# § 7362. Recomputation of retired pay to reflect advancement on retired list
**(a)** **Entitlement to Recomputation.—** An enlisted member or warrant officer of the Army who is advanced on the retired list under section 7344 of this title is entitled to recompute his retired pay in accordance with this section.
**(b)** **Formula.—** The monthly retired pay of a member entitled to recompute that pay under this section is computed by multiplying—
**(1)** the member’s retired pay base (as computed under section 1406(c) or 1407 of this title), by
**(2)** the retired pay multiplier prescribed in section 1409 of this title for the number of years credited to the member under section 1405 of this title.
**(c)** **Rounding to Next Lower Dollar.—** The amount computed under subsection (b), if not a multiple of $1, shall be rounded to the next lower multiple of $1.
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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 233, § 3992; Pub. L. 96–342, title VIII, § 813(c), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, title V, § 512(10), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 97–295, § 1(40), Oct. 12, 1982, 96 Stat. 1297; Pub. L. 98–94, title IX, §§ 922(a)(8), 923(a)(1), (2)(G), Sept. 24, 1983, 97 Stat. 641–643; Pub. L. 99–348, title II, § 202(b), July 1, 1986, 100 Stat. 695; Pub. L. 103–337, div. A, title VI, § 635(a)(3), Oct. 5, 1994, 108 Stat. 2788; renumbered § 7362 and amended Pub. L. 115–232, div. A, title VIII, §§ 808(b)(14), 809(a), Aug. 13, 2018, 132 Stat. 1839, 1840.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 3992 | 10:594 (last 39 words of 1st proviso).10:1004 (30 words before proviso). | Aug. 21, 1941, ch. 384, § 5 (last 39 words of 1st proviso); restated June 29, 1948, ch. 708, § 203(c) (last 39 words of 1st proviso), 62 Stat. 1085; May 29, 1954, ch. 249, § 19(f), 68 Stat. 167. |
| | | June 29, 1948, ch. 708, § 203(e) (30 words before proviso), 62 Stat. 1086. |
The words “basic pay * * * as the case may be” are inserted to conform to the terminology of the Career Compensation Act of 1949, ( et seq.). The words “at the rate prescribed by law for his length of service”, in 10:1004, are omitted as covered by the words “base and longevity pay”. The words “base and longevity pay” are retained to cover the cases of members retired before the enactment of the Career Compensation Act of 1949, and advanced on the retired list after the enactment of that act. The words “and disregard a part of a year that is less than six months” are inserted to conform to footnote 4 of .
### 1982 Act
This amends 10:3992 to correct an inadvertent error in the codification of title 10 in 1956 relating to retirement pay of warrant officers advanced on the retired list. For further details, see the explanation for amendment of 10:1405 made by section 1(17).
## Editorial Notes
### Prior Provisions
A prior section 7362 was renumbered .
Another prior section 7362, , , related to commercial use of naval facilities, prior to the general amendment of this chapter by .
A prior section 7363 was renumbered .
Another prior section 7363, , , related to contract provisions for transfer of Navy equipment to private parties, prior to the general amendment of this chapter by .
A prior section 7364 was renumbered .
Another prior section 7364, , , related to advancement of funds by the Secretary of the Navy to private companies for salvage operations, prior to repeal by , , . See .
A prior section 7365, acts , ; , , , related to settlement of claims, prior to the general amendment of this chapter by . See .
A prior section 7366, , , related to limitation on appropriations for naval salvage facilities, prior to repeal by , , .
A prior section 7367, , , related to disposition of receipts, prior to the general amendment of this chapter by . See .
### Amendments
2018—, renumbered as this section.
Subsec. (a). , substituted “section 7344” for “section 3964”.
1994— amended section generally. Prior to amendment, section contained table with two formulas for recomputing retired pay of enlisted members and warrant officers of Army to reflect advancement on retired list.
1986— revised table generally by striking out provision in column 1 that for a person who first became a member of a uniformed service, as defined in section 1407(a)(2), after , one multiplier is the monthly retired pay base as computed under section 1407(c), substituting in formulas A and B provision that the retired pay base as computed under section 1406(c) or 1407 of this title be multiplied by the retired pay multiplier prescribed in for the number of years credited for provisions that the monthly basic pay or base and longevity pay, as the case may be, subject to footnote 1, of the grade to which the member is advanced on the retired list be multiplied by 2½% of years of service credited, subject to footnote 2, and have subtracted from it the excess over 75% of pay upon which the computation is based, struck out footnote 1, which provided that the computation be at the rate applicable on the date of retirement, and redesignated footnote 2 as 1 and substituted “In determining retired pay multiplier” for “Before applying percentage factor” and “1/12” for “one-twelfth”.
1983—, inserted “The amount recomputed, if not a multiple of $1, shall be rounded to the next lower multiple of $1.”
, (2)(G), in footnote 2 of table, substituted “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” for “Before applying percentage factor, credit a part of a year that is six months or more as a whole year, and disregard a part of a year that is less than six months”.
1982— added formula B, applicable to warrant officers.
1980— in heading for column 1 of table substituted “after ” for “on or after the date of the enactment of the Department of Defense Authorization Act, 1981”.
in heading for column 1 of table inserted provisions respecting applicability to persons becoming members after the date of the enactment of the Department of Defense Authorization Act, 1981.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2018 Amendment
Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
### Effective Date of 1994 Amendment
Amendment by applicable to computation of retired pay of any enlisted member who retires on or after , to computation of retainer pay of any enlisted member who is transferred to Fleet Reserve or Fleet Marine Corps Reserve on or after , and to recomputation of retired pay of any enlisted member who is advanced on retired list on or after , see , set out as a note under .
### Effective Date of 1983 Amendment
Amendment by effective , see , set out as a note under .
Amendment by applicable with respect to (1) the computation of retired or retainer pay of any individual who becomes entitled to that pay after , and (2) the recomputation of retired pay under this section, of any individual who after , becomes entitled to recompute retired pay under this section, see , set out as a note under .
### Effective Date of 1980 Amendment
Amendment by effective , see , set out as a note under .