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10 U.S.C. § 1401 — Computation of retired pay
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_58e4813741572e2fa9190ec8
Source file: Laws/federal/codes/united-states-code/title-10/section-1401-computation-of-retired-pay--618f838ba0.md
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Source location: Title 10, Chapter 71, § 1401; chapter-071-computation-of-retired-pay.md
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**(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 under section 1405. 5633634635636125112521253Retired 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 under section 1405.
**(b) Use of Most Favorable Formula.—** If a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or of any other provision of law, the person is entitled to be paid under the applicable formula that is most favorable to him.
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Federal law — U.S. Code and appendices · legal_authorities
Any medical officer of the Regular Corps of the Public Health Service who—
(1)
(A) was appointed to the assistant grade in the Regular Corps and whose service in such Corps has been continuous from the date of appointment or (B) may hereafter be appointed to the assistant grade in the Regular Corps, and
(2) had or will have completed a medical internship on the date of such appointment,
shall be credited with one year for purposes of promotion and seniority in grade, except that no such credit shall be authorized if the officer has received or will receive similar credit for his internship under other provisions of law. In the case of an officer on active duty on the effective date of this section who is entitled to the credit authorized herein, the one year shall be added to the promotion and seniority-in-grade credits with which he is credited on such date.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 212
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provisions made applicable to the corps** The rules of law that apply to the Armed Forces under the following provisions of title 10, as those provisions are in effect from time to time, apply also to the commissioned officer corps of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the armed forces and to and from National Oceanic and Atmospheric Administration.
(4) Section 771, relating to unauthorized wearing of uniforms.
(5) Section 774, relating to wearing religious apparel while in uniform.
(6) Section 982, relating to service on State and local juries.
(7) Section 1031, relating to administration of oaths.
(8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions.
(9) Section 1035, relating to deposits of savings.
(10) Section 1036, relating to transportation and travel allowances for escorts for dependents of members.
(11) Section 1052, relating to reimbursement for adoption expenses.
(12) Section 1074n, relating to annual mental health assessments.
(13) Section 1090a, relating to referrals for mental health evaluations.
(14) Chapter 58, relating to the benefits and services for members being separated or recently separated.
(15) Section 1174a, relating to special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such purpose and are provided at the discretion of the Secretary of Commerce).
(16) Chapter 61, relating to retirement or separation for physical disability.
(17) Section 1251(e), relating to retirement or separation based on years of creditable service.
(18) Chapter 69, relating to retired g
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3071
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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.
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
**(a) Retired Pay Multiplier for Regular-Service Nondisability Retirement.—** In computing—
(1) the retired pay of a member of a uniformed service who is entitled to that pay under any provision of law other than—
(A) chapter 61 of this title (relating to retirement or separation for physical disability); or
(B) chapter 1223 of this title (relating to retirement for non-regular service); or
(2) the retainer pay of a member 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),
the retired pay multiplier (or retainer pay multiplier) is the percentage determined under subsection (b).
**(b) Percentage.—**
(1) **General rule.—** — Subject to paragraphs (2) and (3), the percentage to be used under subsection (a) is the product (stated as a percentage) of—
(A) 2½, and
(B) the member’s years of creditable service (as defined in subsection (c)).
(2) **Reduction applicable to certain new-retirement members with less than 30 years of service.—** — In the case of a member who first became a member of a uniformed service after July 31, 1986, 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), has less than 30 years of creditable service, and is under the age of 62 at the time of retirement, the percentage determined under paragraph (1) shall be reduced by—
(A) 1 percentage point for each full year that the member’s years of creditable service are less than 30; and
(B) 1⁄12 of 1 pe
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1409
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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
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
**(a) Briefings on Requests for Proposals.—** Not later than 7 days after issuing a request for proposals for a contract to manage and operate a facility of the Administration, the Administrator shall brief the congressional defense committees on the preliminary assessment of the Administrator of the costs and benefits of the competition for the contract, including a preliminary assessment of the matters described in subsection (c) with respect to the contract.
**(b) Reports After Transition to New Contracts.—** If the Administrator awards a new contract to manage and operate a facility of the Administration, the Administrator shall submit to the congressional defense committees a report that includes the matters described in subsection (c) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.
**(c) Matters Described.—** The matters described in this subsection, with respect to a contract, are the following:
(1) A clear and complete description of the cost savings the Administrator expects to result from the competition for the contract over the life of the contract, including associated analyses, assumptions, and information sources used to determine such expected cost savings.
(2) A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known.
(3) The costs of the competition for the contract, including the immediate costs of conducting the competition, the costs of the transition to the contract from the previous contract, and any increased costs over the life of the contract.
(4) A description of any disruptions or delays in mission activities or deliverables resulting from the competition for
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6328
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Federal law — U.S. Code and appendices · legal_authorities
Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section 12731).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors** Except as provided in subsection (b), commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers—
(1) in time of war;
(2) on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or
(3) while the Service is part of the military forces of the United States pursuant to Executive order of the President;
be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances.
**(b) Award of decorations** The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations.
**(c) Authority of Surgeon General** The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General.
**(d) Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs** Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen’s Indemnity Act of 1951) and [section 417 of this title](https://uscode.house.gov/view.xhtml
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 213a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Annual Adjustment.—** Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under [section 203(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section203/a&num=0&edition=prelim) shall be increased under this section.
**(b) Effectiveness of Adjustment.—** An adjustment under this section shall have the force and effect of law.
**(c) Equal Percentage Increase for All Members.—**
(1) An adjustment made under this section in a year shall provide all eligible members with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of one percent) by which the ECI for the base quarter of the year before the preceding year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
(2) Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph.
(3) In this subsection:
(A) The term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics.
(B) The term “base quarter” for any year is the three-month period ending on September 30 of such year.
**(d) Protection of Member’s Total Compensation While Performing Certain Duty.—**
(1) The total daily equivalent amount of the elements of compensation described in paragraph (3), together with other pay and allowances under this title, to be paid to a member of the uniformed services who is temporarily assigned to duty away from
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 1009
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Service as a member of the Women’s Army Auxiliary Corps for ninety days or more by any woman who before October 1, 1943, was honorably discharged for disability incurred or aggravated in line of duty which rendered her physically unfit to perform further service in the Women’s Army Auxiliary Corps or the Women’s Army Corps shall be considered active duty for the purposes of all laws administered by the Secretary.
(2) Any person entitled to compensation or pension by reason of this subsection and to employees’ compensation based upon the same service under subchapter I of chapter 81 of title 5 must elect which benefit she will receive.
**(b)** Any person—
(1) who has applied for enlistment or enrollment in the active military, naval, air, or space service and has been provisionally accepted and directed or ordered to report to a place for final acceptance into such service; or
(2) who has been selected or drafted for service in the Armed Forces and has reported pursuant to the call of the person’s local draft board and before rejection; or
(3) who has been called into the Federal service as a member of the National Guard, but has not been enrolled for the Federal service; and
who has suffered an injury or contracted a disease in line of duty while en route to or from, or at, a place for final acceptance or entry upon active duty, will, for the purposes of chapters 11, 13, 19, 21, 31, and 39 of this title, and for purposes of determining service-connection of a disability under chapter 17 of this title, be considered to have been on active duty and to have incurred such disability in the active military, naval, air, or space service.
**(c)** For the purposes of this title, an individual discharged or released from a period of active duty shall be deemed
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 106
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