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10 U.S.C. § 1407 — Retired pay base for members who first became members after September 7, 1980: high-36 month average
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.
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Source file: Laws/federal/codes/united-states-code/title-10/section-1407-retired-pay-base-for-members-who-first-became-members-after-september-7--3d1a27394c.md
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Source location: Title 10, Chapter 71, § 1407; chapter-071-computation-of-retired-pay.md
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**(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.—** — In the case of a member of a reserve component who is entitled to retired pay under section 1201 or 1202 of this title, the member’s high-three average (notwithstanding paragraphs (1) and (2)) is computed in the same manner as prescribed in paragraphs (2) and (3) of subsection (d) for a member entitled to retired pay under section 1204 or 1205 of this title.
**(d) Computation of High-Three Average for Members and Former Members Entitled to Retired Pay for Nonregular Service.—**
(1) **Retired pay under chapter 1223.—** — The high-three average of a member or former member 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) is the amount equal to—
(A) the total amount of monthly basic pay to which the member or former member was entitled during the member or former member’s high-36 months (or to which the member or former member would have been entitled if the member or former member had served on active duty during the entire period of the member or former member’s high-36 months), divided by
(B) 36.
(2) **Nonregular service disability retired pay.—** — The high-three average of a member entitled to retired pay under section 1204 or 1205 of this title is the amount equal to—
(A) the total amount of monthly basic pay to which the member was entitled during the member’s high-36 months (or to which the member would have been entitled if the member had served on active duty during the entire period of the member’s high-36 months), divided by
(B) 36.
(3) **Special rule for short-term disability retirees.—** — In the case of a member who is entitled to retired pay under section 1204 or 1205 of this title and who was a member for less than 36 months before being retired under that section, the member’s high-three average (notwithstanding paragraph (2)) is the amount equal to—
(A) the total amount of basic pay to which the member was entitled during the entire period the member was a member of a uniformed service before being so retired (or to which the member would have been entitled if the member had served on active duty during the entire period the member was a member of a uniformed service before being so retired), divided by
(B) the number of months (including any fraction thereof) which the member was a member before being so retired.
(4) **High-36 months.—** — The high-36 months of a member or former member whose retired pay is covered by paragraph (1) or (2) are the 36 months (whether or not consecutive) out of all the months before the member or former member became entitled to retired pay or, in the case of a member or former member 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), before the member or former member completes the service required under such section 12741(a), for which the monthly basic pay to which the member or former member was entitled (or would have been entitled if serving on active duty during those months) was the highest. In the case of a former member, only months during which the former member was a member of a uniformed service may be used for purposes of the preceding sentence.
**(e) Limitation for Enlisted Members Retiring With Less Than 30 Years’ Service.—** In the case of a member who is retired under section 7314 or 9314 of this title or who is transferred to the Fleet Reserve or 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 member’s high-36 average shall be computed using only rates of basic pay applicable to months of active duty of the member as an enlisted member.
**(f) Exception for Enlisted Members Reduced in Grade and Officers Who Do Not Serve Satisfactorily in Highest Grade Held.—**
(1) **Computation based on pre-high-three rules.—** — In the case of a member or former member described in paragraph (2), the retired pay base or retainer pay base is determined under [section 1406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1406&num=0&edition=prelim) in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980.
(2) **Affected members.—** — A member or former member referred to in paragraph (1) is a member or former member who by reason of conduct occurring after October 30, 2000—
(A) in the case of a member retired in an enlisted grade or transferred to the Fleet Reserve or Fleet Marine Corps Reserve, was at any time reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or an administrative action, unless the member was subsequently promoted to a higher enlisted grade or appointed to a commissioned or warrant grade; and
(B) in the case of an officer, is retired in a grade lower than the highest grade in which served pursuant to section 1370 or 1370a of this title that the officer served on active duty satisfactorily in that grade.
(3) **Special rule for enlisted members.—** — In the case of a member who retires within three years after having been reduced in grade as described in paragraph (2)(A), who retires in an enlisted grade that is lower than the grade from which reduced, and who would be subject to paragraph (1) but for a subsequent promotion to a higher enlisted grade or a subsequent appointment to a warrant or commissioned grade, the rates of basic pay used in the computation of the member’s high-36 average for the period of the member’s service in a grade higher than the grade in which retired shall be the rates of pay that would apply if the member had been serving for that period in the grade in which retired.
(4) **Special rule for officers who served in grade o–9 or o–10 and retired in grade o–8.—** — In the case of an officer who served in the temporary grade of O–9 or O–10 and received a conditional or final retirement in the permanent grade of O–8 pursuant to section 1370 or 1370a of this title, the retired pay base or retainer pay shall be the lower of—
(A) the amount determined under subsection (c) or (d), as applicable; or
(B) the amount determined under [section 1406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1406&num=0&edition=prelim), as if the officer first became a member of a uniformed service before September 8, 1980.
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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
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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8330
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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) 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
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Recomputation To Reflect Increases in Basic Pay.—** Unless otherwise specifically provided by law, the retired pay of a member or former member of an armed force may not be recomputed to reflect any increase in the rates of basic pay for members of the armed forces.
**(b) Cost-of-Living Adjustments Based on CPI Increases.—**
(1) **Increase required.—** — Effective on December 1 of each year, the Secretary of Defense shall increase the retired pay of members and former members entitled to that pay in accordance with paragraphs (2) and (3).
(2) **Percentage increase.—** — Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member by the percent (adjusted to the nearest one-tenth of 1 percent) by which—
(A) the price index for the base quarter of that year, exceeds
(B) the base index.
(3) **Reduced percentage for certain post-august 1, 1986 members.—** — If the percent determined under paragraph (2) is greater than 1 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, and 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), by the difference between—
(A) the percent determined under paragraph (2); and
(B) 1 percent.
(4) **Special rule for paragraph (3).—** — If in any case in which an increase in retired pay that would otherwise be made under paragraph (3) is not made by reason of law (other than any provision of this section), then (unless otherwise provided
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1401a
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Federal law — U.S. Code and appendices · legal_authorities
An enlisted member voluntarily or involuntarily retired after twenty years of service who was cited for extraordinary heroism in the line of duty shall be entitled to an increase in retired pay. The retired pay shall be increased by 10 percent of—
(1) the active-duty pay and permanent additions thereto of the grade or rating with which retired when the member’s retired pay is computed under [section 2504(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2504/a&num=0&edition=prelim); or
(2) the member’s retired pay base under [section 1407 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1407&num=0&edition=prelim), when a member’s retired pay is computed under [section 2504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2504/b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2307
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2504
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be entitled under the provisions of any other section of this title or under any other law.
**(b)** In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active-duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the member’s pay is computed, or (2) 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), as appropriate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2505
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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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