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33 U.S.C. § 3045 — Computation of retired pay
Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers first becoming members before September 8, 1980** Each officer on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under [section 1406(g) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1406/g&num=0&edition=prelim); by
(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired pay base.
**(b) Officers first becoming members on or after September 8, 1980** Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under [section 1407 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1407&num=0&edition=prelim); by
(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
**(c) Treatment of full and fractional parts of months in computing years of service**
(1) **In general** — In computing the number of years of service of an officer for the purposes of subsection (a)—
(A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as 1⁄12 of a year; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3045
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Stable record: federal_law:legal_authorities:record_usc_6031aca91c8bb12b33e2b6b5
Source file: Laws/federal/codes/united-states-code/title-33/section-3045-computation-of-retired-pay--56b8faccdc.md
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Source location: Title 33, Chapter 43, § 3045; chapter-043-national-oceanic-and-atmospheric-administration-commissioned-officer-corps.md
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**(a) Officers first becoming members before September 8, 1980** Each officer on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under [section 1406(g) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1406/g&num=0&edition=prelim); by
(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent of the retired pay base.
**(b) Officers first becoming members on or after September 8, 1980** Each officer on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying—
(1) the retired pay base determined under [section 1407 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1407&num=0&edition=prelim); by
(2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.
**(c) Treatment of full and fractional parts of months in computing years of service**
(1) **In general** — In computing the number of years of service of an officer for the purposes of subsection (a)—
(A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as 1⁄12 of a year; and
(B) any remaining fractional part of a month shall be disregarded.
(2) **Rounding** — Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Retired Pay Base in Computing Retired Pay.—** The retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service after September 7, 1980, is computed using the retired pay base or retainer pay base determined under this section.
**(b) High-Three Average.—** Except as provided in subsection (f), the retired pay base or retainer pay base of a person under this section is the person’s high-three average determined under subsection (c) or (d).
**(c) Computation of High-Three Average for Members Entitled to Retired or Retainer Pay for Regular Service.—**
(1) **General rule.—** — The high-three average of a member entitled to retired or retainer pay under any provision of law other than section 1204 or 1205 or [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim) is the amount equal to—
(A) the total amount of monthly basic pay to which the member was entitled for the 36 months (whether or not consecutive) out of all the months of active service of the member for which the monthly basic pay to which the member was entitled was the highest, divided by
(B) 36.
(2) **Special rule for short-term disability retirees.—** — In the case of a member who is entitled to retired pay under section 1201 or 1202 of this title and who has completed less than 36 months of active service, the member’s high-three average (notwithstanding paragraph (1)) is the amount equal to—
(A) the total amount of basic pay to which the member was entitled during the period of the member’s active service, divided by
(B) the number of months (including any fraction thereof) of the member’s active service.
(3) **Special Rule for Reserve Component Members.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1407
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), an amount not to exceed the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under paragraph (2). Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.
(2) The maximum percentage allowable under this paragraph shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year:The maximum percentageallowable is: 200111 200212 200313 200414 200515 2006 or thereafter100.
(3) Notwithstanding any limitation under this subsection, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.
**(b)**
(1)
(A)
(i) The Executive Director shall prescribe regulations under which employees and Members may make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions.
(ii) An election to make contributions under this paragraph—
(I) may be made at any time;
(II) shall take effect on the earliest date after the election that is administratively feasible; and
(III) shall remain in effect until modified or terminated.
(B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amo
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8432
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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) Authority.—** The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects benefits under this section a monthly amount for the combat-related disability of the retiree determined under subsection (b).
**(b) Amount.—**
(1) **Determination of monthly amount.—** — Subject to paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability.
(2) **Maximum amount.—** — The amount paid to an eligible combat-related disabled uniformed services retiree for any month under paragraph (1) may not exceed the amount of the reduction in retired pay that is applicable to the retiree for that month under sections 5304 and 5305 of title 38.
(3) **Special rules for chapter 61 disability retirees.—**
(A) *General rule.—* — In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
(B) *Special rule for retirees with fewer than 20 years of service.—* — In the case of an eligible combat-related disabled unifor
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1413a
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 3, 1948, ch. 390, § 16, 62 Stat. 299; Oct. 12, 1949, ch. 681, title V, § 531(b)(41), 63 Stat. 840; Pub. L. 85–422, § 11(c), May 20, 1958, 72 Stat. 132; Pub. L. 87–649, § 9(b)(2), Sept. 7, 1962, 76 Stat. 495; Pub. L. 96–342, title VIII, § 813(g), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 98–94, title IX, §§ 922(c), 923(e), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, § 206, July 1, 1986, 100 Stat. 701, related to computation of retirement pay. See [section 3045 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3045&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 853o
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Federal law — U.S. Code and appendices · legal_authorities
Page 940
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 3045
§ 3045. Computation of retired pay
(a) Officers first becoming members before Sep-
tember 8, 1980
Each officer on the retired list who first be-
came a member of a uniformed service before
September 8, 1980, shall receive retired pay at
the rate determined by multiplying—
(1) the retired pay base determined under
section 1406(g) of title 10; by
(2) the retired pay multiplier determined
under section 1409 of such title for the number
of years of service that may be credited to the
officer under section 1405 of such title as if the
officer’s service were service as a member of
the Armed Forces.
The retired pay so computed may not exceed 75
percent of the retired pay base.
(b) Officers first becoming members on or after
September 8, 1980
Each officer on the retired list who first be-
came a member of a uniformed service on or
after September 8, 1980, shall receive retired pay
at the rate determined by multiplying—
(1) the retired pay base determined under
section 1407 of title 10; by
(2) the retired pay multiplier determined
under section 1409 of such title for the number
of years of service that may be credited to the
officer under section 1405 of such title as if the
officer’s service were service as a member of
the Armed Forces.
(c) Treatment of full and fractional parts of
months in computing years of service
(1) In general
In computing the number of years of service
of an officer for the purposes of subsection
(a)—
(A) each full month of service that is in
addition to the number of full years of serv-
ice creditable to the officer shall be credited
as 1⁄12 of a year; and
(B) any remaining fractional part of a
month shall be disregarded.
(2) Rounding
Retired pay computed under th
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 3045
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