10 U.S.C. § 8334 — Higher grade after 30 years of service:

Page 3238 TITLE 10—ARMED FORCES § 8334 1996—Subsec. (a). Pub. L. 104–106 struck out first pe- riod after ‘‘section 1405’’ in Formula C under Column 2 in table. Subsec. (c). Pub. L. 104–201 added subsec. (c). 1994—Subsec. (a). Pub. L. 103–337 substituted ‘‘the years of service that may be credited to him under sec- tion 1405.’’ for ‘‘his years of active service in the armed forces’’ in Formula C under Column 2 in table. 1986—Pub. L. 99–348 amended section generally, desig- nating existing provision as subsec. (b)(1), substituting ‘‘under this section’’ for ‘‘under this chapter’’, and add- ing subsecs. (a) and (b)(2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–181 effective as of Jan. 1, 2007, and applicable with respect to retired pay and re- tainer pay payable on or after that date, see section 646(c) of Pub. L. 110–181, set out as a note under section 1402 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 applicable to computa- tion of retired pay of any enlisted member who retires on or after Oct. 5, 1994, to computation of retainer pay of any enlisted member who is transferred to Fleet Re- serve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any en- listed member who is advanced on retired list on or after Oct. 5, 1994, see section 635(e) of Pub. L. 103–337, set out as a note under section 1405 of this title. EFFECTIVE DATE Section effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as an Effective Date of 1983 Amend- ment note under section 1401 of this title. § 8334. Higher grade after 30 years of service: warrant officers and enlisted members (a) Each member of the naval service covered by subsection (b) who, after December 4, 1987, is retired with less than 30 years of active service or is transferred to the Fleet Reserve or Fleet Marine Corps Reserve is entitled, when his ac- tive service plus his service on the retired list or his service in the Fleet Reserve or the Fleet Ma- rine Corps Reserve totals 30 years, to be ad- vanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Navy. (b) This section applies to— (1) warrant officers of the naval service; (2) enlisted members of the Regular Navy and Regular Marine Corps; and (3) reserve enlisted members of the Navy and Marine Corps who, at the time of retirement or transfer to the Fleet Reserve or Fleet Ma- rine Corps Reserve, are serving on active duty. (c) An enlisted member of the naval service who is advanced on the retired list under this section is entitled to recompute his retired or retainer pay under formula A of the following table, and a warrant officer of the naval service so advanced is entitled to recompute his retired pay under formula B of that table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1. Formula Column 1 Take Column 2 Multiply by A Retired pay base as com- puted under section 1406(d) or 1407 of this title. The retired pay multi- plier prescribed in sec- tion 1409 of this title for the number of years creditable for his re- tainer or retired pay at the time of retire- ment.1 B Retired pay base as com- puted under section 1406(d) of this title. The retired pay multi- plier prescribed in sec- tion 1409 of this title for the number of years credited to him under section 1405 of this title. 1 In determining the retired pay multiplier, credit each full month of service that is in addition to the number of full years of service creditable to the member as 1⁄12 of a year and disregard any remaining fractional part of a month. (Added Pub. L. 100–180, div. A, title V, § 512(b), Dec. 4, 1987, 101 Stat. 1089, § 6334; amended Pub. L. 101–189, div. A, title XVI, § 1622(g), Nov. 29, 1989, 103 Stat. 1605; renumbered § 8334, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6334 of this title as this section. 1989—Subsec. (a). Pub. L. 101–189 substituted ‘‘Decem- ber 4, 1987’’ for ‘‘the date of the enactment of this sec- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8335. Restoration to former grade: warrant offi- cers and enlisted members Each retired warrant officer or enlisted mem- ber of the naval service who has been advanced on the retired list to a higher commissioned grade under section 8334 of this title, and who applies to the Secretary of the Navy within three months after his advancement, shall, if the Secretary approves, be restored on the re- tired list to his former warrant officer or en- listed status, as the case may be. (Added Pub. L. 100–180, div. A, title V, § 512(b), Dec. 4, 1987, 101 Stat. 1090, § 6335; renumbered § 8335 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6335 of this title as this section and substituted ‘‘section 8334’’ for ‘‘section 6334’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800