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10 U.S.C. § 8333 — Computation of retired and retainer pay

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

10 U.S.C. § 8333 — Computation of retired and retainer pay

**(a)** The monthly retired pay or retainer pay of a member entitled to such pay under this chapter or under section 8470 or 8372 of this title is computed in accordance with the following table. FormulaForsectionsColumn 1TakeColumn 2Multiply by A8325(a)6326 Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405. B8323 8325(b)8470 8372 Retired pay base computed under section 1406(d) or 1407Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. C8330 Retainer pay base computed under section 1406(d) or 1407Retainer pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. **(b)** (1) Retired pay or retainer pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1. (2) References in the table in subsection (a) are to sections of this title. **(c)** In the case of a Reserve enlisted member whose grade upon transfer to the Fleet Reserve or Fleet Marine Corps Reserve is determined under [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8336&num=0&edition=prelim) and who first became a member of a uniformed service before September 8, 1980, the retainer pay base of the member (notwithstanding [section 1406(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1406/a/1&num=0&edition=prelim)) is the amount of the monthly basic pay of the grade in which the member is so transferred (determined based upon the rates of basic pay applicable on the date of the member’s transf

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Source location: Title 10, Chapter 841, § 8333; chapter-841-voluntary-retirement.md

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

10 U.S.C. § 6333 — Funding for laboratory directed research and development

Notwithstanding section 307 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2845), of the funds made available by the Department of Energy for activities at Government-owned, contractor-operated laboratories funded in the Energy and Water Development and Related Agencies Appropriations Act, 2014 (div. D of Pub. L. 113–76) or any subsequent Energy and Water Development Appropriations Act for any fiscal year, the Secretary may authorize a specific amount, not to exceed 6 percent of such funds, to be used by such laboratories for laboratory directed research and development.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6333

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

10 U.S.C. § 1401 — Computation of retired pay

**(a) Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement.—** The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed “For sections”, retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, and 3, as modified by the applicable footnotes. Formula No.For sectionsColumn 1 TakeColumn 2 Multiply byColumn 3 Add 1 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month. 112011204Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when retired. 212021205Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list.Amount necessary to increase product of columns 1 and 2 to 50% of retired pay base upon which computation is based. 4580126312931305Retired pay base as computed under section 1406(b) or 1407.The retired pay multiplier prescribed in section 1409 for the years of service credited to him un

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

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

10 U.S.C. § 1405 — Years of service

**(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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001

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

10 U.S.C. § 1402 — Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980

**(a)** A member of an armed force who first became a member of a uniformed service before September 8, 1980, and who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty according to the following table. Column 1 TakeColumn 2 Multiply by 1 For a member who has been entitled, for continuous period of at least two years, to basic pay under the rates of basic pay in effect upon that release from active duty, compute under those rates. For a member who has been entitled to basic pay for a continuous period of at least two years upon that release from active duty, but who is not covered by the preceding sentence, compute under the rates of basic pay replaced by those in effect upon that release from active duty. For any other member, compute under the rates of basic pay under which the member’s retired pay or retainer pay was computed when he entered on that active duty. 2 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month. Monthly basic pay 1 of the grade in which he would be eligible— (1) to retire if he were retiring upon that release from active duty; or (2) to transfer to the Fleet Reserve or Fleet Marine Corps Reserve if he were transferring to either upon that release from active duty.2½ percent of the sum of— (1) the years of service that may be credited to him in computing retired pay or retainer pay; and (2) his years of active service after becoming entitled to retired pay or retainer pay.2 However, an officer who was ordered to ac

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1402

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

10 U.S.C. § 8336 — Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct

**(a)** A member of the Navy Reserve or Marine Corps Reserve described in subsection (b) who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim) shall be transferred in the highest enlisted grade in which the member served on active duty satisfactorily, as determined by the Secretary of the Navy. **(b)** This section applies to a Reserve enlisted member who— (1) at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve is serving on active duty in a grade lower than the highest enlisted grade held by the member while on active duty; and (2) was previously administratively reduced in grade not as a result of the member’s own misconduct, as determined by the Secretary of the Navy. **(c)** This section applies with respect to enlisted members of the Navy Reserve and Marine Corps Reserve who are transferred to the Fleet Reserve or the Fleet Marine Corps Reserve after September 30, 1996.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8336

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

10 U.S.C. § 1406 — Retired pay base for members who first became members before September 8, 1980: final basic pay

**(a) Use of Retired Pay Base in Computing Retired Pay.—** (1) **General rule.—** — The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service before September 8, 1980, is computed using the retired pay base or retainer pay base determined under this section. (2) **Exception for recomputation.—** — Recomputation of retired or retainer pay to reflect later active duty is provided for under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1402&num=0&edition=prelim) without reference to a retired pay base or retainer pay base. **(b) Retirement Under Subtitle A or E.—** (1) **Disability, warrant officer, and dopma retirement.—** — In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table. For a member entitled toretired pay under section:The retired pay base is: 1 Compute at rates applicable on date of retirement or date when member’s name was placed on temporary disability retired list, as the case may be. 2 Compute at rates applicable on date of retirement. 3 For the purposes of this subsection, determine member’s retired grade as if sections 7342 and 9342 did not apply. 1201120212041205Monthly basic pay 1 of grade to which member is entitled under section 1372 or to which he was entitled on day before retirement or placement on temporary disability retired list, whichever is higher. 580126312931305Monthly basic pay to which member would have been entitled if he had served on active duty in his retired grade on day before retirement, or if the pay of that grade is less than the pay of any warrant grade satisfactorily held by him on active duty, the monthly basic pay o

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1406

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

10 U.S.C. § 8323 — Officers: 20 years

**(a)** (1) An officer of the Navy or the Marine Corps who applies for retirement after completing more than 20 years of active service, of which at least 10 years was service as a commissioned officer, may, in the discretion of the President, be retired on the first day of any month designated by the President. (2) (A) The Secretary of Defense may authorize the Secretary of the Navy, during the period specified in subparagraph (B), to reduce the requirement under paragraph (1) for at least 10 years of active service as a commissioned officer to a period (determined by the Secretary) of not less than eight years. (B) The period specified in this subparagraph is the period beginning on January 7, 2011, and ending on September 30, 2018. **(b)** For the purposes of this section— (1) an officer’s years of active service are computed by adding all his active service in the armed forces; and (2) his years of service as a commissioned officer are computed by adding all his active service in the armed forces under permanent or temporary appointments in grades above warrant officer, W–1. **(c)** The retired grade of an officer retired under this section is the grade determined under section 1370 or 1370a of this title, as applicable. **(d)** A warrant officer who retires under this section may elect to be placed on the retired list in the highest grade and with the highest retired pay to which he is entitled under any provision of this title. If the pay of that highest grade is less than the pay of any warrant grade satisfactorily held by him on active duty, his retired pay shall be based on the higher pay. **(e)** Unless otherwise entitled to higher pay, an officer retired under this section is entitled to retired pay computed under [section 8333 of this title](ht

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8323

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

10 U.S.C. § 8325 — Officers: retired grade and pay

**(a)** Except as provided in subsection (b) or section 1370 11 See References in Text note below. of this title, each officer who is retired under section 8321 or 8322 of this title— (1) unless otherwise entitled to a higher grade, shall be retired in the grade in which he was serving at the time of retirement; and (2) unless otherwise entitled to higher pay, is entitled to retired pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim). **(b)** Each officer who is retired while serving in the grade of admiral, vice admiral, general, or lieutenant general by virtue of an appointment under [section 601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section601&num=0&edition=prelim) or who is retired while serving in a grade to which he was appointed or promoted under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section603&num=0&edition=prelim) or promoted under section 602 1 (as in effect before February 1, 1992) or section 5721 1 of this title— (1) unless otherwise entitled to a higher grade, shall be retired in the grade he would hold if he had not received such an appointment; and (2) unless otherwise entitled to higher pay, is entitled to retired pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim). **(c)** A warrant officer who retires under section 8321, 8322, or 8323 of this title may elect to be placed on the retired list in the highest grade and with the highest retired pay to which he is entitled under any provision of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8325

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

10 U.S.C. § 8326 — Enlisted members: 30 years

**(a)** Each enlisted member of the Regular Navy or the Regular Marine Corps who applies for retirement after completing 30 or more years of active service in the armed forces shall be retired by the President. **(b)** For the purpose of subsection (a), “enlisted member” includes a member of the Regular Navy or the Regular Marine Corps who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade. **(c)** Each person retired under this section— (1) unless otherwise entitled to a higher grade, shall be retired in the grade in which serving at the time of retirement; and (2) unless otherwise entitled to higher pay, is entitled to retired pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8326

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