10 U.S.C. § 7345 — Restoration to former grade: retired war-

Page 3034 TITLE 10—ARMED FORCES § 7344 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. § 7344. Higher grade after 30 years of service: warrant officers and enlisted members (a) Each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his ac- tive 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 ac- tive duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as de- termined by the Secretary of the Army. (b) This section applies to— (1) warrant officers of the Army; (2) enlisted members of the Regular Army; and (3) reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty). (Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3964; Pub. L. 85–861, § 1(100), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 98–525, title V, § 533(c), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 100–180, div. A, title V, § 512(a), Dec. 4, 1987, 101 Stat. 1089; renumbered § 7344, Pub. L. 115–232, div. A, title VIII, § 808(b)(13), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3964 ......... 10:594 (1st proviso, less last 39 words; and last proviso). 10:1004 (less 30 words be- fore proviso). Aug. 21, 1941, ch. 384, § 5 (1st proviso, less last 39 words; and last pro- viso); restated June 29, 1948, ch. 708, § 203(c) (1st proviso, less last 39 words; and last pro- viso), 62 Stat. 1085; May 29, 1954, ch. 249, § 19(f), 68 Stat. 167. June 29, 1948, ch. 708, § 203(e) (less 30 words before proviso), 62 Stat. 1086. The words ‘‘when his active service plus his service on the retired list totals 30 years’’ are substituted for the words ‘‘upon the completion of thirty years’ [years of] service, to include the sum of his active service and his service on the retired list’’, in 10:594 and 1004. The words ‘‘under any provision of law’’, in 10:594 and 1004; ‘‘officer, flight officer, or warrant officer’’, in 10:594; and ‘‘commissioned, warrant, or enlisted’’, in 10:1004; are omitted as surplusage. 10:594 (last proviso) and 1004 (proviso) are omitted as superseded by section 1372 of this title. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3964 ......... 10 App.:1004. May 31, 1956, ch. 348, § 1, 70 Stat. 222. Editorial Notes PRIOR PROVISIONS A prior section 7344, act Aug. 10, 1956, ch. 1041, 70A Stat. 454, related to suspension of naval aircraft con- struction in case of treaty for limitation of naval arma- ment, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3964 of this title as this section. 1987—Pub. L. 100–180 substituted ‘‘warrant officers and enlisted members’’ for ‘‘Army warrant officers; reg- ular enlisted members’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘Each warrant officer of the Army, and each enlisted member of the Regular Army, who is retired before or after this title is enacted 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 high- est grade in which he served on active duty satisfac- torily, as determined by the Secretary of the Army.’’ 1984—Pub. L. 98–525 substituted ‘‘highest grade’’ for ‘‘highest temporary grade’’. 1958—Pub. L. 85–861 struck out ‘‘, after September 8, 1940 and before July 1, 1946’’ after ‘‘Secretary of the Army’’. 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 1987 AMENDMENT Pub. L. 100–180, div. A, title V, § 512(f), Dec. 4, 1987, 101 Stat. 1091, provided that: ‘‘The amendments made by subsections (a) and (c) [amending this section and sec- tion 8964 of this title] shall apply to any reserve en- listed member who completes 30 years of service in the Armed Forces before, on, or after the date of the enact- ment of this Act [Dec. 4, 1987]. No person may be paid retired pay at a higher rate by reason of the enactment of this Act [Pub. L. 100–180, see Tables for classifica- tion] for any period before the date of the enactment of this Act.’’ § 7345. Restoration to former grade: retired war- rant officers and enlisted members Each retired warrant officer or enlisted mem- ber of the Army who has been advanced on the retired list to a higher commissioned grade under section 7344 of this title, and who applies to the Secretary of the Army within three months after his advancement, shall, if the Sec- retary approves, be restored on the retired list to his former warrant officer or enlisted status, as the case may be. (Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3965; Pub. L. 100–180, div. A, title V, § 512(d)(1), Dec. 4, 1987, 101 Stat. 1090; Pub. L. 100–456, div. A, title XII, § 1233(i)(1)(A), Sept. 29, 1988, 102 Stat. 2058; re- numbered § 7345 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3965 ......... 10:1006. June 29, 1948, ch. 708, § 204, 62 Stat. 1086. Page 3035 TITLE 10—ARMED FORCES § 7361 The words ‘‘hereafter’’, ‘‘rank or’’, and ‘‘shall there- after be deemed to be enlisted or warrant officer per- sonnel, as appropriate, for all purposes’’ are omitted as surplusage. The words ‘‘three months from June 29, 1948’’ and ‘‘whichever is later’’ are omitted as executed. Editorial Notes PRIOR PROVISIONS A prior section 7345, added Pub. L. 101–189, div. A, title I, § 153(a)(1), Nov. 29, 1989, 103 Stat. 1387, related to submission of annual reports to Armed Services and Appropriations Committees of Senate and House of Representatives addressing aircraft requirements of the Navy, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(9), Nov. 30, 1993, 107 Stat. 1708. AMENDMENTS 2018—Pub. L. 115–232, § 809(a), substituted ‘‘section 7344’’ for ‘‘section 3964’’. Pub. L. 115–232, § 808(b)(13), renumbered section 3965 of this title as this section. 1988—Pub. L. 100–456 substituted ‘‘retired’’ for ‘‘reg- ular’’ in section catchline. 1987—Pub. L. 100–180 struck out ‘‘Regular’’ before ‘‘Army who’’. 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. § 7346. Retired lists (a) The Secretary of the Army shall maintain a retired list containing the name of each re- tired commissioned officer of the Regular Army. (b) The Secretary shall maintain a retired list containing the name of— (1) each person entitled to retired pay under any law providing retired pay for commis- sioned officers of the Army, other than of the Regular Army; and (2) each retired warrant officer or enlisted member of the Army who is advanced to a commissioned grade. (c) The Secretary shall maintain a retired list containing the name of each retired warrant of- ficer of the Army. (d) The Secretary shall maintain a retired list containing the name of each retired enlisted member of the Regular Army. (Aug. 10, 1956, ch. 1041, 70A Stat. 231, § 3966; Pub. L. 85–861, § 1(101), Sept. 2, 1958, 72 Stat. 1489; Pub. L. 100–180, div. A, title V, § 512(d)(1), Dec. 4, 1987, 101 Stat. 1090; renumbered § 7346, Pub. L. 115–232, div. A, title VIII, § 808(b)(13), Aug. 13, 2018, 132 Stat. 1839.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3966(a) ..... 3966(b) ..... 3966(c) ..... 10:1001. 10:1036. [No source]. June 29, 1948, ch. 708, §§ 201, 301(a), 62 Stat. 1084, 1087. 3966(d) ..... [No source]. In subsections (a), (b), (c) and (d), the word ‘‘main- tain’’ is substituted for the word ‘‘establish’’, since the lists have been established and are published annually. In subsection (a), the words ‘‘Effective upon June 29, 1948’’ are omitted as executed. 10:1001 (last 12 words of 1st sentence, and last sentence) is omitted as no longer required, since, upon enactment of this title laws refer- ring to the limited or unlimited retired list will be ex- pressly repealed. Subsection (b)(1) is substituted for the words ‘‘all commissioned officers and former commissioned offi- cers of the Army of the United States * * * other than those of the Regular Army * * * heretofore or hereafter granted retirement pay under sections 456, 456a, and 1036a of this title, or any law hereafter enacted to pro- vide retirement pay for commissioned officers other than those of the Regular Army’’. In subsection (b)(2), the words ‘‘who is advanced to a commissioned grade’’ are substituted for the words ‘‘heretofore or hereafter retired under any provision of law who, by reason of service in temporary commis- sioned grades in the Army of the United States * * * or in any of the respective components thereof, are enti- tled to be retired with commissioned rank or grade’’. Subsections (c) and (d) are inserted, since sections 3964 and 3965 of this title refer to service on the retired list as a warrant officer or enlisted member. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3966(a) ..... 3966(b) ..... 10 App.:1001. 10 App.:1036. July 24, 1956, ch. 677, § 2(f), (g), 70 Stat. 623. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3966 of this title as this section. 1987—Subsec. (b)(2). Pub. L. 100–180 struck out ‘‘Reg- ular’’ before ‘‘Army’’. 1958—Pub. L. 85–861 struck out provisions in subsecs. (a) and (b) which required annual publication in the of- ficial Army Register of the retired list. 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. CHAPTER 745—COMPUTATION OF RETIRED PAY Sec. 7361. Computation of retired pay. 7362. Recomputation of retired pay to reflect ad- vancement on retired list. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(B), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 371 of this title as this chapter and items 3991 and 3992 as 7361 and 7362, respectively. § 7361. Computation of retired pay (a) COMPUTATION.— (1) FORMULA.—The monthly retired pay of a member entitled to such pay under this sub- title is computed by multiplying— (A) the member’s retired pay base (as com- puted under section 1406(c) or 1407 of this title), by (B) the retired pay multiplier prescribed in section 1409 of this title for the number of