§12733. Computation of retired pay: computation of years of service — Inbound Citations
10 U.S.C. § 12733
Cited by 12 provisions in release 119-102.
Citations to 10 U.S.C. § 12733 as a whole
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(b) A member of the armed forces who is not a member of a regular component shall be credited, for the purposes of this chapter, with the number of years of service that he would count if he were computing his years of service under section 12733 of this title.
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(3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title.
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(iii) In the case of an annuity provided under section 1448(f)(1)(A) of this title by reason of the death of a member or former member not in line of duty, such retired pay shall be computed based upon the member or former member’s years of service when he died computed under section 12733 of this title.
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(2) Service credited under paragraph (1) counts only for the award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title.
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(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or
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(C) are serving as members of reserve components and are credited with at least eight years of service computed under section 12733 of this title; or
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(C) are serving as members of reserve components, or the Space Force, and are credited with at least eight years of service computed under section 12733 of this title; or
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(2) 2½ percent of the years of service credited to that person under section 12733 of this title.
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(2) In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under section 12733 of this title, the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of—(A) 75 percent of the retired pay base upon which the computation is based; and(B) the product of—(i) the retired pay base upon which the computation is based; and(ii) 2½ percent of the years of service credited to that person under section 12733 of this title, for service under conditions authorized for purposes of this paragraph during a period designated by the Secretary of Defense for purposes of this paragraph.
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(ii) 2½ percent of the years of service credited to that person under section 12733 of this title, for service under conditions authorized for purposes of this paragraph during a period designated by the Secretary of Defense for purposes of this paragraph.
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(A) Pursuant to subparagraph (B), a person performing reserve component service on December 31, 2017, who has performed fewer than 12 years of service as of December 31, 2017 (as computed in accordance with section 12733 of this title), may elect, in exchange for the reduced multipliers described in paragraph (1) for purposes of calculating the retired pay of the person, to receive Thrift Savings Plan contributions pursuant to section 8440e(e) of title 5.
Citations to §12733(3)
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(5) A member of the Selected Reserve may be considered to be in an active status while pursuing a course of study under this subchapter only for purposes of sections 12732(a) and 12733(3) of this title.