33 U.S.C. § 3045 — Computation of retired pay

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 this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1. (Pub. L. 107–372, title II, § 245, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 114–92, div. A, title VI, § 631(c)(3), Nov. 25, 2015, 129 Stat. 844.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853o of this title prior to repeal by Pub. L. 107–372. AMENDMENTS 2015—Subsec. (a)(2). Pub. L. 114–92 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘21⁄2 percent of 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT; IMPLEMENTATION Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees. § 3046. Retired grade and retired pay Each officer retired pursuant to law shall be placed on the retired list with the highest grade satisfactorily held by that officer while on ac- tive duty including active duty pursuant to re- call, under permanent or temporary appoint- ment, and shall receive retired pay based on such highest grade, if— (1) the officer’s performance of duty in such highest grade has been satisfactory, as deter- mined by the Secretary of the department or departments under whose jurisdiction the offi- cer served; and (2) unless retired for disability, the officer’s length of service in such highest grade is no less than that required by the Secretary of of- ficers retiring under permanent appointment in that grade. (Pub. L. 107–372, title II, § 246, Dec. 19, 2002, 116 Stat. 3090.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 853p and 857–2 of this title prior to re- peal by Pub. L. 107–372. § 3047. Retired rank and pay held pursuant to other laws unaffected Nothing in this subchapter shall prevent an of- ficer from being placed on the retired list with the highest rank and with the highest retired pay to which the officer is entitled under any other provision of law. (Pub. L. 107–372, title II, § 247, Dec. 19, 2002, 116 Stat. 3090.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 853q of this title prior to repeal by Pub. L. 107–372. § 3048. Continuation on active duty; deferral of retirement The provisions of subchapter IV of chapter 36 of title 10 relating to continuation on active duty and deferral of retirement shall apply to commissioned officers of the Administration. (Pub. L. 107–372, title II, § 248, Dec. 19, 2002, 116 Stat. 3090.) § 3049. Recall to active duty The provisions of chapter 39 of title 10 relating to recall of retired officers to active duty, in- cluding the limitations on such recalls, shall apply to commissioned officers of the Adminis- tration. (Pub. L. 107–372, title II, § 249, Dec. 19, 2002, 116 Stat. 3090.)