10 U.S.C. § 8374
In determining the total number of years of service to be used as a multiplier in computing retired pay and separation pay on discharge under this chapter, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
10 U.S.C. § 8374
| HISTORICAL AND REVISION NOTE | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 6404 | 34 U.S.C. 410c(a) (1st proviso). | Feb. 21, 1946, ch. 34, §7 (a) (1st proviso), 60 Stat. 27; Aug. 7, 1947, ch. 512, §432(a), 61 Stat. 881. |
| 34 U.S.C. 410j(g) (1st proviso). | Aug. 7, 1947, ch. 512, §312(g) (1st proviso), 61 Stat. 860. | |
| 34 U.S.C. 410d (1st proviso). | Feb. 21, 1946, ch. 34, §9 (1st proviso), 60 Stat. 28; Aug. 7, 1947, ch. 512, §432(b), 61 Stat. 881. | |
| 34 U.S.C. 410j(h) (1st proviso). | Aug. 7, 1947, ch. 512, §312(h) (1st proviso), 61 Stat. 860. | |
| 34 U.S.C. 410r(h) . | June 12, 1948, ch. 449, §207(h), 62 Stat. 368. | |
| 34 U.S.C. 410r(j) (proviso). | June 12, 1948, ch. 449, §207(j) (proviso), 62 Stat. 366. | |
| 34 U.S.C. 43g(g) . | Apr. 16, 1947, ch. 38, §207(h), 61 Stat. 50; redesignated (g), Aug. 7, 1947, ch. 512, §434(d), 61 Stat. 882; May 16, 1950, ch. 186, §3(j), 64 Stat. 162. | |
| 34 U.S.C. 625h(a) . | June 12, 1948, ch. 449, §213(a), 62 Stat. 369. | |
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 8374, added Pub. L. 85-861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1528, provided that promotion of reserve commissioned officers be effective upon Federal recognition in next higher grade of Air National Guard, prior to repeal by Pub. L. 103-337, div. A, title XVI, §1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14308(f) of this title.
AMENDMENTS2018- Pub. L. 115-232 renumbered section 6404 of this title as this section. 1983-Pub. L. 98-94 substituted "each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded". 1980-Pub. L. 96-513 substituted "separation pay" for "severance pay" in section catchline and substituted "separation pay" for "lump-sum payments" in text.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98-94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98-94, set out as a note under section 1174 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as a note under section 101 of this title.
- Air National Guard
- The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is an air force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.