§1402a. Recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980 — Inbound Citations
10 U.S.C. § 1402a
Cited by 4 provisions in release 119-102.
Citations to 10 U.S.C. § 1402a as a whole
-
(2) A member may recompute his retainer pay under section 1402 or 1402a of this title, as appropriate, to reflect active duty after transfer.
-
(a) Subject to subsections (b) and (c), for the purpose of computing the basic pay of a member of a uniformed service, his years of service are computed by adding—(1) all periods of active service as an officer, Army field clerk, flight officer, aviation midshipman, or enlisted member of a uniformed service;(2) all periods during which he was enlisted or held an appointment as an officer, Army field clerk, or flight officer of—(A) a regular component of a uniformed service;(B) a reserve component of a uniformed service;(C) the Space Force;(D) the Regular Army Reserve;(E) the National Guard;(F) the National Guard Reserve;(G) the Naval Militia;(H) the National Naval Volunteers;(I) the Navy Reserve Force;(J) the Army without specification of component;(K) the Air Force without specification of component;(L) the Marine Corps Reserve Force;(M) the Philippine Scouts; or(N) the Philippine Constabulary;(3) for a commissioned officer in service on June 30, 1922, all service that was then counted in computing longevity pay and all service as a contract surgeon serving full time;(4) all periods during which he held an appointment as a nurse, reserve nurse, or commissioned officer in the Army Nurse Corps as it existed at any time before April 16, 1947, the Navy Nurse Corps as it existed at any time before April 16, 1947, or the Public Health Service, or a reserve component of any of them;(5) all periods during which he was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration;(6) all periods that, under law in effect on January 10, 1962, were authorized to be credited in computing basic pay; and(7) all periods while—(A) on a temporary disability retired list, honorary retired list, or a retired list of a uniformed service;(B) entitled to retired pay, retirement pay, or retainer pay, from a uniformed service or the Department of Veterans Affairs, as a member of the Fleet Reserve or the Fleet Marine Corps Reserve; orExcept for any period of active service described in clause (1) and except as provided by subsections (b), (c), and (d) of section 1402 and subsections (b), (c), and (d) of section 1402a of title 10, a period of service described in clauses (2) through (7) that is performed while on a retired list, in a retired status, or in the Fleet Reserve or Fleet Marine Corps Reserve, may not be included to increase retired pay, retirement pay, or retainer pay. For the purpose of clause (5), periods during which a member was a deck officer or junior engineer in the National Oceanic and Atmospheric Administration includes periods during which a member was a deck officer or junior engineer in the Environmental Science Services Administration or the Coast and Geodetic Survey.
Citations to §1402a(d)
-
Unless entitled to a higher retired grade under some other provision of law, a member of an armed force whose retired pay is computed under section 1402(d) or 1402a(d) of this title is entitled, upon his release from active duty, to the grade equivalent to the grade or rank upon which his retired pay is based under that section.
-
That part of the retired pay of a member of an armed force, computed under formula No. 1 or 2 of section 1401, or under section 1402(d) or 1402a(d) of this title on the basis of years of service, which exceeds the retired pay that he would receive if it were computed on the basis of percentage of disability is not considered as a pension, annuity, or similar allowance for personal injury, or sickness, resulting from active service in the armed forces, under section 104(a) of the Internal Revenue Code of 1986.