To provide in the calculation of retired pay for members of the Armed Forces that service in excess of 30 years shall not be subject to the maximum limit on the percentage of the retired pay multiplier.

1. Adds SEC. 648. INAPPLICABILITY OF RETIRED PAY MULTIPLIER MAXIMUM PERCENTAGE TO SERVICE OF MEMBERS OF THE ARMED FORCES IN EXCESS OF 30 YEARS at the end of subtitle D of title VI

   Adds a section

   In S. 2766 · Public Print

   (d) Effective Date and Applicability.--The amendment made by subsection (a) shall take effect as of September 11, 2001, and shall apply with respect to applications for retired pay that are submitted under section 12731(a) of title 10, United States Code, on or after the date of the enactment of this Act.

   Inserted: SEC. 648. INAPPLICABILITY OF RETIRED PAY MULTIPLIER MAXIMUM PERCENTAGE TO SERVICE OF MEMBERS OF THE ARMED FORCES IN EXCESS OF 30 YEARS.

   Inserted: (a) In General.--Paragraph (3) of section 1409(b) of title 10, United States Code, is amended to read as follows:

   Inserted: "(3) 30 Years of service.--

   Inserted: "(A) Retirement before january 1, 2007.--In the case of a member who retires before January 1, 2007, with more than 30 years of creditable service, the percentage to be used under subsection (a) is 75 percent.

   Inserted: "(B) Retirement after december 31, 2006.--In the case of a member who retires after December 31, 2006, with more than 30 years of creditable service, the percentage to be used under subsection (a) is the sum of--

   Inserted: "(i) 75 percent; and

   Inserted: "(ii) the product (stated as a percentage) of--

   Inserted: "(I) 2\1/2\; and

   Inserted: "(II) the member's years of creditable service (as defined in subsection (c)) in excess of 30 years of creditable service in any service, regardless of when served, under conditions authorized for purposes of this subparagraph during a period designated by the Secretary of Defense for purposes of this subparagraph.".

   Inserted: (b) Retired Pay for Non-Regular Service.--Section 12739(c) of such title is amended--

   Inserted: (1) by striking "The total amount" and inserting "(1) Except as provided in paragraph (2), the total amount"; and

   Inserted: (2) by adding at the end the following new paragraph:

   Show 5 more inserted paragraphsShow less

   Inserted: "(2) In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under section 12733 of this title, the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of--

   Inserted: "(A) 75 percent of the retired pay base upon which the computation is based; and

   Inserted: "(B) the product of--

   Inserted: "(i) the retired pay base upon which the computation is based; and

   Inserted: "(ii) 2\1/2\ percent of the years of service credited to that person under section 12733 of this title for service, regardless of when served, under conditions authorized for purposes of this paragraph during a period designated by the Secretary of Defense for purposes of this paragraph.".

   Original wording

   At the end of subtitle D of title VI, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed