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10 U.S.C. § 1401

Section 1401 · Computation of retired pay

Current version, with additions and removals from the January 7, 2011 version.

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Current — November 25, 2015
As of January 7, 2011
(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, 3, and 4,1 as modified by the applicable footnotes.
(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.

TakeColumn 2Multiply byColumn 3Add 1 12011204 Retired pay base as computed under section 1406(b) or 1407. As member elects— (1) 21/2% of years of service credited to him under section 1208; 1 or (2) the percentage of disability, not to exceed 75%, on date when retired. 2 12021205 Retired pay base as computed under section 1406(b) or 1407. As member elects— (1) 21/2% of years of service credited to him under section 1208; 1 or (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list. Amount necessary to increase product of columns 1 and 2 to 50% of retired pay base upon which computation is based. 4 580126312931305 Retired pay base as computed under section 1406(b) or 1407. The retired pay multiplier prescribed in section 1409(a) for the years of service credited to him under section 1405. 5 633634635636125112521253 Retired pay base as computed under section 1406(b) or 1407. The retired pay multiplier prescribed in section 1409(a) for the years of service credited to him under section 1405. 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.
(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.
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