A bill to amend title 10, United States Code, to make technical corrections in provisions of law enacted by the Military Retirement Reform Act of 1986.
PL 100-224 (H.R.2974), enacted 12/30/1987

101 STAT. 1536 
PUBLIC LAW 100-224—DEC. 30, 1987 
Public Law 100-224 
100th Congress 
' —" ' - - 
An Act 
Dec. 30, 1987 
To amend title 10, United States Code, to make technical corrections in provisions of 
[H.R. 2974] 
law enacted by the Military Retirement Reform Act of 1986. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Wages. 
SECTION 1. COST-OF-LIVING ADJUSTMENTS OF MILITARY RETIRED PAY. 
(a) RULE FOR C P I - 1 FORMULA FOR NEW ENTRANTS.—Subsection (b) 
of section 1401a of title 10, United States Code, is amended— 
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
"(4) SPECIAL RULE FOR PARAGRAPH (3).—If in any case in 
which an increase in retired pay that would otherwise be made 
under paragraph (3) is not made by reason of law (other than 
any provision of this section), then (unless otherwise provided 
. 
by law) when the next increase in retired pay is made under 
* 
this subsection, the increase under paragraph (3) shall be car-
ried out so as to achieve the same net increase in retired pay 
under that paragraph that would have been the case if that law 
^ 
had not been enacted.". 
(b) PRO RATING OF INITIAL C P I ADJUSTMENT FOR NEW MEMBERS.— 
Subsection (e) of such section is amended by striking out "only by" 
and all that follows in that subsection and inserting in lieu thereof 
the following: "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.". 
SEC. 2. RESTORAL OF BENEFITS AT AGE 62 FOR NEW RETIREMENT 
MEMBERS. 
Section 1410 of title 10, United States Code, is amended— 
(1) by striking out "(a) GENERAL RULE.—" and 
(2) by striking out "the amount equal to—" and all that 
' 
follows and inserting in lieu thereof "the amount equal to the 
amount of retired pay to which the member would be entitled 
on that date if— 
"(1) increases in the member's retired pay under section 
1401a(b) of this title had been computed as provided in para-
PUBLIC LAW 100-224—DEC. 30, 1987 
101 STAT. 1537 
graph (2) of that section (rather than under paragraph (3) of 
that section); and 
"(2) in the case of a member whose retired pay was subject to 
section 1409(b)(2) of this title, no reduction in the member's 
retired pay had been made under that section.". 
SEC. 3. SURVIVOR BENEFIT PLAN AMENDMENTS. 
(a) ADJUSTMENT AT AGE 62 IN BASE AMOUNT.—(1) Section 1451 of 
title 10, United States Code, is amended— 
(A) by inserting after subsection (g) the following: 
"(h)(1) Whenever retired pay is increased under section 1401a of 
this title (or any other provision of law), the base amount applicable 
to each participant in the Plan shall be increased at the same time. 
The increase shall be by the same percent as the percent by which 
the retired pay of the participant is increased. 
"(2) When the retired pay of a person who first became a member 
of a uniformed service on or after August 1, 1986, and who is a 
participant in the Plan is recomputed under section 1410 of this title 
, 
, . 
upon the person's becoming 62 years of age, the base amount 
• 
applicable to that person shall be recomputed (effective on the 
effective date of the recomputation of such retired pay under section 
1410 of this title) so as to be the amount equal to the amount of the 
base amount that would be in effect on that date if increases in such 
base amount under paragraph (1) had been computed as provided in 
paragraph (2) of section 1401a(b) of this title (rather than under 
paragraph (3) of that section)."; and 
(B) by striking out "(h) Computation" and inserting in lieu 
thereof "(3) Computation". 
(2) Subsection (a) of such section is amended by striking out "(as 
the base amount is adjusted from time to time under section 1401a 
of this title)" in paragraphs (1)(A), (1)(B), (2)(A), and (2)(B). 
(b) ADJUSTMENT AT AGE 62 IN AMOUNT OF REDUCTION IN RETIRED 
PAY.—Section 1452 of such title is amended by adding at the end the 
following new subsection: 
"(i) When the retired pay of a person who first became a member 
of a uniformed service on or after August 1, 1986, and who is a 
participant in the Plan is recomputed under section 1410 of this title 
upon the person's becoming 62 years of age, the amount of the 
reduction in such retired pay under this section shall be recomputed 
(effective on the effective date of the recomputation of such retired 
pay under section 1410 of this title) so as to be the amount equal to 
the amount of such reduction that would be in effect on that date if 
increases in such retired pay under section 1401a(b) of this title, and 
increases in reductions in such retired pay under subsection (h), had 
been computed as provided in paragraph (2) of section 1401a(b) of 
this title (rather than under paragraph (3) of that section).". 
(c) ADJUSTMENT OF AMOUNT OF ANNUITY.—Section 1451(i) of such 
title is amended by striking out "on the basis o f the second place it 
appears and all that follows and inserting in lieu thereof "so as to be 
the amount equal to the amount of the annuity that would be in 
effect on that date if increases under subsection (h)(1) in the base 
amount applicable to that annuity to the time of the death of the 
member or former member, and increases in such annuity under 
subsection (g)(1), had been computed as provided in paragraph (2) of 
section 1401a(b) of this title (rather than under paragraph (3) of that 
section).". 
101 STAT. 1538 
PUBLIC LAW 100-224—DEC. 30, 1987 
SEC. 4. INVOLUNTARY RELEASE FROM ACTIVE DUTY FOR CERTAIN 
RESERVE MEMBERS. 
Section 1163(d) of title 10, United States Code, is amended by 
inserting "(other than for training)" after "active duty". 
SEC. 
5
. 
OTHER 
TECHNICAL 
CORRECTIONS. 
(a) PUBLIC LAW 100-180.—(1) The table relating to warrant offi-
cers in section 305a(b) of title 37, United States Code (as amended by 
section 621(a) of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100-180)), is amended by striking 
out "Over 13" and inserting in lieu thereof "Over 14". 
(2) Section 301c(b) of title 37, United States Code (as amended by 
section 623(b) of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (Public Law 100-180)), is amended in the 
matter preceding the tables by striking out "(b) The monthly rates 
for special pay under subsection (a) are as follows:". 
(3) Section 8030)) of the National Defense Authorization Act for 
10 use 2437. 
Fiscal Years 1988 and 1989 (Public Law 100-180) is amended by 
striking out "Section 2437" and inserting in lieu thereof "Section 
2437(a)". 
10 use 2437 
(4) The amendments made by this subsection shall apply as if 
J^o**- 
included in Public Law 100-180 as enacted on December 4, 1987. 
OD) TITLE 10.—(1) Section 1450(f)(3)(A) of title 10, United States 
Code, is amended by striking out the second comma after "required 
by a court order to make such an election". 
(2) Section 2327 of such title is amended by inserting "App." after 
"(50 U.S.C." in subsections (a) and (b)(2). 
(3) The item relating to section 2690 in the table of sections at the 
beginning of chapter 159 of such title is amended to read as follows: 
"2690. Fuel sources for heating systems; prohibition on converting certain heating 
facilities.". 
(4) The item relating to section 5898 in the table of sections at the 
beginning of chapter 549 of such title is amended to read as follows: 
"5898. Action on reports of selection boards.". 
Approved December 30,1987. 
LEGISLATIVE HISTORY—H.R. 2974: 
HOUSE REPORTS: No. 100-231 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
July 28, considered and passed House. 
Aug. 6, considered and passed Senate, amended. 
Dec. 16, House concurred in Senate amendment with an amendment. 
Dec. 17, Senate concurred in House amendment.