HIGHER GRADE IN RETIREMENT FOR OFFICERS FOLLOWING REOPENING OF DETERMINATION OR CERTIFICATION OF RETIRED GRADE.

SEC. 509. HIGHER GRADE IN RETIREMENT FOR OFFICERS FOLLOWING REOPENING OF DETERMINATION OR CERTIFICATION OF RETIRED GRADE. (a) Advice and Consent of Senate Required for Higher Grade.—Section 1370(f) of title 10, United States Code, is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph (5): “(5) If the retired grade of an officer is proposed to be increased through the reopening of the determination or certification of officer’s retired grade, the increase in the retired grade shall be made by the Secretary of Defense, by and with the advice and consent of the Senate.” . (b) Recalculation of Retired Pay.—Paragraph (6) of such section, as redesignated by subsection (a)(1), is amended— (1) by inserting “or increased” after “reduced”; (2) by inserting “as a result of the reduction or increase” after “any modification of the retired pay of the officer”; (3) by inserting “or increase” after “the reduction”; and (4) by adding at the end the following new sentence: “An officer whose retired grade is increased as described in the preceding sentence shall not be entitled to an increase in retired pay for any period before the effective date of the increase.”. (c) [10 U.S.C. 1370 note] Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to an increase in the retired grade of an officer that occurs through a reopening of the determination or certification of the officer’s retired grade on or after that date, regardless of when the officer retired.