81 STAT.]
PUBLIC LAW 9 0 - 2 0 7 - D E C. 16, 1967
(2) Section 1402 is amended— ^ (A) by inserting "increased by any applicable adjustments in that pay under section 1401a of this title after he initially became entitled to that pay," after "retired," in subsection (d); and (B) by adding the following subsection: "(e) Notwithstanding subsection (a), a member covered by that subsection may elect, upon his release from active duty, to have his retired pay or retainer pay— "(1) computed according to the formula set forth in subsection (a) but using the rate of basic pay under which his retired pay or retainer pay was computed when he entered on active duty; and " (2) increased by any applicable adjustments in that pa^ under section 1401a of this title after he initially became entitled to that pay." (3) The first sentence of section 1436(a) is amended by inserting "but without regard to any increase in that pay to reflect changes in the Consumer Price Index" after "that pay and before the period. (b) Notwithstanding section 1401a (d) of title 10, United States Code, a person who is a member or former member of an armed force on the date of enactment of this Act and who initially became, or hereafter initially becomes, entitled to retired pay or retainer pay after November 30, 1966, but before the effective date of the next increase after July 1, 1966, in the rates of monthly basic pay prescribed by section 203 of title 37, United States Code, is entitled to have his retired pay or retainer pay increased by 3.7 percent, effective as of the date of his entitlement to that pay. SEC. 3. Title 10, United States Code, is amended as follows: (1) Section 1401 is amended by adding to footnote 4 of the table therein a sentence to read as follows: "For an enlisted person who has served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, compute at the highest rate of basic pay applicable to him while he so served, if that rate is higher than the rate authorized by the table." (2) Section 3991 is amended by amending footnote 3 of the table therein to read as follows: "^ Compute at rates applicable on date of retirement, or if the member has served as sergeant major of the Army, compute at the highest basic pay applicable to him while he so served, if such basic pay is greater." (3) Clause (2) of section 6326(c) is amended to read as follows: "(2) unless otherwise entitled to higher pay, is entitled to retired pay at the rate of 75 percent of the basic pay of the pay grade in which he was serving on the day before retirement, or if he has served as senior enlisted advisor of the Navy or as sergeant major of the Marine Corps, he shall be entitled to retired pay at the raite of 75 percent of the highest basic pay to which he was entitled while so serving, if that rate is higher." (4) The first sentence of section 6330(c) is amended to read as follows: "Each member who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under this section is entitled when not on active duty, to retainer pay at the rate of 2i/^ percent of the basic pay that he received at the time of transfer multiplied by the number of years of active service in the armed forces, except that in the case of a member who has served as senior enlisted advisor of the Navy or sergeant major of the Marine Corps, retainer pay shall be computed on the basis of the highest basic pay to which he was entitled while so serving, if that basic pay is higher than the basic pay received at the time of transfer."
653
recompufaffon'. 70A Stat. 107. 77 Stat. 214.
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