http://www.dfas.mil/retiredpay/retiredpaycap.html
Notice that disability retired pay is still capped at 75%. This should not change any decisions for Chapter 61 retirees over twenty years of service as they still get the better of the two amounts (retired rating percentage of pay vs Length of Service percentage of pay).
It applies to retirees who retired after December 31, 2006. Here is the text of the law:
SEC. 642. INAPPLICABILITY OF RETIRED PAY MULTIPLIER MAXIMUM PERCENTAGE TO CERTAIN SERVICE OF MEMBERS OF THE ARMED FORCES IN EXCESS OF 30 YEARS.
(a) In General.--Paragraph (3) of section 1409(b) of title 10, United States Code, is amended to read as follows:
``(3) 30 years of service.--
``(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.
``(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--
``(i) 75 percent; and
``(ii) the product (stated as a percentage) of--
``(I) 2\1/2\; and
``(II) the member's years of creditable service (as defined in subsection (c)) in excess of 30 years of creditable service, under conditions authorized for purposes of this subparagraph during a period designated by the Secretary of Defense for purposes of this subparagraph.''.
(b) Retired Pay for Non-Regular Service.--Section 12739(c) of such title is amended--
(1) by striking ``The total amount'' and inserting ``(1) Except as provided in paragraph (2), the total amount''; and
(2) by adding at the end the following new paragraph: ``(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--
``(A) 75 percent of the retired pay base upon which the computation is based; and
``(B) the product of--
``(i) the retired pay base upon which the computation is based; and
``(ii) 2\1/2\ percent of the years of service credited to that person under section 12733 of
this title, for service under conditions authorized for purposes of this paragraph during a period designated by the Secretary of Defense for purposes of this paragraph.''.
Notice that disability retired pay is still capped at 75%. This should not change any decisions for Chapter 61 retirees over twenty years of service as they still get the better of the two amounts (retired rating percentage of pay vs Length of Service percentage of pay).
It applies to retirees who retired after December 31, 2006. Here is the text of the law:
SEC. 642. INAPPLICABILITY OF RETIRED PAY MULTIPLIER MAXIMUM PERCENTAGE TO CERTAIN SERVICE OF MEMBERS OF THE ARMED FORCES IN EXCESS OF 30 YEARS.
(a) In General.--Paragraph (3) of section 1409(b) of title 10, United States Code, is amended to read as follows:
``(3) 30 years of service.--
``(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.
``(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--
``(i) 75 percent; and
``(ii) the product (stated as a percentage) of--
``(I) 2\1/2\; and
``(II) the member's years of creditable service (as defined in subsection (c)) in excess of 30 years of creditable service, under conditions authorized for purposes of this subparagraph during a period designated by the Secretary of Defense for purposes of this subparagraph.''.
(b) Retired Pay for Non-Regular Service.--Section 12739(c) of such title is amended--
(1) by striking ``The total amount'' and inserting ``(1) Except as provided in paragraph (2), the total amount''; and
(2) by adding at the end the following new paragraph: ``(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--
``(A) 75 percent of the retired pay base upon which the computation is based; and
``(B) the product of--
``(i) the retired pay base upon which the computation is based; and
``(ii) 2\1/2\ percent of the years of service credited to that person under section 12733 of
this title, for service under conditions authorized for purposes of this paragraph during a period designated by the Secretary of Defense for purposes of this paragraph.''.