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Code · BILL · 113th Congress · H.R. 1960 (Engrossed in House) — To authorize appropriations for fiscal year 2014 for military activities of the Department of Defense, for military c... · Sec. 622

Sec. 622. Prevention of retired pay inversion for members whose retired pay is computed using high-three average

323 words·~1 min read·/bill/113/hr/1960/eh/section-622·

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Section 1401a(f)(1) of title 10, United States Code, is amended— by striking Notwithstanding any other provision of law, the monthly retired pay of a member or a former member of an armed force and inserting the following: The monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service before September 8, 1980, and ; and by adding at the end the following new subparagraph: Subject to subsections
(d)and (e), the monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service on or after September 8, 1980, may not be less, on the date on which the member or former member initially becomes entitled to such pay, than the monthly retired pay to which the member or former member would be entitled on that date if the member or former member had become entitled to retired pay on an earlier date, adjusted to reflect any applicable increases in such pay under this section. However, in the case of a member or former member whose retired pay is computed subject to section 1407(f) of this title, subparagraph
(A)(rather than the preceding sentence) shall apply in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980, but only with respect to a calculation as of the date on which the member or former member first became entitled to retired pay. . Subparagraph
(B)of section 1401a(f)(1) of title 10, United States Code, as added by subsection (a)(2), applies to the computation of retired pay or retainer pay of any member or former member of an Armed Force who first became a member of a uniformed service on or after September 8, 1980, regardless of the date on which the member first becomes entitled to retired or retainer pay.
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