Source
(Added Pub. L. 99–348, title I, § 104(b), July 1, 1986, 100 Stat. 689; amended Pub. L. 101–189, div. A, title VI, § 651(a), (b)(2), Nov. 29, 1989, 103 Stat. 1459, 1460; Pub. L. 103–337, div. A, title XVI, § 1662(j)(5), Oct. 5, 1994, 108 Stat. 3004; Pub. L. 104–106, div. A, title XV, § 1501(c)(15), Feb. 10, 1996, 110 Stat. 499; Pub. L. 106–398, § 1 [[div. A], title VI, § 651], Oct. 30, 2000, 114 Stat. 1654, 1654A–163; Pub. L. 107–107, div. A, title X, § 1048(c)(8), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 108–375, div. A, title VI, § 641(a), Oct. 28, 2004, 118 Stat. 1957.)
Prior Provisions
A prior section
1407, added
Pub. L. 96–342, title VIII, § 813(a)(1), Sept. 8, 1980,
94 Stat. 1100; amended
Pub. L. 96–513, title I, § 113(c), title V, §§ 501(21),
511
(53), Dec. 12, 1980,
94 Stat. 2877, 2908, 2925, related to determination of retired base pay, prior to repeal by
Pub. L. 99–348, § 104(b).
Amendments
2004—Subsec. (c)(3).
Pub. L. 108–375 added par. (3).
2001—Subsec. (f)(2).
Pub. L. 107–107 substituted “October 30, 2000—” for “the date of the enactment of this subsection—” in introductory provisions.
2000—Subsec. (b).
Pub. L. 106–398, § 1 [[div. A], title VI, § 651(1)], substituted “Except as provided in subsection (f), the retired pay base” for “The retired pay base”.
Subsec. (f).
Pub. L. 106–398, § 1 [[div. A], title VI, § 651(2)], added subsec. (f).
1996—Subsec. (c)(1).
Pub. L. 104–106, § 1501(c)(15)(A), substituted “section
12731” for “section
1331”.
Subsec. (d)(1).
Pub. L. 104–106 substituted in heading “chapter 1223” for “chapter 67” and in text “section
12731” for “section
1331”.
1994—Subsec. (c)(2)(B).
Pub. L. 103–337, § 1662(j)(5)(A), which directed substitution of “chapter 1223” for “chapter 67”, could not be executed because the words “chapter 67” did not appear subsequent to amendment by
Pub. L. 101–189, § 651(a)(2), (4). See 1989 Amendment note below.
Subsec. (f)(2).
Pub. L. 103–337, § 1662(j)(5)(B), which directed amendment of subsec. (f)(2) by substituting “Chapter 1223” for “Chapter 67” in heading and “section
12731” for “section
1331” in text, could not be executed because of previous repeal of subsec. (f) by
Pub. L. 101–189, § 651(a)(2). See 1989 Amendment note below.
1989—Subsec. (b).
Pub. L. 101–189, § 651(a)(1), (b)(2), substituted “person” for “member”, “person’s” for “member’s”, and “subsection (c) or (d)” for “subsection (c)”.
Subsec. (c).
Pub. L. 101–189, § 651(a)(2), (4), added subsec. (c) and struck out former subsec. (c) which related to computation of high-three average.
Subsec. (d).
Pub. L. 101–189, § 651(a)(4), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e).
Pub. L. 101–189, § 651(a)(2), (3), redesignated subsec. (d) as (e) and struck out former subsec. (e) which related to special rules for short-term disability retirees.
Subsecs. (f), (g).
Pub. L. 101–189, § 651(a)(2), struck out subsec. (f) which related to special rule for members retiring with non-regular service, and subsec. (g) which defined the term “years of creditable service”.
Effective Date of 2004 Amendment
Pub. L. 108–375, div. A, title VI, § 641(b), Oct. 28, 2004,
118 Stat. 1957, provided that: “Paragraph (3) of section
1407
(c) of title
10, United States Code, as added by subsection (a), shall take effect—
“(1) for purposes of determining an annuity under subchapter II or III of chapter 73 of that title, with respect to deaths on active duty on or after September 10, 2001; and
“(2) for purposes of determining the amount of retired pay of a member of a reserve component entitled to retired pay under section 1201 or 1202 of such title, with respect to such entitlement that becomes effective on or after the date of the enactment of this Act [Oct. 28, 2004].”
Effective Date of 1996 Amendment
Section 1501(c) of
Pub. L. 104–106 provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of
Pub. L. 103–337, as originally enacted.
Effective Date of 1994 Amendment
Amendment by
Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of
Pub. L. 103–337, set out as an Effective Date note under section
10001 of this title.