---
kind: "section"
citation: "33 U.S.C. § 3045"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3045"
heading: "Computation of retired pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3045"
units:
  - "Chapter 43 — National Oceanic and Atmospheric Administration Commissioned Officer Corps"
  - "Subchapter III — Separation and Retirement of Officers"
---

# §3045. Computation of retired pay

- (a) **Officers first becoming members before September 8, 1980—** Each [officer](/usc/33/3002.md?p=b-3) on the retired list who first became a member of a uniformed service before September 8, 1980, shall receive retired pay at the rate determined by multiplying—
  - (1) the retired pay base determined under [section 1406(g) of title 10](/usc/10/1406.md?p=g); by
  - (2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the [officer](/usc/33/3002.md?p=b-3) under section 1405 of such title as if the [officer](/usc/33/3002.md?p=b-3)’s service were service as a member of the Armed Forces.

  The retired pay so computed may not exceed 75 percent of the retired pay base.

- (b) **Officers first becoming members on or after September 8, 1980—** Each [officer](/usc/33/3002.md?p=b-3) on the retired list who first became a member of a uniformed service on or after September 8, 1980, shall receive retired pay at the rate determined by multiplying—
  - (1) the retired pay base determined under [section 1407 of title 10](/usc/10/1407.md); by
  - (2) the retired pay multiplier determined under section 1409 of such title for the number of years of service that may be credited to the [officer](/usc/33/3002.md?p=b-3) under section 1405 of such title as if the [officer](/usc/33/3002.md?p=b-3)’s service were service as a member of the Armed Forces.
- (c) **Treatment of full and fractional parts of months in computing years of service—**
  - (1) **In general—** In computing the number of years of service of an [officer](/usc/33/3002.md?p=b-3) for the purposes of [subsection (a)](#a)—
    - (A) each full month of service that is in addition to the number of full years of service creditable to the [officer](/usc/33/3002.md?p=b-3) shall be credited as <sup>1</sup>⁄<sub>12</sub> of a year; and
    - (B) any remaining fractional part of a month shall be disregarded.
  - (2) **Rounding—** Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

## Source credit

(Pub. L. 107–372, title II, § 245, Dec. 19, 2002, 116 Stat. 3089; Pub. L. 114–92, div. A, title VI, § 631(c)(3), Nov. 25, 2015, 129 Stat. 844.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 853o of this title prior to repeal by Pub. L. 107–372.

### Amendments

2015—Subsec. (a)(2). Pub. L. 114–92 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “2½ percent of the number of years of service that may be credited to the officer under section 1405 of such title as if the officer’s service were service as a member of the Armed Forces.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment; Implementation

Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.