10 U.S.C. § 9362 — Recomputation of retired pay to reflect

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. 96–342, title VIII, § 813(e), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 96–513, title V, § 514(8), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 97–295, § 1(52), Oct. 12, 1982, 96 Stat. 1300; Pub. L. 98–94, title IX, §§ 922(a)(13), 923(a)(1), (2)(I), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, § 204(b), July 1, 1986, 100 Stat. 698; Pub. L. 103–337, div. A, title VI, § 635(c)(3), Oct. 5, 1994, 108 Stat. 2789; renumbered § 9362 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1833, 1840; Pub. L. 116–283, div. A, title IX, § 923(c)(22), Jan. 1, 2021, 134 Stat. 3813.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8992 ......... 10:594 (last 39 words of 1st proviso). 10:1004 (30 words before proviso). Aug. 21, 1941, ch. 384, § 5 (last 39 words of 1st proviso); restated June 29, 1948, ch. 708, § 203(c) (last 39 words of 1st proviso), 62 Stat. 1085; May 29, 1954, ch. 249, § 19(f), 68 Stat. 167. June 29, 1948, ch. 708, § 203(e) (30 words before proviso), 62 Stat. 1086. The words ‘‘basic pay * * * as the case may be’’ are inserted to conform to the terminology of the Career Compensation Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The words ‘‘at the rate prescribed by law for his length of service’’, in 10:1004, are omitted as covered by the words ‘‘base and longevity pay’’. The words ‘‘base and longevity pay’’ are retained to cover the cases of members retired before the enactment of the Career Compensation Act of 1949, and advanced on the retired list after the enactment of that act. The words ‘‘and disregard a part of a year that is less than six months’’ are inserted to conform to footnote 4 of section 8991 of this title. 1982 ACT This amends 10:8992 to correct an inadvertent error in the codification of title 10 in 1956 relating to retirement pay of warrant officers advanced on the retired list. For further details, see the explanation for amendment of 10:1405 made by section 1(17). Editorial Notes PRIOR PROVISIONS A prior section 9362 was renumbered section 9462 of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. 2018—Pub. L. 115–232, § 806(b)(15), renumbered section 8992 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 9344’’ for ‘‘section 8964’’. 1994—Pub. L. 103–337 amended section generally. Prior to amendment, section contained table with two for- mulas for recomputing retired pay of enlisted members and warrant officers of Air Force to reflect advance- ment on retired list. 1986—Pub. L. 99–348 revised table generally by strik- ing out provision in column 1 that for a person who first became a member of a uniformed service, as de- fined in section 1407(a)(2), after Sept. 7, 1980, one multi- plier is the monthly retired pay base as computed under section 1407(e), substituting in formulas A and B provision that the retired pay base as computed under section 1406(e) or 1407 of this title be multiplied by the retired pay multiplier prescribed in section 1409 of this title for the number of years credited for provisions that the monthly basic pay or base and longevity pay, as the case may be, subject to footnote 1, of the grade to which the member is advanced on the retired list be multiplied by 21⁄2% of years of service credited, subject to footnote 2, and have subtracted from it the excess over 75% of pay upon which the computation is based, struck out footnote 1, which provided that the com- putation be at the rate applicable on the date of retire- ment, and redesignated footnote 2 as 1 and substituted ‘‘In determining retired pay multiplier’’ for ‘‘Before ap- plying percentage factor’’ and ‘‘1/12’’ for ‘‘one-twelfth’’. 1983—Pub. L. 98–94, § 923(a)(1), (2)(I), in footnote 2 to table, substituted ‘‘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 re- maining fractional part of a month’’ for ‘‘Before apply- ing percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months’’. Pub. L. 98–94, § 922(a)(13), inserted ‘‘The amount re- computed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.’’ 1982—Pub. L. 97–295 inserted ‘‘enlisted’’ before ‘‘mem- ber of the Air Force’’ and formula B relating to war- rant officers. 1980—Pub. L. 96–513 in heading for column 1 of table substituted ‘‘after September 7, 1980’’ for ‘‘on or after the date of the enactment of the Department of Defense Authorization Act, 1981’’. Pub. L. 96–342 in heading for column 1 of table in- serted provisions respecting applicability to persons Page 3501 TITLE 10—ARMED FORCES § 9375 after date of enactment of Department of Defense Au- thorization Act, 1981. 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 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 OF 1983 AMENDMENT Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title. Amendment by section 923 of Pub. L. 98–94 applicable with respect to (1) the computation of retired or re- tainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, and (2) the recomputation of retired pay under this section, of any individual who after Sept. 30, 1983, becomes entitled to recompute re- tired pay under this section, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. CHAPTER 947—CIVILIAN EMPLOYEES Sec. 9371. Air University and Space Delta 13: civilian faculty members. 9375. Production of supplies and munitions: hours and pay of laborers and mechanics. 9377. Civilian special agents of the Office of Special Investigations: authority to execute war- rants and make arrests. Editorial Notes PRIOR PROVISIONS A prior chapter 947, consisting of repealed sections 9741 to 9748, related to transportation, prior to renum- bering as chapter 977 of this title. AMENDMENTS 2023—Pub. L. 118–31, div. A, title XI, § 1117(b), Dec. 22, 2023, 137 Stat. 433, added item 9371 and struck out former item 9371 ‘‘Air University: civilian faculty mem- bers’’. 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(3)(B)(ii), (e)(1), Aug. 13, 2018, 132 Stat. 1833, re- designated chapter 873 of this title as this chapter and items 9021, 9025, and 9027 as 9371, 9375, and 9377, respec- tively. 2000—Pub. L. 106–398, § 1 [[div. A], title V, § 554(c)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–127, added item 9027. 1989—Pub. L. 101–189, div. A, title XI, § 1124(d)(2), Nov. 29, 1989, 103 Stat. 1560, added item 9021. 1983—Pub. L. 98–94, title IX, § 932(c)(2), Sept. 24, 1983, 97 Stat. 650, struck out item 9022 ‘‘Contract surgeons’’. 1962—Pub. L. 87–651, title I, § 128(2), Sept. 7, 1962, 76 Stat. 514, struck out item 9023 ‘‘Service club and li- brary services’’. 1958—Pub. L. 85–861, § 1(200), Sept. 2, 1958, 72 Stat. 1541, struck out item 9021 ‘‘Appointment: professional and scientific services’’. § 9371. Air University and Space Delta 13: civil- ian faculty members (a) AUTHORITY OF SECRETARY.—The Secretary of the Air Force may employ as many civilians as professors, instructors, and lecturers at a school of the Air University or of the Space Delta 13 as the Secretary considers necessary. (b) COMPENSATION OF FACULTY MEMBERS.—The compensation of persons employed under this section shall be as prescribed by the Secretary. (c) APPLICATION TO CERTAIN FACULTY MEM- BERS.—(1) Except as provided in paragraph (2), this section shall apply with respect to persons who are selected by the Secretary for employ- ment as professors, instructors, and lecturers at a school of the Air University or of the Space Delta 13 after February 27, 1990. (2) This section shall not apply with respect to professors, instructors, and lecturers employed at a school of the Air University or of the Space Delta 13 if the duration of the principal course of instruction offered at that school is less than 10 months. (Added Pub. L. 101–189, div. A, title XI, § 1124(d)(1), Nov. 29, 1989, 103 Stat. 1559, § 9021; amended Pub. L. 103–337, div. A, title X, § 1070(a)(17), Oct. 5, 1994, 108 Stat. 2856; renum- bered § 9371, Pub. L. 115–232, div. A, title VIII, § 806(b)(16), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 118–31, div. A, title XI, § 1117(a), Dec. 22, 2023, 137 Stat. 433.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, § 1117(a)(1), inserted ‘‘and Space Delta 13’’ after ‘‘Air University’’ in section catchline. Subsec. (a). Pub. L. 118–31, § 1117(a)(2), inserted ‘‘or of the Space Delta 13’’ after ‘‘Air University’’. Subsec. (c)(1). Pub. L. 118–31, § 1117(a)(3)(A), inserted ‘‘or of the Space Delta 13’’ after ‘‘Air University’’. Subsec. (c)(2). Pub. L. 118–31, § 1117(a)(3)(B), inserted ‘‘or of the Space Delta 13’’ after ‘‘Air University’’. 2018—Pub. L. 115–232 renumbered section 9021 of this title as this section. 1994—Subsec. (c)(1). Pub. L. 103–337 substituted ‘‘after February 27, 1990’’ for ‘‘after the end of the 90-day pe- riod beginning on 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. § 9375. Production of supplies and munitions: hours and pay of laborers and mechanics During a national emergency declared by the President, the regular working hours of laborers and mechanics of the Department of the Air Force producing military supplies or munitions are 8 hours a day or 40 hours a week. However, under regulations prescribed by the Secretary of the Air Force these hours may be exceeded.