Basis for Determination of Retired Pay for Certain Military Personnel

An advance decision was requested as to whether the retired pay of an officer who retires under the provisions of 10 U.S.C. 6323 while serving in a position listed in 37 U.S.C. 202(i) may be based on the active duty pay of the position in which he is serving. A Navy officer who serves in a position listed under the provisions of 37 U.S.C. 202(i) and who is entitled to the highest basic pay of his grade while so serving, upon retirement under the provisions of 10 U.S.C. 6323 may compute his retired pay on the basis of the highest rate of pay of that grade if he is retired in that grade in accordance with 10 U.S.C. 6323(c).