10 U.S.C. § 8333

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)

Section 8333 - Computation of retired and retainer pay

(a) The monthly retired pay or retainer pay of a member entitled to such pay under this chapter or under section 8470 or 8372 of this title is computed in accordance with the following table.

Formula	For sections	Column 1 Take	Column 2 Multiply by
A	8325(a)6326	Retired pay base computed under section 1406(d) or 1407	Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405.

B	83238325(b)84708372	Retired pay base computed under section 1406(d) or 1407	Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405.

C	8330	Retainer pay base computed under section 1406(d) or 1407	Retainer pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405.

(b)

(1) Retired pay or retainer pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

(2) References in the table in subsection (a) are to sections of this title.

(c) In the case of a Reserve enlisted member whose grade upon transfer to the Fleet Reserve or Fleet Marine Corps Reserve is determined under section 8336 of this title and who first became a member of a uniformed service before September 8, 1980, the retainer pay base of the member (notwithstanding section 1406(a)(1) of this title) is the amount of the monthly basic pay of the grade in which the member is so transferred (determined based upon the rates of basic pay applicable on the date of the member's transfer), and that amount shall be used for the purposes of the table in subsection (a) rather than the amount computed under section 1406(d) of this title.

10 U.S.C. § 8333

Added Pub. L. 98-94, title IX, §922(a)(10)(A), Sept. 24, 1983, 97 Stat. 641, §6333; amended Pub. L. 99-348, title II, §203(a), July 1, 1986, 100 Stat. 695; Pub. L. 103-337, div. A, title VI, §635(b), Oct. 5, 1994, 108 Stat. 2789; Pub. L. 104-106, div. A, title XV, §1503(b)(3), Feb. 10, 1996, 110 Stat. 512; Pub. L. 104-201, div. A, title V, §532(d)(2), Sept. 23, 1996, 110 Stat. 2520; Pub. L. 109-163, div. A, title V, §509(d)(2), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 110-181, div. A, title VI, §646(a), Jan. 28, 2008, 122 Stat. 160; renumbered §8333 and amended Pub. L. 115-232, div. A, title VIII, §§807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.

EDITORIAL NOTES

AMENDMENTS2018- Pub. L. 115-232, §807(b) (15), renumbered section 6333 of this title as this section.Subsec. (a). Pub. L. 115-232, §809(a), substituted "section 8470 or 8372" for "section 6970 or 6383" in introductory provisions and, under "For sections" column in table, substituted "8325(a)" for "6325(a)" and "8326" for "6326" in Formula A, "8323" for "6323", "8325(b)" for "6325(b)", "8470" for "6970", and "8372" for "6383" in Formula B, and "8330" for "6330" in Formula C.Subsec. (c). Pub. L. 115-232, §809(a), substituted "section 8336" for "section 6336". 2008-Subsec. (a). Pub. L. 110-181 substituted "Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to the member under section 1405." for "75 percent." in Formula A under Column 2 in table.2006-Subsec. (a). Pub. L. 109-163 inserted "6970 or" after "section" in text and "6970" below "6325(b)" in Formula B under "For sections" column in table. 1996-Subsec. (a). Pub. L. 104-106 struck out first period after "section 1405" in Formula C under Column 2 in table. Subsec. (c). Pub. L. 104-201 added subsec. (c). 1994-Subsec. (a). Pub. L. 103-337 substituted "the years of service that may be credited to him under section 1405." for "his years of active service in the armed forces" in Formula C under Column 2 in table.1986-Pub. L. 99-348 amended section generally, designating existing provision as subsec. (b)(1), substituting "under this section" for "under this chapter", and adding subsecs. (a) and (b)(2).

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 2008 AMENDMENT Amendment by Pub. L. 110-181 effective as of Jan. 1, 2007, and applicable with respect to retired pay and retainer pay payable on or after that date, see section 646(c) of Pub. L. 110-181, set out as a note under section 1402 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 applicable to computation 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 Reserve or Fleet Marine Corps Reserve on or after Oct. 5, 1994, and to recomputation of retired pay of any enlisted 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 DATESection effective Oct. 1, 1983, see section 922(e) of Pub. L. 98-94, set out as an Effective Date of 1983 Amendment note under section 1401 of this title.

active service: The term "active service" means service on active duty or full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
enlisted member: The term "enlisted member" means a person in an enlisted grade.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.