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10 U.S.C. § 1406 — Retired pay base for members who first became members before September 8, 1980: final basic pay
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-10/section-1406-retired-pay-base-for-members-who-first-became-members-before-september-8--a9106c5fc3.md
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Source location: Title 10, Chapter 71, § 1406; chapter-071-computation-of-retired-pay.md
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**(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 of that warrant officer grade. 633 634 635 636125112521253Monthly basic pay 2 of member’s retired grade.3
(2) **Non-regular service retirement.—** — In the case of a person who 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 retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted (or, in the case of a person entitled to retired pay by reason of an election under [section 12741(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12741/a&num=0&edition=prelim), at rates applicable on the date the person completes the service required under such section 12741(a)), of the highest grade held satisfactorily by the person at any time in the armed forces. For purposes of the preceding sentence, the highest grade in which a person served satisfactorily as an officer shall be determined in accordance with [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim).
**(c) Voluntary Retirement for Members of the Army.—**
(1) **In general.—** — In the case of a member whose retired pay is computed under [section 7361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7361&num=0&edition=prelim) or who is entitled to retired pay computed under [section 7362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7362&num=0&edition=prelim), 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 For the purposes of this subsection, determine member’s retired grade as if section 7342 did not apply. 7311731873207324Monthly basic pay of member’s retired grade.1 73147317Monthly basic pay to which member was entitled on day before he retired. 7362Monthly basic pay of grade to which member is advanced on retired list.
(2) **Rate of basic pay to be used.—** — The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member’s retirement.
**(d) Retirement for Members of the Navy and Marine Corps.—** In the case of a member whose retired pay is computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim), who is advanced on the retired list under section 8262 or 8334 of this title, or who is entitled to retainer pay under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim), the retired pay base or retainer pay base is determined in accordance with the following table. For a member entitled toretired or retainer pay under section:The retired pay base orretainer pay base is: 1 If the rate specified is less than the pay of any warrant officer grade satisfactorily held by the member on active duty, use the monthly basic pay of that warrant officer grade. 8323 8325(a)8372 Basic pay of the grade in which the member retired.1 8325(b)Basic pay of the grade the officer would hold if he had not received an appointment described in section 8325(b). 8326 Basic pay of the pay grade in which the member was serving on the day before retirement. 8330 Basic pay that the member received at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve. 8262 Basic pay of the grade to which the member is advanced under section 8262. 8334 Basic pay of the grade to which the member is advanced under section 8334.
**(e) Voluntary Retirement for Members of the Air Force and Space Force.—**
(1) **In general.—** — In the case of a member whose retired pay is computed under [section 9361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9361&num=0&edition=prelim) or who is entitled to retired pay computed under [section 9362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9362&num=0&edition=prelim), 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 For the purposes of this subsection, determine member’s retired grade as if section 9342 did not apply. 9311931893209324Monthly basic pay of member’s retired grade.1 93149317Monthly basic pay to which member was entitled on day before he retired. 9362Monthly basic pay of grade to which member is advanced on retired list.
(2) **Rate of basic pay to be used.—** — The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member’s retirement.
**(f) Coast Guard.—** In the case of a member who is retired under any section of title 14, the member’s retired pay is computed under section 423(a) 11 See References in Text note below. of title 14 in the manner provided in that section.
**(g) Commissioned Corps of National Oceanic and Atmospheric Administration.—** In the case of an officer whose retired pay is computed under section 245 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ([33 U.S.C. 3045](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3045&num=0&edition=prelim)), the retired pay base is the basic pay of the rank with which the officer retired.
**(h) Commissioned Corps of Public Health Service.—** In the case of an officer who is retired under section 210(g) or 211(a) of the Public Health Service Act ([42 U.S.C. 211(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section211/g&num=0&edition=prelim), 212(a)), the retired pay base is determined as follows:
(1) **Mandatory retirement.—** — If the officer is retired under section 210(g) of such Act, the retired pay base is the basic pay of the permanent grade held by the officer at the time of retirement.
(2) **Voluntary retirement.—** — If the officer is retired under section 211(a) of such Act, the retired pay base is the basic pay of the highest grade held by the officer and in which, in the case of a temporary promotion to such grade, the officer has performed active duty for not less than six months.
**(i) Special Rule for Former Chairmen and Vice Chairmen of the JCS, Chiefs of Service, Chief of the National Guard Bureau, Commanders of Combatant Commands, and Senior Enlisted Members.—**
(1) **In general.—** — For the purposes of subsections (b) through (e), in determining the rate of basic pay to apply in the determination of the retired pay base of a member who has served as Chairman or Vice Chairman of the Joint Chiefs of Staff, as a Chief of Service, as Chief of the National Guard Bureau, as a commander of a unified or specified combatant command (as defined in [section 161(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section161/c&num=0&edition=prelim)), or as the senior enlisted member of an armed force or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau, the highest rate of basic pay applicable to the member while serving in that position shall be used, if that rate is higher than the rate otherwise authorized by this section.
(2) **Exception for members reduced in grade or who do not serve satisfactorily.—** — Paragraph (1) does not apply in the case of a member who, while or after serving in a position specified in that paragraph and by reason of conduct occurring after October 16, 1998—
(A) in the case of an enlisted member, is reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or other administrative process; or
(B) in the case an officer, is not certified by the Secretary of Defense under section 1370(c) 1 of this title as having served on active duty satisfactorily in the grade of general or admiral, as the case may be, while serving in that position.
(3) **Definitions.—** — In this subsection:
(A) The term “Chief of Service” means any of the following:
(i) Chief of Staff of the Army.
(ii) Chief of Naval Operations.
(iii) Chief of Staff of the Air Force.
(iv) Commandant of the Marine Corps.
(v) Chief of Space Operations.
(vi) Commandant of the Coast Guard.
(B) The term “senior enlisted member” means any of the following:
(i) Sergeant Major of the Army.
(ii) Master Chief Petty Officer of the Navy.
(iii) Chief Master Sergeant of the Air Force.
(iv) Sergeant Major of the Marine Corps.
(v) Chief Master Sergeant of the Space Force.
(vi) Master Chief Petty Officer of the Coast Guard.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Computation.—**
(1) **Formula.—** — The monthly retired pay of a member entitled to such pay under this subtitle is computed by multiplying—
(A) the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by
(B) the retired pay multiplier prescribed in [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim) for the number of years credited to the member under [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1405&num=0&edition=prelim).
(2) **Additional 10 percent for certain enlisted members credited with extraordinary heroism.—** — If a member who is retired under [section 7314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7314&num=0&edition=prelim) has been credited by the Secretary of the Army with extraordinary heroism in the line of duty, the member’s retired pay shall be increased by 10 percent of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based (except in the case of a member who served during the Vietnam era, as that term is defined in [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim))). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
**(b) General Rules.—**
(1) **Use of most favorable formula.—** — If a person would otherwise be entitled to retired pay computed under more than one formula in subsection (a) or the table in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7361
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W–5, for each of the armed forces under the jurisdiction of the Secretary of a military department.
**(b)** Under regulations prescribed by the Secretary of Defense, the Secretary of each military department may, for an armed force under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The retired pay of a member who first became a member of a uniformed service (as defined in [section 101 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101&num=0&edition=prelim)) before September 8, 1980, is determined by multiplying—
(A) the sum of—
(i) the basic pay of the member’s retired grade or rate, and
(ii) all permanent additions thereto including longevity credit to which the member was entitled at the time of retirement; by
(B) the retired pay multiplier determined under [section 1409 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim) for the number of years of service that may be credited to the member under section 1405 of such title.
(2) In the case of an officer who served as Commandant, retired pay under paragraph (1) shall be computed at the highest rate of basic pay applicable to the officer while so serving.
(3) In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay to which the member was entitled while so serving, if that basic pay is greater than the basic pay of the grade or rate to which the member is otherwise entitled at the time of retirement.
(4) In the case of an officer whose retired pay is computed on the pay of a grade for which basic pay is not based upon years of service, retired pay under paragraph (1) shall be computed on the basis of the number of years of service for which the officer would be entitled to credit in the computation of pay on the active list had the officer been serving in the grade of captain at the time of retirement.
**(b)** The retired pay of a member
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement in Highest Grade in Which Served Satisfactorily.—**
(1) **In general.—** — Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force who retires under any provision of law other than chapter 61 or 1223 of this title shall be retired in the highest permanent grade in which such officer is determined to have served on active duty satisfactorily.
(2) **Determination of satisfactory service.—** — The determination of satisfactory service of an officer in a grade under paragraph (1) shall be made as follows:
(A) By the Secretary of the military department concerned, if the officer is serving in a grade at or below the grade of major general or rear admiral.
(B) By the Secretary of Defense, if the officer is serving or has served in a grade above the grade of major general or rear admiral.
(3) **Effect of misconduct in lower grade in determination.—** — If the Secretary of a military department or the Secretary of Defense, as applicable, determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section—
(A) such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section; and
(B) the grade next lower to such lower grade shall be the retired grade of the officer under this section.
(4) **Nature of retirement of certain reserve officers and officers in temporary grades.—** — A reserve officer, or an officer appointed to a position under [section 601 of this title](https://uscode.house.g
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under [section 12739 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12739&num=0&edition=prelim), if the person—
(1) has attained the eligibility age applicable under subsection (f) to that person;
(2) has performed at least 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim);
(3) in the case of a person who completed the service requirements of paragraph (2) before April 25, 2005, performed the last six years of qualifying service while a member of any category named in [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), but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed the service requirements of paragraph (2) before October 5, 1994, the number of years of such qualifying service under this paragraph shall be eight; and
(4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve.
**(b)** Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Homeland Security, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served.
**(c)**
(1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement in Highest Grade Held Satisfactorily.—** Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section.
**(b) Service-in-grade Requirement for Officers in Grades Below O–5.—** In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months.
**(c) Service-in-grade Requirement for Offices in Grades Above O–4.—**
(1) **In general.—** — In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years.
(2) **Satisfaction of requirement by certain officers not completing three years.—** —
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Fleet Reserve and the Fleet Marine Corps Reserve are composed of members of the naval service transferred thereto under this section.
**(b)** An enlisted member of the Regular Navy or the Navy Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Reserve. An enlisted member of the Regular Marine Corps or the Marine Corps Reserve who has completed 20 or more years of active service in the armed forces may, at his request, be transferred to the Fleet Marine Corps Reserve.
**(c)**
(1) Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled, when not on active duty, to retainer pay computed under [section 8333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8333&num=0&edition=prelim).
(2) A member may recompute his retainer pay under section 1402 or 1402a of this title, as appropriate, to reflect active duty after transfer.
(3) If the member has been credited by the Secretary of the Navy with extraordinary heroism in the line of duty, which determination by the Secretary is final and conclusive for all purposes, his retainer pay shall be increased by 10 percent.
**(d)**
(1) For the purposes of subsection (c), each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
(2) In determining a member’s eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)—
(A) a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpo
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Commerce is authorized to consider, ascertain, adjust, and determine all claims for damages, where the amount of the claim does not exceed $2,500, occasioned, subsequent to June 5, 1920, by acts for which the National Oceanic and Atmospheric Administration is responsible.
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