[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2211 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2211

To amend title 10, United States Code, to apply the additional retired 
  pay percentage for extraordinary heroism to the computation of the 
retired pay of enlisted members of the Armed Forces who are retired for 
                  any reason, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2002

 Mr. Hutchinson (for himself and Mr. Cleland) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to apply the additional retired 
  pay percentage for extraordinary heroism to the computation of the 
retired pay of enlisted members of the Armed Forces who are retired for 
                  any reason, and for other purposes.

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

SECTION 1. EXPANDED APPLICABILITY OF ADDITIONAL RETIRED PAY FOR 
              EXTRAORDINARY HEROISM.

    (a) Army.--Section 3991(a)(2) of title 10, United States Code, is 
amended--
            (1) by striking ``If a member who is retired under section 
        3914 of this title'' and inserting ``If an enlisted member 
        entitled to monthly retired pay under this subtitle''; and
            (2) by inserting after the first sentence the following new 
        sentence: ``The first sentence does not apply with respect to 
        retired pay computed under section 12733 of this title.''.
    (b) Navy and Marine Corps.--(1) Chapter 571 of such title is 
amended by inserting after section 6334 the following new section:
``Sec. 6334a. Computation of retired pay: additional 10 percent for 
              enlisted members credited with extraordinary heroism
    ``If an enlisted member entitled to monthly retired pay under this 
subtitle has been credited by the Secretary of the Navy with 
extraordinary heroism in the line of duty, the member's retired pay 
shall be increased by 10 percent of the amount determined under section 
6333 or 6334 of this title, as the case may be, but to not more than 75 
percent of the retired pay base upon which the computation of such 
retired pay is based. The first sentence does not apply with respect to 
retired pay computed under section 12733 of this title. The Secretary's 
determination as to extraordinary heroism is conclusive for all 
purposes.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``6334a. Computation of retired pay: additional 10 percent for enlisted 
                            members credited with extraordinary 
                            heroism.''.
    (c) Air Force.--Section 8991(a)(2) of title 10, United States Code, 
is amended--
            (1) by striking ``If a member who is retired under section 
        8914 of this title'' and inserting ``If an enlisted member 
        entitled to monthly retired pay under this subtitle''; and
            (2) by inserting after the first sentence the following new 
        sentence: ``The first sentence does not apply with respect to 
        retired pay computed under section 12733 of this title.''.
    (d) Disability Retirement.--(1) Section 1201 of such title is 
amended--
            (A) in subsection (a), by striking ``, with retired pay 
        computed under section 1401 of this title,''; and
            (B) by adding at the end the following new subsection:
    ``(d) Computation of Retired Pay.--(1) The retired pay to which a 
member is entitled under this section shall be computed under section 
1401 of this title.
    ``(2) If an enlisted member entitled to monthly retired pay under 
this section has been credited by the Secretary concerned with 
extraordinary heroism in the line of duty, the member's retired pay 
shall be increased by 10 percent of the amount determined under section 
1401 of this title (but to not more than 75 percent of the retired pay 
base upon which the computation of such retired pay is based).''.
    (2) Section 1202 of such title is amended--
            (A) by inserting ``(a) Retirement.--'' before the text of 
        such section;
            (B) by striking ``with retired pay computed under section 
        1401 of this title'' and inserting ``and pay retired pay to the 
        member.''; and
            (C) by adding at the end the following new subsection:
    ``(b) Computation of Retired Pay.--(1) The retired pay to which a 
member is entitled under this section shall be computed under section 
1401 of this title.
    ``(2) If an enlisted member entitled to monthly retired pay under 
this section has been credited by the Secretary concerned with 
extraordinary heroism in the line of duty, the member's retired pay 
shall be increased by 10 percent of the amount determined under section 
1401 of this title (but to not more than 75 percent of the retired pay 
base upon which the computation of such retired pay is based).''.
    (e) Applicability.--The amendments made by this section shall not 
apply with respect to months beginning on or before the date of the 
enactment of this Act.
                                 <all>