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10 U.S.C. § 1410 — Restoral of full retirement amount at age 62 for certain members entering on or after August 1, 1986

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1410 — Restoral of full retirement amount at age 62 for certain members entering on or after August 1, 1986

In the case of a member or former member who first became a member of a uniformed service on or after August 1, 1986, who has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or [section 354 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section354&num=0&edition=prelim), and who becomes entitled to retired pay before the age of 62, the retired pay of such member or former member shall be recomputed, effective on the first day of the first month beginning after the member or former member attains 62 years of age, so as to be the amount equal to the amount of retired pay to which the member or former member would be entitled on that date if— (1) increases in the retired pay of the member or former member under [section 1401a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401a/b&num=0&edition=prelim) had been computed as provided in paragraph (2) of that section (rather than under paragraph (3) of that section); and (2) in the case of a member whose retired pay was subject to [section 1409(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409/b/2&num=0&edition=prelim), no reduction in the member’s retired pay had been made under that section.

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Stable record: federal_law:legal_authorities:record_usc_195ed7d92ced3d6fd067fe3f
Source file: Laws/federal/codes/united-states-code/title-10/section-1410-restoral-of-full-retirement-amount-at-age-62-for-certain-members-enterin--a96b657f92.md
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Passage SHA-256: 289f1bdc7324e08eac88b008efaa5cf945735c70324299a28edf35dd8387d3ee

Source location: Title 10, Chapter 71, § 1410; chapter-071-computation-of-retired-pay.md

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In the case of a member or former member who first became a member of a uniformed service on or after August 1, 1986, who has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or [section 354 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section354&num=0&edition=prelim), and who becomes entitled to retired pay before the age of 62, the retired pay of such member or former member shall be recomputed, effective on the first day of the first month beginning after the member or former member attains 62 years of age, so as to be the amount equal to the amount of retired pay to which the member or former member would be entitled on that date if— (1) increases in the retired pay of the member or former member under [section 1401a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401a/b&num=0&edition=prelim) had been computed as provided in paragraph (2) of that section (rather than under paragraph (3) of that section); and (2) in the case of a member whose retired pay was subject to [section 1409(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409/b/2&num=0&edition=prelim), no reduction in the member’s retired pay had been made under that section.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1401a — Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index

**(a) Prohibition on Recomputation To Reflect Increases in Basic Pay.—** Unless otherwise specifically provided by law, the retired pay of a member or former member of an armed force may not be recomputed to reflect any increase in the rates of basic pay for members of the armed forces. **(b) Cost-of-Living Adjustments Based on CPI Increases.—** (1) **Increase required.—** — Effective on December 1 of each year, the Secretary of Defense shall increase the retired pay of members and former members entitled to that pay in accordance with paragraphs (2) and (3). (2) **Percentage increase.—** — Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member by the percent (adjusted to the nearest one-tenth of 1 percent) by which— (A) the price index for the base quarter of that year, exceeds (B) the base index. (3) **Reduced percentage for certain post-august 1, 1986 members.—** — If the percent determined under paragraph (2) is greater than 1 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, and has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or [section 354 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section354&num=0&edition=prelim), by the difference between— (A) the percent determined under paragraph (2); and (B) 1 percent. (4) **Special rule for paragraph (3).—** — If in any case in which an increase in retired pay that would otherwise be made under paragraph (3) is not made by reason of law (other than any provision of this section), then (unless otherwise provided

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1401a

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 322 — Renumbered § 354]

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Source: U.S. Code supplied Markdown snapshot · 37 U.S.C. § 322

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 354 — Special pay: 15-year career status bonus for members entering service on or after August 1, 1986

**(a) Availability of Bonus.—** The Secretary concerned shall pay a bonus under this section to an eligible career bonus member if the member— (1) elects to receive the bonus under this section; and (2) executes a written agreement (prescribed by the Secretary concerned) to remain continuously on active duty until the member has completed 20 years of active-duty service creditable under [section 1405 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1405&num=0&edition=prelim). **(b) Eligible Career Bonus Member Defined.—** In this section, the term “eligible career bonus member” means a member of a uniformed service serving on active duty who— (1) first became a member on or after August 1, 1986; and (2) has completed 15 years of active duty in the uniformed services (or has received notification under subsection (e) that the member is about to complete that duty). **(c) Election Method.—** An election under subsection (a)(1) shall be made in such form and within such period as the Secretary concerned may prescribe. An election under that subsection is irrevocable. **(d) Amount of Bonus; Payment.—** (1) A bonus under this section shall be equal to $30,000. (2) A member electing to receive the bonus under this section shall elect one of the following payment options: (A) A single lump sum of $30,000. (B) Two installments of $15,000 each. (C) Three installments of $10,000 each. (D) Four installments of $7,500 each. (E) Five installments of $6,000 each. (3) If a member elects installment payments under paragraph (2), the second installment (and subsequent installments, as applicable) shall be paid on the earlier of the following dates: (A) The annual anniversary date of the payment of the first installment.

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 354

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1451 — Amount of annuity

**(a) Computation of Annuity for a Spouse, Former Spouse, or Child.—** (1) **Standard annuity.—** — In the case of a standard annuity provided to a beneficiary under [section 1450(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1450/a&num=0&edition=prelim) (other than under section 1450(a)(5)), the monthly annuity payable to the beneficiary shall be determined as follows: (A) *Beneficiary under 62 years of age.—* — If the beneficiary is under 62 years of age or is a dependent child when becoming entitled to the annuity, the monthly annuity shall be the amount equal to 55 percent of the base amount. (B) *Beneficiary 62 years of age or older.—* (i) *General rule.—* — If the beneficiary (other than a dependent child) is 62 years of age or older when becoming entitled to the annuity, the monthly annuity shall be the amount equal to the product of the base amount and the percent applicable to the month, as follows: (I) For a month before October 2005, the applicable percent is 35 percent. (II) For months after September 2005 and before April 2006, the applicable percent is 40 percent. (III) For months after March 2006 and before April 2007, the applicable percent is 45 percent. (IV) For months after March 2007 and before April 2008, the applicable percent is 50 percent. (V) For months after March 2008, the applicable percent is 55 percent. (ii) *Rule if beneficiary eligible for social security offset computation.—* — If the beneficiary is eligible to have the annuity computed under subsection (e) and if computation of the annuity under that subsection is more favorable to the beneficiary than computation under clause (i), the annuity shall be computed under that subsection rathe

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1451

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1452 — Reduction in retired pay

**(a) Spouse and Former Spouse Annuities.—** (1) **Required reduction in retired pay.—** — Except as provided in subsection (b), the retired pay, other than retired pay received as a lump sum under [section 1415(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1415/b/1/A&num=0&edition=prelim), of a participant in the Plan who is providing spouse coverage (as described in paragraph (5)) shall be reduced as follows: (A) *Standard annuity.—* — If the annuity coverage being provided is a standard annuity, the reduction shall be as follows: (i) *Disability and nonregular service retirees.—* — In the case of a person who is entitled to retired pay under chapter 61 or chapter 1223 of this title, the reduction shall be in whichever of the alternative reduction amounts is more favorable to that person. (ii) *Members as of enactment of flat-rate reduction.—* — In the case of a person who first became a member of a uniformed service before March 1, 1990, the reduction shall be in whichever of the alternative reduction amounts is more favorable to that person. (iii) *New entrants after enactment of flat-rate reduction.—* — In the case of a person who first becomes a member of a uniformed service on or after March 1, 1990, and who is entitled to retired pay under a provision of law other than chapter 61 or chapter 1223 of this title, the reduction shall be in an amount equal to 6½ percent of the base amount. (iv) *Alternative reduction amounts.—* — For purposes of clauses (i) and (ii), the alternative reduction amounts are the following: (I) *Flat-rate reduction.—* — An amount equal to 6½ percent of the base amount. (II) *Amount under pre-flat-rate reduction.—* — An amount equal to 2½ percent of

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1452

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1410 — Restoral of full retirement amount at age

Page 1329 TITLE 10—ARMED FORCES § 1410 clause (i) shall make the election de- scribed in subparagraph (B)— (I) on or after the date on which such cadet, midshipman, or member of the Senior Reserve Officers’ Training Corps is appointed as a commissioned officer or otherwise begins to receive basic pay; and (II) not later than 30 days after such date or the end of such election period, whichever is later. (v) INACTIVE RESERVES.—A member of a reserve component who is not in an active status during the election period specified in clause (i) shall make the election de- scribed in subparagraph (B)— (I) on or after the date on which such member is transferred from an inactive status to an active status or active duty; and (II) not later than 30 days after such date or the end of such election period, whichever is later. (D) NO RETROACTIVE CONTRIBUTIONS PURSU- ANT TO ELECTION.—Thrift Savings Plan con- tributions may not be made for a member making an election pursuant to subpara- graph (B) for any period beginning before the date of the member’s election under that subparagraph by reason of the member’s election. (E) REGULATIONS.—The Secretary con- cerned shall prescribe regulations to imple- ment this paragraph. (c) YEARS OF CREDITABLE SERVICE DEFINED.— In this section, the term ‘‘years of creditable service’’ means the number of years of service creditable to a member in computing the mem- ber’s retired or retainer pay (including 1⁄12 of a year for each full month of service that is in ad- dition to the number of full years of service of the member). (Added Pub. L. 99–348, title I, § 101, July 1, 1986, 100 Stat. 683; amended Pub. L. 101–189, div. A, title VI, § 651(b)(3), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 103–337, div. A, title XVI, § 16

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1410

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