Pub. L. 100-180, div. A, tit. V, sec. 512

ADVANCE IN RETIRED GRADE AFTER 30 YEARS OF SERVICE FOR CERTAIN MEMBERS

EnactedYear: 1987Length: 1,101 wordsOfficial source
SEC. 512. ADVANCE IN RETIRED GRADE AFTER 30 YEARS OF SERVICE FOR CERTAIN MEMBERS (a) Army.—Section 3964 of title 10, United States Code, is amended to read as follows: “§ 3964. Higher grade after 30 years of service: warrant officers and enlisted members “(a) Each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army. “(b) This section applies to— “(1) warrant officers of the Army; “(2) enlisted members of the Regular Army; “(3) reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty).”. (b) Navy and Marine Corps.—Chapter 571 of such title is amended by adding at the end the following new sections: “§ 6334. Higher grade after 30 years of service: warrant officers and enlisted members “(a) Each member of the naval service covered by subsection (b) who, after the date of the enactment of this section, is retired with less than 30 years of active service or is transferred to the Fleet Reserve or Fleet Marine Corps Reserve is entitled, when his active service plus his service on the retired list or his service in the Fleet Reserve or the Fleet Marine Corps Reserve totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Navy. “(b) This section applies to— “(1) warrant officers of the naval service; “(2) enlisted members of the Regular Navy and Regular Marine Corps; “(3) reserve enlisted members of the Navy and Marine Corps who, at the time of retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve, are serving on active duty. “(c) An enlisted member of the naval service who is advanced on the retired list under this section is entitled to recompute his retired or retainer pay under formula A of the following table, and a warrant officer of the naval service so advanced is entitled to recompute his retired pay under formula B of that table. The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1. 101 STAT. 1090 “Formula Column 1 Take Column 2 Multiply by “1 In determining the retired pay multiplier, credit each full month of service that is in addition to the number of full years of service creditable to the member as 1/12 of a year and disregard any remaining fractional part of a month. A Retired pay base as computed under section 1406(d) or 1407 of this title. The retired pay multiplier prescribed in section 1409 of this title for the number of years creditable for his retainer or retired pay at the time of retirement.1 B Retired pay base as computed under section 1406(d) of this title The retired pay multiplier prescribed in section 1409 of this title for the number of years credited to him under section 1405 of this title. “§ 6335. Restoration to former grade: warrant officers and enlisted members “Each retired warrant officer or enlisted member of the naval service who has been advanced on the retired list to a higher commissioned grade under section 6334 of this title, and who applies to the Secretary of the Navy within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant officer or enlisted status, as the case may be. (c) Air Force.—Section 8964 of title 10, United States Code, is amended to read as follows: “§ 8964. Higher grade after 30 years of service: warrant officers and enlisted members “(a) Each retired member of the Air Force covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Air Force. “(b) This section applies to— “(1) warrant officers of the Air Force; “(2) enlisted members of the Regular Air Force; “(3) reserve enlisted members of the Air Force who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time duty). (d) Conforming Amendments.—(1) Sections 3965 and 3966(b)(2) of such title are amended by striking out “Regular”. (2) Section 1406(d) of such title is amended— (A) by inserting “or 6334” after “6151”; and (B) by adding at the end of the table in such section the following: “6334 Basic pay of the grade to which the member is advanced under section 6334.”. (3) Sections 8965 and 8966(b)(2) of such title are amended by striking out “Regular”. 101 STAT. 1091 (e) Clerical Amendments.—(1) The item relating to section 3964 in the table of sections at the beginning of chapter 369 of such title is amended to read as follows: “3964. Higher grade after 30 years of service: warrant officers and enlisted members.”. (2) The table of sections at the beginning of chapter 571 of such title is amended by adding at the end the following new items: “6334. Higher grade after 30 years of service: warrant officers and enlisted members. “6335. Restoration to former grade: warrant officers and enlisted members.”. (3) The item relating to section 8964 in the table of sections at the beginning of chapter 869 of such title is amended to read as follows: “8964. Higher grade after 30 years of service: warrant officers and enlisted members.”. (f) Effective Date.—The amendments made by subsections (a) and (c) shall apply to any reserve enlisted member who completes 30 years of service in the Armed Forces before, on, or after the date of the enactment of this Act. No person may be paid retired pay at a higher rate by reason of the enactment of this Act for any period before the date of the enactment of this Act.
Pub. L. 100-180, div. A, tit. V, sec. 512: ADVANCE IN RETIRED GRADE AFTER 30 YEARS OF SERVICE FOR CERTAIN MEMBERS | Justis AI