10 U.S. Code § 1401a - Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index
Section 322 of title 37 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008), referred to in subsec. (b)(3), and section 322 of title 37 (as in effect before January 28, 2008), referred to in subsecs. (d) and (e), mean section 322 of title 37 as in effect before enactment of Pub. L. 110–181 on January 28, 2008. Section 322 of title 37 was renumbered as section 354 of title 37 and amended by Pub. L. 110–181, div. A, title VI, § 661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178.
2015—Pub. L. 114–92, § 631(d), which was approved Nov. 25, 2015, provided that the amendments made by Pub. L. 113–67, § 403(a)—as amended by Pub. L. 113–76, § 10001(a), Pub. L. 113–82, § 2(a), and Pub. L. 113–291, § 623—and the amendments made by Pub. L. 113–76, § 10001(b)(3), which were effective Dec. 1, 2015, would not take effect. See 2013 and 2014 Amendment and Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 notes below.
Subsec. (b)(5), (6). Pub. L. 114–92, § 631(c)(1)(B), added par. (5) and redesignated former par. (5) as (6).
2014—Subsec. (b)(4)(A). Pub. L. 113–76, § 10001(a)(1), which directed insertion of “(other than a member or former member retired under chapter 61 of this title)” after “age”, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (b)(4)(F). Pub. L. 113–76, § 10001(a)(2), which directed addition of subpar. (F) related to inapplicability to amount of retired pay used in computation of SBP annuity for survivors, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (b)(4)(G). Pub. L. 113–291, § 623, which directed substitution of “January 1, 2016” for “January 1, 2014”, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Pub. L. 113–82, § 2(a), which directed addition of subpar. (G) related to applicability of subsec. (b)(4) to certain members and former members, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (f)(3). Pub. L. 113–76, § 10001(b)(3), which directed insertion of “or subsection (b)(4)” after “subsection (b)(2)” in par. (2) (probably intending par. (3)), did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
2013—Subsec. (b)(1). Pub. L. 113–67, § 403(a)(1), which directed substitution of “paragraph (2), (3), or (4)” for “paragraphs (2) and (3)”, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (b)(4) to (6). Pub. L. 113–67, § 403(a)(2), (3), which directed addition of par. (4) related to a reduced percentage for retired members under age 62 and redesignation of pars. (4) and (5) as (5) and (6), respectively, did not take effect pursuant to Pub. L. 114–92, § 631(d). See 2015 Amendment note above.
Subsec. (c)(1), (2). Pub. L. 113–66, § 631(b), substituted “subsection (f)(3)” for “subsection (f)(2)” in introductory provisions.
Subsecs. (d), (e). Pub. L. 113–66, § 1091(a)(9), substituted “before January 28, 2008” for “before the enactment of the National Defense Authorization Act for Fiscal Year 2008” in introductory provisions.
Pub. L. 113–66, § 631(b), substituted “subsection (f)(3)” for “subsection (f)(2)” in introductory provisions.
Subsec. (f)(1). Pub. L. 113–66, § 631(a)(1), substituted “Prevention of retired pay inversions for members with retired pay computed using final basic pay.—The” for “Prevention of retired pay inversions.—Notwithstanding any other provision of law, the” and inserted “who first became a member of a uniformed service before September 8, 1980, and” after “of an armed force”.
Subsec. (f)(2), (3). Pub. L. 113–66, § 631(a)(2), (3), added par. (2) and redesignated former par. (2) as (3).
2008—Subsecs. (b)(3), (d), (e). Pub. L. 110–181, in introductory provisions, substituted “section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354” for “section 322”.
2002—Subsec. (c)(1). Pub. L. 107–314, § 633(a)(1), inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” in introductory provisions.
Subsec. (c)(2). Pub. L. 107–314, § 633(a)(2), inserted “(subject to subsection (f)(2) as applied to other members whose retired pay is computed on the current rates of basic pay in the most recent adjustment under this section)” after “shall be increased” in introductory provisions.
Subsec. (d). Pub. L. 107–314, § 633(a)(1), (b)(1), in introductory provisions, inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” and “or on or after August 1, 1986, if the member or former member did not elect to receive a bonus under section 322 of title 37” after “August 1, 1986,”.
Subsec. (e). Pub. L. 107–314, § 633(a)(1), (b)(2), in introductory provisions, inserted “but subject to subsection (f)(2)” after “Notwithstanding subsection (b)” and “and elected to receive a bonus under section 322 of title 37” after “August 1, 1986,”.
Subsec. (f). Pub. L. 107–314, § 633(a)(3), designated existing provisions as par. (1), inserted par. heading, realigned margins, and added par. (2).
1999—Subsec. (b)(1). Pub. L. 106–65, § 643(b)(1)(A), substituted “Increase required” for “In general” in heading.
Subsec. (b)(2). Pub. L. 106–65, § 1066(a)(10), struck out subpar. (A) designation and heading “General rule”, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and realigned their margins, and struck out former subpars. (B) and (C) which read as follows:
“(B) Special rule for fiscal year 1996.—In the case of the increase in retired pay that, pursuant to paragraph (1), becomes effective on December 1, 1995, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be March 1996.
“(C) Inapplicability to disability retirees.—Subparagraph (B) does not apply with respect to the retired pay of a member retired under chapter 61 of this title.”
Pub. L. 106–65, § 643(b)(1)(B), substituted “Percentage increase” for “Pre-august 1, 1986 members” in heading.
Pub. L. 106–65, § 641(b)(1), substituted “Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member” for “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,”.
Subsec. (b)(3). Pub. L. 106–65, § 643(b)(1)(C), substituted “Reduced percentage for certain post-august 1, 1986 members” for “Post-august 1, 1986 members” in heading.
Pub. L. 106–65, § 641(b)(2), inserted “and has elected to receive a bonus under section 322 of title 37,” after “August 1, 1986,”.
1996—Subsec. (b)(2)(B). Pub. L. 104–201, § 631(a), substituted “Special rule for fiscal year 1996” for “Special rules for fiscal years 1996 and 1998” as subpar. heading, struck out cl. (i) designation and heading “Fiscal year 1996” before “In the case of”, and struck out cl. (ii) which read as follows: “Fiscal year 1998.—In the case of the increase in retired pay that, pursuant to paragraph (1), becomes effective on December 1, 1997, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be September 1998.”
Pub. L. 104–106, § 631(c), repealed Pub. L. 103–335, § 8114A(b)(1). See 1994 Amendment note below.
Pub. L. 104–106, § 631(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Special rules for fiscal years 1994 through 1998.—
“(i) Fiscal year 1994.—In the case of an increase in retired pay that, pursuant to paragraph (1), becomes effective on December 1, 1993, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be March 1994.
“(ii) Fiscal years 1995 through 1998.—In the case of an increase in retired pay that, pursuant to paragraph (1), becomes effective on December 1 of 1994, 1995, 1996, or 1997, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be September of the following year.”
Subsec. (c). Pub. L. 104–201, § 632(a), added subsec. (c) and struck out former subsec. (c) which read as follows: “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.”
Subsec. (d). Pub. L. 104–201, § 632(a), added subsec. (d) and struck out former subsec. (d) which read as follows: “Rule for First Adjustment After Retirement With No 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.”
1994—Subsec. (b)(2)(B). Pub. L. 103–335, § 8114A(b)(1), which directed substituting, in heading, “through 1996” for “through 1998” and substituting, in cl. (ii), “and 1996” for “through 1998”, “of 1994 or 1995” for “of 1994, 1995, 1996, or 1997”, and “March” for “September”, was repealed by Pub. L. 104–106, § 631(c).
Subsec. (f). Pub. L. 103–337 inserted “based on the grade in which the member is retired” after “at an earlier date” in first sentence and “, except that such computation may not be based on a rate of basic pay for a grade higher than the grade in which the member is retired” before period at end of second sentence and struck out after second sentence “However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial, such computation may not be based on a grade higher than the grade in which the member is retired.”
1993—Subsec. (b)(2). Pub. L. 103–160, § 1182(e)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except as provided in paragraph (6), 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
“(B) the base index.”
Pub. L. 103–66, § 2001(1), substituted “Except as provided in paragraph (6), the Secretary” for “The Secretary”.
Subsec. (b)(6). Pub. L. 103–160, § 1182(e)(2), struck out par. (6) which read as follows: “Special rules for paragraph (2) for fiscal years 1994 through 1998.—
“(A) Fiscal year 1994.—In the case of an increase in the retired pay of a member or former member referred to in paragraph (2) that, pursuant to paragraph (1), becomes effective on December 1, 1993, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be March 1994.
“(B) Fiscal years 1995 through 1998.—In the case of an increase in retired pay of a member or former member referred to in paragraph (2) that, pursuant to paragraph (1), becomes effective on December 1 of 1994, 1995, 1996, or 1997, the initial month for which such increase is payable as part of such retired pay shall (notwithstanding such December 1 effective date) be September of the following year.
“(C) Inapplicability to disability retirees.—Subparagraphs (A) and (B) do not apply with respect to the retired pay of a member retired under chapter 61 of this title.”
Pub. L. 103–66, § 2001(2), added par. (6).
1989—Subsec. (b)(3). Pub. L. 101–189, § 651(b)(1)(A), inserted “and former member” after first reference to “member”.
Subsec. (e). Pub. L. 101–189, § 651(b)(1)(B), inserted “or former member” after first and third reference to “member”.
Subsec. (f). Pub. L. 101–189, § 651(b)(1)(C), inserted “or former member” after “member” in second sentence.
1988—Subsec. (f). Pub. L. 100–456 inserted after second sentence “However, in the case of a member who, after initially becoming eligible for retired pay, is reduced in grade pursuant to a sentence of a court-martial, such computation may not be based on a grade higher than the grade in which the member is retired.”
1987—Subsec. (a). Pub. L. 100–180 struck out “pay” after “the retired pay”.
Subsec. (b)(4), (5). Pub. L. 100–224, § 1(a), added par. (4) and redesignated former par. (4) as (5).
Subsec. (e). Pub. L. 100–224, § 1(b), substituted “by the percent (adjusted to the nearest one-tenth of 1 percent) equal to the difference between—
“(1) the percent by which—
“(A) the price index for the base quarter of that year, exceeds
“(B) the price index for the calendar quarter immediately before the calendar quarter during which the member became entitled to retired pay; and
“(2) one-fourth of 1 percent for each calendar quarter from the quarter described in paragraph (1)(B) to the quarter described in paragraph (1)(A).
If in any case the percent described in paragraph (2) exceeds the percent determined under paragraph (1), such an increase shall not be made.” for “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 member became entitled to retired pay.”
1986—Subsec. (a). Pub. L. 99–348, § 102(b)(1), (c)(1), inserted heading, struck out “or retainer” after “retired pay”, and struck out sentence defining “Index” in this section as meaning the Consumer Price Index (all items, United States city average) published by the Bureau of Labor Statistics.
Subsecs. (b) to (d). Pub. L. 99–348, § 102(a), added subsecs. (b) to (d) and struck out former subsecs. (b) to (d) which read as follows:
“(b) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, the Secretary of Defense shall at the same time increase the retired and retainer pay of members and former members of the armed forces by the same percent as the percentage by which annuities are increased under such section.
“(c) Notwithstanding subsection (b), if a member or former member of an armed force becomes entitled to retired pay or retainer pay based on rates of monthly basic pay prescribed by section 203 of title 37 that became effective after the last day of the month of the base index, his retired pay or retainer pay shall be increased on the effective date of the next adjustment of retired pay and retainer pay under subsection (b) only by the percent (adjusted to the nearest one-tenth of 1 percent) that the new base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective.
“(d) If a member or former member of an armed force becomes entitled to retired pay or retainer pay on or after the effective date of an adjustment of retired pay and retainer pay under subsection (b) but before the effective date of the next increase in the rates of monthly basic pay prescribed by section 203 of title 37, his retired pay or retainer pay shall be increased, effective on the date he becomes entitled to that pay, by the percent (adjusted to the nearest one-tenth of 1 percent) that the base index exceeds the index for the calendar month immediately before that in which the rates of monthly basic pay on which his retired pay or retainer pay is based became effective.”
Subsec. (e). Pub. L. 99–348, § 102(a), added subsec. (e).
Subsec. (f). Pub. L. 99–348, § 102(c)(2), inserted heading and struck out “or retainer” after “retired” wherever appearing.
Subsecs. (g), (h). Pub. L. 99–348, § 102(b)(2), added subsecs. (g) and (h) and struck out former subsec. (g) which provided that the retired or retainer pay of a member or former member of an armed force as adjusted under this section, if not a multiple of $1, would be rounded to the next lower multiple of $1.
1984—Subsec. (f). Pub. L. 98–525 substituted “before October 7, 1975” for “prior to the effective date of this subsection”.
1983—Subsec. (e). Pub. L. 98–94, § 921(a)(1), struck out subsec. (e) which provided that: “Notwithstanding subsections (c) and (d), the adjusted retired pay or retainer pay of a member or former member of an armed force retired on or after October 1, 1967, may not be less than it would have been had he become entitled to retired pay or retainer pay based on the same pay grade, years of service for pay, years of service for retired or retainer pay purposes, and percent of disability, if any, on the day before the effective date of the rates of monthly basic pay on which his retired pay or retainer pay is based.”
Subsec. (f). Pub. L. 98–94, § 921(b), struck out “, subject to subsection (e) of this section,” after “the computation shall”.
Subsec. (g). Pub. L. 98–94, § 922(a)(2), added subsec. (g).
1980—Subsec. (b). Pub. L. 96–342 substituted provisions directing the Secretary of Defense to increase the retired and retainer pay of members and former members of the armed forces each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of title 5, with such increase to be by the same percent as the percentage by which the annuities are increased for provisions under which the Secretary of Defense had been authorized and directed to increase the retired pay and retainer pay of members and former members of the armed forces on March 1 and September 1 depending upon determinations which the Secretary was directed to make on January 1 and July 1 of each year with regards to the percentage change in the index published for June or December of the previous year.
1976—Subsec. (b). Pub. L. 94–440 substituted provisions that Secretary of Defense shall determine the percent change in the index on Jan. 1 and July 1 of each year and effective Mar. 1 and Sept. 1, retired and retainer pay shall be increased by the computed percent change adjusted to the nearest ⅒ of 1 percent, for provisions that the Secretary of Defense shall determine on a monthly basis the percent by which the index has increased over that used as a basis for the most recent adjustment of retired and retainer pay and if Secretary determines for 3 consecutive months that the amount of increase is at least 3 percent over the base index, retired and retainer pay shall be increased by adding 1 percent and the highest percent increase in the index during those months adjusted to the nearest ⅒ of 1 percent.
Pub. L. 94–361 struck out “the per centum obtained by adding 1 per centum and” before “the highest per centum of increase in the index”.
1975—Subsec. (f). Pub. L. 94–106 added subsec. (f).
1969—Subsec. (b). Pub. L. 91–179 provided for a 1 percent addition in computing increases in retired and retainer pay of present and former members of the armed forces, whenever the Secretary made such adjustments to effect increases in the consumer index over the base index.
1967—Subsec. (a). Pub. L. 90–207 substituted “may not be recomputed” for “shall not be recomputed”, struck out “if that increase becomes effective after the effective date of this section” after “armed forces” and inserted sentence defining “Index”.
Subsec. (b). Pub. L. 90–207 revised subsec. (b) generally and, among other changes, substituted provisions requiring the Secretary of Defense to determine monthly the percent by which the index has increased over that used as the basis for the most recent adjustment of retired and retainer pay under this subsection for provisions which required the Secretary of Defense to determine the per centum that the index for each calendar month after the calendar month immediately preceding the effective date of Pub. L. 89–132 has increased over the base index (that for the calendar month immediately preceding the effective date of Pub. L. 89–132 or, if later, that used as the basis for the most recent adjustment of retired and retainer pay under this subsection).
Subsecs. (c) to (e). Pub. L. 90–207 added subsecs. (c) to (e).
1965—Subsec. (b). Pub. L. 89–132 substituted provisions requiring the Secretary of Defense to determine the per centum for each calendar month that the Consumer Price Index has increased over the base Consumer Price Index, and if the index has shown an increase of at least 3 per centum over the base index for three consecutive calendar months to increase the retired or retainer pay by the highest per centum of increase in the index, for provisions which required a determination of the increase over the preceding calendar year and permitted an increase in the retired or retainer pay if the index advanced 3 per centum or more for a full calendar year.
Amendment by section 631(c)(1)(B) of Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees.
Pub. L. 113–82, § 2(b), Feb. 15, 2014, 128 Stat. 1009, provided that:
[Amendment made by Pub. L. 113–82, § 2(a), did not take effect pursuant to Pub. L. 114–92, § 631(d), set out below.]
Pub. L. 113–76, div. C, title X, § 10001(c), Jan. 17, 2014, 128 Stat. 151, provided that:
[Amendments made by Pub. L. 113–76, § 10001(a), (b), did not take effect pursuant to Pub. L. 114–92, § 631(d), set out below.]
Pub. L. 113–67, div. A, title IV, § 403(c), Dec. 26, 2013, 127 Stat. 1186, provided that:
[Amendments made by Pub. L. 113–67, § 403(a), (b), did not take effect pursuant to Pub. L. 114–92, § 631(d), set out below.]
Pub. L. 113–66, div. A, title VI, § 631(c), Dec. 26, 2013, 127 Stat. 785, provided that:
Pub. L. 106–65, div. A, title VI, § 644, Oct. 5, 1999, 113 Stat. 664, provided that:
Pub. L. 104–201, div. A, title VI, § 632(b), Sept. 23, 1996, 110 Stat. 2550, provided that:
Pub. L. 103–337, div. A, title VI, § 633(b), Oct. 5, 1994, 108 Stat. 2787, provided that:
Pub. L. 100–456, div. A, title VI, § 622(b), Sept. 29, 1988, 102 Stat. 1983, provided that:
Pub. L. 98–94, title IX, § 921(a)(2), Sept. 24, 1983, 97 Stat. 640, provided that:
Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title.
Pub. L. 96–342, title VIII, § 812(b)(1), Sept. 8, 1980, 94 Stat. 1098, set out below, provided that the amendment made by that section is effective Aug. 31, 1981, but subject to certain conditions.
Pub. L. 94–440, title XIII, § 1306(d)(2), Oct. 1, 1976, 90 Stat. 1463, provided that:
Pub. L. 91–179, § 2, Dec. 30, 1969, 83 Stat. 837, provided that:
Amendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90–207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uniformed Services.
Amendment by Pub. L. 89–132 effective Sept. 1, 1965, see section 10 of Pub. L. 89–132, set out as a note under section 203 of Title 37, Pay and Allowances of the Uniformed Services.
Section effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as an Effective Date of 1963 Amendment note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.
Pub. L. 114–92, div. A, title VI, § 631(d), Nov. 25, 2015, 129 Stat. 845, provided that:
Pub. L. 104–106, div. A, title VI, § 631(b), Feb. 10, 1996, 110 Stat. 364, provided that if a civil service retiree COLA that becomes effective during fiscal year 1998 becomes effective on a date other than the date on which a military retiree COLA during that fiscal year is specified to become effective under subsec. (b)(2)(B) of this section, then the increase in military retired and retainer pay would become payable as part of such retired and retainer pay effective on the same date on which such civil service retiree COLA was to become effective, prior to repeal by Pub. L. 104–201, div. A, title VI, § 631(b), Sept. 23, 1996, 110 Stat. 2549.
Pub. L. 103–337, div. A, title VI, § 631, Oct. 5, 1994, 108 Stat. 2785, provided that:
Pub. L. 103–337, div. A, title VI, § 632, Oct. 5, 1994, 108 Stat. 2786, provided that:
Pub. L. 103–337, div. A, title VI, § 634, Oct. 5, 1994, 108 Stat. 2787, provided that:
Pub. L. 103–335, title VIII, § 8114A, Sept. 30, 1994, 108 Stat. 2648, as amended by Pub. L. 104–106, div. A, title VI, § 631(c), Feb. 10, 1996, 110 Stat. 365, provided that:
Pub. L. 96–342, title VIII, § 812, Sept. 8, 1980, 94 Stat. 1098, as amended by Pub. L. 97–35, title II, § 211(b), Aug. 13, 1981, 95 Stat. 383, provided that:
“ ‘(b) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, the Secretary of Defense shall at the same time increase the retired and retainer pay of members and former members of the armed forces by the same percent as the percentage by which annuities are increased under such section.’.
Pub. L. 95–581, Nov. 2, 1978, 92 Stat. 2478, provided:
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in Pub. L. 96–342, set out above, is Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, which was revised generally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196, is known as the Central Intelligence Agency Retirement Act and is classified generally to chapter 38 (§ 2001 et seq.) of Title 50, War and National Defense.]
Pub. L. 94–361, title VIII, § 801(c), July 14, 1976, 90 Stat. 929, provided that:
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in Pub. L. 94–361, set out above, is Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, which was revised generally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196, is known as the Central Intelligence Agency Retirement Act and is classified generally to chapter 38 (§ 2001 et seq.) of Title 50, War and National Defense.]
Pub. L. 93–210, § 2, Dec. 28, 1973, 87 Stat. 908, provided that:
Pub. L. 90–207, § 2(b), Dec. 16, 1967, 81 Stat. 653, provided that: