§ 8374. Treatment of fractions of years of service in computing retired pay and separation pay

514 words·~2 min read·/usc/title-10/section-8374

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In determining the total number of years of service to be used as a multiplier in computing retired pay and separation pay on discharge under this chapter, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.

(Aug. 10, 1956, ch. 1041, 70A Stat. 415, § 6404; Pub. L. 96–513, title V, § 503(50), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 98–94, title IX, § 923(c)(4), Sept. 24, 1983, 97 Stat. 643; renumbered § 8374, Pub. L. 115–232, div. A, title VIII, § 807(b)(16), Aug. 13, 2018, 132 Stat. 1836.)

The words “and a part of a year that is less than six months is disregarded” are added for clarity. The legislative history of the Career Compensation Act of 1949, which contains a provision identical to those codified in this section, indicates that all of these provisions are construed as requiring a fractional year of less than six months to be disregarded (hearing before the Committee on Armed Services of the Senate on H.R. 5007, 81st Cong., 1st sess., p. 313, July 6, 1949).

Connections1 cite this · traces to 5

Cited by 1 section

U.S. Code