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U.S. Code as of:
01/19/04
Section 1402a. Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980
(a) In General. - A member of an armed force -
(1) who first became a member of a uniformed service after
September 7, 1980;
(2) who has become entitled to retired pay or retainer pay; and
(3) who thereafter serves on active duty (other than for
training),
is entitled to recompute his retired pay or retainer pay upon
release from that duty according to the following table.
Column 1 Column 2
Take Multiply by
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Retired pay base or retainer The retired pay multiplier or
pay base under section 1407 retainer pay multiplier
which he would be entitled to prescribed in section 1409 for
use if - the sum of -
(1) he were retiring upon (1) the years of service that
release from that active duty; may be credited to him in
or computing retired pay or
retainer pay; and
(2) he were transferring to the (2) his years of active service
Fleet Reserve or Fleet Marine after becoming entitled to
Corps Reserve upon that release retired pay or retainer pay.
from active duty.
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(b) New Disability Incurred During Later Active Duty. - A member
of an armed force who first became a member of a uniformed service
after September 7, 1980, who has been retired other than for
physical disability and who while on active duty incurs a physical
disability of at least 30 percent for which he would otherwise be
eligible for retired pay under chapter 61 of this title, is
entitled, upon his release from active duty, to retired pay under
subsection (d).
(c) Additional or Aggravated Disability Incurred During Later
Active Duty. - A member of an armed force who first became a member
of a uniformed service after September 7, 1980, and who -
(1) was retired for physical disability under section 1201 or
1204 of this title or any other law or whose name is on the
temporary disability retired list;
(2) incurs, while on active duty after retirement or after his
name was placed on the temporary disability retired list, a
physical disability that is in addition to or that aggravates the
physical disability for which he was retired or for which his
name was placed on that list; and
(3) is qualified under section 1201, 1202, 1204, or 1205 of
this title;
is entitled, upon his release from active duty, to retired pay
under subsection (d).
(d) Computation for Later Disability. - A member of an armed
force covered by subsection (b) or (c) may elect to receive either
(1) the retired pay to which he became entitled when he retired,
increased by any applicable adjustments in that pay under section
1401a of this title after he initially became entitled to that pay,
or (2) retired pay computed according to the following table.
Column 1 - Take: The retired pay base computed under section
1407(b) of this title.
Column 2 - Multiply by: As member elects -
(1) 2(!1/2) percent of years of service credited under section
1208 of this title; (!1) or
(2) the highest percentage of disability attained while on active
duty after retirement or after the date when his name was
placed on temporary disability retired list, as the case
may be.
Column 3 - Add: Amount necessary to increase product of columns 1
and 2 to 50 percent of pay upon which computation is
based, if member is on temporary disability retired list
Column 4 - Subtract: Excess over 75 percent of retired or retainer
pay base upon which computation is based.
(!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.
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(e) Alternative Recomputation to Subsection (a) Formula. -
Notwithstanding subsection (a), a member covered by that subsection
may elect, upon his release from that active duty, to have his
retired pay or retainer pay -
(1) computed according to the formula set forth in subsection
(a) but using the monthly retired pay base under which his
retired pay or retainer pay was computed when he entered on that
active duty; and
(2) increased by any applicable adjustments in that pay under
section 1401a of this title after he initially became entitled to
that pay.
(f) Additional 10 Percent for Certain Enlisted Members Credited
With Extraordinary Heroism. - (1) In the case of a member who is
entitled to recompute retired pay under this section upon release
from active duty served after retiring under section 3914 or 8914
of this title, the member's retired pay as recomputed under another
provision of this section shall be increased by 10 percent of the
amount so recomputed if the member has been credited by the
Secretary concerned with extraordinary heroism in the line of duty
during any period of active duty service in the armed forces.
(2) The amount of the retired pay as recomputed under another
provision of this section and as increased under paragraph (1) may
not exceed the amount equal to 75 percent of the retired pay base
upon which the recomputation of such retired pay is based.
(3) The determination of the Secretary concerned as to
extraordinary heroism is conclusive for all purposes.
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