U.S. CODE

U.S. Code

§ 1401. Computation of retired pay

(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.


Formula No.	For sections	Column 1 Take
1	1201
1204	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	1202
1205	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	580
1263
1293
1305	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	633
634
635
636
1251
1252
1253	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.

[1] So in original. Column 4 has been struck out.

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