--- kind: "section" citation: "10 U.S.C. § 1407a" title: "10" title_heading: "Armed Forces" number: "1407a" heading: "Retired pay base: officers retired in general or flag officer grades" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/1407a" units: - "Subtitle A — General Military Law" - "Part II — Personnel" - "Chapter 71 — Computation of Retired Pay" --- # §1407a. Retired pay base: officers retired in general or flag officer grades - (a) **Rates of Basic Pay to Be Used in Determination.—** Except as otherwise provided in this section, in a case in which the determination under section [1406](/usc/10/1406.md) or [1407](/usc/10/1407.md) of this title of the retired [pay](/usc/10/101.md?p=a-15) base applicable to the computation of the retired [pay](/usc/10/101.md?p=a-15) of a covered general or [flag officer](/usc/10/101.md?p=b-5) involves a [rate](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) payable to that [officer](/usc/10/101.md?p=b-1) for any period between October 1, 2006, and December 31, 2014, that was subject to a reduction under [section 203(a)(2) of title 37](/usc/37/203.md?p=a-2) for such period, such retired-[pay](/usc/10/101.md?p=a-15)-base determination shall be made using the [rate](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) for such period provided by law, without regard to the reduction under [section 203(a)(2) of title 37](/usc/37/203.md?p=a-2). - (b) **Partial Preservation of Computation of Retired Pay Base Using Uncapped Rates of Basic Pay for Covered Officers Who First Became Members Before September 8, 1980, and Whose Retired Pay Commences After December 31, 2014.—** - (1) **Officers retiring after december 31, 2014.—** In the case of a covered general or [flag officer](/usc/10/101.md?p=b-5) who first became a member of a uniformed service before September 8, 1980, and who is retired after December 31, 2014, under any provision of law other than [chapter 1223](/usc/10/chstE/ptII/ch1223.md) of this title or is transferred to the Retired [Reserve](/usc/10/101.md?p=c-6) after December 31, 2014, the retired [pay](/usc/10/101.md?p=a-15) base applicable to the computation of the retired [pay](/usc/10/101.md?p=a-15) of that [officer](/usc/10/101.md?p=b-1) shall be determined as provided in [paragraph (2)](#b-2) if determination of such retired [pay](/usc/10/101.md?p=a-15) base as provided in that paragraph results in a higher retired [pay](/usc/10/101.md?p=a-15) base than determination of such retired [pay](/usc/10/101.md?p=a-15) base as otherwise provided by law (including the application of [section 203(a)(2) of title 37](/usc/37/203.md?p=a-2)). - (2) **Alternative determination of retired pay base using uncapped rates of basic pay as of december 31, 2014.—** For a determination in accordance with this paragraph, the amount of an [officer](/usc/10/101.md?p=b-1)’s retired [pay](/usc/10/101.md?p=a-15) base shall be determined by using the [rate](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) provided as of December 31, 2014, for that [officer](/usc/10/101.md?p=b-1)’s [grade](/usc/10/101.md?p=b-7) as of that date for purposes of basic [pay](/usc/10/101.md?p=a-15), with that [officer](/usc/10/101.md?p=b-1)’s years of service creditable as of that date for purposes of basic [pay](/usc/10/101.md?p=a-15), and without regard to any reduction under [section 203(a)(2) of title 37](/usc/37/203.md?p=a-2). - (3) **Exception for officer retired in a lower grade.—** In a case in which the retired [grade](/usc/10/101.md?p=b-7) of the [officer](/usc/10/101.md?p=b-1) is lower than the [grade](/usc/10/101.md?p=b-7) in which the [officer](/usc/10/101.md?p=b-1) was serving on December 31, 2014, [paragraph (2)](#b-2) shall be applied as if the [officer](/usc/10/101.md?p=b-1) was serving on that date in the [officer](/usc/10/101.md?p=b-1)’s retired [grade](/usc/10/101.md?p=b-7). - (c) **Preservation of Computation of Retired Pay Base Using Uncapped Rates of Basic Pay for Officers Transferring to Retired Reserve During Specified Period.—** In the case of a covered general or [flag officer](/usc/10/101.md?p=b-5) who is transferred to the Retired [Reserve](/usc/10/101.md?p=c-6) between October 1, 2006, and December 31, 2014, and who becomes entitled to receive retired [pay](/usc/10/101.md?p=a-15) under [section 12731 of this title](/usc/10/12731.md) after December 31, 2014, the retired [pay](/usc/10/101.md?p=a-15) base applicable to the computation of the retired [pay](/usc/10/101.md?p=a-15) of that [officer](/usc/10/101.md?p=b-1) shall be determined using the [rates](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) provided by law without regard to any reduction in [rates](/usc/10/101.md?p=b-9) of basic [pay](/usc/10/101.md?p=a-15) under [section 203(a)(2) of title 37](/usc/37/203.md?p=a-2). - (d) **Covered General or Flag Officer Defined.—** In this section, the term “covered general or [flag officer](/usc/10/101.md?p=b-5)” means a member or former member of a uniformed service who after September 30, 2006— - (1) is retired in a [general officer](/usc/10/101.md?p=b-4) [grade](/usc/10/101.md?p=b-7) or [flag officer](/usc/10/101.md?p=b-5) [grade](/usc/10/101.md?p=b-7) (or an equivalent [grade](/usc/10/101.md?p=b-7), in the case of an [officer](/usc/10/101.md?p=b-1) of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration); or - (2) is transferred to the Retired [Reserve](/usc/10/101.md?p=c-6) in a [general officer](/usc/10/101.md?p=b-4) [grade](/usc/10/101.md?p=b-7) or [flag officer](/usc/10/101.md?p=b-5) [grade](/usc/10/101.md?p=b-7). ## Source credit (Added Pub. L. 109–364, div. A, title VI, § 641(a), Oct. 17, 2006, 120 Stat. 2258; amended Pub. L. 113–291, div. A, title VI, § 622(a), Dec. 19, 2014, 128 Stat. 3401.) ## Notes ### Editorial Notes ### Amendments 2014—Pub. L. 113–291 amended section generally. Prior to amendment section related to retired pay base: officers retired in general or flag officer grades, consisting of subsecs. (a) and (b). ### Statutory Notes and Related Subsidiaries ### Effective Date of 2014 Amendment Pub. L. 113–291, div. A, title VI, § 622(b), Dec. 19, 2014, 128 Stat. 3403, provided that: “Section 1407a of title 10, United States Code, as amended by subsection (a), shall be effective for retired pay that commences after December 31, 2014.”