Source
(Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1498; amended Pub. L. 103–160, div. A, title V, § 505(a), Nov. 30, 1993, 107 Stat. 1645; Pub. L. 103–337, div. A, title V, § 541(b)(5), Oct. 5, 1994, 108 Stat. 2765; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–364, div. A, title V, § 505(a), (b), Oct. 17, 2006, 120 Stat. 2179.)
References in Text
Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a)(6), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note below.
Prior Provisions
Provisions similar to those in this section were contained in section
564 of this title prior to repeal by
Pub. L. 102–190, § 1112(a).
Amendments
2006—Subsec. (e)(1).
Pub. L. 109–364, § 505(a), substituted “continued on active duty if—” and subpars. (A) and (B) for “continued on active duty if he is selected for continuation on active duty by a selection board convened under section
573
(c) of this title.”
Subsec. (e)(2).
Pub. L. 109–364, § 505(b), designated existing provisions as subpar. (A) and added subpar. (B).
2002—Subsec. (e)(6).
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1994—Subsec. (a)(4)(B).
Pub. L. 103–337, § 541(b)(5)(A), inserted “, or severance pay computed under section
286a of title
14, as appropriate,” after “section
1174 of this title”.
Subsec. (e)(6).
Pub. L. 103–337, § 541(b)(5)(B), inserted “and the Secretary of Transportation, when the Coast Guard is not operating as a service in the Navy,” after “Secretary of Defense”.
1993—Subsec. (a)(4)(A).
Pub. L. 103–160, § 505(a)(1), inserted “(except as provided in subparagraph (C))” after “shall be separated”.
Subsec. (a)(4)(C).
Pub. L. 103–160, § 505(a)(2), added subpar. (C).
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of
Pub. L. 107–296, set out as a note under section
101 of this title.
Effective Date of 1994 Amendment
Amendment by
Pub. L. 103–337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of
Pub. L. 103–337, set out as a note under section
571 of this title.
Effective Date of 1993 Amendment
Section 505(b) of
Pub. L. 103–160 provided that: “The amendments made by subsection (a) [amending this section] shall apply to warrant officers who have not been separated pursuant to section
580
(a)(4) of title
10, United States Code, before the date of enactment of this Act [Nov. 30, 1993].”
Retired and Retainer Pay of Members on Retired Lists or Receiving Retainer Pay
Act Oct. 12, 1949, ch. 681, title V, § 511,
63 Stat. 829, as amended May 19, 1952, ch. 310, § 4,
66 Stat. 80; Apr. 23, 1956, ch. 208, § 1,
70 Stat. 114, set forth methods of computing retired pay, retirement pay, retainer pay, or equivalent pay on and after Oct. 1, 1949, for members of the uniformed services who had retired for reasons other than for physical disability before Oct. 1, 1949, members who had transferred to the Fleet Reserve or the Fleet Marine Corps Reserve before such date, and certain members of the Army Nurse Corps or the Navy Nurse Corps who had retired before such date, and provided that the amount of such pay would not exceed 75 percentum of the monthly basic pay upon which the computation had been based.