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10 U.S.C. § 9361 — Computation of retired pay

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

10 U.S.C. § 9361 — Computation of retired pay

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Source file: Laws/federal/codes/united-states-code/title-10/section-9361-computation-of-retired-pay--09b2dcb0c9.md
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Source location: Title 10, Chapter 945, § 9361; chapter-945-computation-of-retired-pay.md

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**(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(e) 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 9314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9314&num=0&edition=prelim) has been credited by the Secretary of the Air Force 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-title10-section1401&num=0&edition=prelim), he is entitled to be paid under the applicable formula that is most favorable to him. (2) **Rounding to next lower dollar.—** — The amount computed under subsection (a), if not a multiple of $1, shall be rounded to the next lower multiple of $1. **(c) Special Rule for Retired Reserve Enlisted Members Covered by Section 9343.—** In the case of a Reserve enlisted member retired under [section 9314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9314&num=0&edition=prelim) whose retired grade is determined under [section 9343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9343&num=0&edition=prelim) and who first became a member of a uniformed service before September 8, 1980, the retired 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 member’s retired grade (determined based upon the rates of basic pay applicable on the date of the member’s retirement), and that amount shall be used for the purposes of subsection (a)(1)(A) rather than the amount computed under [section 1406(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1406/e&num=0&edition=prelim).

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

10 U.S.C. § 9314 — Twenty to thirty years: enlisted members

Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Air Force or the Space Force who has at least 20, but less than 30, years of service computed under [section 9325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9325&num=0&edition=prelim) may, upon his request, be retired.

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

10 U.S.C. § 7361 — Computation of retired pay

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

10 U.S.C. § 12731 — Age and service requirements

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12731

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

10 U.S.C. § 1409 — Retired pay multiplier

**(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

10 U.S.C. § 9461 — Policy on sexual harassment and sexual violence

**(a) Required Policy.—** Under guidance prescribed by the Secretary of Defense, the Secretary of the Air Force shall direct the Superintendent of the Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy. **(b) Matters to Be Specified in Policy.—** The policy on sexual harassment and sexual violence prescribed under this section shall include specification of the following: (1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel. (2) Procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including— (A) if the cadet chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and the options for confidential reporting; (B) a specification of any other person whom the victim should contact; and (C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. (3) Procedures for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel. (4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible. (5) Required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel. **(c) Annual A

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9461

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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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37 U.S.C. § 201 — Pay grades: assignment to; general rules

**(a)** For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades: Pay gradeArmy, Air Force, Marine Corps, and Space ForceNavy, Coast Guard, andNational Oceanic and Atmospheric AdministrationPublic Health Service O–10GeneralAdmiralAssistant Secretary for Health. O–9Lieutenant generalVice admiralSurgeon General. O–8Major generalRear admiralDeputy Surgeon General.Assistant Surgeon General having rank of major general. O–7Brigadier generalRear admiral (lower half)Assistant Surgeon General having rank of brigadier general. O–6ColonelCaptainDirector grade. O–5Lieutenant colonelCommanderSenior grade. O–4MajorLieutenant commanderFull grade. O–3CaptainLieutenantSenior assistant grade. O–21st lieutenantLieutenant (junior grade)Assistant grade. O–12d lieutenantEnsignJunior assistant grade. **(b)** For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades: Pay Grade:Warrant Officer Grade: W–5 Chief Warrant Officer, W–5. W–4 Chief Warrant Officer, W–4. W–3 Chief Warrant Officer, W–3. W–2 Chief Warrant Officer, W–2. W–1 Warrant Officer, W–1. **(c)** Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E–4. **(d)** Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5. **(e)** Except as provided by s

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 201

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37 U.S.C. § 203 — Rates

**(a)** (1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with [section 1009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1009&num=0&edition=prelim) or as otherwise prescribed by law. (2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule. **(b)** While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim) is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay. **(c)** A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 203

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