Statute · United States Code

10 U.S.C. § 1401 — Computation of retired pay

10 U.S.C. § 1401

Type
Statute
Source
United States Code
Jurisdiction
Federal
Date
2025-01-06
Topic
bankruptcy

(a) Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement.—The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed "For sections", retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, and 3, as modified by the applicable footnotes. Take Multiply by Add 1204 (1) the retired pay multiplier determined for the member under section 1409 of this title; 1 or (2) the percentage of disability, not to exceed 75%, on date when retired. 1205 (1) the retired pay multiplier determined for the member under section 1409 of this title; 1 or (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list. 1263 1293 1305 634 635 636 1251 1252 1253 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. (b) Use of Most Favorable Formula.—If a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or of any other provision of law, the person is entitled to be paid under the applicable formula that is most favorable to him.

(a) Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement.—The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed "For sections", retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, and 3, as modified by the applicable footnotes. Take Multiply by Add 1204 (1) the retired pay multiplier determined for the member under section 1409 of this title; 1 or (2) the percentage of disability, not to exceed 75%, on date when retired. 1205 (1) the retired pay multiplier determined for the member under section 1409 of this title; 1 or (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list. 1263 1293 1305 634 635 636 1251 1252 1253 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. (b) Use of Most Favorable Formula.—If a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or of any other provision of law, the person is entitled to be paid under the applicable formula that is most favorable to him.