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10 U.S.C. § 12733 — Computation of retired pay: computation of years of service
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of computing the retired pay of a person under this chapter, the person’s years of service and any fraction of such a year are computed by dividing 360 into the sum of the following:
(1) The person’s days of active service.
(2) The person’s days of full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned.
(3) One day for each point credited to the person under clause (B), (C), (D), or (F) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim), but not more than—
(A) 60 days in any one year of service before the year of service that includes September 23, 1996;
(B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes October 30, 2000;
(C) 90 days in the year of service that includes October 30, 2000, and in any subsequent year of service before the year of service that includes October 30, 2007; and
(D) 130 days in the year of service that includes October 30, 2007, and in any subsequent year of service.
(4) One day for each point credited to the person under subparagraph (E) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim).
(5) One day for each point credited to the person under subparagraph (F) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim).
(6) 50 days for each year before Jul
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Stable record: federal_law:legal_authorities:record_usc_1a9409394b3be1a95507718d
Source file: Laws/federal/codes/united-states-code/title-10/section-12733-computation-of-retired-pay-computation-of-years-of-service--effae97b47.md
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Passage SHA-256: 1e6facece703656e8fcede7f1c7a7f9c37c8414e3003f2dfff0bd02137dac8fd
Source location: Title 10, Chapter 1223, § 12733; chapter-1223-retired-pay-for-non-regular-service.md
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For the purpose of computing the retired pay of a person under this chapter, the person’s years of service and any fraction of such a year are computed by dividing 360 into the sum of the following:
(1) The person’s days of active service.
(2) The person’s days of full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned.
(3) One day for each point credited to the person under clause (B), (C), (D), or (F) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim), but not more than—
(A) 60 days in any one year of service before the year of service that includes September 23, 1996;
(B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes October 30, 2000;
(C) 90 days in the year of service that includes October 30, 2000, and in any subsequent year of service before the year of service that includes October 30, 2007; and
(D) 130 days in the year of service that includes October 30, 2007, and in any subsequent year of service.
(4) One day for each point credited to the person under subparagraph (E) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim).
(5) One day for each point credited to the person under subparagraph (F) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim).
(6) 50 days for each year before July 1, 1949, and proportionately for each fraction of a year, of service (other than active service) in a reserve component of an armed force, in the Army or the Air Force without component, or in any other category covered by [section 12732(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/1&num=0&edition=prelim), except a regular component.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), the person’s years of service are computed by adding the following:
(1) The person’s years of service, before July 1, 1949, in the following:
(A) The armed forces.
(B) The federally recognized National Guard before June 15, 1933.
(C) A federally recognized status in the National Guard before June 15, 1933.
(D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.
(E) The Navy Reserve Force.
(F) The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.
(G) The National Naval Volunteers.
(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901.
(I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072).
(J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—
(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or
(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12732
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this chapter, a member of a regular component shall be credited with the service described in paragraph (1) or that described in paragraph (2), whichever is greater:
(1) The service that he is considered to have for the purpose of separation, discharge, or retirement for length of service.
(2) The sum of—
(A) his active service as a member of the armed forces, a nurse, a reserve nurse, a contract surgeon, a contract dental surgeon, or an acting dental surgeon;
(B) his active service as a member of the National Oceanic and Atmospheric Administration or the Public Health Service; and
(C) his service while participating in exercises or performing duties under sections 502, 503, 504, and 505 of title 32.
For the purpose of paragraph (2), active service as a member of the National Oceanic and Atmospheric Administration includes active service as a member of the Environmental Science Services Administration and of the Coast and Geodetic Survey.
**(b)** A member of the armed forces who is not a member of a regular component shall be credited, for the purposes of this chapter, with the number of years of service that he would count if he were computing his years of service under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1208
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Federal law — U.S. Code and appendices · legal_authorities
Subject to other provisions of this title, reserve commissioned officers may be discharged at the pleasure of the President. Other Reserves may be discharged under regulations prescribed by the Secretary concerned.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12681
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The monthly retired pay of a person entitled to that pay under this chapter is the product of—
(1) the retired pay base for that person as computed under section 1406(b)(2) or 1407 of this title; and
(2) 2½ percent of the years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).
**(b)** If a person entitled to retired pay under this chapter has been credited by the Secretary concerned with extraordinary heroism in the line of duty and if the highest grade held satisfactorily by that person at any time in the armed forces is an enlisted grade, the person’s retired pay shall be increased by 10 percent of the amount determined under subsection (a). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
**(c)**
(1) Except as provided in paragraph (2), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed 75 percent of the retired pay base upon which the computation is based.
(2) In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of—
(A) 75 percent of the retired pay base upon which the computation is based; and
(B) the product of—
(i) the retired pay base upon which the computation is based; and
(ii) 2½ percent of the years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=gr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12739
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding—
(1) his years of active service;
(2) the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958, in computing his basic pay; and
(3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim) if he were entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim).
**(b) Fractional Years of Service.—** In determining a member’s years of service under subsection (a)—
(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and
(2) any remaining fractional part of a month shall be disregarded.
**(c) Exclusion of Time Required To Be Made Up or Excluded.—**
(1) Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under [section 972(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section972/a&num=0&edition=prelim), or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994, may not be counted in determining years of service under subsection (a).
(2) [Section 972(b) of this title](https://uscode.house.gov/v
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1405
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Service Not Creditable.—** Except as provided in subsection (b), service performed while a member of the program shall not be counted—
(1) in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program; or
(2) in computing years of service creditable under [section 205 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim).
**(b) Service Creditable for Certain Purposes.—**
(1) The Secretary concerned may authorize service performed by a member of the program in pursuit of a course of study under this subchapter to be counted in accordance with this subsection if the member—
(A) completes the course of study;
(B) completes the active duty obligation imposed under [section 2123(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2123/a&num=0&edition=prelim); and
(C) possesses a specialty designated by the Secretary concerned as critically needed in wartime.
(2) Service credited under paragraph (1) counts only for the award of retirement points for computation of years of service under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim) and for computation of retired pay under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).
(3) The number of points credited to a member under paragraph (1) for a year of participation in a course of study is 50. The points shall be credited to the member for one of the years of that participation at the end of each year after the completion of the course of study that the me
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2126
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The authorized strength of the Corps of Cadets of the Academy (determined for any year as of the day before the last day of the academic year) is 4,400 or such lower number as may be prescribed by the Secretary of the Army under subsection (j). Subject to that limitation, cadets are selected as follows:
(1) 65 cadets selected in order of merit as established by competitive examinations from the children of members of the armed forces who were killed in action or died of, or have a service-connected disability rated at not less than 100 per centum resulting from, wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service, children of members who are in a “missing status” as defined in [section 551(2) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551/2&num=0&edition=prelim), and children of civilian employees who are in “missing status” as defined in [section 5561(5) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim). The determination of the Department of Veterans Affairs as to service connection of the cause of death or disability, and the percentage at which the disability is rated, is binding upon the Secretary of the Army.
(2) Five cadets nominated at large by the Vice President or, if there is no Vice President, by the President pro tempore of the Senate.
(3) Ten cadets from each State, five of whom are nominated by each Senator from that State.
(4) Five cadets from each congressional district, nominated by the Representative from the district.
(5) Five cadets from the District of Columbia, nominated by the Delegate to the House of Representatives from the District of Columbia.
(6) Four c
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7442
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