Section 322 of title 37 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008), referred to in subsec. (b)(3), and section 322 of title 37 (as in effect before
2015—Pub. L. 114–92, § 631(d), which was approved
Subsec. (b)(5), (6). Pub. L. 114–92, § 631(c)(1)(B), added par. (5) and redesignated former par. (5) as (6).
2014—Subsec. (b)(4)(A). Pub. L. 113–76, § 10001(a)(1), which directed insertion of “(other than a member or former member retired under chapter 61 of this title)” after “age”, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (b)(4)(F). Pub. L. 113–76, § 10001(a)(2), which directed addition of subpar. (F) related to inapplicability to amount of retired pay used in computation of SBP annuity for survivors, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (b)(4)(G). Pub. L. 113–291, § 623, which directed substitution of “
Pub. L. 113–82, § 2(a), which directed addition of subpar. (G) related to applicability of subsec. (b)(4) to certain members and former members, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (f)(3). Pub. L. 113–76, § 10001(b)(3), which directed insertion of “or subsection (b)(4)” after “subsection (b)(2)” in par. (2) (probably intending par. (3)), did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
2013—Subsec. (b)(1). Pub. L. 113–67, § 403(a)(1), which directed substitution of “paragraph (2), (3), or (4)” for “paragraphs (2) and (3)”, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (b)(4) to (6). Pub. L. 113–67, § 403(a)(2), (3), which directed addition of par. (4) related to a reduced percentage for retired members under age 62 and redesignation of pars. (4) and (5) as (5) and (6), respectively, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (c)(1), (2). Pub. L. 113–66, § 631(b), substituted “subsection (f)(3)” for “subsection (f)(2)” in introductory provisions.
Subsecs. (d), (e). Pub. L. 113–66, § 1091(a)(9), substituted “before
Pub. L. 113–66, § 631(b), substituted “subsection (f)(3)” for “subsection (f)(2)” in introductory provisions.
Subsec. (f)(1). Pub. L. 113–66, § 631(a)(1), substituted “
Subsec. (f)(2), (3). Pub. L. 113–66, § 631(a)(2), (3), added par. (2) and redesignated former par. (2) as (3).
2008—Subsecs. (b)(3), (d), (e). Pub. L. 110–181, in introductory provisions, substituted “section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354” for “section 322”.
2002—Subsec. (c)(1). Pub. L. 107–314, § 633(a)(1), inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” in introductory provisions.
Subsec. (c)(2). Pub. L. 107–314, § 633(a)(2), inserted “(subject to subsection (f)(2) as applied to other members whose retired pay is computed on the current rates of basic pay in the most recent adjustment under this section)” after “shall be increased” in introductory provisions.
Subsec. (d). Pub. L. 107–314, § 633(a)(1), (b)(1), in introductory provisions, inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” and “or on or after
Subsec. (e). Pub. L. 107–314, § 633(a)(1), (b)(2), in introductory provisions, inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” and “and elected to receive a bonus under section 322 of title 37” after “
Subsec. (f). Pub. L. 107–314, § 633(a)(3), designated existing provisions as par. (1), inserted par. heading, realigned margins, and added par. (2).
1999—Subsec. (b)(1). Pub. L. 106–65, § 643(b)(1)(A), substituted “
Subsec. (b)(2). Pub. L. 106–65, § 1066(a)(10), struck out subpar. (A) designation and heading “
“(B)
“(C)
Pub. L. 106–65, § 643(b)(1)(B), substituted “
Pub. L. 106–65, § 641(b)(1), substituted “Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member” for “The Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed service before
Subsec. (b)(3). Pub. L. 106–65, § 643(b)(1)(C), substituted “
Pub. L. 106–65, § 641(b)(2), inserted “and has elected to receive a bonus under section 322 of title 37,” after “
1996—Subsec. (b)(2)(B). Pub. L. 104–201, § 631(a), substituted “
Pub. L. 104–106, § 631(c), repealed Pub. L. 103–335, § 8114A(b)(1). See 1994 Amendment note below.
Pub. L. 104–106, § 631(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “
“(i)
“(ii)
Subsec. (c). Pub. L. 104–201, § 632(a), added subsec. (c) and struck out former subsec. (c) which read as follows: “
“(1) the price index for the base quarter of that year, exceeds
“(2) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective.”
Subsec. (d). Pub. L. 104–201, § 632(a), added subsec. (d) and struck out former subsec. (d) which read as follows: “
“(1) the base index, exceeds
“(2) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective.”
1994—Subsec. (b)(2)(B). Pub. L. 103–335, § 8114A(b)(1), which directed substituting, in heading, “through 1996” for “through 1998” and substituting, in cl. (ii), “and 1996” for “through 1998”, “of 1994 or 1995” for “of 1994, 1995, 1996, or 1997”, and “March” for “September”, was repealed by Pub. L. 104–106, § 631(c).
Subsec. (f). Pub. L. 103–337 inserted “based on the grade in which the member is retired” after “at an earlier date” in first sentence and “, except that such computation may not be based on a rate of basic pay for a grade higher than the grade in which the member is retired” before period at end of second sentence and struck out after second sentence “However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial, such computation may not be based on a grade higher than the grade in which the member is retired.”
1993—Subsec. (b)(2). Pub. L. 103–160, § 1182(e)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except as provided in paragraph (6), the Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed service before
“(A) the price index for the base quarter of that year, exceeds
“(B) the base index.”
Pub. L. 103–66, § 2001(1), substituted “Except as provided in paragraph (6), the Secretary” for “The Secretary”.
Subsec. (b)(6). Pub. L. 103–160, § 1182(e)(2), struck out par. (6) which read as follows: “
“(A)
“(B)
“(C)
Pub. L. 103–66, § 2001(2), added par. (6).
1989—Subsec. (b)(3). Pub. L. 101–189, § 651(b)(1)(A), inserted “and former member” after first reference to “member”.
Subsec. (e). Pub. L. 101–189, § 651(b)(1)(B), inserted “or former member” after first and third reference to “member”.
Subsec. (f). Pub. L. 101–189, § 651(b)(1)(C), inserted “or former member” after “member” in second sentence.
1988—Subsec. (f). Pub. L. 100–456 inserted after second sentence “However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial, such computation may not be based on a grade higher than the grade in which the member is retired.”
1987—Subsec. (a). Pub. L. 100–180 struck out “pay” after “the retired pay”.
Subsec. (b)(4), (5). Pub. L. 100–224, § 1(a), added par. (4) and redesignated former par. (4) as (5).
Subsec. (e). Pub. L. 100–224, § 1(b), substituted “by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between—
“(1) the percent by which—
“(A) the price index for the base quarter of that year, exceeds
“(B) the price index for the calendar quarter immediately before the calendar quarter during which the member became entitled to retired pay; and
“(2) one-fourth of 1 percent for each calendar quarter from the quarter described in paragraph (1)(B) to the quarter described in paragraph (1)(A).
If in any case the percent described in paragraph (2) exceeds the percent determined under paragraph (1), such an increase shall not be made.” for “only by the percent (adjusted to the nearest one-tenth of 1 percent) by which—
“(1) the price index for the base quarter of that year, exceeds
“(2) the price index for the calendar quarter immediately before the calendar quarter in which the member became entitled to retired pay.”
1986—Subsec. (a). Pub. L. 99–348, § 102(b)(1), (c)(1), inserted heading, struck out “or retainer” after “retired pay”, and struck out sentence defining “Index” in this section as meaning the Consumer Price Index (all items, United States city average) published by the Bureau of Labor Statistics.
Subsecs. (b) to (d). Pub. L. 99–348, § 102(a), added subsecs. (b) to (d) and struck out former subsecs. (b) to (d) which read as follows:
“(b) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, the Secretary of Defense shall at the same time increase the retired and retainer pay of members and former members of the armed forces by the same percent as the percentage by which annuities are increased under such section.
“(c) Notwithstanding subsection (b), if a member or former member of an armed force becomes entitled to retired pay or retainer pay based on rates of monthly basic pay prescribed by section 203 of title 37 that became effective after the last day of the month of the base index, his retired pay or retainer pay shall be increased on the effective date of the next adjustment of retired pay and retainer pay under subsection (b) only by the percent (adjusted to the nearest one-tenth of 1 percent) that the new base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective.
“(d) If a member or former member of an armed force becomes entitled to retired pay or retainer pay on or after the effective date of an adjustment of retired pay and retainer pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay prescribed by section 203 of title 37, his retired pay or retainer pay shall be increased, effective on the date he becomes entitled to that pay, by the percent (adjusted to the nearest one-tenth of 1 percent) that the base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective.”
Subsec. (e). Pub. L. 99–348, § 102(a), added subsec. (e).
Subsec. (f). Pub. L. 99–348, § 102(c)(2), inserted heading and struck out “or retainer” after “retired” wherever appearing.
Subsecs. (g), (h). Pub. L. 99–348, § 102(b)(2), added subsecs. (g) and (h) and struck out former subsec. (g) which provided that the retired or retainer pay of a member or former member of an armed force as adjusted under this section, if not a multiple of $1, would be rounded to the next lower multiple of $1.
1984—Subsec. (f). Pub. L. 98–525 substituted “before
1983—Subsec. (e). Pub. L. 98–94, § 921(a)(1), struck out subsec. (e) which provided that: “Notwithstanding subsections (c) and (d), the adjusted retired pay or retainer pay of a member or former member of an armed force retired on or after
Subsec. (f). Pub. L. 98–94, § 921(b), struck out “, subject to subsection (e) of this section,” after “the computation shall”.
Subsec. (g). Pub. L. 98–94, § 922(a)(2), added subsec. (g).
1980—Subsec. (b). Pub. L. 96–342 substituted provisions directing the Secretary of Defense to increase the retired and retainer pay of members and former members of the armed forces each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of title 5, with such increase to be by the same percent as the percentage by which the annuities are increased for provisions under which the Secretary of Defense had been authorized and directed to increase the retired pay and retainer pay of members and former members of the armed forces on March 1 and September 1 depending upon determinations which the Secretary was directed to make on January 1 and July 1 of each year with regards to the percentage change in the index published for June or December of the previous year.
1976—Subsec. (b). Pub. L. 94–440 substituted provisions that Secretary of Defense shall determine the percent change in the index on Jan. 1 and July 1 of each year and effective Mar. 1 and Sept. 1, retired and retainer pay shall be increased by the computed percent change adjusted to the nearest ⅒ of 1 percent, for provisions that the Secretary of Defense shall determine on a monthly basis the percent by which the index has increased over that used as a basis for the most recent adjustment of retired and retainer pay and if Secretary determines for 3 consecutive months that the amount of increase is at least 3 percent over the base index, retired and retainer pay shall be increased by adding 1 percent and the highest percent increase in the index during those months adjusted to the nearest ⅒ of 1 percent.
Pub. L. 94–361 struck out “the per centum obtained by adding 1 per centum and” before “the highest per centum of increase in the index”.
1975—Subsec. (f). Pub. L. 94–106 added subsec. (f).
1969—Subsec. (b). Pub. L. 91–179 provided for a 1 percent addition in computing increases in retired and retainer pay of present and former members of the armed forces, whenever the Secretary made such adjustments to effect increases in the consumer index over the base index.
1967—Subsec. (a). Pub. L. 90–207 substituted “may not be recomputed” for “shall not be recomputed”, struck out “if that increase becomes effective after the effective date of this section” after “armed forces” and inserted sentence defining “Index”.
Subsec. (b). Pub. L. 90–207 revised subsec. (b) generally and, among other changes, substituted provisions requiring the Secretary of Defense to determine monthly the percent by which the index has increased over that used as the basis for the most recent adjustment of retired and retainer pay under this subsection for provisions which required the Secretary of Defense to determine the per centum that the index for each calendar month after the calendar month immediately preceding the effective date of Pub. L. 89–132 has increased over the base index (that for the calendar month immediately preceding the effective date of Pub. L. 89–132 or, if later, that used as the basis for the most recent adjustment of retired and retainer pay under this subsection).
Subsecs. (c) to (e). Pub. L. 90–207 added subsecs. (c) to (e).
1965—Subsec. (b). Pub. L. 89–132 substituted provisions requiring the Secretary of Defense to determine the per centum for each calendar month that the Consumer Price Index has increased over the base Consumer Price Index, and if the index has shown an increase of at least 3 per centum over the base index for three consecutive calendar months to increase the retired or retainer pay by the highest per centum of increase in the index, for provisions which required a determination of the increase over the preceding calendar year and permitted an increase in the retired or retainer pay if the index advanced 3 per centum or more for a full calendar year.
Amendment by section 631(c)(1)(B) of Pub. L. 114–92 effective
Pub. L. 113–82, § 2(b),
[Amendment made by Pub. L. 113–82, § 2(a), did not take effect pursuant to Pub. L. 114–92, § 631(d), set out below.]
Pub. L. 113–76, div. C, title X, § 10001(c),
[Amendments made by Pub. L. 113–76, § 10001(a), (b), did not take effect pursuant to Pub. L. 114–92, § 631(d), set out below.]
Pub. L. 113–67, div. A, title IV, § 403(c),
[Amendments made by Pub. L. 113–67, § 403(a), (b), did not take effect pursuant to Pub. L. 114–92, § 631(d), set out below.]
Pub. L. 113–66, div. A, title VI, § 631(c),
Pub. L. 106–65, div. A, title VI, § 644,
Pub. L. 104–201, div. A, title VI, § 632(b),
Pub. L. 103–337, div. A, title VI, § 633(b),
Pub. L. 100–456, div. A, title VI, § 622(b),
Pub. L. 98–94, title IX, § 921(a)(2),
Amendment by section 922 of Pub. L. 98–94 effective
Pub. L. 96–342, title VIII, § 812(b)(1),
Pub. L. 94–440, title XIII, § 1306(d)(2),
Pub. L. 91–179, § 2,
Amendment by Pub. L. 90–207 effective
Amendment by Pub. L. 89–132 effective
Section effective
Pub. L. 114–92, div. A, title VI, § 631(d),
Pub. L. 104–106, div. A, title VI, § 631(b),
Pub. L. 103–337, div. A, title VI, § 631,
Pub. L. 103–337, div. A, title VI, § 632,
Pub. L. 103–337, div. A, title VI, § 634,
Pub. L. 103–335, title VIII, § 8114A,
Pub. L. 96–342, title VIII, § 812,
“ ‘(b) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, the Secretary of Defense shall at the same time increase the retired and retainer pay of members and former members of the armed forces by the same percent as the percentage by which annuities are increased under such section.’.
Pub. L. 95–581,
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in Pub. L. 96–342, set out above, is Pub. L. 88–643,
Pub. L. 94–361, title VIII, § 801(c),
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in Pub. L. 94–361, set out above, is Pub. L. 88–643,
Pub. L. 93–210, § 2,
Pub. L. 90–207, § 2(b),