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10 U.S.C. § 9362 — Recomputation of retired pay to reflect advancement on retired list
Federal law — U.S. Code and appendices · legal_authorities
**(a) Entitlement to Recomputation.—** An enlisted member or warrant officer of the Air Force or the Space Force who is advanced on the retired list under [section 9344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9344&num=0&edition=prelim) is entitled to recompute his retired pay in accordance with this section.
**(b) Formula.—** The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying—
(1) the member’s retired pay base (as computed under section 1406(e) or 1407 of this title), by
(2) 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).
**(c) Rounding to Next Lower Dollar.—** The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.
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Source file: Laws/federal/codes/united-states-code/title-10/section-9362-recomputation-of-retired-pay-to-reflect-advancement-on-retired-list--6052c46d2a.md
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Source location: Title 10, Chapter 945, § 9362; chapter-945-computation-of-retired-pay.md
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**(a) Entitlement to Recomputation.—** An enlisted member or warrant officer of the Air Force or the Space Force who is advanced on the retired list under [section 9344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9344&num=0&edition=prelim) is entitled to recompute his retired pay in accordance with this section.
**(b) Formula.—** The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying—
(1) the member’s retired pay base (as computed under section 1406(e) or 1407 of this title), by
(2) 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).
**(c) Rounding to Next Lower Dollar.—** The amount computed under subsection (b), 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) Corporation for Support Authorized.—**
(1) The Secretary of the Air Force may, in accordance with the laws of the State of incorporation, establish a corporation (in this section referred to as the “corporation”) to support the athletic programs of the Academy. All stock of the corporation shall be owned by the United States and held in the name of and voted by the Secretary of the Air Force.
(2) The corporation shall operate exclusively for charitable, educational, and civic purposes to support the athletic programs of the Academy.
**(b) Corporate Organization.—** The corporation shall be organized and operated—
(1) as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986;
(2) in accordance with this section; and
(3) pursuant to the laws of the State of incorporation, its articles of incorporation, and its bylaws.
**(c) Corporate Board of Directors.—**
(1) The members of the board of directors of the corporation shall serve without compensation as members of the board, except for reasonable travel and other related expenses for attendance at meetings of the board.
(2) The Secretary of the Air Force may authorize military and civilian personnel of the Department of the Air Force under [section 1033 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1033&num=0&edition=prelim) to serve, in their official capacities, as members of the board of directors of the corporation, but such personnel shall not hold more than one-third of the directorships.
**(d) Transfers From Nonappropriated Fund Operation.—** The Secretary of the Air Force may, subject to the acceptance of the corporation, transfer to the corporation all title to and ownership of the assets and liabilities of the Air Force nona
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9462
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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) 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
**(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
**(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
**(a)** Each retired member of the Air Force or the Space Force covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Air Force.
**(b)** This section applies to—
(1) warrant officers of the Air Force or the Space Force;
(2) enlisted members of the Regular Air Force or the Space Force; and
(3) reserve enlisted members of the Air Force or the Space Force who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time duty).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9344
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regular Officers.—**
(1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1).
(2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay.
(3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim).
(4) Notwithstanding paragraphs (1) and (2), an officer wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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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
Page 3500
TITLE 10—ARMED FORCES
§ 9362
section 201 of Title 37, Pay and Allowances of the Uni-
formed Services.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by section 6(6), (8) of Pub. L. 85–422 inap-
plicable to retired persons or to persons to whom re-
tired pay is granted before May 31, 1958, see section 6 of
Pub. L. 85–422, set out in part under section 3991 of this
title.
Amendment by Pub. L. 85–422 effective on June 1,
1958, see section 9 of Pub. L. 85–422, May 20, 1958, 72
Stat. 130.
COMPUTATION OF RETIRED PAY FOR CERTAIN ENLISTED
MEMBERS RETIRED PRIOR TO JUNE 1, 1958
Members retired prior to June 1, 1958, authorized to
include active service performed to the date of retire-
ment as creditable service in computation of basic pay
upon which retired pay is based, see Pub. L. 87–537, set
out as a note under section 7361 of this title.
§ 9362. Recomputation of retired pay to reflect
advancement on retired list
(a) ENTITLEMENT TO RECOMPUTATION.—An en-
listed member or warrant officer of the Air
Force or the Space Force who is advanced on the
retired list under section 9344 of this title is en-
titled to recompute his retired pay in accord-
ance with this section.
(b) FORMULA.—The monthly retired pay of a
member entitled to recompute that pay under
this section is computed by multiplying—
(1) the member’s retired pay base (as com-
puted under section 1406(e) or 1407 of this
title), by
(2) the retired pay multiplier prescribed in
section 1409 of this title for the number of
years credited to the member under section
1405 of this title.
(c) ROUNDING
TO NEXT LOWER DOLLAR.—The
amount computed under subsection (b), if not a
multiple of $1, shall be rounded to the next
lower multiple of $1.
(Aug. 10, 1956, ch. 1041, 70A Stat. 557, § 8992; Pub.
L.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 9362
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