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Page:United States Statutes at Large Volume 100 Part 1.djvu/708

 100 STAT. 672

PUBLIC LAW 99-344—JUNE 23, 1986

Public Law 99-344 99th Congress

-•-•''• Joint Resolution

June 23, 1986 [S.J. Res. 321]

To designate October 1986 as "National Down Syndrome Month".

Whereas the past decade has brought a greater and more enlightened attitude in the care and training of the developmentally disabled; Whereas one such condition which has undergone considerable reevaluation is that of Down syndrome—a problem which, just a short time ago, was often stigmatized as a mentally retarded condition which relegated its victims to lives of passivity in institutions and back rooms; Whereas, through the efforts of concerned physicians, teachers and parent groups such as the National Down Syndrome Congress, programs are being put in place to educate new parents of babies with Down syndrome; to develop special education classes within mainstreamed programs in schools; the provisions for vocational > training in preparation for competitive employment in the work force and to prepare young adults with Down syndrome for independent living in the community; Whereas the cost of such services designed to help individuals with Down syndrome move into their rightful place in our society is but a tiny fraction of the cost of institutionalization; Whereas along with this improvement in educational opportunities for those with Down syndrome is the advancement in medical science which is adding to a more brightened outlook for individuals born with this chromosomal configuration; and Whereas public awareness and acceptance of the capabilities of children with Down syndrome can greatly facilitate their being mainstreamed in our society: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 1986 is designated as "National Down Syndrome Month" and that the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe the designated month with appropriate programs, ceremonies, and activities. Approved June 28, 1986.

LEGISLATIVE HISTORY—S.J. Res. 321: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 22, considered and passed Senate. June 11, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/709

 PUBLIC LAW 99-345—JUNE 24, 1986

100 STAT. 673

Public Law 99-345 99th Congress Joint Resolution To provide for the temporary extension of certain programs relating to housing and community development, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Each provision of law amended by Public Law 99-289, is amended by striking out "June 6, 1986" wherever it appears and inserting in heu thereof "September 30, 1986". SEC. 2. The applicable limitation on additional commitments to insure mortgages and loans to carry out the purposes of the National Housing Act during fiscal year 1986 is increased by an additional $9,500,000,000 of mortgage and loan principal. Approved June 24, 1986.

LEGISLATIVE HISTORY—H.J. Res. 652: CONGRESSIONAL RECORD, Vol. 132 (1986): June 12, considered and passed House. June 18, considered and passed Senate, amended. June 19, House concurred in Senate amendment with amendment. June 23, Senate concurred in House amendment with amendment. June 24, House concurred in Senate amendment.

71-194 0 - 89 - 24: QL 3 Part i

June 24, 1986 [H.J. Res. 652]

Ante, p. 412. Loans, 12 USC 1721 f^^rc.f..r^^-i ^'^ ^^^

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 100 Part 1.djvu/710

 PUBLIC LAW 99-346—JUNE 30, 1986

100 STAT. 674

Public Law 99-346 99th Congress An Act June 30, 1986 [S. 1106]

Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act. Claims. Securities.

To provide for the use and distribution of funds appropriated in satisfaction of judgments awarded to the Saginaw Chippewa Tribe of Michigan in dockets numbered 57, 59, and 13E of the Indian Claims Commission and docket numbered 13F of the United States Claims Court, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 5* ^r.Q

SHORT TITLE; DEFINITIONS

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1. (a) This Act may be cited as the "Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act", (b) For purposes of this Act— (1) The term "tribe" means the Saginaw Chippewa Indian Tribe of Michigan. (2) The term "Tribal Council" means the Saginaw Chippewa Tribal Council. (3) The term "Secretary" means the Secretary of the Interior. SECTION

ABROGATION OF PRIOR PLAN

SEC. 2. Notwithstanding Public Law 93-134 (25 U.S.C. 1401 et seq.) or any plan prepared or regulation promulgated by the Secretary pursuant to such law— (1) the funds appropriated in satisfaction of judgments awarded the tribe in dockets numbered 59 and 13E of the Indian Claims Commission, and (2) the balance of any undistributed funds appropriated in satisfaction of the judgments awarded the tribe in docket numbered 57 of the Indian Claims Commission and docket numbered 13F of the United States Claims Court, and any interest or investment income accrued on the amount of such funds on or before the date of any transfer made pursuant to section 5 or 8 (less any attorneys' fees and court costs), shall be distributed and used in accordance with the provisions of this Act. INVESTMENT FUND

SEC. 3. (a)(1) The tribe, through the Tribal Council, shall establish a trust fund for the benefit of the tribe which shall be known as the "Investment Fund". The principal of the Investment Fund shall consist of— (A) the funds transferred by the Secretary to the Tribal Council pursuant to section 5(a), (B) the amounts required to be included in principal under subsection (c) or section 8(c), (C) such portion of the funds paid to the Tribal Council under section 8(a) as the Tribal Council may elect to add to the principal, and

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Page:United States Statutes at Large Volume 100 Part 1.djvu/711

 PUBLIC LAW 99-346—JUNE 30, 1986

100 STAT. 675

(D) such other amounts of the income of the Investment Fund which the Tribal Council may elect to retain and add to the principal. (2) The Tribal Council shall be the trustee of the Investment Fund and shall administer the Investment Fund in accordance with the provisions of this Act. (b)(1) The principal of the Investment Fund shall be used exclusively for investments or expenditures which the Tribal Council determines— (A) are reasonably related to— (i) economic development beneficial to the tribe, (or) (ii) the development of tribal resources, or (B) are otherwise financially beneficial to the tribe. (2) Under no circumstances shall any part of the principal of the Investment Fund be distributed in the form of per capita payments to the members of the tribe or used or expended for purposes other than investment or economic development projects and programs. (3) None of the income of the Investment Fund may be distributed or expended before the date that is 18 months after the date on which the amendments to the constitution of the tribe referred to in section 4(a) are adopted and ratified by the qualified voting members of the tribe (within the meaning of such constitution). (c) At least 10 percent of the income earned on the Investment Fund during each of the first 10 fiscal years of the Investment Fund beginning after such Investment Fund is established shall be retained in the Investment Fund and become part of the principal of the Investment Fund. (d)(1) The Investment Fund shall be maintained as a separate book account. (2) The books and records of the Investment Fund shall be audited at least once during each fiscal year of the Investment Fund (or before the end of the 3-month period beginning on the last day of such fiscal year) by an independent certified public accounting firm which shall prepare a report on the results of such audit. Such report shall be treated as a public document of the tribe and a copy of the report shall be available for inspection by an enrolled member of the tribe. (e)(l) From the funds described in section 2 and transferred to the Tribal 0)uncil pursuant to section 5(a), the sum of $1,000,000 shall be set aside within 90 days of receipt of such funds by the Tribal Council for the express purposes of establishing a separate Elderly Assistance Investment Fund. (2) Income generated by the Elderly Assistance Investment Fund shall be distributed on a per capita basis to each enrolled Tribal member who is 50 years of age or older on the date that is 18 months after the date on which the amendments to the constitution of the tribe referred to in section 4(a) are adopted and ratified by the qualified voting members of the tribe. (3) Tribal members entitled to participate in the distribution of such income shall submit verifiable documentation as to their age to the Tribal Council no later than the date that is 3 months after the date established pursuant to paragraph (2) of this subsection. The Tribal Council shall prepare and certify a list of all Tribal members entitled to participate in the distribution of income from the Elderly Assistance Investment Fund within 30 days following the above date.

Records. Reports.

Public information.

Aged persons.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/712

 100 STAT. 676

• ^ ^

PUBLIC LAW 99-346—JUNE 30, 1986

(4) Distribution of the income from the Elderly Assistance Investment Fund shall be made pursuant to the following terms and conditions: (A) No Tribal member certified to participate shall receive tsiij more than the aggregate sum of $3,000 from the income generated by the Elderly Assistance Investment Fund. (B) Payments shall be made to each Tribal member certified to participate on an equal pro-rata basis from the available income generated by the Elderly Assistance Investment Fund. (C) The initial per capita distribution shall be made no sooner than the date that is 30 days after the date that the Tribal Council certifies the list of eligible Tribal members pursuant to paragraph (3) nor no later than 120 days following such date. ^ (E) If succeeding per capita distributions are necessary to bring the aggregate payment to each Tribal member certified to participate to the sum of $3,000, such distribution shall be made on or before the anniversary date of the initial per capita distribution. (F) If any Tribal member certified to participate should die before receiving the initial or any succeeding per capita distribution, the payment which would have been paid to that individual shall be returned to the Elderly Assistance Investment Fund for distribution in accordance with this subsection. (5) When all Tribal members certified to participate in the per capita distribution have been paid the aggregate sum of $3,000, the principal sum of $1,000,000 together with any remaining interest of the Elderly Assistance Investment Fund shall revert back and become part of the Investment Fund established pursuant to subsection (a)(1): Provided, That, nothing in this subsection shall be construed to prevent the Tribal Council from establishing an Elderly Assistance Investment Fund or Program providing for per capita distributions or other programs for elderly Tribal members from the income of the Investment Fund and subject to such terms, conditions and eligibility criteria as the Tribal Council may provide. (6)(A) The Elderly Assistance Investment Fund shall be governed and subject to the same conditions as provided for in subsections (b) and (d) but not the provisions of subsection (c) of this section. (B) Any Elderly Assistance Investment Fund or Program which may be subsequently established by the Tribal Council shall be subject to the terms of this Act except that subsection (e) of this section shall not be applicable to such Fund or Program. ^^-'

TRIBAL CONSTITUTION

SEC. 4. (a) Notwithstanding any other provision of law, the Tribal Council may call a tribal election and, pursuant to such election, the tribe may adopt (without the approval of the Secretary) any amendments to the constitution of the tribe which were approved by the Tribal Council on April 15, 1985, in resolution L and O-03-85. (b) Any amendments to the constitution of the tribe other than the amendments referred to in subsection (a) may only be adopted in accordance with the provisions of such constitution and applicable Federal law and may not be adopted before the date that is 18 months after the date on which the amendments referred to in subsection (a) are adopted and ratified by the qualified voting members of the tribe.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/713

 PUBLIC LAW 99-346—JUNE 30, 1986

100 STAT. 677

(c) The adoption of any amendment referred to in subsection (a) to the constitution of the tribe shall take effect when such amendment is ratified by the qualified voting members of the tribe (within the meaning of such constitution). (d) The tribe shall submit to the Secretary a copy of any amendment to the constitution of the tribe referred to in subsection (a) within 10 days after the date on which such amendment is ratified by the qualified voting members of the tribe (within the meaning of such constitution). TRANSFER OF FUNDS BY THE SECRETARY

SEC. 5. (a) The Secretary shall transfer the funds described in section 2 (which have not previously been transferred to the Tribal Council under section 8(a) to the Tribal Council by no later than the date that is 60 days after the date on which the Secretary receives written notice of the adoption by the Tribal Council (in accordance with the constitution and bylaws of the tribe) of a resolution requesting the Secretary to make the transfer under this subsection if the amendments to the constitution of the tribe referred to in section 4(a) are adopted and ratified by the qualified voting members of the tribe (within the meaning of such constitution). (b)(1) Notwithstanding any other provision of law, the approval of the Secretary for any payment or distribution from the principal or income of the Investment Fund, after the transfer of funds pursuant to subsection (a), shall not be required and the Secretary shall have no trust responsibility for the investment, supervision, administration, or expenditure of the principal or income of the Investment Fund. (2) The Secretary may take such action as the Secretary may determine to be necessary and appropriate to enforce the requirements of this Act. After notice and hearing, the Secretary may take such action as the Secretary may determine to be necessary and appropriate to assume administration of the Investment Fund if it is determined that the Tribal Council has materially failed to administer the Investment Fund in accordance with the requirements of this Act. The Secretary shall provide whatever assistance may be necessary to the Tribal Council to correct any such deficiencies prior to any proposed Secretarial assumption of the administration of the Investment Fund and immediately thereafter, if necessary. The Secretary's Eissumption of the administration of the Investment Fund shall not exceed a period of 6 months. TREATMENT OF AMOUNTS PAID OR DISTRIBUTED FROM THE INVESTMENT FUND

SEC. 6. (a) No amount of any payment or distribution— Taxes. (1) from the principal or income of the Investment Fund, or (2) of any funds transferred to the Tribal Council under section 8(a) to any payee or distributee who is an enrolled member of the tribe shall be included in the gross income of the payee or distributee for purposes of any Federal, State, or local income tax. (b) Any payments or distributions described in subsection (a), and the availability of any amount for such payments or distributions, shall not be considered as income or resources or otherwise used as the basis for denying or reducing—

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Page:United States Statutes at Large Volume 100 Part 1.djvu/714

 100 STAT. 678 42 USC 1305.

PUBLIC LAW 99-346—JUNE 30, 1986 (1) any financial assistance or other benefit under the Social Security Act— .(A) to which any enrolled member of the tribe, or the household of any such member, is otherwise entitled, or (B) for which such member or household is otherwise eligible, or (2) any other— (A) Federal financial assistance, r (B) Federal benefit, or (C) benefit under any program funded in whole or in part by the Federal Government, to which such member or household is otherwise entitled or for which such member or household is otherwise eligible. WAIVERS OF SOVEREIGN IMMUNITY
 * -• vo

^

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SEC. 7. Notwithstanding any other provision of law, the tribe may execute limited waivers of the sovereign immunity of the tribe and consent to the civil jurisdiction of the courts of the State of Michigan with regard to the use as security for indebtedness of— (1) any amount of income of the Investment Fund which is not retained and added to the principal of the Investment Fund pursuant to subsection (a)(1)(D) or (c) of section 3, (2) a portion of the principal of the Investment Fund equal to the total amount, if any, of the funds transferred to the Tribal Council under section 8(a) that are added to the principal of the Investment Fund, (3) any funds transferred to the Tribal Council under section 8(a) that are not added to the principal of the Investment Fund and any interest or investment income accrued on such funds, or (4) any asset acquired by use of the income described in paragraph (1), or of the funds described in paragraph (3), which is not held in trust by the Secretary for the benefit of the tribe, if such waivers of sovereign immunity do not exceed individually or collectively the total amount or value of such security and such waivers specifically identify and limit the parties who have been granted the authority to bring an action against the tribe pursuant to such waiver. OPTIONAL USE OF DOCKET 57 FUNDS

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SEC. 8. (a) The Secretary shall transfer to the Tribal Council all or any portion of the undistributed funds appropriated in satisfaction of the judgment awarded the tribe in docket 57 of the Indian Claims Commission (including all interest and investment income accrued on such funds) which the tribe requests the Secretary to transfer under this subsection. Such transfer shall be made by no later than the date that is 60 days after the date on which the Secretary receives written notice of the adoption of a resolution by the Tribal Council (in accordance with the Constitution and bylaws of the tribe) requesting a transfer of funds under this subsection. (b) Any funds transferred to the Tribal Council under subsection (a) shall be subject to the same accounting and auditing requirements applicable to the Investment Fund under section 3(d). (c) At least 10 percent of the interest or investment income, if any, that accrues during each year of the 10-year period beginning on the

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Page:United States Statutes at Large Volume 100 Part 1.djvu/715

 PUBLIC LAW 99-346—JUNE 30, 1986

100 STAT. 679

date any transfer is made under subsection (a) on any funds held by, or on behalf of, the tribe which were transferred to the Tribal Council under subsection (a) shall be transferred to the Investment Fund and become part of the principal of the Investment Fund. NONDISCRIMINATION

SEC. 9. (a) Any distribution or expenditure or the income of the Investment Fund, and any program or activity funded, in whole or in part, by the principal or income of the Investment Fund, shall not discriminate against— (1) individuals who become members of the tribe after the date on which the amendments to the constitution of the tribe referred to in section 4(a) are adopted and ratified by the qualified voting members of the tribe (within the meaning of such constitution), or (2) members of the tribe who do not reside on the reservation of the tribe. (b)Any(1) expenditure for any improvement on the reservation of the tribe that can be enjoyed by all members of the tribe, or (2) program or activity conducted only on the reservation of the tribe in which any member of the tribe can participate, shall not be construed to be discriminatory for purposes of subsection (a) merely because the benefits of such improvement, program, or activity are more readily available to members of the tribe who reside on the reservation of the tribe. Approved June 30, 1986.

LEGISLATIVE HISTORY—S. 1106: HOUSE REPORT No. 99-502 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 99-119 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 131 (1985): July 31, considered and passed Senate. Vol. 132 (1986): June 10, considered and passed House, amended. June 16, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/716

 100 STAT. 680

PUBLIC LAW 99-347—JUNE 30, 1986

Public Law 99-347 99th Congress Joint Resolution June 30, 1986 [S.J. Res. 346]

^

To designate June 21, 1986, as "National Save American Industry and Jobs Day".

Whereas the United States has been a model of economic strength throughout history; Whereas the manufacturing industries of the United States have grown continuously, have created a high standard of living for Americans, and now generate more than $1,500,000,000,000 of the annual gross national product of the United States; Whereas the manufacturing industries of the United States have excelled in meeting the needs of consumers in the Nation and have responded to the needs of the United States and its allies during periods of armed conflict; Whereas the United States maintains a policy of allowing the products of foreign industry to be sold in the United States with few restrictions; Whereas such policy has helped to improve the economies of many foreign nations, particularly the economies of underdeveloped foreign nations; Whereas, in many cases, the retail price of imported goods is artificially low due to subsidies by foreign governments; Whereas the purchase of imported goods by consumers in the United States is having a detrimental effect on the manufacturing industries of the United States; Whereas the officers of many manufacturing companies in the United States are restructuring their companies at a rapid rate because of reduced demand for many of the products manufactured in the United States; Whereas such restructuring has included the closing of many plants and the resulting loss of many jobs; Whereas more than 8,500,000 workers in the United States are unemployed, sales of products manufactured in the United States are generally not increasing, and the rate of pay for workers who continue to be employed has become depressed; Whereas consumers in the United States should become aware of the origin of the goods such consumers purchase and the effect of buying imported goods on the manufacturing industries of the United States; and Whereas the accomplishments and needs of the manufacturing industries of the United States and all employees of such industries should be recognized: Now, therefore, be it

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Page:United States Statutes at Large Volume 100 Part 1.djvu/717

 PUBLIC LAW 99-347—JUNE 30, 1986

100 STAT. 681

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That June 21, 1986, is designated "National Save American Industry and Jobs Day", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved June 30, 1986.

LEGISLATIVE HISTORY—S.J. Res. 346: CONGRESSIONAL RECORD, Vol. 132 (1986): June 10, considered and passed Senate. June 19, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/718

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 682

Public Law 99-348 99th Congress July 1, 1986 [H.R. 4420] Military Retirement Reform Act of 1986. Armed Forces. 10 USC 1401 note.

An Act

To amend title 10, United States Code, to revise the retirement system for new members of the uniformed services, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 10, UNITED STATES CODE; TABLE OF CONTENTS

(a) SHORT TITLE.—This Act may be cited as the "Military Retirement Reform Act of 1986". (b) REFERENCES TO TITLE 10.—Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 10, United States Code. (c) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title; references to title 10, United States Code; table of contents. Sec. 101. Sec. 102. Sec. Sec. Sec. Sec.

103. 104. 105. 106.

TITLE 1—RETIREMENT PROGRAM AMENDMENTS Retired pay multiplier. Adjustments of retired and retainer pay to reflect changes in the Consumer Price Index. Restoral at age 62 of retired pay multiplier and cost-of-living adjustments. Consolidation of retired pay base provisions. Rules of construction for purposes of computing retired pay. Years of service for computing retired pay.

TITLE II—CONFORMING AMENDMENTS TO COMPUTATION OF RETIRED PAY Sec. 201. Retired pay computed under subtitle A. Sec. 202. Members of the Army. Sec. 203. Members of the Navy and Marine Corps. Sec. 204. Members of the Air Force. Sec. 205. Members of the Coast Guard. Sec. 206. Commissioned officers of the National Oceanic and Atmospheric Administration. Sec. 207. Commissioned officers of the Public Health Service. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305.

Sec. 306.

TITLE III—MISCELLANEOUS RETIREMENT PROVISIONS Survivor Benefit Plan annuities. Report on reserve retirement system. Definition. Technical and conforming amendments. Codification of permanent limitations on retired and retainer pay provided in appropriation Acts. Repeal of limitation on payments to accrual fund for fiscal year 1986.

TITLE IV—FISCAL YEAR 1986 UNAUTHORIZED APPROPRIATIONS Sec. 401. Authority for obligation of certain unauthorized fiscal year 1986 defense appropriations. Sec. 402. Limitation on obligation of certain unauthorized appropriations. Sec. 403. Authorized military construction project. ,. ^

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Page:United States Statutes at Large Volume 100 Part 1.djvu/719

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 683

TITLE V—MISCELLANEOUS PROVISIONS Sec. 501. Under Secretary of Defense for Acquisition. Sec. 502. Limitation on expenditure of funds to procure T-46 trainer aircraft. Sec. 503. Postponement of a certain Department of Defense contract.

^

TITLE I—RETIREMENT PROGRAM AMENDMENTS SEC. 101. RETIRED PAY MULTIPLIER Chapter 71 (relating to computation of retired pay) is amended by adding at the end the following new section: "§ 1409. Retired pay multiplier

lo use 1409

"(a) RETIRED PAY MULTIPLIER FOR REGULAR-SERVICE NONDISABILITY RETIREMENT.—In computing—

"(1) the retired pay of a member of a uniformed service who is retired under any provision of law other than— "(A) chapter 61 of this title (relating to retirement or separation for physical disability); or "(B) chapter 67 of this title (relating to retirement for non-regular service); or "(2) the retainer pay of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 6330 of this title, the retired pay multiplier (or retainer pay multiplier) is the percentage determined under subsection (b). "(b) PERCENTAGE.— "(1) GENERAL RULE.—Subject to paragraphs (2) and (3), the

J ^ ' ' J

^

percentage to be used under subsection (a) is the product (stated as a percentage) of— "(A) 21/2, and "(B) the member's years of creditable service (as defined in subsection (c)). "(2)

REDUCTION APPLICABLE TO NEW-RETIREMENT MEMBERS

WITH LESS THAN 30 YEARS OF SERVICE.—In the case of a member who first became a member of a uniformed service after July 31, 1986, has less than 30 years of creditable service, and is under the age of 62 at the time of retirement, the percentage determined under paragraph (1) shall be reduced by— "(A) 1 percentage point for each full year that the mem'^ ber's years of creditable service are less than 30; and \ "(B) Via of 1 percentage point for each month by which the member's years of creditable service (after counting all full years of such service) are less than a full year. "(3) 75 PERCENT LIMIT.—In the case of a member with more than 30 years of creditable service, the percentage to be used under subsection (a) is 75 percent. "(c) YEARS OF CREDITABLE SERVICE DEFINED.—In this section, the term 'years of creditable service' means the number of years of service creditable to a member in computing the member's retired or retainer pay (including Vx2 of a year for each full month of service that is in addition to the number of full years of service of the member).". SEC. 102. ADJUSTMENTS OF RETIRED AND RETAINER PAY TO REFLECT CHANGES IN THE CONSUMER PRICE INDEX (a) IN GENERAL.—Section 1401a (relating to adjustments in retired pay to reflect changes in the Consumer Price Index) is amended by

lo use 1201 et «^910 USC 1331 et
 * ^9Post, p. 696.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/720

 100 STAT. 684

PUBLIC LAW 99-348—JULY 1, 1986

striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: "(b) CosT-oF-LiviNG ADJUSTMENTS BASED ON C P I INCREASES.—

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1

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"(1) IN GENERAL.—Effective on December 1 of each year, the Secretary of Defense shall increase the retired pay of members and former members entitled to that pay in accordance with paragraphs (2) and (3). "(2) PRE-AUGUST 1, 1986 MEMBERS.—The Secretary shall increase the retired pay of each member and former member who first became a member of a uniformed service before August 1, 1986, by the percent (adjusted to the nearest one-tenth of 1 percent) by which— ,, "(A) the price index for the base quarter of that year, exceeds gj ^ "(B) the base index. "(3) PosT-AUGUST 1, 1986 MEMBERS.—If the percent determined under paragraph (2) is greater than 1 percent, the Secretary shall increase the retired pay of each member who first became a member on or after August 1, 1986, by the difference between— "(A) the percent determined under paragraph (2); and "(B) 1 percent. "(4) REGULATIONS.—Any increase in retired pay under this subsection shall be made in accordance with regulations prescribed by the Secretary of Defense. "(c) RULE FOR FIRST ADJUSTMENT AFTER RETIREMENT WITH INTERVENING INCREASE IN BASIC PAY.—Notwithstanding subsection (b), if

a member or former member of an armed force who first became a member of a uniformed service before August 1, 1986, becomes entitled to retired pay based on rates of monthly basic pay that became effective after the last day of the calendar quarter of the base index, the retired pay of the member or former member shall be increased on the effective date of the next adjustment of retired pay under subsection (b) only by the percent (adjusted to the nearest one-tenth of 1 percent) by which— "(1) the price index for the base quarter of that year, exceeds "(2) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective. "(d) RULE FOR FIRST ADJUSTMENT AFTER RETIREMENT WITH N O INTERVENING INCREASE IN BASIC PAY.—If a member or former

member of an armed force who first became a member of a uniformed service before August 1, 1986, becomes entitled to retired pay on or after the effective date of an adjustment in retired pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay, the retired pay of the member or former member shall be increased, effective on the date the member becomes entitled to that pay, by the percent (adjusted to the nearest one-tenth of 1 percent) by which— "(1) the base index, exceeds "(2) the price index for the calendar quarter immediately before the calendar quarter in which the rates of monthly basic pay on which the retired pay is based became effective. "(e) PRO RATING

OF INITIAL

ADJUSTMENT.—Notwithstanding

subsection (b), the retired pay of a member of an armed force who first became a member of a uniformed service on or after August 1, 1986, shall be increased on the effective date of the first adjustment

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Page:United States Statutes at Large Volume 100 Part 1.djvu/721

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 685

of retired pay under subsection (b) after the member becomes entitled to retired pay only by the percent (adjusted to the nearest onetenth of 1 percent) by which— "(1) the price index for the base quarter of that year, exceeds "(2) the price index for the calendar quarter immediately before the calendar quarter in which the member became enti> tied to retired pay.". ., (b) DEFINITIONS.—Such section is further amended— (1) by striking out the second sentence of subsection (a); and (2) by striking out subsection (g) and inserting in lieu thereof I the following: "(g) DEFINITIONS.—In this section: "(1) The term 'price index' means the Consumer Price Index (all items, United States city average) published by the Bureau of Labor Statistics. "(2) The term 'base quarter' means the calendar quarter ending on September 30 of each year. "(3) The term 'base index' means the price index for the base ' quarter for the most recent adjustment under subsection (b). "(4) The term 'retired pay' includes retainer pay. "(h) PRICE INDEX FOR A QUARTER.—For purposes of this section, the price index for a calendar quarter is the arithmetical mean of the price index for the three months comprising that quarter.".

H.; >.^K

 * q a.

(c) TECHNICAL AMENDMENTS.—

(1) Subsection (a) of such section is amended—

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(A) by inserting "PROHIBITION ON RECOMPUTATION TO REFLECT INCREASES IN BASIC P A Y. — " after "(a)"; and

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(B) by striking out "or retainer". (2) Subsection (f) of such section is amended— (A) by inserting "PREVENTION OF PAY INVERSIONS.—"

after "(f)"; and (B) by striking out "or retainer" each place it appears.

SEC. 103. RESTORAL AT AGE 62 OF RETIRED PAY MULTIPLIER AND COSTOF-LIVING ADJUSTMENTS

Chapter 71 (relating to computation of retired pay) is amended by adding after section 1409 (as added by section 101) the following new section:

.^^,

"§ 1410. Restoral of full retirement amount at age 62 for members lo use 1410. entering on or after August 1, 1986 "(a) GENERAL RULE.—In the case of a member who first became a member of a uniformed service on or after August 1, 1986, and who becomes entitled to retired pay before the age of 62, the retired pay of such member shall be recomputed, effective on the first day of the first month beginning after the member attains 62 years of age, so as to be the amount equal to— "(1) the amount of the member's initial unreduced retired pav, increased by ^; '(2) the percent (adjusted to the nearest one-tenth of 1 percent) by which— '(A) the price index for the most recent base quarter ri attains 62 years of age, exceeds "(B) the price index for the calendar quarter immediately before the date the member first became entitled to retired pay.
 * ,.j ending more than 31 days before the date the member

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/722

 100 STAT. 686

PUBLIC LAW 99-348—JULY 1, 1986 "(b) DEFINITIONS.—

Ante, p. 683.

Ante, p. 683.

10 USC 1338.

10 USC 1406.

"(1) In this section, the term 'initial unreduced retired pay' means the amount of retired pay— efc ^ "(A) to which the member was entitled when the member first became entitled to retired pay; or "(B) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, to which the member would have been entitled on the date of the member's retirement without regard to that section. "(2) The definitions in subsection (g), and the provisions of subsection (h), of section 1401a of this title apply to this section.". SEC. 104. CONSOLIDATION OF RETIRED PAY BASE PROVISIONS (a) TRANSFER OF SECTION 1406.—Section 1406 is transferred to the end of chapter 67, redesignated as section 1338, and amended— (1) by designating the first sentence as subsection (a) and striking out "chapter 67 of this title" both places it appears therein and inserting in lieu thereof "this chapter"; and (2) by designating the second sentence as subsection (b). (b) CONSOLIDATION OF STATUTES.—Chapter 71 (relating to the computation of retired pay) is amended by striking out section 1407 and inserting in lieu thereof the following: "§ 1406. Retired pay base for members who first became members before September 8, 1980: final basic pay "(a) U S E OF RETIRED PAY BASE IN COMPUTING RETIRED PAY.— "(1) GENERAL RULE.—The retired pay or retainer pay of any

uniformed service before September 8, 1980, is computed using .Eii the retired pay base or retainer pay base determined under this ^^. section. "(2) EXCEPTION FOR RECOMPUTATION.—Recomputation of re-
 * -. person entitled to that pay who first became a member of a

Post, p. 694. 1

>c. J I

tired or retainer pay to reflect later active duty is provided for under section 1402 of this title without reference to a retired pay base or retainer pay base. "(b) RETIREMENT UNDER SUBTITLE A.—In the case of a person whose retired pay is computed under this subtitle, the retired pay base is determined in accordance with the following table. "For a member entitled to retired pay under section:

The retired pay base is:

1201 1202 1204 1205

Monthly basic pay' of grade to which member is entitled under section 1372 or to which he was entitled on day before retirement or placement on temporary disability retired list, whichever is higher.

b-Jlii^n k-tji>

 * ^-.•••: i'

Monthly basic pay^ of highest grade held satisfactory by person at any time in the armed forces.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/723

 PUBLIC LAW 99-348—JULY 1, 1986 "For a member entitled to retired pay under section: Bril fririv,

100 STAT. 687

The retired pay base is:

564 1263 1293 1305

Monthly basic pay to which member would have been entitled if he had served on active duty in his retired grade on day before retirement, or if the pay of that grade is less than the pay of any warrant grade satisfactorily held by him on active duty, the monthly basic pay of that warrant officer grade.

633 634 635 636 1251

Monthly basic pay^' of member's retired grade.*

• Compute at rates applicable on date of retirement or date when member's name Was placed on temporary disability retired list, as the case may be. 2 Compute at rates applicable on date when retired pay is granted. ^ Compute at rates applicable on date of retirement. • For the purposes of this subsection, determine member's retired grade as if sections 3962(b) and 8962(b) did not apply.

"(c) VOLUNTARY RETIREMENT FOR MEMBERS OF THE ARMY.—

"(1) IN GENERAL.—In the case of a member whose retired pay is computed under section 3991 of this title or who is entitled to retired pay computed under section 3992 of this title, the retired pay base is determined in accordance with the following table. "For a member entitled to retired pay under section:

The retired pay base is:

3911 3918 3920 3924

Monthly basic pay of member's retired grade.'

3914 3917

Monthly basic pay to which member was entitled on day before he retired.

3992

Post, p. 694. Post, p. 695.

Monthly basic pay of grade to which member is advanced on retired list.

h'rnn,

,.

' For the purposes of this subsection, determine member's retired grade as if section 3962(b) did not apply.

"(2) RATE OF BASIC PAY TO BE USED.—The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member's retirement. "(d) RETIREMENT FOR MEMBERS OF THE NAVY AND MARINE CORPS.—

In the case of a member whose retired pay is computed under section 6333 of this title, who is advanced on the retired list under section 6151 of this title, or who is entitled to retainer pay under section 6330 of this title, the retired pay base or retainer pay base is determined in accordance with the following table.

Post, p. 695. Post, p. 696.

'^

�


text: The Yellow Book/Volume 6/The Crimson Weaver


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/724

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 688

'For a member entitled to retired or retainer pay under section:

The retired pay base or retainer pay base is:

6323 6325(a) 6383

Basic pay of the grade in which the member retired.'

6325(b)

Basic pay of the grade the officer would hold if he had not received an appointment described in section 6325(b).

6326

Basic pay of the pay grade in which the member was serving on the day before retirement.

6330

Basic pay that the member received at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve.

6151

Basic pay of the grade to which the member is advanced under section 6151.

' If the rate specified is less than the pay of any warrant officer grade satisfactorily held by the member on active duty, use the monthly basic pay of that warrant officer grade. "(e) VOLUNTARY RETIREMENT FOR MEMBERS OF THE AIR FORCE.— Post, p. 697. Post, p. 698.

"(1) IN GENERAL.—In the case of a member whose retired pay is computed under section 8991 of this title or who is entitled to retired pay computed under section 8992 of this title, the retired pay base is determined in accordance with the following table. "For a member entitled to retired pay under section:

The retired pay base is:

8911 8918 8920 8924

Monthly basic pay of member's retired grade.'

,?}£*»,

8914 8917 -.,.;x.i-^

.

.

8992

Monthly basic pay to which member was entitled on day before he retired. ,^.,,,....„.

Monthly basic pay of grade to which member is advanced on retired list.

' For the purposes of this subsection, determine member's retired grade as if section 8962(b) did not apply.

Post, p. 699.

"(2) RATE OF BASIC PAY TO BE USED.—The rate of basic pay to be used under paragraph (1) is the rate applicable on the date of the member's retirement. "(f) COAST GUARD.—In the case of a member who is retired under any section of title 14, the member's retired pay is computed under section 423(a) of title 14 in the manner provided in that section. "(g) COMMISSIONED CORPS OF NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION.—In the case of an officer whose retired pay is

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/725

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 689

computed under section 16 of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853o), the retired pay 33 USC 853o. base is the basic pay of the rank with which the officer retired. "(h) COMMISSIONED CORPS OF PUBLIC HEALTH SERVICE.—In the case of an officer who is retired under section 210(g) or 211(a) of the Public Health Service Act (42 U.S.C. 211(g), 212(a)), the retired pay Pos^, pp. 701,702. base is determined as follows: "(1) MANDATORY RETIREMENT.—If the officer is retired under section 210(g) of such Act, the retired pay base is the basic pay of the permanent grade held by the officer at the time of
 * n

retirement. "(2) VOLUNTARY RETIREMENT.—If the officer is retired under section 211(a) of such Act, the retired pay base is the basic pay of the highest grade held by the officer and in which, in the case <of a temporary promotion to such grade, the officer has per' formed active duty for not less than six months. "(i) SPECIAL RULE FOR FORMER CHAIRMEN OF THE J C S, CHIEFS OF SERVICE, AND SENIOR ENLISTED MEMBERS.—

"(1) IN GENERAL.—For the purposes of subsections (b) through (e), in determining the rate of basic pay to apply in the determination of the retired pay base of a member who has served as Chairman of the Joint Chiefs of Staff, as a Chief of Service, or as the senior enlisted member of an armed force, the highest rate of basic pay applicable to the member while serving in that position shall be used, if that rate is higher than the rate otherwise authorized by this section. "(2) DEFINITIONS.—In this subsection: «... "(A) The term 'Chief of Service' means any of the following: a.'] s "(i) Chief of Staff of the Army, "(ii) Chief of Naval Operations, "(iii) Chief of Staff of the Air Force. "'•' "(iv) Commandant of the Marine Corps. i, "(v) Commandant of the Coast Guard. "(B) The term 'senior enlisted member' means any of the •..' ^ following: "(i) Sergeant Major of the Army. ^'i. "(ii) Master Chief Petty Officer of the Navy, "(iii) Chief Msister Sergeant of the Air Force. "(iv) Sergeant Major of the Marine Corps. "(v) Master Chief Petty Officer of the Coast Guard. "§ 1407. Retired pay base for members who first became members lo use 1407. after September 7, 1980: high-36 month average "(a) U S E OF RETIRED PAY BASE IN COMPUTING RETIRED PAY.—The

retired pay or retainer pay of any person entitled to that pay who first became a member of a uniformed service after September 7, 1980, is computed using the retired pay base or retainer pay base determined under this section. "(b) HIGH-THREE AVERAGE.—The retired pay base or retainer pay base of a member under this section is the member's high-three average determined under subsection (c). "(c) COMPUTATION OF HIGH-THREE AVERAGE.—

"(1) FORMULA.—For the purposes of this section, a member's high-three average is the amount equal to—

"'

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/726

 100 STAT. 690

PUBLIC LAW 99-348—JULY 1, 1986 "(A) the total amount of monthly basic pay to which the member was entitled for the member's high-36 months, divided by, . "(B) 36. " -" -^"^

. >:;)8iT 8i, > >

mv,iin q(! ^!>AA \'- !

"(2) HlGH-36 MONTHS DEFINED.— "(A) GENERAL RULE.—A member's

high-36 months are the 36 months out of all the months of active duty served by the member as a member of a uniformed service for which the monthly basic pay to which the member was entitled k -J..:..... was the highest. "(B)

RULE FOR NON-REGULAR SERVICE RETIREES.—In

the

case of a member who is entitled to retired pay under section 1204 or 1205 of this title or under chapter 67 of this 10 USC 1331 et title, a member's high-36 months are the 36 months out of service before becoming entitled to retired pay for which ^30.yisjfi the monthly basic pay to which the member would have been entitled had he served on active duty during those months was the highest. "(d) LIMITATION FOR ENLISTED MEMBERS RETIRING WITH LESS THAN 30 YEARS' SERVICE.—In the case of a member who is retired
 * ^9all the months the member was a member of a uniformed

Post, p. 696.

under section 3914 or 8914 of this title or who is transferred to the Fleet Reserve or Fleet Marine Corps Reserve under section 6330 of this title, the member's high-36 average shall be computed using only rates of basic pay applicable to months of active duty of the member as an enlisted member. "(e) SPECIAL RULES FOR SHORT-TERM DISABILITY RETIREES.— "(1) MEMBERS ENTITLED TO RETIRED PAY UNDER SECTION 1201 OR

9ifj

1202.—In the case of a member who— "(A) is entitled to retired pay under section 1201 or 1202 of this title; and "(B) served on active duty for less than 36 months, the months (including any fraction thereof) that the member served on active duty shall be deemed to be the member's high36 months. "(2) MEMBERS ENTITLED TO RETIRED PAY UNDER SECTION 1204 OR

I,
 * 'UI 3B J):

1205.—In the case of a member who— "(A) is entitled to retired pay under section 1204 or 1205 of this title; and "(B) was a member of a uniformed service for less than 36 months, the months (including any fraction thereof) that the member was such a member shall be deemed to be the member's high-36 months.

"(f) SPECIAL RULE FOR MEMBERS RETIRING WITH NON-REGULAR SERVICE.— "(1) DISABILITY RETIREMENT.—In the case of a member of a

uniformed service who is entitled to retired pay under section 1204 or 1205 of this title (relating to members on active duty for ,.. 30 days or less), the high-36 average is determined as if the ^^]^ member served on active duty and was entitled to basic pay for the member's high-36 months. "(2) CHAPTER 67 RETIREMENT.—In the case of a person who is „« entitled to retired pay under section 1331 of this title (relating to retired pay for non-regular service), the person's high-36

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/727

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 691

average is determined as if the person served on active duty and was entitled to basic pay for the person's high-36 months. "(g) DEFINITION.—In this section, the term 'years of creditable service' means the number of years of service creditable to a member in computing the member's retired or retainer pay (including Vi2 of a year for each full month ofservice that is in addition to the number of full years ofservice of the member).". (c) CONFORMING AMENDMENTS.—

(1) Sections 5083 and 5201(c) are each amended by striking out the last sentence. (2) Section 6325(c) is amended by striking out the last sentence. SEC. 105. RULES OF CONSTRUCTION FOR PURPOSES OF COMPUTING RETIRED PAY Chapter 71 (relating to computation of retired pay) is amended by adding after section 1410 (as added by section 103) the following new sections: "§ 1411. Rules of construction

10 USC 1411.

"(a) CONSTRUCTION OF 'FIRST BECAME A MEMBER'.—For purposes of

this chapter and other provisions of law providing for computation of retired or retainer pay of members of the uniformed services, a person shall be considered to first become a member of a uniformed service on the date the person is first enlisted, inducted, or appointed in a uniformed service. "(b) REFERENCES IN TABLES.—Section references in tables in this chapter are to sections of this title. "§ 1412. Rounding to next lower dollar 10 USC 1412. "Amounts computed under this chapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". SEC. 106. YEARS OF SERVICE FOR COMPUTING RETIRED PAY Section 1405 (relating to determination of years of service for computation of retired pay) is amended— (1) by striking out the matter preceding clause (1) and inserting in lieu thereof "(a) IN GENERAL.—For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding—"; and (2) by adding at the end the following: "(b) FRACTIONAL YEARS OF SERVICE.—In determining a member's

years of service under subsection (a)— "(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as Vi 2 of a year; and "(2) any remaining fractional part of a month shall be disregarded.". TITLE II—CONFORMING AMENDMENTS TO COMPUTATION OF RETIRED PAY SEC. 201. RETIRED PAY COMPUTED UNDER SUBTITLE A (a) DOPMA OFFICERS AND WARRANT OFFICERS.—Section 1401 (relating to computation of retired pay) is amended—

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/728

 100 STAT. 692

PUBLIC LAW 99-348—JULY 1, 1986 (1) by inserting "(a) DISABILITY, NON-REGULAR SERVICE, WARRANT OFFICER, AND D O P M A RETIREMENT.—" before "The

monthly"; (2) by striking out the third, fourth, and fifth sentences; (3) by striking out column 1 of the table and inserting in lieu thereof the following: aTio"Column 1 Take

JUO

1., ', • ..;

Retired pay base as computed under section 1406(b) or 1407.

>

iwA-r

,

Retired pay base as computed under section 1406(b) or 1407. Retired pay base as computed under section 1406(b) or 1407.

\

-.

•

Retired pay base as computed under section 1406(b) or 1407.

airii

Retired pay base as computed under section 1406(b) or 1407.";

'X-J'j'^-^,

O; ••>">. ^

(4) by striking out the matter relating to formulas 4 and 5 under columns 2, 3, and 4 of the table and inserting in lieu thereof the following: , j^^jj,, j. ^,. _ "The retired pay multiplier prescribed in section 1409(a) for the years of service credited to him under section 1405 911j

The retired pay multiplier prescribed in section 1409(a) for the years of service credited to him under section 1405.";

(5) by striking out "pay" each place it appears in columns 3 and 4 of the table and inserting in lieu thereof "retired pay base"' (6) by striking out footnotes 1, 2, 4, and 5 of the table and redesignating footnote 3 as footnote 1; "!/,' ( t

''

\t

''»!*•

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/729

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 693

(7) by redesignating the references to footnote 3 in column 2 of the table to conform to the redesignation made by paragraph (6); and (8) by adding at the end the following new subsection: "(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.". (b) RECOMPUTATION FOR LATER ACTIVE DUTY.— (1) FORMULA FOR RECOMPUTATION OF NEW RETIREMENT MEM-

BERS.—Subsection (a) of section 1402a (relating to recomputation of retired or retainer pay to reflect later active duty of members who first became members after September 7, 1980) is amended to read as follows: "(a) IN GENERAL.—A member of an armed force— "(1) who first became a member of a uniformed service after September 7, 1980; "(2) who has become entitled to retired pay or retainer pay; and "(3) who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon release from that duty according to the following table. "Column 1 Take

Column 2 Multiply by

Retired pay base or retainer pay base The retired pay multiplier or retainer under section 1407 which he would be pay multiplier prescribed in section entitled to use if— 1409 for the sum of^ (1) he were retiring upon release (1) the years of service that may be from that active duty; or credited to him in computing retired pay or retainer pay; and (2) he were transferring to the Fleet (2) his years of active service after Reserve or Fleet Marine Corps Rebecoming entitled to retired pay or serve upon that release from active retainer pay.". duty.

(2) TECHNICAL AMENDMENTS.—Such amended—

section

is

further

(A) by inserting " N E W DISABILITY INCURRED DURING LATER ACTIVE DUTY.—" in subsection (b) after "(b)"; (B) by inserting "ADDITIONAL OR AGGRAVATED DISABILITY INCURRED DURING LATER ACTIVE DUTY.—" in subsection (c)

after "(c)"; (C) in subsection (d)— (i) by inserting "COMPUTATION FOR LATER DISABIL-

^.

iTY.—" after "(d)"; (ii) by striking out the second sentence; and (iii) by striking out "monthly" both places it appears in the table; and

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/730

 100 STAT. 694

PUBLIC LAW 99-348—JULY 1, 1986 (D) by inserting "ALTERNATIVE RECOMPUTATION TO SUBSECTION (a) FORMULA.—" in subsection (e) after "(e)". (3) CONFORMING AMENDMENTS.—Section 1402 is amended by

Post, p. 703.

striking out the second sentence of subsections (a) and (d). SEC. 202. MEMBERS OF THE ARMY

,,

(a) INITIAL COMPUTATION OF RETIRED PAY.—The text of section 3991 (relating to computation of retired pay) is amended to read as follows: "(a) COMPUTATION.—

"(1) IN GENERAL.—The monthly retired pay of a member entitled to such pay 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 the steps prescribed opposite it in columns 1 and 2. "Formula A

B

"

f-'-

Column 2 Multiply by

Column 1 Take

3911 3918 3920 3924

The retired pay Retired pay base as multiplier prescribed computed under section 1406(c) or 1407. in section 1409 for the years of service credited to him under section 1405.

3914 3917

eafesJ^i;

'•^''

For Sections

Retired pay base as computed under section 1406(c) or 1407. i: '

' '•t»i,.->''i-'

f.

The retired pay multiplier prescribed in section 1409 for the years of service credited to him under section 3925.

"(2) ADDITIONAL lo PERCENT FOR CERTAIN ENLISTED MEMBERS CREDITED WITH EXTRAORDINARY HEROISM.—If a member who is

retired under section 3914 of this title has been credited by the Secretary of the Army with extraordinary heroism in the line of duty, the member's retired pay shall be increased by 10 percent of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based). The Secretary's determination as to extraordinary heroism is conclusive for all purposes. '(b) GENERAL RULES.— "(1) USE OF MOST FAVORABLE FORMULA.—If

Ante, p. 691.

a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or the table in section 1401 of this title, he is entitled to be paid under the applicable formula that is most favorable to him. "(2) ROUNDING TO NEXT LOWER DOLLAR.—The amount computed under subsection (a), if not a multiple of $1, shall be rounded to the next lower multiple of $1.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/731

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 695

"(3) REFERENCES.—Section references in the table in subsection (a) are to sections of this title.", (b) RECOMPUTATION FOR ENLISTED MEMBERS AND WARRANT OFFICERS ADVANCED ON THE RETIRED LIST.—The table in section 3992

(relating to recomputation of retired pay to reflect advancement on retired list) is amended to read as follows: Column 2 Multiply by

Column 1 Take

"Formula A

Retired pay base as computed The retired pay multiplier prescribed in section 1409 of this under section 1406(c) or 1407 title for the number of years of this title. credited to him under section 3925 of this title.!

B

Retired pay base as computed The retired pay multiplier prescribed in section 1409 of this under section 1406(c) or 1407 of this title. title for the number of years credited to him under section 1405 of this title.

' In determining retired pay multiplier, credit each full month of service that is in addition to the number of full years of service creditable to the member as Via of a year and disregard any remaining fractional part of a month.".

(c) CONFORMING AMENDMENT.—Section 3925 is amended by adding at the end the following new subsection: "(c) In determining a member's years of service under subsection (a) for the purpose of computing the member's retired pay under Ante, p. 694. section 3991 of this title— "(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as Vi 2 of a year; and "(2) any remaining fractional part of a year shall be disregarded." SEC. 203. MEMBERS OF THE NAVY AND MARINE CORPS (a) RETIRED AND RETAINER PAY FORMULA.—Section 6333 is amended to read as follows: 10 USC 6333. "§ 6333. Computation of retired and retainer pay "(a) The monthly retired pay or retainer pay of a member entitled to such pay under this chapter or under section 6383 of this title is Post, p. 696. computed in accordance with the following table.

"Formula A

For sections

Column 1 Take

Column 2 Multiply by

6325(a) 6326

Retired pay base computed under section 1406(d) or 1407.

75 percent.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/732

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 696

For sections

Column 1 Take

Column 2 Multiply by

B

6323 6325(b) 6383

Retired pay base computed under section 1406(d) or 1407.

Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405.

C

6330

Retainer pay base computed under section 1406(d) or 1407.

Retainer pay multiplier prescribed under section 1409 for his years of active service in the armed forces.

"Formula

"(b)(1) Retired pay or retainer pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1. "(2) References in the table in subsection (a) are to sections of this title.". (b) CONFORMING AMENDMENTS.—

10 USC 6322. Ante, p. 695.

(1) Section 6322 is amended by striking out subsection (c). (2) Section 6323(e) is amended by striking out "retired pay—" and all that follows and inserting in lieu thereof "retired pay computed under section 6333 of this title.". (3) Section 6325 is amended by striking out "retired pay—" in subsections (a)(2) and (b)(2) and all that follows in those subsections and inserting in lieu thereof "retired pay computed under section 6333 of this title.". (4) Section 6326(c)(2) is amended by striking out "retired pay—" and all that follows and inserting in lieu thereof "retired, pay computed under section 6333 of this title.". (5) Section 6328 is repealed. (6) Section 6330(c) is amended— (A) by striking out "retainer pay—" in paragraph (1) and a, - j all that follows in that paragraph and inserting in lieu thereof "retainer pay computed under section 6333 of this title."; and (B) by striking out paragraph (4). i, vj ii • ' ..-.• (7) Section 6383 is amended— (A) by striking out "retired pay—' in subsection (c)(2) and all that follows in that subsection and inserting in lieu thereof "retired pay computed under section 6333 of this title."; and (B) by striking out subsection (k). (c) MEMBERS ADVANCED ON RETIRED LIST.—Section 6151 (relating

to higher retired grade and pay for members who serve satisfactorily under temporary appointments) is amended by striking out subsections (b) and (c) and inserting in lieu thereof the following: "(b) Each member (other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve) who is advanced on the retired list under this section is (unless otherwise entitled to higher retired pay) entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/733

 PUBLIC LAW 99-348—JULY 1, 1986 'Column 1 Take

100 STAT. 697

Column 2 Multiply by

Retired pay base computed under sec- Retired pay multiplier prescribed under tion 1406(d) or 1407. section 1409 for the years of service that may be credited to him under section 1405.

"(c) Each former member of the Fleet Reserve or the Fleet Marine Corps Reserve who is advanced on the retired list under this section is entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title. 'Column 1 Take

Column 2 Multiply by

Retired pay base computed under sec- Retired pay multiplier prescribed under tion 1406(d) or 1407. section 1409 for the number of years of service creditable for his retainer pay at the time of retirement.". SEC. 204. MEMBERS OF THE AIR FORCE

(a) INITIAL COMPUTATION OF RETIRED PAY.—The text of section 8991 (relating to computation of retired pay) is amended to read as follows: "(a) COMPUTATION.—

"(1) IN GENERAL.—The monthly retired pay of a member entitled to such pay 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 the steps prescribed opposite it in columns 1 and 2. "Formula

For sections

Column 1 Take

Column 2 Multiply by

A

8911 8918 8920 8924

Retired pay base as com- The retired pay multiplier prescribed in section puted under section 1406(e) or 1407. 1409 for the years of service credited to him under section 1405.

B

8914 8917

Retired pay base as com- The retired pay multiplier prescribed in section puted under section 1406(e) or 1407. 1409 for the years of service credited to him under section 8925.

10 USC 8991.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/734

 100 STAT. 698

PUBLIC LAW 99-348—JULY 1, 1986 "(2) ADDITIONAL lo PERCENT FOR CERTAIN ENLISTED MEMBERS

CREDITED WITH EXTRAORDINARY HEROISM.—If a member who is retired under section 8914 of this title has been credited by the Secretary of the Air Force with extraordinary heroism in the line of duty, the member's retired pay shall be increased by 10 - percent of the amount determined under paragraph (1) (but to not more than 75 percent of the retired pay base upon which the computation of such retired pay is based). The Secretary's determination as to extraordinary heroism is conclusive for all purposes. "(b) GENERAL RULES.— "(1) USE OF MOST FAVORABLE FORMULA.—If

Ante, p. 691.

'

a person would otherwise be entitled to retired pay computed under more than one formula of the table in subsection (a) or the table in section 1401 of this title, he is entitled to be paid under the applicable formula that is most favorable to him. "(2) ROUNDING TO NEXT LOWER DOLLAR.—The amount computed under subsection (a), if not a multiple of $1, shall be rounded to the next lower multiple of $1. "(3) REFERENCES.—Section references in the table in subsection (a) are to sections of this title.",

(b) RECOMPUTATION FOR ENLISTED MEMBERS AND WARRANT OFFICERS ADVANCED ON THE RETIRED LIST.—The table in section 8992

(relating to recomputation of retired pay to reflect advancement on retired list) is amended to read as follows: "Formula

Column 1 Take

Column 2 Multiply by

A

Retired pay base as computed The retired pay multiplier prescribed in section 1409 of this under section 1406(e) or 1407 title for the number of years of this title. credited to him under section 8925 of this title.'

B

Retired pay base as computed The retired pay multiplier prescribed in section 1409 of this under section 1406(e) or 1407 title for the number of years of this title. credited to him under section 1405 of this title.

' In determining retired pay multiplier, credit each full month of service that is in addition to the number of full years of service creditable to the member as Vi 2 of a year and disregard any remaining fractional part of a month.".

Ante, p. 697.

(c) CONFORMING AMENDMENT.—Section 8925 is amended by adding at the end the following new subsection: "(c) In determining a member's years of service under subsection (a) for the purpose of computing the member's retired pay under section 8991 of this title— "(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as Vi 2 of a year; and "(2) any remaining fractional part of a year shall be disregarded.".

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Page:U.S. Department of the Interior Annual Report 1880.djvu/52

 corps of geologists have been constituted special agents of the census without pay from the census appropriation, and in addition to this small staff experts, duly appointed by the superintendent of the census, have been detailed from the census bureau and ordered to report to the geological director. By this combination of forces the census with the survey, the director will furnish the census bureau and Congress with a thorough exposition of the production of metals, coal and petroleum, and the most important branches of the mineral industry. In this combined labor care has been exercised that only census employés should be detailed to work in the region east of the one-hundredth meridian. The work of gathering the statistics proper is fast approaching completion.

The report of the Director contains preliminary statements of the several geologists, presenting highly interesting accounts of their operation in the field, their various investigations, and the methods followed in collecting statistics for the census. As to the forthcoming publications giving the results of these labors, the Director remarks: “The organization of the survey immediately followed the date at which the first appropriation of one hundred thousand dollars became legally available, and, as that fell in midsummer, only half the ordinary time which the seasons permit was left for field operations. At the close of the present summer, therefore, the scientific staff will have labored only one and a half field seasons—a very short time to bring their special works to completion. Realizing very fully, however, the natural desire of Congress and the administration to see actual results and apply the test of a critical examination to the fruits of the new bureau, I have called upon the members of the corps for an energy and intensity of labor which should not be greatly prolonged, and which affords no measure of the rate of progress on small appropriations hereafter. The gentlemen of the corps have responded with such cheerfulness and enthusiasm that I am able to promise between the close of field work this autumn and the opening of next spring's campaign the completion of twelve volumes of practical and general geology and palaeontology.”

The range of the investigations carried on by the geological survey is indicated by the subjects treated in the volumes promised. They are the following: “Geology and mining industry of Leadville, Col.,” by S. F. Emmons. “Geology of The Eureka mining district in Nevada,” by Arnold Hague, geologist in charge. “The copper rocks of Lake Superior, and their continuation through Minnesota,” by Prof. Rowland D. Irving. “The Comstock Mines,” by Eliot Lord. “The Comstock Lode,” by George F. Becker, geologist in charge. “The mechanical appliances used in mining and milling on the Comstock lode,” by W. R. Eckart, chief engineer. “The coal of the United States,” by Raphael Pumpelly, geologist in charge. “The iron in the United States,” by Raphael Pumpelly. “The precious metals,” by Clarence King, director. “Lesser metals and general mineral resources,” by Raphael Pumpelly. “The Uinkaret Plateau,” by Capt. C. E. Dutton, geologist in charge. “Lake Bonneville,”


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/735

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 699

SEC. 205. MEMBERS OF THE COAST GUARD (a) IN GENERAL.—Section 423 of title 14, United States Code (relating to the computation of retired pay), is amended to read as follows: "§ 423. Computation of retired pay 14 USC 423. "(a)(1) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) before September 8, 1980, is determined by multiplying— "(A) the sum of— "(i) the basic pay of the member's retired grade or rate, and "(ii) all permanent additions thereto including longevity . j, credit to which the member was entitled at the time of retirement; by "(B) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be Ante, p. 683. credited to the member under section 1405 of such title. Ante, p. 691. "(2) In the case of an officer who served as Commandant of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay applicable to the officer while so serving. "(3) In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay to which the member was entitled while so serving, if that basic pay is greater than the basic pay of the grade or rate to which the member is otherwise entitled at the time of retirement. "(4) In the case of an officer whose retired pay is computed on the pay of a grade for which basic pay is not based upon years of service, retired pay under paragraph (1) shall be computed on the basis of the number of years of service for which the officer would be entitled to credit in the computation of pay on the active list had the officer been serving in the grade of captain at the time of retirement. "(b) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) on or after September 8, 1980, is determined by multiplying— "(1) the retired pay base determined under section 1407 of title 10; by Ante, p. 689. "(2) the retired pay multiplier determined under section 1409 I of title 10 for the number of years of service that may be credited to the member under section 1405 of such title. "(c)(1) In computing for the purpose of subsection (a) or (b) the number of years of service that may be credited to a member under section 1405 of title 10— ^, r.^; i j "(A) each full month of service that is in addition to the number of full years of service creditable to the member shall i be counted as Vi 2 of a year; and "(B) any remaining fractional part of a month shall be disregarded. "(2) Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (b) CONFORMING AMENDMENTS.—

(1) Section 46 of such title is amended by striking out "and retired pay computed at the highest rates of basic pay ap-

14 USC 46.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/736

 100 STAT. 700

14 USC 47.

14 USC 51.

Ante, p. 699.

Ante, p. 689. Ante, p. 699.

14 USC 424.

.^ _

PUBLIC LAW 99-348—JULY 1, 1986 plicable to him while he served as Commandant" in subsections (a), (b), and (c). (2) Section 47 of such title is amended— (A) by striking out "and retired pay" in subsections Qoi) and (c); and (B) by striking out "and with the retired pay of that grade" in subsection (d). (3) Section 51 of such title is amended— tic (A) by striking out "and retired pay" in subsections (a) and (b); and (B) by striking out "and with the retired pay of that grade" in subsection (c). (4) Section 288(b) of such title is amended by striking out "Except as provided in section 423(b) of this title, the retired pay" and inserting in lieu thereof "Retired pay computed under section 423(a) of this title". (5) Sections 291, 292, and 293 of such title are amended by striking out ", with retired pay of the grade with which retired'. (6) Section 327(b)(1) of such title is amended by striking out ", and with the pay". (7) Section 334 of such title is amended— (A) by striking out ", with retired pay of the grade with which retired" in subsections (a) and (b); and (B) by striking out the second sentence of subsection (b). (8) Sections 353, 354, 355, and 362 of such title are amended by striking out ", with retired pay of the grade or rating with which retired". (9) Section 357 is amended— (A) by striking out "the retired pay of the grade or rating with which retired" in subsection (b) and inserting in lieu thereof "retired pay"; and (B) by striking out "by an amount" and all that follows in subsection (c) and inserting in lieu thereof "by an amount equal to 10 percent of— "(1) the active-duty pay and permanent additions thereto of the grade or rating with which retired, in the case of a member whose retired pay is computed under section 423(a) of this title; or "(2) the member's retired pay base under section 1407 of title 10, in the case of a member whose retired pay is computed under section 423(b) of this title.". (10) Sections 421 euid 422 of such title are amended by striking out "rating" each place it appears and inserting in lieu thereof "rate". (11) Section 424 of such title is amended to read as follows: "§ 424. Limitations on retirement and retired pay "(a) The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be entitled under the provisions of any other section of this title or under any other law. "(b) In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active-duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the member's pay is computed, or (2)

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Page:United States Statutes at Large Volume 100 Part 1.djvu/737

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 701

the retired pay base determined under section 1407 of title 10, as appropriate.". SEC. 206. COMMISSIONED OFFICERS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Section 16 of the Coast and Geodetic Survey Commissioned Officers Act of 1948 (33 U.S.C. 853o) is amended to read as follows: "SEC. 16. (a) Each commissioned officer on the retired list who first became a member of a uniformed service (as defined in section 101 of title 10, United States Code) 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, United States Code; by "(2) 2y2 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. The retired pay so computed may not exceed 75 percent of the retired pay base. "(b) Each commissioned officer on the retired list who first became a member of a uniformed service (as defined in section 101 of title 10, United States Code) 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, United States Code; 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 under section 1405 of such title as if the officer's service were service as a member of the Armed Forces. "(c)(1) In computing the number of years of service of an officer for the purposes of subsection (a)— "(A) each full month of service that is in addition to the number of full years of service creditable to the officer shall be credited as Via of a year; and "(B) any remaining fractional part of a month shall be disregarded. "(2) Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". SEC. 207. COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE (a) MANDATORY RETIREMENT.—Section 210(g)(3) of the Public Health Service Act (42 U.S.C. 211(g)(3)) is amended by striking out subparagraphs (A) and (B) and inserting in lieu thereof the following: "(A) in the case of an officer who first became a member of a uniformed service before September 8, 1980, at the rate of 2y2 percent of the retired pay base determined under section 1406(h) of title 10, United States Code, for each year, not in excess of 30, of his active commissioned service in the Service; or "(B) in the case of an officer who first became a member of a uniformed service on or after September 8, 1980, at the rate determined by multiplying— "(i) the retired pay base determined under section 1407 of title 10, United States Code; by "(ii) the retired pay multiplier determined under section 1409 of such title for the number of years of his active commissioned service in the Service.".

Ante, p. 689.

33 USC 853o.

Ante, p. 686. Ante, p. 691.

Ante, p. 683.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/738

 100 STAT. 702

Ante, p. 689. Ante, p. 683.

PUBLIC LAW 99-348—JULY 1, 1986

(b) VOLUNTARY RETIREMENT.—Paragraph (6) of section 211(a) of such Act (42 U.S.C. 212(a)) is amended to read as follows: "(6) The retired pay of a commissioned officer retired under this subsection who first became a member of a uniformed service after September 7, 1980, is determined by multiplying— "(A) the retired pay base determined under section 1407 of title 10, United States Code; by "(B) the retired pay multiplier determined under section 1409 of such title for the number of years of service credited to the officer under paragraph (4).". TITLE III—MISCELLANEOUS RETIREMENT PROVISIONS SEC. 301. SURVIVOR BENEFIT PLAN ANNUITIES (a) UNREDUCED RETIRED PAY AS BASIS FOR ANNUITY.—

10 USC 1447.

-

Ante, p. 685.

10 USC 1331 '^ot^ 10 USC 1331 et seq.

(1) Section 1447(2)(A) (relating to the definition of "base amount" for purposes of the Survivor Benefit Plan) is amended by inserting "(determined without regard to any reduction under section 14090t))(2) of this title)" after "retired or retainer pay" the second place it appears. (2) Section 1451 is amended by adding at the end the following new subsection: "(h) Computation of a member's retired pay for purposes of this section shall be made without regard to any reduction under section 1409(b)(2) of this title.". (3) Section 1452(c) is amended by adding at the end the following new sentence: "Computation of a member's retired pay for purposes of this subsection shall be made without regard to any reduction under section 1409(b)(2) of this title.". (b) CosT-OF-LiviNG ADJUSTMENTS.—Section 1451(g)(1) is amended— (1) by striking out "by the same total percent" in the first sentence; and (2) by inserting after the first sentence the following new the same percent as the percent by which the retired pay of the person providing the annuity would have been increased at such time if the person were alive (and otherwise entitled to such pay).". (c) RESTORAL OF COLA.—Section 1451 is amended by adding after subsection (h) (as added by subsection (a)(2)) the following new subsection: "(i) In the case of an annuity under the Plan which is computed on the basis of the retired pay of a member or former member who would have been entitled to have that retired pay recomputed under section 1410 of this title upon attaining 62 years of age, but who died before attaining such age, such annuity shall be recomputed, effective on the first day of the first month beginning after the date on which the member or former member would have attained 62 years of age, on the basis of the amount of retired pay to which the member or former member would have been entitled upon recomputation of such pay effective on such date under section 1410 of this title, had the member or former member attained such age.". SEC. 302. REPORT ON RESERVE RETIREMENT SYSTEM (a) REPORT REQUIREMENT.—The Secretary of Defense shall submit to Congress a report on the retirement system provided under chapter 67 of title 10, United States Code, for members of the Armed
 * v* sentence: "The increase shall, in the case of any annuity, be by

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Page:United States Statutes at Large Volume 100 Part 1.djvu/739

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 703

Forces performing non-regular-service. The Secretary shall include in the report any proposals of the Secretary for modifications to such system. (b) DEADLINE FOR REPORT.—The report under subsection (a) shall be submitted not later than February 1, 1988.

-

K

SEC. 303. DEFINITION

Section 101 (relating to definitions for purposes of title 10) is 10 USC lOl. amended by adding at the end the following new paragraph: "(43) 'Uniformed services' means— "(A) the armed forces; "(B) the commissioned corps of the National Oceanic and i; Atmospheric Administration; and "(C) the commissioned corps of the Public Health Service.". vjir oi SEC. 304. TECHNICAL AND CONFORMING AMENDMENTS (a) UNIFORMED SERVICES DEFINITION.—

(1) Section 716 is amended by striking out subsection (c). 10 USC 716. (2) Section 1040(c) is amended by striking out " 'Dependent' and 'uniformed services' in this section have the meanings of those terms as defined in" and inserting in lieu thereof "In this section, the term 'dependent' has the meaning given that term in". (3) Section 1402 is amended by striking out "(as defined in Ante, p. 694. section 1407(a)(2) of this title)" each place it appears. (4) Section 2830 is amended by striking out subsection (c). (b) CLERICAL AMENDMENTS.—

(1) The table of sections at the beginning of chapter 67 is lo use 1331. amended by adding at the end the following new item: "1338. Limitations on revocation of retired pay.".

(2) The table of sections at the beginning of chapter 71 is lo use 1401. amended— (A) by striking out the item relating to section 1402 and inserting in lieu thereof the following: "1402. Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980.";

(B) by striking out the items relating to sections 1406 and 1407 and inserting in lieu thereof the following: "1406. Retired pay base for members who first became members before September 8, 1980: final basic pay. "1407. Retired pay base for members who first became members after September 7, 1980: high-36 month average.";

and (C) by adding at the end the following new items: "1409. Retired pay multiplier. "1410. Restoral of full retirement amount at age 62 for members entering on or after August 1, 1986. "1411. Rules of construction. "1412. Rounding to next lower dollar.".

(3) The heading of section 1402 is amended to read as follows:

'"'

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Page:United States Statutes at Large Volume 100 Part 1.djvu/740

 100 STAT. 704

PUBLIC LAW 99-348—JULY 1, 1986

"§ 1402. Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980". (3) The table of sections at the beginning of chapter 571 is amended— (A) by striking out the item relating to section 6328; and (B) by striking out the item relating to section 6333 and inserting in lieu thereof the following:

10 USC 6321.

• ' f '^ •

"6333. Computation of retired and retainer pay.. SEC. 305. CODIFICATION OF PERMANENT LIMITATIONS ON RETIRED AND RETAINER PAY PROVIDED IN APPROPRIATION ACTS (a) LIMITATION ON CREDITING CERTAIN UNSERVED SERVICE IN ENTITLEMENT TO AND COMPUTATION OF RETAINER PAY.—

10 USC 6330.

'

'

10 USC 6330 note. lO^Y^^ 1401

note.

(1) CODIFICATION.—Section 6330(d) is amended— (A) by inserting "(1)" after "(d)"; (B) by striking out the second sentence; and (C) by adding at the end the following: "(2) In determining a member's eligibility for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve under subsection (b)— "(A) a completed minority enlistment of the member is counted as four years of active service, if creditable to the member for such purpose before December 31, 1977; and "(B) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term, if creditable to the member for such purpose before December 31, 1977. "(3)(A) Subject to subparagraph (B), in determining a member's years of active service for the computation of retainer pay under subsection (c)— "(i) a completed minority enlistment of the member is counted as four years of active service; and "(ii) an enlistment of the member terminated within three months before the end of the term of enlistment is counted as active service for the full term. "(B) In the case of a member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section after December 30, 1977, service attributable under subparagraph (A) to time which, after December 31, 1977, is not actually served by the member may not be counted.". (2) REPEAL OF SOURCE LAW.—Section 8039 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98-473 (98 Stat. 1930)), is repealed. (b) SIX-MONTH ROUNDING RULE.— (1) GENERAL RULE.—Retired pay or retainer pay may not be paid to a covered member of the Armed Forces (as defined in paragraph (3)) for any month in an amount that is greater than the amount otherwise determined to be payable after such reductions as may be necessary to reflect adjusting the com*" ' putation of retired pay or retainer pay that includes credit for a part of a year of service to permit credit for a part of a year of service only for such month or months actually served. (2) EXCEPTIONS.—The limitation in paragraph (1) does not - - apply to a member who before January 1, 1982— (A) applied for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve;

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Page:United States Statutes at Large Volume 100 Part 1.djvu/741

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 705

(B) was being processed for retirement under the provisions of chapter 61 of title 10, United States Code, or who was on the temporary disabiHty retired Hst and thereafter retired under the provisions of section 1210(c) or 1210(d) of such title; or (C) was retired or in an inactive status and would have been eligible for retired pay under the provisions of chapter 67 of such title, but for the fact that the person was under 60 years of age. (3) DEFINITION OF COVERED MEMBER.—For the purposes of this subsection, the term "covered member of the Armed Forces" means a member of the Armed Forces who became entitled to retired or retainer pay during the period beginning on January 1, 1982, and ending on September 30, 1983. (4) REPEAL OF SOURCE LAW.—Section 8054 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98-473), is repealed. (5) CROSS REFERENCE.—For the effective date of October 1, 1983, for provisions making permanent programmatic changes j^^^ in law to accomplish the policy provided in such section 8054 (and prior provisions of law), see section 923(h) of the Department of Defense Authorization Act, 1984 (Public Law 98-94).

lo use I20i et s^9

lo use 1331 et
 * ^9-

lo use 1401 note.

97 Stat. 642.

SEC. 306. REPEAL OF LIMITATION ON PAYMENTS TO ACCRUAL FUND FOR FISCAL YEAR 1986

Section 666 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 659), is repealed. TITLE IV—FISCAL YEAR 1986 UNAUTHORIZED APPROPRIATIONS SEC. 401. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL YEAR 1986 DEFENSE APPROPRIATIONS

(a) AUTHORITY.—The amounts described in subsection (b), totaling $5,446,930,000, may be obligated and expended for programs, projects, and activities of the Department of Defense in accordance with fiscal year 1986 defense appropriations except as otherwise provided in section 402 (and except as such amounts may have been Post, p. 706. reduced by the order of the President issued for fiscal year 1986 under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985). 2 USC 902. (b) COVERED AMOUNTS.—The amounts referred to in subsection (a) are the amounts provided for programs, projects, and activities of the Department of Defense in fiscal year 1986 defense appropriations that are in excess of the amounts provided for such programs, projects, and activities in fiscal year 1986 defense authorizations. (c) DEFINITIONS.—For the purposes of this title: (1) FISCAL YEAR I 9 8 6 DEFENSE APPROPRIATIONS.—The term "fiscal year 1986 defense appropriations" means amounts appropriated or otherwise made available to the Department of Defense for fiscal year 1986 in the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99-190). 99 Stat. 1185. (2) FISCAL YEAR 1986 DEFENSE AUTHORIZATIONS.—The term "fiscal year 1986 defense authorizations" means amounts authorized to be appropriated for the Department of Defense for

71-194 0 - 89 - 25: Ctt. 3 Parti

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Page:United States Statutes at Large Volume 100 Part 1.djvu/742

 100 STAT. 706

PUBLIC LAW 99-348—JULY 1, 1986 fiscal year 1986 in the Department of Defense Authorization Act, 1986 (Public Law 99-145).

99 Stat. 583.

(d) INTERPRETATION OF SECTION.—The authority

provided

by

subsection (a) shall be considered to be the authorization required by section 8109 of the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99-190; 99 Stat. 1222). ^ ^

'-'

SEC. 402. LIMITATION ON OBLIGAIION FOR CERTAIN UNAUTHORIZED ' APPROPRIATIONS (a) PROGRAMS N O T AVAILABLE FOR OBLIGATION.—Amounts de-

Ante, p. 705.

J,.,. ^ '

, .-^

,^ ,^,^, .;o far it.

scribed in section 401(b) may not be obligated or expended for the following programs, projects, and activities of the Department of Defense (for which amounts were provided in fiscal year 1986 defense appropriations): (1) Refueling tanker modification under Procurement for the (2) Research, development, test, and evaluation for the Air Force— (A) for the Space Defense System in the amount of "" $15,066,000; and (B) for the MEECN communications upgrade program in the amount of $15,000,000. .. ^g^ Operation and maintenance for audit/inventory report
 * ' Navy in the amount of $110,000,000.
 * -'l
 * ' reductions not taken in fiscal year 1986 defense appropriations

in the total amount of $29,000,000. (b) LIMITATION ON CERTAIN PROGRAMS.—

(1) 120-MiLLiMETER MORTAR.—Of the funds appropriated in the Department of Defense Appropriations Act, 1986 (as contained 99 Stat. 1185. in section 101(b) of Public Law 99-190), for procurement of the 120-millimeter mortar, obligations and expenditures may be incurred only in accordance with the requirements set forth in 99 Stat. 1219. section 8095 of such Act and in the joint explanatory statement of the committee of conference on the bill S. 1160 (99th Con99 Stat. 583. gress), printed in House Report 99-235. ji. (2) M72E4 LIGHT ANTiARMOR WEAPON.—Using fuuds appro? priated in such Act, the Secretary of the Army shall— (A) complete development and operational testing of the 5 M72E4 light antiarmor weapon; ao- q,^.j^ r-' (B) type classify the weapon; and (C) acquire a technical data package. (3) PRIOR REPORTS TO CONGRESS.—Amounts authorized in sec< r ^.. tion 401(a) for procurement of follow-on air defense equipment ». for the Army and amounts authorized for research, develop'l ment, test, and evaluation for the Army for DIVAD alternatives may not be obligated or expended until the Secretary of Defense submits to the appropriate committees of Congress a report setting forth in detail the manner in which funds are proposed to be obligated or expended for such purpose. (d) PROGRAM LIMITATIONS.—All limitations and requirements set forth in the Department of Defense Authorization Act, 1986, shall apply to the obligation of funds authorized by section 401(a) in the same manner as if the funds made available for obligation by such section had been authorized in such Act. ,,, ^v, (e) TRANSFER AUTHORITY.—For the purposes of section 1401 the Department of Defense Authorization Act, 1986 (99 Stat. 742), authorizations in section 401(a) shall be deemed to have been made available to the Department of Defense in such Act.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/743

 PUBLIC LAW 99-348—JULY 1, 1986

100 STAT. 707

SEC. 403. AUTHORIZED MILITARY CONSTRUCTION PROJECT (a) AUTHORIZED PROJECT.—

(1) AUTHORIZATION.—The Secretary of the Navy may carry out the military construction project described in paragraph (2), funds for such project having been appropriated in the Mihtary Construction Appropriations Act, 1986 (Public Law 99-173; 99 Stat. 1024). (2) PROJECT DESCRIPTION.—The project referred to in para- New York. , graph (1) is a project for the construction of a berthing pier and bulkhead at the Naval Station, Staten Island, New York. The amount authorized for the project is $39,700,000. (b) CONSTRUCTION WITH PUBLIC LAW 99-167.— 99 Stat. 961. (1) PROJECT AUTHORIZATIONS.—The project authorization in, subsection (a) shall be deemed to have been included in section 201(a) of the Military Construction Authorization Act, 1986 (Public Law 99-167; 99 Stat. 966). (2) APPROPRIATION AUTHORIZATION TOTALS.—The total amount .^! authorized to be appropriated for the Department of the Navy set forth in section 602(a) of such Act (99 Stat. 980), and the amount authorized for military construction projects inside the United States set forth in paragraph (1) of that section, shall be deemed to be increased by the amount specified in subsection (a)(2). (3) LIMITATION RELATING TO FUNDS FOR NAVAL STRATEGIC

> IVJ

f HOMEPORTiNG.—For the purposes of section 205 of such Act (99 ^ Stat. 971), amounts available for the project authorized in subsection (a) shall be deemed to be funds appropriated pursuant to an authorization in section 602 of such Act for Naval '*' Strategic Homeporting. <ii-'i

TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. UNDER SECRETARY OF DEFENSE FOR ACQUISITION

(a) CREATION OF POSITION.—Chapter 4 of title 10, United States Code, is amended by inserting after section 134 the following new section: "§ 134a. Under Secretary of Defense for Acquisition: appointment lo use I34a. "(a) There is an Under Secretary for Acquisition, appointed from civilian life by the President, by and with the advice and consent of the Senate. "(b) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe, except as otherwise provided by law.". (b)

REDESIGNATION OF DIRECTOR OF DEFENSE RESEARCH AND

ENGINEERING.—(1) Subsection (a) of section 135 of such title is amended by striking out the first two sentences and inserting in lieu thereof the following: "There is an Under Secretary of Defense for Policy and a Director of Defense Research and Engineering. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.". (2) The second sentences of subsections (b) and (c) of such section are amended by striking out "Under Secretary of Defense for Research and Engineering" and inserting in lieu thereof "Director of Defense Research and Engineering".

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