US (United States) Code. Title 37. Chapter 3: Basic pay

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Pay and allowances of the uniformed services

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-CITE-

37 USC CHAPTER 3 - BASIC PAY 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

CHAPTER 3 - BASIC PAY

-MISC1-

Sec.

201. Pay grades: assignment to; general rules.

202. Pay grades: retired Coast Guard rear admirals (lower

half).

203. Rates.

204. Entitlement.

205. Computation: service creditable.

206. Reserves; members of National Guard: inactive-duty

training.

207. Band leaders.

[208. Repealed.]

209. Members of precommissioning programs.

210. Pay of senior enlisted members during terminal leave

and while hospitalized.

211. Participation in Thrift Savings Plan.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title VI, Sec. 661(a)(1)(B), Oct.

5, 1999, 113 Stat. 670, added item 211.

1996 - Pub. L. 104-201, div. A, title VI, Sec. 603(b)(2), Sept.

23, 1996, 110 Stat. 2540, substituted "Pay of senior enlisted

members during terminal leave and while hospitalized" for "Pay of

the senior noncommissioned officer of an armed force during

terminal leave" in item 210.

1991 - Pub. L. 102-190, div. A, title VI, Sec. 606(b), Dec. 5,

1991, 105 Stat. 1375, added item 210.

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(f)(1), Nov.

5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in

all capital letters.

1985 - Pub. L. 99-145, title V, Sec. 514(d)(2)(C), Nov. 8, 1985,

99 Stat. 629, substituted "Pay grades: retired Coast Guard rear

admirals (lower half)" for "Pay grade: retired Coast Guard

commodores" in item 202.

1984 - Pub. L. 98-557, Sec. 25(b)(2)(B), Oct. 30, 1984, 98 Stat.

2872, substituted "Pay grade: retired Coast Guard commodores" for

"Pay grades; commodores, retired list" in item 202.

1983 - Pub. L. 97-417, Sec. 3(b), Jan. 4, 1983, 96 Stat. 2087,

substituted "Pay grades; commodores, retired list" for "Pay grades:

assignment to; rear admirals (upper half) of the Coast Guard" in

item 202.

1980 - Pub. L. 96-513, title V, Sec. 506(2), Dec. 12, 1980, 94

Stat. 2918, substituted "rear admirals (upper half) of the Coast

Guard" for "rear admirals of upper half; officers holding certain

positions in the Navy" in item 202.

1977 - Pub. L. 95-79, title III, Sec. 302(a)(3)(C), July 30,

1977, 91 Stat. 326, substituted "precommissioning programs" for

"Senior Reserve Officers' Training Corps" in item 209.

1970 - Pub. L. 91-482, Sec. 2F, Oct. 21, 1970, 84 Stat. 1082,

struck out item 208 "Furlough pay: officers of Regular Navy or

Regular Marine Corps".

1964 - Pub. L. 88-647, title II, Sec. 202(5), Oct. 13, 1964, 78

Stat. 1071, substituted "Senior Reserve Officers' Training Corps"

for "naval officer candidate programs" in item 209.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 406, 1003 of this title;

title 26 section 3121; title 42 section 409.

-End-

-CITE-

37 USC Sec. 201 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 201. Pay grades: assignment to; general rules

-STATUTE-

(a) For the purpose of computing their basic pay, commissioned

officers of the uniformed services (other than commissioned warrant

officers) are assigned by the grade or rank in which serving to the

following pay grades:

Pay grade Army, Air Navy, Coast Guard, Public Health

Force, and and Service

Marine National Oceanic

Corps and Atmospheric

Administration

--------------------------------------------------------------------

O-10 General Admiral Assistant

Secretary for

Health.

O-9 Lieutenant Vice admiral Surgeon General.

general

O-8 Major Rear admiral Deputy Surgeon

general General.

Assistant Surgeon

General having

rank of major

general.

O-7 Brigadier Rear admiral Assistant Surgeon

general (lower half) General having

rank of brigadier

general.

O-6 Colonel Captain Director grade.

O-5 Lieutenant Commander Senior grade.

colonel

O-4 Major Lieutenant Full grade.

commander

O-3 Captain Lieutenant Senior assistant

grade.

O-2 1st Lieutenant (junior Assistant grade.

lieutenant grade)

O-1 2d Ensign Junior assistant

lieutenant grade.

--------------------------------------------------------------------

(b) For the purpose of computing their basic pay, warrant

officers of the armed forces are assigned, by the warrant officer

grade in which serving, to the following pay grades:

Pay Grade: Warrant Officer Grade:

--------------------------------------------------------------------

W-5 Chief Warrant Officer, W-5.

W-4 Chief Warrant Officer, W-4.

W-3 Chief Warrant Officer, W-3.

W-2 Chief Warrant Officer, W-2.

W-1 Warrant Officer, W-1.

--------------------------------------------------------------------

(c) Unless entitled to the basic pay of a higher pay grade, an

aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard

is entitled to monthly basic pay at the lowest rate prescribed for

pay grade E-4.

(d) Unless he is entitled to the basic pay of a higher pay grade,

an aviation pilot of the Naval Reserve, Marine Corps Reserve, or

Coast Guard Reserve is entitled to monthly basic pay at the rate

prescribed for pay grade E-5.

(e) Except as provided by subsections (c) and (d), enlisted

members of the uniformed services shall, for the purpose of

computing their basic pay, be distributed by the Secretary

concerned in the various enlisted pay grades set forth in section

203 of this title. However, except as provided by section 307 of

this title, an enlisted member may not be placed in pay grade E-8

or E-9 until he has completed at least 8 years or 10 years,

respectively, of enlisted service computed under section 205 of

this title.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 453; Pub. L. 88-132, Sec.

3(a), Oct. 2, 1963, 77 Stat. 212; Pub. L. 89-718, Sec. 49(a)(1),

Nov. 2, 1966, 80 Stat. 1121; Pub. L. 91-278, Sec. 3(1), June 12,

1970, 84 Stat. 306; Pub. L. 95-79, title III, Sec. 302(a)(1), July

30, 1977, 91 Stat. 326; Pub. L. 96-76, title III, Sec. 313(a),

Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-513, title V, Secs.

506(3), 516(2), Dec. 12, 1980, 94 Stat. 2918, 2937; Pub. L. 97-86,

title IV, Sec. 405(c), Dec. 1, 1981, 95 Stat. 1106; Pub. L. 98-94,

title IX, Sec. 932(d), Sept. 24, 1983, 97 Stat. 650; Pub. L.

98-557, Sec. 25(b)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L.

99-145, title V, Sec. 514(d)(1), Nov. 8, 1985, 99 Stat. 629; Pub.

L. 101-502, Sec. 5(k)(2), Nov. 3, 1990, 104 Stat. 1289; Pub. L.

102-25, title VII, Sec. 701(b)(1), (c), Apr. 6, 1991, 105 Stat.

117; Pub. L. 102-190, div. A, title VI, Sec. 605, title XI, Sec.

1111(b), Dec. 5, 1991, 105 Stat. 1374, 1491.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

201(a) 37:232(b). Oct. 12, 1949, ch. 681,

Sec. 201(b); restated

May 20, 1958, Pub. L.

85-422, Sec. 1(2), 72

Stat. 124.

201(b) 37:304 (as applicable to Oct. 12, 1949, ch. 681,

basic pay). Sec. 504 (as applicable

to basic pay), 63 Stat.

827.

201(c) 37:308 (as applicable to Oct. 12, 1949, ch. 681,

pay). Sec. 508 (as applicable

to pay), 63 Stat. 828;

May 19, 1952, ch. 310,

Sec. 1(e), 66 Stat. 80;

Mar. 31, 1955, ch. 20,

Sec. 2(14), 69 Stat. 22.

201(d) 10:555(a) (as applicable [None.]

to pay grades).

201(e) 37:232(e). Oct. 12, 1949, ch. 681,

Sec. 201(e); added Mar.

31, 1955, ch. 20, Sec.

2(3), 69 Stat. 19.

201(f) 10:6915(f). [None.]

14:758a(f).

[None.]

201(g) 37:232(c) (less last Oct. 12, 1949, ch. 681,

sentence). Sec. 201(c) (less last

sentence), 63 Stat. 807;

redesignated as "(c)" by

Mar. 31, 1955, ch. 20,

Sec. 2(2), 69 Stat. 19;

May 20, 1958, Pub. L.

85-422, Sec. 1(3) (first

sentence), 72 Stat. 124.

--------------------------------------------------------------------

In subsection (a), the words "whether under temporary or

permanent appointment" are omitted as surplusage. The words "the

following pay grades" are substituted for the words "the various

pay grades prescribed for commissioned officers by subsection (a)

of this section, as follows". The words "(other than a commissioned

warrant officer)" are inserted to conform to the definition of

"warrant officer" in section 101(13) of this revised title.

In subsection (b), the words "with two or less years of service

computed under section 205 of this title" are substituted for the

word "minimum".

In subsections (c) and (e), the words "with two or less years of

service computed under section 205 of this title" are substituted

for the words "with under two cumulative years' service" and "with

under two cumulative years of service", in sections 308 and 232(e),

respectively, of existing title 37.

In subsection (e), the words "enlisted or appointed under the

Army Aviation Cadet Act, as amended, or under the Naval Aviation

Cadet Act of 1942, as amended" are omitted as obsolete and

surplusage. Both of the cited acts were repealed by section 53 of

the Act of August 10, 1956, ch. 1041 (70A Stat. 641), and replaced

by various sections of title 10. Further reference is surplusage,

however, since aviation cadets are not appointed or enlisted under

any provision of law other than the sections of title 10 embodying

the former Army Aviation Cadet Act and the Naval Aviation Cadet Act

of 1942. The word "basic" is inserted for clarity, since the word

"pay" as defined in section 101(21) of this revised title includes

special and incentive pays. Incentive pay for aviation cadets is

provided in section 301(b) of this revised title.

In subsection (f), the words "While on active duty", in section

6915(f) of title 10 and section 758a(f) of title 14, are omitted as

covered by section 204 of this title which prescribes the

conditions under which members of the uniformed services are

entitled to basic pay. The words "Unless he is entitled to the

basic pay of a higher pay grade" are substituted for the words "or

that of his grade, whichever is greater" in section 6915(f) of

title 10 and section 758a(f) of title 14.

In subsection (g), the words "Except as provided by subsections

(e) and (f)" are inserted to reflect those subsections relating to

enlisted aviation cadets or aviation pilots.

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-190, Sec. 1111(b), amended table

generally, adding provisions relating to Chief Warrant Officer at

grade W-5.

Subsec. (c). Pub. L. 102-190, Sec. 605, amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "An

aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard

is entitled to monthly basic pay at the rate of 50 percent of the

basic pay of a commissioned officer in pay grade O-1 with two or

less years of service computed under section 205 of this title."

Subsec. (e). Pub. L. 102-25 struck out "of this section" after

"subsections (c) and (d)".

1990 - Subsec. (a). Pub. L. 101-502 inserted "Assistant Secretary

for Health" in fourth column of table in pay grade O-10.

1985 - Subsec. (a). Pub. L. 99-145 substituted "Rear admiral

(lower half)" for "Commodore" in third column of table in pay grade

O-7.

1984 - Subsec. (a). Pub. L. 98-557 substituted "Rear admiral" for

"Rear admiral (Navy) and Rear admiral (upper half)(Coast Guard and

National Oceanic and Atmospheric Administration)" in third column

of table in pay grade O-8, and in pay grade O-7 substituted

"Commodore" for "Commodore (Navy) and Rear admiral (lower half) and

commodore (Coast Guard and National Oceanic and Atmospheric

Administration".

1983 - Subsecs. (b) to (f). Pub. L. 98-94 struck out subsec. (b)

which related to basic pay for contract surgeons, redesignated

subsecs. (c) to (f) as (b) to (e), respectively, and in subsec.

(e), as so redesignated, substituted "subsections (c) and (d)" for

"subsections (d) and (e)".

1981 - Subsec. (a). Pub. L. 97-86 substituted "Commodore" for

"Commodore admiral" in third column of table in pay grade O-7.

1980 - Subsec. (a). Pub. L. 96-513, Sec. 506(3), substituted in

heading of third column of table "National Oceanic and Atmospheric

Administration" for "Environmental Science Services Administration"

and in third column "Rear admiral (Navy) and Rear admiral (upper

half) (Coast Guard and National Oceanic and Atmospheric

Administration)" for "Rear admiral (upper half)" and "Commodore

admiral (Navy) and Rear admiral (lower half) and commodore (Coast

Guard and National Oceanic and Atmospheric Administration)" for

"Rear admiral (lower half) and commodore".

Subsec. (f). Pub. L. 96-513, Sec. 516(2), substituted "subsection

(d)" for "subsection (f)".

1979 - Subsec. (a). Pub. L. 96-76 transferred the Surgeon General

from pay grade O-8 to pay grade O-9 in fourth column of table.

1977 - Subsecs. (c) to (g). Pub. L. 95-79 struck out subsec. (c)

which related to the monthly rate of pay of cadets and midshipmen

at the service academies, and redesignated subsecs. (d) to (g) as

(c) to (f), respectively.

1970 - Subsec. (e). Pub. L. 91-278 entitled aviation cadets of

Coast Guard to basic pay rate.

1966 - Subsec. (a). Pub. L. 89-718 substituted "Environmental

Science Services Administration" for "Coast and Geodetic Survey" in

heading of third column of table.

1963 - Subsec. (b). Pub. L. 88-132 substituted "O-3 with over

four, but not more than six," for "O-2 with two or less".

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by section 1111(b) of Pub. L. 102-190 effective Feb. 1,

1992, see section 1132 of Pub. L. 102-190, set out as a note under

section 521 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5(k)(3) of Pub. L. 101-502 provided that: "The amendments

made by paragraphs (1) and (2) [amending this section and section

207 of Title 42, The Public Health and Welfare] shall take effect

on the first day of the month immediately following the month in

which this Act was enacted [November 1990]."

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section

932(f) of Pub. L. 98-94, set out as an Effective Date note under

section 1091 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 506(3), 516(2) of Pub. L. 96-513 effective

Sept. 15, 1981, and Dec. 12, 1980, respectively, see section

701(a), (b)(3) of Pub. L. 96-513, set out as a note under section

101 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section

314 of Pub. L. 96-76, set out as a note under section 206 of Title

42, The Public Health Welfare.

EFFECTIVE DATE OF 1963 AMENDMENT

Section 14 of Pub. L. 88-132 provided that: "This Act [see Short

Title of 1963 Amendment note set out under section 101 of this

title] becomes effective on October 1, 1963."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service, transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government

Organization and Employees. Secretary of Health, Education, and

Welfare redesignated Secretary of Health and Human Services by

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1602; title 10

section 571; title 18 section 207.

-End-

-CITE-

37 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 202. Pay grades: retired Coast Guard rear admirals (lower

half)

-STATUTE-

An officer of the Coast Guard holding a permanent appointment in

the grade of rear admiral (lower half) on the retired list, and who

in time of war or national emergency has served satisfactorily on

active duty for two years in that grade or in a higher grade, is

entitled when on active duty to the basic pay of a rear admiral.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 454; Pub. L. 89-718, Sec.

50, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90-130, Sec. 3(1), Nov. 8,

1967, 81 Stat. 383; Pub. L. 90-179, Sec. 7, Dec. 8, 1967, 81 Stat.

548; Pub. L. 90-623, Sec. 3(2), Oct. 22, 1968, 82 Stat. 1314; Pub.

L. 92-451, Sec. 2, Oct. 2, 1972, 86 Stat. 757; Pub. L. 96-342,

title X, Sec. 1004(a), Sept. 8, 1980, 94 Stat. 1120; Pub. L.

96-513, title IV, Sec. 401, Dec. 12, 1980, 94 Stat. 2904; Pub. L.

97-417, Sec. 3(a), Jan. 4, 1983, 96 Stat. 2087; Pub. L. 98-557,

Sec. 25(b)(2)(A), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99-145,

title V, Sec. 514(d)(2)(A), (B), Nov. 8, 1985, 99 Stat. 629.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

202(a) 10:5507(a). [None.]

202(b) 10:5507(b). [None.]

202(c) 10:5507(c). [None.]

202(d) 10:5507(d). [None.]

14:462a (less [None.]

applicability to retired

pay).

202(e) 10:5507(e). [None.]

202(f) 14:462. [None.]

202(g) 10:5133(a) (last 13 words [None.]

of last sentence).

202(h) 10:5064(b) (the words, [None.]

"pay, allowances,").

10:5111(b) (the words [None.]

"pay, allowances, and").

10:5133(a) (last 20 words [None.]

of 1st sentence).

10:5138(b) (the words [None.]

"pay, allowances, and").

10:5142 (last sentence). [None.]

10:5145(c) (last 12 [None.]

words).

10:5148(b) (the words [None.]

"pay, allowances,").

10:5150(c) (the words, [None.]

"pay, allowances,").

202(i) 10:5064(c) (last [None.]

sentence).

10:5134. [None.]

10:5149(a) (last [None.]

sentence).

10:5150(d) (last [None.]

sentence).

10:5202(a) (last [None.]

sentence).

202(j) 10:5062. [None.]

--------------------------------------------------------------------

In subsections (a)-(j), the words "and allowances" are omitted as

surplusage, since, under chapter 7 of this revised title,

entitlement to allowances is based upon entitlement to basic pay.

In subsection (f), the words "provided by law", "this or any

other", and "for any reason" are omitted as surplusage.

In subsection (g), the words "Judge Advocate General of the Navy"

are inserted to reflect section 5148 of title 10.

In subsection (i), the last 12 words of section 5145(c) of title

10 are omitted as covered by section 5134 of title 10.

AMENDMENTS

1985 - Pub. L. 99-145 substituted "Pay grades: retired Coast

Guard rear admirals (lower half)" for "Pay grade: retired Coast

Guard commodores" in section catchline, and substituted "rear

admiral (lower half)" for "commodore" in text.

1984 - Pub. L. 98-557 substituted "Pay grade: retired Coast Guard

commodores" for "Pay grades: commodores, retired list" in section

catchline.

1983 - Pub. L. 97-417 substituted provision relating to the

entitlement of retired list Coast Guard commodores to the basic pay

of a retired rear admiral after two years emergency or wartime

duty, for former subsecs. (a) and (b), which, respectively, related

to the entitlement of retired Coast Guard rear admirals (otherwise

entitled to the basic pay of retired list rear admirals) to the

basic pay of an upper half rear admiral after two years emergency

or wartime active duty, and provided that the number of active list

Coast Guard rear admirals entitled to upper half pay be half the

difference between the number of active list officers above captain

and the number of officers serving above rear admiral, an odd

number result to be placed in the upper half, and no officer

entitled to rear admiral pay to have it reduced solely because of a

reduction in the number of rear admirals.

1980 - Pub. L. 96-513, Sec. 401(b), substituted "(upper half) of

the Coast Guard" for "of upper half; officers holding certain

positions in the Navy" in section catchline.

Subsec. (a). Pub. L. 96-513, Sec. 401(a)(1), (2), redesignated

subsec. (e) as (a) and struck out applicability to the Navy. Former

subsec. (a), relating to entitlement of an officer not restricted

in the performance of his duties in the Navy, was struck out.

Subsec. (b). Pub. L. 96-513, Sec. 401(a)(1), (3), redesignated

subsec. (f) as (b). Former subsec. (b), relating to entitlement of

an officer restricted in the performance of his duties in the Navy,

was struck out.

Subsec. (c). Pub. L. 96-513, Sec. 401(a)(1), struck out subsec.

(c) which related to entitlement of an officer in a staff corps in

the Navy.

Subsec. (d). Pub. L. 96-513, Sec. 401(a)(1), struck out subsec.

(d) which related to entitlement of an officer of the Naval

Reserve.

Subsec. (e). Pub. L. 96-513, Sec. 401(a)(2), redesignated subsec.

(e) as (a).

Subsec. (f). Pub. L. 96-513, Sec. 401(a)(3), redesignated subsec.

(f) as (b).

Subsec. (g). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec.

(g) which related to entitlement of an officer of the Marine Corps.

Subsec. (h). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec.

(h) which related to entitlement of specific officers of the naval

service.

Subsec. (i). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec.

(i) which related to entitlement of additional specific officers of

the naval service.

Subsec. (j). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec.

(j) which related to entitlement of officer of the Navy serving as

Deputy Comptroller of the Navy.

Subsec. (k). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec.

(k) which related to pay of a woman officer when initially

appointed as a rear admiral and while serving as a rear admiral

under such appointment or a subsequent appointment.

Pub. L. 96-342 substituted provisions respecting pay when

initially appointed as a rear admiral and while serving as a rear

admiral under such appointment or a subsequent appointment for

provisions respecting pay while serving under an appointment under

section 5767(c) of title 10.

Subsec. (l). Pub. L. 96-513, Sec. 401(a)(4), struck out subsec.

(l) which related to entitlement of an officer of the Navy or

Marine Corps serving as Assistant Judge Advocate General of the

Navy.

1972 - Subsec. (f). Pub. L. 92-451 struck out "Except for those

whose basic pay is otherwise specifically authorized by law," and

substituted "in grades above captain, less the number of officers

serving in grades above rear admiral", for "in that grade" in first

sentence.

1968 - Subsec. (l). Pub. L. 90-623 redesignated as subsec. (l)

the subsection relating to basic pay of the Assistant Judge

Advocate General of the Navy, formerly designated as subsec. (k).

1967 - Subsec. (g). Pub. L. 90-179, Sec. 7(1), inserted "or as

Deputy Judge Advocate General of the Navy,".

Subsecs. (h)(7), (8). Pub. L. 90-179, Sec. 7(2)(B), (C), added

par. (7) and renumbered former par. (7) as par. (8).

Subsec. (i). Pub. L. 90-179, Sec. 7(3), struck out par. (3) which

referred to an officer detailed as Assistant Judge Advocate of the

Navy and renumbered pars. (4) and (5) as pars. (3) and (4),

respectively.

Subsec. (k). Pub. L. 90-179, Sec. 7(4), added subsec. (k)

relating to officer of the Navy or Marine Corps serving as

Assistant Judge Advocate General of the Navy.

Pub. L. 90-130 added subsec. (k) relating to a woman officer

appointed under section 5767(c) of title 10.

1966 - Subsec. (g). Pub. L. 89-718, Sec. 50(1), struck out

reference to service as Chief of the Bureau of Naval Weapons.

Subsec. (h). Pub. L. 89-718, Sec. 50(2), struck out par. (2)

relating to Chief of Naval Materiel.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of Title 10, Armed

Forces.

Section 1004(b) of Pub. L. 96-342 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to basic pay payable for periods beginning on or after the

date of the enactment of this Act [Sept 8, 1980]."

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that

continuation boards may not be held until one year thereafter, see

section 3 of Pub. L. 92-451, set out as a note under section 290 of

Title 14, Coast Guard.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change of law in effect on Oct. 22, 1968, see section 6

of Pub. L. 90-623, set out as a note under section 5334 of Title 5,

Government Organization and Employees.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513, and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of Title 10, Armed Forces.

-End-

-CITE-

37 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 203. Rates

-STATUTE-

(a)(1) The rates of monthly basic pay for members of the

uniformed services within each pay grade are those prescribed in

accordance with section 1009 of this title or as otherwise

prescribed by law.

(2) Notwithstanding the rates of basic pay in effect at any time

as provided by law, the rates of basic pay payable for commissioned

officers in pay grades O-7 through O-10 may not exceed the monthly

equivalent of the rate of pay for level III of the Executive

Schedule, and the rates of basic pay payable for all other officers

and for enlisted members may not exceed the monthly equivalent of

the rate of pay for level V of the Executive Schedule.

(b) While serving as a permanent professor at the United States

Military Academy or the United States Air Force Academy or as a

member of the permanent commissioned teaching staff at the United

States Coast Guard Academy, an officer who has over 36 years of

service computed under section 205 of this title is, in addition to

the pay and allowances to which he is otherwise entitled under this

title, entitled to additional pay in the amount of $250 a month.

This additional pay may not be used in the computation of retired

pay.

(c) A cadet at the United States Military Academy, the United

States Air Force Academy, or the Coast Guard Academy, or a

midshipman at the United States Naval Academy, is entitled to

monthly cadet pay, or midshipman pay, at the monthly rate equal to

35 percent of the basic pay of a commissioned officer in the pay

grade O-1 with less than two years of service.

(d)(1) The basic pay of a commissioned officer who is in pay

grade O-1, O-2, or O-3 and who is credited with a total of over

four years' service described in paragraph (2) shall be computed in

the same manner as the basic pay of a commissioned officer in the

same pay grade who has been credited with over four years' active

service as an enlisted member.

(2) Service to be taken into account for purposes of computing

basic pay under paragraph (1) is as follows:

(A) Active service as a warrant officer or as a warrant officer

and an enlisted member, in the case of -

(i) a commissioned officer on active duty who is paid from

funds appropriated for active-duty personnel; or

(ii) a commissioned officer on active Guard and Reserve duty.

(B) In the case of a commissioned officer (not referred to in

subparagraph (A)(ii)) who is paid from funds appropriated for

reserve personnel, service as a warrant officer, or as a warrant

officer and enlisted member, for which at least 1,460 points have

been credited to the officer for the purposes of section

12732(a)(2) of title 10.

(e)(1) A student at the United States Military Academy

Preparatory School, the United States Naval Academy Preparatory

School, or the United States Air Force Academy Preparatory School

who was selected to attend the preparatory school from civilian

life is entitled to monthly student pay at the same rate as

provided for cadets and midshipmen under subsection (c).

(2) A student at a preparatory school referred to in paragraph

(1) who, at the time of the student's selection to attend the

preparatory school, was an enlisted member of the uniformed

services on active duty for a period of more than 30 days shall

continue to receive monthly basic pay at the rate prescribed for

the student's pay grade and years of service as an enlisted member.

(3) The monthly student pay of a student described in paragraph

(1) shall be treated for purposes of the accrual charge for the

Department of Defense Military Retirement Fund established under

section 1461 of title 10 in the same manner as monthly cadet pay or

midshipman pay under subsection (c).

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 456; Pub. L. 88-132, Sec.

2, Oct. 2, 1963, 77 Stat. 210; Pub. L. 88-422, Sec. 1, Aug. 12,

1964, 78 Stat. 395; Pub. L. 89-132, Sec. 1, Aug. 21, 1965, 79 Stat.

545; Pub. L. 89-501, title III, Sec. 301, July 13, 1966, 80 Stat.

276; Pub. L. 90-207, Sec. 1(1), Dec. 16, 1967, 81 Stat. 649; Pub.

L. 91-278, Sec. 3(2), June 12, 1970, 84 Stat. 306; Pub. L. 92-129,

title II, Sec. 201, Sept. 28, 1971, 85 Stat. 355; Pub. L. 92-455,

Sec. 3, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93-419, Sec. 2, Sept.

19, 1974, 88 Stat. 1152; Pub. L. 95-79, title III, Sec. 302(a)(2),

July 30, 1977, 91 Stat. 326; Pub. L. 96-343, Sec. 6(b), Sept. 8,

1980, 94 Stat. 1127; Pub. L. 97-60, title I, Sec. 102(a), Oct. 14,

1981, 95 Stat. 992; Pub. L. 98-94, title IX, Sec. 902(a), Sept. 24,

1983, 97 Stat. 635; Pub. L. 99-145, title XIII, Sec. 1303(b)(1),

Nov. 8, 1985, 99 Stat. 740; Pub. L. 99-661, div. A, title VI, Sec.

601(c), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 100-180, div. A,

title VI, Sec. 601(c), Dec. 4, 1987, 101 Stat. 1092, as amended

Pub. L. 100-202, Sec. 110(b), Dec. 22, 1987, 101 Stat. 1329-436;

Pub. L. 100-456, div. A, title VI, Sec. 601(d), Sept. 29, 1988, 102

Stat. 1976; Pub. L. 101-189, div. A, title VI, Sec. 601(c), Nov.

29, 1989, 103 Stat. 1445; Pub. L. 103-160, div. A, title VI, Sec.

603(a), Nov. 30, 1993, 107 Stat. 1678; Pub. L. 103-337, div. A,

title VI, Sec. 601(c), Oct. 5, 1994, 108 Stat. 2779; Pub. L.

104-201, div. A, title VI, Sec. 602, Sept. 23, 1996, 110 Stat.

2540; Pub. L. 105-261, div. A, title VI, Sec. 602(a), Oct. 17,

1998, 112 Stat. 2037; Pub. L. 106-65, div. A, title VI, Sec.

601(d), Oct. 5, 1999, 113 Stat. 648; Pub. L. 106-398, Sec. 1 [[div.

A], title VI, Sec. 612(a)], Oct. 30, 2000, 114 Stat. 1654,

1654A-150; Pub. L. 107-107, div. A, title VI, Sec. 602(a), Dec. 28,

2001, 115 Stat. 1132; Pub. L. 107-314, div. A, title X, Sec.

1062(f)(1), Dec. 2, 2002, 116 Stat. 2651.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

203 10:142(d) (as applicable [None.]

to basic pay).

37:232(a). Oct. 12, 1949, ch. 681,

Sec. 201(a); May 19,

1952, ch. 310, Sec.

1(a); restated Mar. 31,

1955, ch. 20, Sec. 2(1);

restated May 20, 1958,

Pub. L. 85-422, Sec.

1(1), 72 Stat. 122.

--------------------------------------------------------------------

Section 142(d) (as applicable to basic pay) of title 10 is

omitted as superseded by footnote 1 of section 232(a) of existing

title 37. The words "pay grades are prescribed" are omitted as

covered by section 201 of this revised title. The words "rates of

monthly basic pay . . . are" are substituted for the words "monthly

basic pay . . . is established". The words "according to cumulative

years of service" are omitted as covered by the words "years of

service computed under section 205" appearing in each table.

-REFTEXT-

REFERENCES IN TEXT

Levels III and V of the Executive Schedule, referred to in

subsec. (a)(2), are set out in sections 5314 and 5316,

respectively, of Title 5, Government Organization and Employees.

-MISC2-

AMENDMENTS

2002 - Subsec. (d)(1). Pub. L. 107-314 amended Pub. L. 107-107,

Sec. 602(a)(2). See 2001 Amendment note below.

2001 - Subsec. (d). Pub. L. 107-107, Sec. 602(a)(1), designated

existing provisions as par. (1).

Subsec. (d)(1). Pub. L. 107-107, Sec. 602(a)(2), as amended by

Pub. L. 107-314, substituted "service described in paragraph (2)"

for "active service as a warrant officer or as a warrant officer

and enlisted member".

Subsec. (d)(2). Pub. L. 107-107, Sec. 602(a)(3), added par. (2).

2000 - Subsec. (c). Pub. L. 106-398 substituted "at the monthly

rate equal to 35 percent of the basic pay of a commissioned officer

in the pay grade O-1 with less than two years of service" for "at

the rate of $600.00".

1999 - Subsec. (a). Pub. L. 106-65 designated existing provisions

as par. (1) and added par. (2).

1998 - Subsec. (c). Pub. L. 105-261 substituted "$600.00" for

"$558.04".

1996 - Subsec. (c). Pub. L. 104-201 designated par. (1) as entire

subsec. (c) and struck out former par. (2) which read as follows:

"The rate of monthly cadet pay, or midshipman pay, under this

subsection shall be adjusted in the manner and at the time the

monthly basic pay of members of the uniformed services is adjusted

under section 1009 of this title."

1994 - Subsec. (c)(1). Pub. L. 103-337 substituted "$558.04" for

"$543.90".

1993 - Subsec. (e). Pub. L. 103-160 added subsec. (e).

1989 - Subsec. (c)(1). Pub. L. 101-189 substituted "$543.90" for

"$525".

1988 - Subsec. (c)(1). Pub. L. 100-456 substituted "$525" for

"$504.30".

1987 - Subsec. (c)(1). Pub. L. 100-180, as amended by Pub. L.

100-202, substituted "$504.30" for "$494.40".

1986 - Subsec. (c)(1). Pub. L. 99-661 substituted "$494.40" for

"$461.40".

1985 - Subsec. (a). Pub. L. 99-145 inserted "or as otherwise

prescribed by law" after "this title".

1983 - Subsec. (d). Pub. L. 98-94 substituted "the basic pay of a

commissioned officer who is in pay grade O-1, O-2, or O-3 and who

is credited with a total of over four years' active service as a

warrant officer or as a warrant officer and enlisted member shall

be computed in the same manner as the basic pay of a commissioned

officer in the same pay grade who has been credited with over four

years' active service as an enlisted member" for "the basic pay of

commissioned officers who are in pay grades O-1, O-2, and O-3 and

who are credited with over four years' active service as warrant

officers shall be computed in the same manner as the basic pay of

commissioned officers in the same pay grades who have been credited

with over four years' active service as enlisted members".

1981 - Subsec. (c)(1). Pub. L. 97-60 substituted "$461.40" for

"$313.20".

1980 - Subsec. (d). Pub. L. 96-343 added subsec. (d).

1977 - Subsec. (c). Pub. L. 95-79 added subsec. (c).

1974 - Subsec. (a). Pub. L. 93-419 substituted reference to

section 1009 of this title for provisions setting out in tables the

rates of monthly basic pay for members of the uniformed services.

1972 - Subsec. (a). Pub. L. 92-455 substituted in footnote 1 of

the enlisted members pay table "Chief Master Sergeant of the Air

Force, Sergeant Major of the Marine Corps, or Master Chief Petty

Officer of the Coast Guard," for "Chief Master Sergeant of the Air

Force, or Sergeant Major of the Marine Corps,".

1971 - Subsec. (a). Pub. L. 92-129 increased rates of monthly

basic pay for all personnel.

1970 - Subsec. (b). Pub. L. 91-278 provided for entitlement to

additional pay for service as a member of permanent commissioned

teaching staff at the United States Coast Guard Academy.

1967 - Subsec. (a). Pub. L. 90-207 increased the rates of monthly

basic pay for all personnel by 5.6 percent and provided a special

basic pay rate of $844.20 per month for the senior noncommissioned

officer position of each military service regardless of years of

service completed for pay purposes.

1966 - Subsec. (a). Pub. L. 89-501 increased pay of all personnel

by 3.2 percent.

1965 - Subsec. (a). Pub. L. 89-132 increased pay of commissioned

officers with less than 2 years of service an average of 22

percent, of commissioned officers and warrant officers with over 2

years of service an average of 6 percent, enlisted men with 2 years

of service an average of 17.3 percent, and enlisted men with over 2

years of service an average of 11 percent.

1964 - Subsec. (a). Pub. L. 88-422 increased pay of all officers,

warrant officers and enlisted personnel with over 2 years of

service by 2.5 percent, and the pay of commissioned and warrant

officers with under 2 years of service by 8.5 percent.

1963 - Subsec. (a). Pub. L. 88-132 designated existing provisions

as subsec. (a), substituted new basic pay tables and increased from

$1,875 to $1,970 the basic pay referred to in footnote 1 of the

Commissioned officers' table and substituted "cumulative years of

service" for "years of service".

Subsec. (b). Pub. L. 88-132 added subsec. (b).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title X, Sec. 1062(f), Dec. 2, 2002, 116

Stat. 2651, provided that the amendment made by section 1062(f)(1)

is effective as of Dec. 28, 2001, and as if included in Pub. L.

107-107 as enacted.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title VI, Sec. 602(b), Dec. 28, 2001,

115 Stat. 1133, provided that: "The amendments made by subsection

(a) [amending this section] shall apply with respect to months

beginning on or after the date of the enactment of this Act [Dec.

28, 2001]."

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 612(d)], Oct.

30, 2000, 114 Stat. 1654, 1654A-151, provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

209 of this title] shall take effect October 1, 2001."

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, Sec. 601(d), Oct. 5, 1999, 113

Stat. 648, provided that the amendment made by section 601(d) is

effective Jan. 1, 2000.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title VI, Sec. 602(b), Oct. 17, 1998,

112 Stat. 2037, provided that: "The amendment made by subsection

(a) [amending this section] shall take effect on January 1, 1999."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 601(c) of Pub. L. 103-337 provided in part that the

amendment made by that section is effective Jan. 1, 1995.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 603(b) of Pub. L. 103-160 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to students entering the United States Military Academy

Preparatory School, the United States Naval Academy Preparatory

School, or the United States Air Force Academy Preparatory School

on or after the date of the enactment of this Act [Nov. 30, 1993]."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 601(c) of Pub. L. 101-189 provided that the amendment

made by that section is effective Jan. 1, 1990.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 601(d) of Pub. L. 100-456 provided that the amendment

made by that section is effective Jan. 1, 1989.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 601(c) of Pub. L. 100-180, as amended by Pub. L. 100-202,

Sec. 110(b), Dec. 22, 1987, 101 Stat. 1329-436, provided that the

amendment made by that section is effective Jan. 1, 1988.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 601(c) of Pub. L. 99-661 provided that the amendment made

by that section is effective Jan. 1, 1987.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 902(b) of Pub. L. 98-94 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1983."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 102(b) of Pub. L. 97-60 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect as

of October 1, 1981."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-343 effective with respect to periods for

which pay and allowances are payable which begin after Aug. 31,

1980, see section 6(c) of Pub. L. 96-343, set out as a note under

section 907 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-419 effective Sept. 19, 1974, see section

9 of Pub. L. 93-419, set out as an Effective Date note under

section 1009 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-129 effective Oct. 1, 1971, see section

209 of Pub. L. 92-129, set out as an Effective Date note under

section 302a of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 7 of Pub. L. 90-207 provided that: "This Act [enacting

sections 311 and 411a of this title, amending this section,

sections 403 and 407 of this title, sections 1401 to 1402, 1436,

3991, 6326, 6330, and 8991 of Title 10, Armed Forces, and section

2203 of Appendix to Title 50, War and National Defense, and

enacting provisions set out as notes under this section and

sections 1401 and 1401a of Title 10] becomes effective as of

October 1, 1967. However, a member, except as provided in section 6

of this Act [set out as a note under section 1401 of Title 10], is

not entitled to any increases in his pay and allowances under

section 1 [enacting section 311 of this title and amending this

section and sections 403 and 407 of this title] or section 4

[amending section 2203 of Appendix to Title 50] for any period

before the date of enactment of this Act [Dec. 16, 1967] unless he

is on active duty on the date of enactment of this Act. In

addition, a member of the National Guard or a member of a Reserve

Component of a uniformed service who is in a drill pay status on

the effective date of this Act [Oct. 1, 1967] is entitled to have

any compensation to which he has become entitled under section 206

of title 37, United States Code, after September 30, 1967, computed

under the rates of basic pay prescribed by section 1(1) of this Act

[amending this section]."

EFFECTIVE DATE OF 1966 AMENDMENT

Section 304 of Pub. L. 89-501 provided that: "This title

[amending this section and enacting provisions set out as notes

under this section and section 1401 of Title 10, Armed Forces]

becomes effective July 1, 1966, or the first day of the month in

which increases in the rates of compensation under the General

Schedule of pay provided in section 603(b) of the Classification

Act of 1949, as amended (5 U.S.C. 1113(b)) [see now section 5332(a)

of Title 5, Government Organization and Employees], become

effective pursuant to the Federal Employees Salary Act of 1966

[Pub. L. 89-504, July 18, 1966, 80 Stat. 288] whichever is later."

EFFECTIVE DATE OF 1965 AMENDMENT

Section 10 of Pub. L. 89-132 provided that: "This Act [enacting

section 1008 of this title and section 1040 of Title 10, Armed

Forces, amending this section, sections 308 and 310 of this title,

and sections 1401 and 1401a of Title 10, and enacting provisions

set out as notes under section 1401 of Title 10] becomes effective

on the first day of the first calendar month beginning after the

date of enactment of this Act [Aug. 21, 1965]."

EFFECTIVE DATE OF 1964 AMENDMENT

Section 4 of Pub. L. 88-422 provided that: "This Act [amending

this section and enacting provisions set out as notes under this

section] becomes effective on the first day of the first calendar

month beginning after the date of enactment of this Act [Aug. 12,

1964]."

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC3-

RATE OF PAY INCREASES FOR CADETS, MIDSHIPMEN, AND APPLICANTS FOR

MEMBERSHIP IN SENIOR RESERVE OFFICERS' TRAINING CORPS

Section 302(b), (c) of Pub. L. 95-79 provided that:

"(b) Any cadet or midshipman who, on the date of enactment of

this Act [July 30, 1977], or on any date thereafter, is -

"(1) admitted to the United States Military Academy, the United

States Naval Academy, the United States Air Force Academy, or the

Coast Guard Academy, as the case may be, or

"(2) enrolled in the Senior Reserve Officers' Training Corps

program and attending a field training encampment or practice

cruise for which he is entitled to pay under section 209(c) of

title 37, United States Code,

shall, if otherwise entitled, receive the rate of pay prescribed by

section 201(c) of title 37, United States Code, as in effect on the

day before the date of enactment of this Act, [July 30, 1977],

until the rate of pay authorized by section 203(c) of such title,

as added by the amendments made by subsection (a) of this section,

is equal to or greater than the rate prescribed by section 201(c)

of such title, as in effect on the day before the date of enactment

of this Act. Thereafter, the rate of pay of such person shall be as

prescribed by section 203(c) of such title, as added by the

amendments made by subsection (a) of this section, or section

209(c) of such title, as amended by subsection (a) of this section,

as appropriate.

"(c) A person who, on the date of enactment of this Act [July 30,

1977], is an applicant for membership in the Senior Reserve

Officers' Training Corps and who, in order to satisfy the

requirement of section 2104(b)(6)(B) of title 10, United States

Code, is attending or will attend one of the field training

encampments or practice cruises in a field training or practice

cruise period which is in progress on the date of enactment of this

Act, is entitled to continue to receive pay at the rate prescribed

by such section as in effect on the day before the date of

enactment of this Act while such person is attending such field

training or practice cruise period in progress on the date of

enactment of this Act. Thereafter, the entitlement of such person

shall be as prescribed in subsection (b) of this section."

MASTER CHIEF PETTY OFFICER OF THE COAST GUARD; PAY RECOVERY

Section 5 of Pub. L. 92-455 provided that: "An enlisted member of

the Coast Guard who has served as the master chief petty officer of

the Coast Guard before enactment of this Act [Oct. 2, 1972] is

entitled to recover the differences between the basic pay

(including proficiency pay) received while so serving and the

amount he would have received if his basic pay had been the same as

the basic pay of the senior enlisted advisers of the other Armed

Forces from the time of his original appointment to serve as the

master chief petty officer of the Coast Guard."

REPORT ON EFFECTIVENESS OF 1971 PAY INCREASES IN INCREASING

VOLUNTEERS

Section 211 of Pub. L. 92-129 directed Secretary of Defense to

report to Chairman of Armed Services Committees of Senate and of

House of Representatives not later than June 30, 1972, on

effectiveness of provisions of title II of Pub. L. 92-129,

authorizing pay increases for uniformed services, in increasing

number of volunteers enlisting for active duty in Armed Forces of

United States.

PAY CONTINUATION

Section 210 of Pub. L. 92-129 provided that: "The enactment of

this title [enacting sections 302a, 308a, and 428 of this title and

amending this section, section 403 of this title, and sections

2203, 2204, and 2207 of Title 50 Appendix, War and National

Defense] shall not reduce the pay to which any member of the

uniformed services was entitled on June 30, 1971."

Section 302 of Pub. L. 89-501 provided that: "Notwithstanding any

other provision of law, a member of an armed force who was entitled

to pay and allowances under any of the following provisions of law

on the day before the effective date of this title [see Effective

Date of 1966 Amendment note above] shall continue to receive the

pay and allowances to which he was entitled on that day plus an

increase of 3.2 per centum in the total of his pay and allowances:

"(1) The Act of March 23, 1946, chapter 112 (60 Stat. 59).

"(2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052).

"(3) The Act of September 18, 1950, chapter 952 (64 Stat. A224).

After the effective date of this title, no increase in the basic

pay or any of the allowances of members of the uniformed services

on active duty shall increase the basic pay or any of the

allowances of a member covered by the preceding provisions of this

section."

Section 8 of Pub. L. 89-132, as amended by Pub. L. 102-83, Sec.

5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: "The enactment

of this Act [see Effective Date of 1965 Amendment note above] does

not reduce -

"(1) the rate of dependency and indemnity compensation under

section 1311 of title 38, United States Code, that any person was

receiving on the day before the effective date of this Act [Sept.

1, 1965] or which thereafter becomes payable for that day by

reason of a subsequent determination; or

"(2) the basic pay or the retired pay or retainer pay to which

a member or former member of a uniformed service was entitled to

on the day before the effective date of this Act [Sept. 1,

1965]."

Section 2 of Pub. L. 88-422 provided that: "Notwithstanding any

other provision of law, a member of an armed force who was entitled

to pay and allowances under any of the following provisions of law

on the day before the effective date of this Act [Sept. 1, 1964]

shall continue to receive the pay and allowances to which he was

entitled on that day:

"(1) The Act of March 23, 1946, chapter 112 (60 Stat. 59).

"(2) The Act of June 26, 1948, chapter 677 (62 Stat. 1052).

"(3) The Act of September 18, 1950, chapter 952 (64 Stat. A224)."

Section 3 of Pub. L. 88-422 provided that: "The enactment of this

Act [amending this section, and enacting provisions set out as

notes under this section] does not reduce -

"(1) the rate of dependency and indemnity compensation under

section 411 of title 38, United States Code, that any person was

receiving on the day before the effective date of this Act [Sept.

1, 1964] or which thereafter becomes payable for that day by

reason of a subsequent determination; or

"(2) the basic pay or the retired pay or retainer pay to which

a member or former member of a uniformed service was entitled on

the day before the effective date of this Act."

Section 13(b) of Pub. L. 88-132 provided that: "The enactment of

this Act [see Short Title of 1963 Amendment note set out under

section 101 of this title] does not reduce the basic pay or the

retired pay or retainer pay to which a member or former member of a

uniformed service was entitled on the day before the effective date

of this Act [Oct. 1, 1963]."

PERIODIC PAY ADJUSTMENTS IN MONTHLY BASIC PAY

Section 8 of Pub. L. 90-207, which provided for adjustment of

regular compensation whenever the General Schedule of compensation

for federal classified employees was adjusted upwards, was repealed

by Pub. L. 93-419, Sec. 8, Sept. 19, 1974, 88 Stat. 1153.

ADJUSTMENT OF PAY RATES

Monthly pay rates under subsec. (c) were adjusted by the

following Executive orders:

Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, $764.40

effective Jan. 1, 2003.

Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, $734.10

effective Jan. 1, 2002.

Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R.

10057, $600.00 effective Jan. 1, 2001.

Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, $600.00

effective Jan. 1, 2000.

Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, $600.00

effective Jan. 1, 1999.

Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, $558.04

effective Jan. 1, 1998.

Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, $558.04

effective Jan. 1, 1997.

Ex. Ord. No. 12990, Feb. 29, 1996, 61 F.R. 8467, $558.04

effective Jan. 1, 1996.

Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, $558.04

effective Jan. 1, 1996.

Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, $558.04

effective Jan. 1, 1995.

Ex. Ord. No. 12886, Dec. 23, 1993, 58 F.R. 68709, $543.90

effective Jan. 1, 1994.

Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, $543.90

effective Jan. 1, 1993.

Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 6753, $543.90

effective Jan. 1, 1992.

Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, $543.90

effective Jan. 1, 1991.

Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, $543.90

effective Jan. 1, 1990.

Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, $525 effective

Jan. 1, 1989.

Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, $504.30

effective Jan. 1, 1988.

Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, $494.40

effective Jan. 1, 1987.

Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, $480 effective

Oct. 1, 1982.

Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, $461.40

effective Oct. 1, 1981.

Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, $419.40

effective Oct. 1, 1980.

Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by

Ex. Ord. No. 12200, Mar. 12, 1980, 44 F.R. 16443, $375.60

effective Oct. 1, 1979.

Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, $351 effective

Oct. 1, 1978.

Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, $332.70

($345 pursuant to Pub. L. 95-79), effective Oct. 1, 1977.

Prior to amendment of this section by Pub. L. 93-419, pay rates

were adjusted by the following Executive orders:

Ex. Ord. No. 11740, Oct. 3, 1973, 38 F.R. 27585, provided for

adjustment of pay rates effective Oct. 1, 1973.

Ex. Ord. No. 11692, Dec. 15, 1972, 37 F.R. 27609, as amended by

Ex. Ord. No. 11778, Apr. 12, 1974, 39 F.R. 13521, provided for

adjustment of pay rates effective Oct. 1, 1972.

Ex. Ord. No. 11638, Dec. 22, 1971, 36 F.R. 24913, provided for

adjustment of pay rates effective Jan. 1, 1972.

Ex. Ord. No. 11577, Jan. 8, 1971, 36 F.R. 349, provided for

adjustment of pay rates effective Jan. 1, 1971.

Ex. Ord. No. 11525, Apr. 15, 1970, 35 F.R. 6251, provided for

adjustment of pay rates effective Jan. 1, 1970.

Ex. Ord. No. 11475, June 16, 1969, 34 F.R. 9609, provided for

adjustment of pay rates effective July 1, 1969.

Ex. Ord. No. 11414, June 11, 1968, 33 F.R. 8645, provided for

adjustment of pay rates effective July 1, 1968.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 201, 209, 1009 of this

title; title 2 section 906; title 10 section 702.

-End-

-CITE-

37 USC Sec. 204 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 204. Entitlement

-STATUTE-

(a) The following persons are entitled to the basic pay of the

pay grade to which assigned or distributed, in accordance with

their years of service computed under section 205 of this title -

(1) a member of a uniformed service who is on active duty; and

(2) a member of a uniformed service, or a member of the

National Guard who is not a Reserve of the Army or the Air Force,

who is participating in full-time training, training duty with

pay, or other full-time duty, provided by law, including

participation in exercises or the performance of duty under

section 10302, 10305, 10502, or 12402 of title 10, or section

503, 504, 505, or 506 of title 32.

(b) For the purposes of subsection (a), under regulations

prescribed by the President, the time necessary for a member of a

uniformed service who is called or ordered to active duty for a

period of more than 30 days to travel from his home to his first

duty station and from his last duty station to his home, by the

mode of transportation authorized in his call or orders, is

considered active duty.

(c) A member of the National Guard who is called into Federal

service for a period of 30 days or less is entitled to basic pay

from the date when he appears at the place of company rendezvous.

However, this subsection does not authorize any expenditure before

arriving at the place of rendezvous that is not authorized by law

to be paid after arrival at that place.

(d) Full-time training, training duty with pay, or other

full-time duty performed by a member of the Army National Guard of

the United States or the Air National Guard of the United States in

his status as a member of the National Guard, is active duty for

the purposes of this section.

(e) A payment accruing under any law to a member of a uniformed

service incident to his release from active duty or for his return

home incident to that release may be paid to him before his

departure from his last duty station, whether or not he actually

performs the travel involved. If a member receives a payment under

this subsection but dies before that payment would have been made

but for this subsection, no part of that payment may be recovered

by the United States.

(f) A cadet of the United States Military Academy or the United

States Air Force Academy, or a midshipman of the United States

Naval Academy, who, upon graduation from one of those academies, is

appointed as a second lieutenant of the Army or the Air Force is

entitled to the basic pay of pay grade O-1 beginning upon the date

of his graduation.

(g)(1) A member of a reserve component of a uniformed service is

entitled to the pay and allowances provided by law or regulation

for a member of a regular component of a uniformed service of

corresponding grade and length of service whenever such member is

physically disabled as the result of an injury, illness, or disease

incurred or aggravated -

(A) in line of duty while performing active duty;

(B) in line of duty while performing inactive-duty training

(other than work or study in connection with a correspondence

course of an armed force or attendance in an inactive status at

an educational institution under the sponsorship of an armed

force or the Public Health Service);

(C) while traveling directly to or from such duty or training;

(D) in line of duty while remaining overnight immediately

before the commencement of inactive-duty training, or while

remaining overnight, between successive periods of inactive-duty

training, at or in the vicinity of the site of the inactive-duty

training; or

(E) in line of duty while -

(i) serving on funeral honors duty under section 12503 of

title 10 or section 115 of title 32;

(ii) traveling to or from the place at which the duty was to

be performed; or

(iii) remaining overnight at or in the vicinity of that place

immediately before so serving, if the place is outside

reasonable commuting distance from the member's residence.

(2) In the case of a member who receives earned income from

nonmilitary employment or self-employment performed in any month in

which the member is otherwise entitled to pay and allowances under

paragraph (1), the total pay and allowances shall be reduced by the

amount of such income. In calculating earned income for the purpose

of the preceding sentence, income from an income protection plan,

vacation pay, or sick leave which the member elects to receive

shall be considered.

(h)(1) A member of a reserve component of a uniformed service who

is physically able to perform his military duties, is entitled,

upon request, to a portion of the monthly pay and allowances

provided by law or regulation for a member of a regular component

of a uniformed service of corresponding grade and length of service

for each month for which the member demonstrates a loss of earned

income from nonmilitary employment or self-employment as a result

of an injury, illness, or disease incurred or aggravated -

(A) in line of duty while performing active duty;

(B) in line of duty while performing inactive-duty training

(other than work or study in connection with a correspondence

course of an armed force or attendance in an inactive status at

an educational institution under the sponsorship of an armed

force or the Public Health Service);

(C) while traveling directly to or from such duty or training;

(D) in line of duty while remaining overnight immediately

before the commencement of inactive-duty training, or while

remaining overnight, between successive periods of inactive-duty

training, at or in the vicinity of the site of the inactive-duty

training; or

(E) in line of duty while -

(i) serving on funeral honors duty under section 12503 of

title 10 or section 115 of title 32;

(ii) traveling to or from the place at which the duty was to

be performed; or

(iii) remaining overnight at or in the vicinity of that place

immediately before so serving, if the place is outside

reasonable commuting distance from the member's residence.

(2) The monthly entitlement may not exceed the member's

demonstrated loss of earned income from nonmilitary or

self-employment. In calculating such loss of income, income from an

income protection plan, vacation pay, or sick leave which the

member elects to receive shall be considered.

(i)(1) The total amount of pay and allowances paid under

subsections (g) and (h) and compensation paid under section 206(a)

of this title for any period may not exceed the amount of pay and

allowances provided by law or regulation for a member of a regular

component of a uniformed service of corresponding grade and length

of service for that period.

(2) Pay and allowances may not be paid under subsection (g) or

(h) for a period of more than six months. The Secretary concerned

may extend such period in any case if the Secretary determines that

it is in the interests of fairness and equity to do so.

(3) A member is not entitled to benefits under subsection (g) or

(h) if the injury, illness, disease, or aggravation of an injury,

illness, or disease is the result of the gross negligence or

misconduct of the member.

(4) Regulations with respect to procedures for paying pay and

allowances under subsections (g) and (h) shall be prescribed -

(A) by the Secretary of Defense for the armed forces under the

jurisdiction of the Secretary; and

(B) by the Secretary of Homeland Security for the Coast Guard

when the Coast Guard is not operating as a service in the Navy.

(j) A member of the uniformed services who is entitled to medical

or dental care under section 1074a of title 10 is entitled to

travel and transportation allowances, or a monetary allowance in

place thereof, for necessary travel incident to such care, and

return to his home upon discharge from treatment.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 457; Pub. L. 96-513, title

V, Sec. 506(4), Dec. 12, 1980, 94 Stat. 2919; Pub. L. 98-94, title

X, Sec. 1012(b), Sept. 24, 1983, 97 Stat. 665; Pub. L. 99-433,

title V, Sec. 531(b), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 99-661,

div. A, title VI, Sec. 604(b), Nov. 14, 1986, 100 Stat. 3875; Pub.

L. 100-456, div. A, title VI, Sec. 631(a), (b), Sept. 29, 1988, 102

Stat. 1984, 1985; Pub. L. 102-25, title VII, Sec. 701(b)(1), (c),

Apr. 6, 1991, 105 Stat. 117; Pub. L. 103-337, div. A, title XVI,

Sec. 1676(b)(1), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 104-106,

div. A, title VII, Sec. 702(c), Feb. 10, 1996, 110 Stat. 371; Pub.

L. 105-85, div. A, title V, Sec. 513(f), Nov. 18, 1997, 111 Stat.

1732; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 665(a)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-168; Pub. L. 107-107, div. A,

title V, Sec. 513(d), Dec. 28, 2001, 115 Stat. 1093; Pub. L.

107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

204(a) 37:232(d) (1st sentence, Oct. 12, 1949, ch. 681,

less provisos). Sec. 201(d), 63 Stat.

807; redesignated as

"(d)" by Mar. 31, 1955,

ch. 20, Sec. 2(2), 69

Stat. 19; Aug. 10, 1956,

ch. 1041, Sec. 20(a),

70A Stat. 627; May 20,

1958, Pub. L. 85-422,

Sec. 1(4), 72 Stat. 124.

204(b)

204(c)

204(d)

204(e)

37:232(d) (1st proviso of

1st sentence).

37:232(d) (2d proviso of

1st sentence).

37:232(d) (last proviso

of 1st sentence).

37:232(d) (less 1st

sentence).

204(f) 37:308a. Dec. 20, 1886, ch. 2, 24

Stat. 351; June 2, 1950,

ch. 217, Sec. 2, 64

Stat. 195.

204(g) 10:3687 (as applicable to [None.]

pay and allowances).

10:8687 (as applicable to [None.]

pay and allowances).

204(h) 32:318 (as applicable to [None.]

pay and allowances).

204(i) 10:6148(a) (as applicable [None.]

to pay and allowances).

10:6148(b) (as applicable [None.]

to pay and allowances).

--------------------------------------------------------------------

[The citations to section 232(d) of existing title 37, above, are

to the language of subsection (d) set forth in the codification

note under section 232, rather than that erroneously set forth in

the text of the section.]

In subsection (a), the last 27 words are substituted for the

words "or performance of the duties provided for by sections 5, 81,

94, 97 and 99 of the National Defense Act, as amended," to reflect

the current citations. So much of the introductory clause as

follows the exception is substituted for the 36 words preceding 1st

proviso of 1st sentence of section 232(d) of existing title 37. The

words "on the active list" are omitted as covered by the words

"active duty" as defined in section 101(18) of this revised title.

The words "(provided for or authorized in the National Defense Act,

as amended, or in the Naval Reserve Act of 1938, as amended)" are

omitted as covered by the words "provided by law".

In subsection (b), the words "For the purposes of subsection (a)"

are inserted for clarity. The words "active duty for a period of

more than 30 days" are substituted for the words "extended active

duty in excess of thirty days". The words "call or" are inserted to

conform to the words "called or".

In subsection (c), the words "and allowances" are omitted, since,

under chapter 7 of this revised title, entitlement to allowances

depends upon entitlement to basic pay. The last sentence is

substituted for the last 38 words of the 2d proviso of the 1st

sentence of section 232(d) of existing title 37.

In subsection (d), the words "for the purposes of this section"

are substituted for the words "and which entitles them to receive

basic pay . . . in the service of the United States". The words

"pursuant to this section" are omitted as surplusage.

In subsection (e), the words "or active duty for training" are

omitted as covered by the words "active duty" as defined in section

101(18) of this revised title.

In subsection (f), the words "is appointed" are substituted for

the words "has been or may be commissioned". The words "under the

laws appointing such graduates to the Army" and the last 16 words

of section 308a of existing title 37 are omitted as surplusage. The

words "to the date of his acceptance of and qualification under his

commission" are omitted, since the member concerned would continue

to be entitled to basic pay after that acceptance and

qualification. The words "or the United States Naval Academy" are

inserted to reflect section 541 of title 10, under which graduates

of that Academy may be appointed in the Army or the Air Force.

In subsection (i), the inclusion of the Coast Guard Reserve is

based on the authority contained in section 755(c) of title 14.

AMENDMENTS

2002 - Subsec. (i)(4)(B). Pub. L. 107-296 substituted "of

Homeland Security" for "of Transportation".

2001 - Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 107-107 struck out

", if the site is outside reasonable commuting distance from the

member's residence" before semicolon.

2000 - Subsec. (g)(1)(E). Pub. L. 106-398, Sec. 1 [[div. A],

title VI, Sec. 665(a)(1)], added subpar. (E).

Subsec. (h)(1)(E). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 665(a)(2)], added subpar. (E).

1997 - Subsecs. (g)(1)(D), (h)(1)(D). Pub. L. 105-85 inserted

"while remaining overnight immediately before the commencement of

inactive-duty training, or" after "in line of duty".

1996 - Subsec. (g)(1)(D). Pub. L. 104-106, Sec. 702(c)(1), added

subpar. (D).

Subsec. (h)(1)(D). Pub. L. 104-106, Sec. 702(c)(2), added subpar.

(D).

1994 - Subsec. (a)(2). Pub. L. 103-337 substituted "10302, 10305,

10502, or 12402" for "3021, 3496, 3541, 8021, 8496, or 8541".

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

1988 - Subsec. (g). Pub. L. 100-456, Sec. 631(a), amended subsec.

(g) generally. Prior to amendment, subsec. (g) read as follows: "A

member of a reserve component of a uniformed service is entitled to

the pay and allowances provided by law or regulation for a member

of a regular component of a uniformed service of corresponding

grade and length of service whenever such member -

"(1) is called or ordered to active duty for a period of more

than 30 days; and

"(2) is physically disabled in line of duty from injury,

illness, or disease."

Subsec. (h). Pub. L. 100-456, Sec. 631(a), amended subsec. (h)

generally, substituting pars. (1) and (2) for former pars. (1) to

(5).

Subsecs. (i), (j). Pub. L. 100-456, Sec. 631(b), added subsec.

(i) and redesignated former subsec. (i) as (j).

1986 - Subsec. (a)(2). Pub. L. 99-433 substituted "3021" and

"8021" for "3033" and "8033", respectively.

Subsec. (g). Pub. L. 99-661, Sec. 604(b)(1), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "A

member of the Army or the Air Force (other than of the Regular Army

or the Regular Air Force) is entitled to the pay and allowances

provided by law or regulation for a member of the Regular Army or

the Regular Air Force, as the case may be, of corresponding grade

and length of service, whenever -

"(1) he is called or ordered to active duty (other than for

training under section 270(b) of title 10) for a period of more

than 30 days, and is disabled in line of duty from disease while

so employed; or

"(2) he is called or ordered to active duty, or to perform

inactive-duty training, for any period of time, and is disabled

in line of duty from injury while so employed."

Subsec. (h). Pub. L. 99-661, Sec. 604(b)(1), amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows: "A

member of the National Guard is entitled to the pay and allowances

provided by law or regulation for a member of the Regular Army or

the Regular Air Force, as the case may be, of corresponding grade

and length of service, whenever he is called or ordered to perform

training under section 502, 503, 504, or 505 of title 32 -

"(1) for a period of more than 30 days, and is disabled in line

of duty from disease while so employed; or

"(2) for any period of time, and is disabled in line of duty

from injury while so employed."

Subsecs. (i), (j). Pub. L. 99-661, Sec. 604(b)(2), (3),

redesignated subsec. (j) as (i) and struck out former subsec. (i)

which read as follows: "A member of the Naval Reserve, Fleet

Reserve, Marine Corps Reserve, Fleet Marine Corps Reserve, or Coast

Guard Reserve is entitled to the pay and allowances provided by law

or regulation for a member of the Regular Navy, Regular Marine

Corps, or Regular Coast Guard, as the case may be, of corresponding

grade and length of service, under the same conditions as those

described in clauses (1) and (2) of subsection (g) of this

section."

1983 - Subsec. (j). Pub. L. 98-94 added subsec. (j).

1980 - Subsec. (a). Pub. L. 96-513 substituted "The following

persons" for "Except for members covered by section 202(i) of this

title, the following persons".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 665(c)(1)],

Oct. 30, 2000, 114 Stat. 1654, 1654A-169, provided that: "The

amendments made by subsection (a) [amending this section] shall

apply with respect to months beginning on or after the date of the

enactment of this Act [Oct. 30, 2000]."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 631(d) of Pub. L. 100-456 provided that: "The amendments

made by this section [amending this section and section 206 of this

title] shall apply with respect to persons who, after the date of

enactment of this Act [Sept. 29, 1988], incur or aggravate an

injury, illness, or disease, or who die as the result of incurring

or aggravating an injury, illness, or disease."

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-94 applicable only in cases of injuries

incurred or aggravated on or after Sept. 24, 1983, see section

1012(c) of Pub. L. 98-94, set out as an Effective Date note under

section 1074a of Title 10, Armed Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of Title

10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 206, 301, 301a, 304, 307,

316, 320, 402, 411h, 421, 707 of this title; title 5 sections 4102,

8334, 8422, 8440e; title 22 section 4045; title 50 section 2082.

-End-

-CITE-

37 USC Sec. 205 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 205. Computation: service creditable

-STATUTE-

(a) Subject to subsections (b) and (c), for the purpose of

computing the basic pay of a member of a uniformed service, his

years of service are computed by adding -

(1) all periods of active service as an officer, Army field

clerk, flight officer, aviation midshipman, or enlisted member of

a uniformed service;

(2) all periods during which he was enlisted or held an

appointment as an officer, Army field clerk, or flight officer of

-

(A) a regular component of a uniformed service;

(B) the Regular Army Reserve;

(C) the Organized Militia before July 1, 1916;

(D) the National Guard;

(E) the National Guard Reserve;

(F) a reserve component of a uniformed service;

(G) the Naval Militia;

(H) the National Naval Volunteers;

(I) the Naval Reserve Force;

(J) the Army without specification of component;

(K) the Air Force without specification of component;

(L) the Marine Corps Reserve Force;

(M) the Philippine Scouts; or

(N) the Philippine Constabulary;

(3) for a commissioned officer in service on June 30, 1922, all

service that was then counted in computing longevity pay and all

service as a contract surgeon serving full time;

(4) all periods during which he held an appointment as a nurse,

reserve nurse, or commissioned officer in the Army Nurse Corps as

it existed at any time before April 16, 1947, the Navy Nurse

Corps as it existed at any time before April 16, 1947, or the

Public Health Service, or a reserve component of any of them;

(5) all periods during which he was a deck officer or junior

engineer in the National Oceanic and Atmospheric Administration;

(6) all periods that, under law in effect on January 10, 1962,

were authorized to be credited in computing basic pay; and

(7) all periods while -

(A) on a temporary disability retired list, honorary retired

list, or a retired list of a uniformed service;

(B) entitled to retired pay, retirement pay, or retainer pay,

from a uniformed service or the Department of Veterans Affairs,

as a member of the Fleet Reserve or the Fleet Marine Corps

Reserve; or

(C) a member of the Honorary Reserve of the Officers' Reserve

Corps or the Organized Reserve Corps.

Except for any period of active service described in clause (1) and

except as provided by subsections (b), (c), and (d) of section 1402

and subsections (b), (c), and (d) of section 1402a of title 10, a

period of service described in clauses (2) through (7) that is

performed while on a retired list, in a retired status, or in the

Fleet Reserve or Fleet Marine Corps Reserve, may not be included to

increase retired pay, retirement pay, or retainer pay. For the

purpose of clause (5), periods during which a member was a deck

officer or junior engineer in the National Oceanic and Atmospheric

Administration includes periods during which a member was a deck

officer or junior engineer in the Environmental Science Services

Administration or the Coast and Geodetic Survey.

(b) A period of time may not be counted more than once under

subsection (a).

(c) The periods of service authorized to be counted under

subsection (a) shall, under regulations prescribed by the Secretary

concerned, include service performed by a member of a uniformed

service before he became 18 years of age.

(d) Notwithstanding subsection (a), a commissioned officer may

not count in computing basic pay a period of service after October

13, 1964, that the officer performed concurrently as a member of

the Senior Reserve Officers' Training Corps, except for service

that the officer performed on or after August 1, 1979, other than

for training as an enlisted member of the Selected Reserve may be

so counted.

(e)(1) Notwithstanding subsection (a), a period of service

described in paragraph (2) of a member who enlists in a reserve

component may not be counted under this section.

(2) Paragraph (1) applies to the following service:

(A) Service performed while a member of a reserve component

under an enlistment under section 12103(b) or 12103(d) of title

10 before the member begins service on active duty under such

section (including a period of active duty for training) unless

the member performs inactive-duty training before beginning

service on active duty or active duty for training;

(B) Service performed while a member of a reserve component

under an enlistment under section 513 of title 10 (other than a

period of active duty to which the member is ordered under

chapter 1209 of title 10 or another provision of law).

(f) Notwithstanding subsection (a), the periods of service of a

commissioned officer appointed under section 12203 of title 10

after receiving financial assistance under section 16401 of such

title that are counted under this section may not include a period

of service after January 1, 2000, that the officer performed

concurrently as an enlisted member of the Marine Corps Platoon

Leaders Class program and the Marine Corps Reserve, except that

service after that date that the officer performed before

commissioning (concurrently with the period of service as a member

of the Marine Corps Platoon Leaders Class program) as an enlisted

member on active duty or as a member of the Selected Reserve may be

so counted.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 458; Pub. L. 88-647, title

II, Sec. 202(1), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89-718, Sec.

49(a)(1), (b), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90-623, Sec.

3(3), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93-545, Sec. 2, Dec.

26, 1974, 88 Stat. 1741; Pub. L. 96-342, title VIII, Sec.

813(b)(3)(D), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96-513, title

IV, Sec. 402, title V, Sec. 516(3), Dec. 12, 1980, 94 Stat. 2904,

2937; Pub. L. 98-525, title VI, Sec. 607(a), Oct. 19, 1984, 98

Stat. 2538; Pub. L. 101-189, div. A, title V, Sec. 501(c), Nov. 29,

1989, 103 Stat. 1435; Pub. L. 102-25, title VII, Sec. 702(b)(1),

(2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-484, div. A,

title V, Sec. 517(b), Oct. 23, 1992, 106 Stat. 2407; Pub. L.

103-35, title II, Sec. 204(a)(1), May 31, 1993, 107 Stat. 102; Pub.

L. 103-337, div. A, title XVI, Sec. 1676(b)(2), Oct. 5, 1994, 108

Stat. 3019; Pub. L. 104-201, div. A, title V, Sec. 507(b), Sept.

23, 1996, 110 Stat. 2512; Pub. L. 105-85, div. A, title X, Sec.

1073(b), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106-65, div. A,

title V, Sec. 551(c), Oct. 5, 1999, 113 Stat. 614; Pub. L. 106-398,

Sec. 1 [[div. A], title V, Sec. 533(e)], Oct. 30, 2000, 114 Stat.

1654, 1654A-111.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

205(a) 37:233(a) (less words Oct. 12, 1949, ch. 681,

after 2d semicolon of Sec. 202 (less proviso

clause (7)). of (d)), 63 Stat. 807;

Apr. 30, 1956, ch. 223,

Sec. 2, 70 Stat. 121.

37:233(b).

205(b) 37:233(a)(7) (words

between 2d and 3d

semicolons).

37:233(d) (less proviso).

205(c) 37:233(a)(7) (words after

3d semicolon).

205(d) 37:233(c).

--------------------------------------------------------------------

In subsection (a), the introductory clause is substituted for

section 233(a) (introductory clause) of existing title 37. In

clauses (1) and (2), the word "officer" is substituted for the

words "commissioned officer, commissioned warrant officer, warrant

officer" to conform to the definition of "officer" in section

101(11) of this revised title. In clause (1), the words "Regular or

Reserve component" are omitted, since, under the definition of

"reserve component" in section 102(k) of the source statute, those

words are defined to include members without component status.

Together, these categories compose the entire structure of any

uniformed service. In clause (2)(F), the words "a reserve component

of a uniformed service" are substituted for the words "the National

Guard of the United States, or in the Organized Reserve Corps, or

in the Officers' Reserve Corps, or in the Enlisted Reserve Corps,

or in the Medical Reserve Corps, or in the Medical Reserve Corps of

the Navy, or in the Dental Reserve Corps of the Navy . . . or in

the Naval Reserve . . .or in the Air National Guard of the United

States, or in the Air Force Reserve, or in the officers' section of

the Air Force Reserve, or in the enlisted section of the Air Force

Reserve, or in the Air Corps Reserve . . . or in the Marine Corps

Reserve, or in the Coast Guard Reserve, or in the Reserve Corps of

the Public Health Service," since all of the named organizations

were or are reserve components. In clause (4), the words "as it

existed at any time before April 16, 1947" are inserted for

clarity, since the reference is intended to apply to the corps

established by law before April 16, 1947. Service in the Army Nurse

Corps or Navy Nurse Corps now existing would be included under

clause (1) or (2), since there is now no legal distinction between

the service of nurses and that of other members of the Army and

Navy. In clause (6), the date "January 1, 1961," is substituted for

the words "the effective date of this section," to reflect laws

enacted after that effective date which authorized certain service

to be credited for pay purposes. See, for example, Public Law

86-142. Clause (9) is substituted for section 233(b) (less proviso)

of existing title 37. The last sentence is substituted for section

233(b) (proviso) of existing title 37.

In subsection (b), the first 33 words of section 233(d) of

existing title 37 are omitted as covered by the words "are computed

by adding" in subsection (a). The words "for any reason," in

section 233(d) of existing title 37, are omitted as surplusage.

In subsection (c)(3), the words "chapter 67 of title 10" are

substituted for the words "title III of the Army and Air Force

Vitalization and Retirement Equalization Act of 1948," since that

title was repealed by section 53 of the Act of August 10, 1956, ch.

1041 (70A Stat. 641), and is now codified as chapter 67 of title 10

by section 1 of that Act.

AMENDMENTS

2000 - Subsec. (f). Pub. L. 106-398 substituted "that the officer

performed concurrently as an enlisted member" for "that the officer

performed concurrently as a member" and "section 12203" for

"section 12209".

1999 - Subsec. (f). Pub. L. 106-65 added subsec. (f).

1997 - Subsec. (d). Pub. L. 105-85 substituted a comma for the

period after "August 1, 1979".

1996 - Subsec. (d). Pub. L. 104-201 substituted "for service that

the officer performed on or after August 1, 1979." for "that

service after July 31, 1990, that the officer performed while

serving on active duty".

1994 - Subsec. (e)(2)(A). Pub. L. 103-337, Sec. 1676(b)(2)(A),

substituted "12103(b) or 12103(d)" for "511(b) or 511(d)".

Subsec. (e)(2)(B). Pub. L. 103-337, Sec. 1676(b)(2)(B),

substituted "chapter 1209" for "chapter 39".

1993 - Subsec. (a)(7)(B). Pub. L. 103-35 substituted "the

Department of Veterans Affairs" for "the Veterans' Administration".

1992 - Subsec. (d). Pub. L. 102-484 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

"Notwithstanding subsection (a), a commissioned officer may not

count in computing his basic pay any period of service after

October 13, 1964, that he performed concurrently as a member of a

uniformed service and as a member of the Senior Reserve Officers'

Training Corps."

1991 - Subsecs. (a) to (c). Pub. L. 102-25 struck out "of this

section" and "of this subsection" wherever appearing.

1989 - Subsec. (e). Pub. L. 101-189 amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows:

"Notwithstanding subsection (a) of this section, a period served by

a member of a uniformed service in a reserve component under an

enlistment under section 511 of title 10 before the member -

"(1) begins service on active duty under subsection (b) of that

section, or

"(2) begins an initial period of active duty for training under

subsection (d) of that section,

may not be counted under this section."

1984 - Subsec. (e). Pub. L. 98-525 added subsec. (e).

1980 - Subsec. (a). Pub. L. 96-513, Sec. 402(a), struck out in

introductory text reference to subsec. (d) of this section, struck

out cls. (7) and (8), which provided for the addition of four years

for medical and dental officers and one year in addition to the

four years for a medical officer who has completed one year of

medical internship or the equivalent, respectively, redesignated

cl. (9) as (7), and in text following cl. (7), as so redesignated,

substituted "subsections (b), (c), and (d) of section 1402 and

subsections (b), (c), and (d) of section 1402a" for "section

1402(b)-(d) and section 1402a(a)-(d)", and "clauses (2) through

(7)" for "clauses (2)-(9)".

Pub. L. 96-513, Sec. 516(3), substituted in cl. (5) "National

Oceanic and Atmospheric Administration" for "Environmental Science

Service Administration" and in provision following cl. (9)

substituted "National Oceanic and Atmospheric Administration" for

"Environmental Science Service Administration" and inserted

"Environmental Science Service Administration" before "Coast and

Geodetic Survey".

Pub. L. 96-342 inserted reference to section 1402a(a)-(d) of

title 10.

Subsec. (b). Pub. L. 96-513, Sec. 402(b), struck out provisions

relating to reduction of amount of service authorized to be

credited under cl. (7) or (8) of subsec. (a) of this section.

Subsecs. (c) to (e). Pub. L. 96-513, Sec. 402(c), redesignated

subsecs. (d) and (e) as (c) and (d), respectively. Former subsec.

(c), relating to limitations on service credited under cl. (7) or

(8) of subsec. (a) of this section, was struck out.

1974 - Subsec. (a)(1). Pub. L. 93-545 inserted "aviation

midshipman," after "flight officer,".

1968 - Subsec. (e). Pub. L. 90-623 substituted "October 13,

1964," for "the enactment of this subsection".

1966 - Subsec. (a). Pub. L. 89-718 substituted "Environmental

Science Services Administration" for "Coast and Geodetic Survey" in

cl. (5) and inserted provision that, for the purpose of cl. (5),

periods during which a member was a deck officer or junior engineer

in the Environmental Science Services Administration includes

periods during which a member was a deck officer or junior engineer

in the Coast and Geodetic Survey.

1964 - Subsec. (e). Pub. L. 88-647 added subsec. (e).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 607(b) of Pub. L. 98-525 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

persons who enlist under section 511 [now 12103] of title 10,

United States Code, on or after the first day of the third calendar

month which begins after the date of the enactment of this Act

[Oct. 19, 1984]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 402 of Pub. L. 96-513 effective Sept. 15,

1981, but the authority to prescribe regulations under the

amendment by Pub. L. 96-513 effective on Dec. 12, 1980, see section

701 of Pub. L. 96-513, set out as a note under section 101 of Title

10, Armed Forces.

Amendment by section 516(3) of Pub. L. 96-513 effective Dec. 12,

1980, see section 701(b)(3) of Pub. L. 96-513.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

TRANSITION PROVISION

Subsec. (f) of this section applicable to certain enlisted

members of the Marine Corps Reserve selected for training as an

officer candidate under section 12209 of Title 10, Armed Forces,

before implementation of a financial assistance program under

section 16401 of Title 10, see section 551(d) of Pub. L. 106-65,

set out as a note under section 16401 of Title 10.

BENEFITS NOT TO ACCRUE FOR PERIODS PRIOR TO SEPTEMBER 23, 1996

No increase in pay or retired or retainer pay to accrue for

periods before Sept. 23, 1996, by reason of amendments made by

section 507 of Pub. L. 104-201, see section 507(c) of Pub. L.

104-201, set out as a note under section 2106 of Title 10, Armed

Forces.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513, and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. (particularly Sec. 625) of Pub. L. 96-513, set out as a

note under section 611 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 201, 203, 301c, 308, 406

of this title; title 10 sections 972, 2126; title 42 section 212.

-End-

-CITE-

37 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 206. Reserves; members of National Guard: inactive-duty

training

-STATUTE-

(a) Under regulations prescribed by the Secretary concerned, and

to the extent provided for by appropriations, a member of the

National Guard or a member of a reserve component of a uniformed

service who is not entitled to basic pay under section 204 of this

title, is entitled to compensation, at the rate of 1/30 of the

basic pay authorized for a member of a uniformed service of a

corresponding grade entitled to basic pay -

(1) for each regular period of instruction, or period of

appropriate duty, at which the member is engaged for at least two

hours, including that performed on a Sunday or holiday;

(2) for the performance of such other equivalent training,

instruction, duty, or appropriate duties, as the Secretary may

prescribe; or

(3) for a regular period of instruction that the member is

scheduled to perform but is unable to perform because of physical

disability resulting from an injury, illness, or disease incurred

or aggravated -

(A) in line of duty while performing -

(i) active duty; or

(ii) inactive-duty training;

(B) while traveling directly to or from that duty or training

(unless such injury, illness, disease, or aggravation of an

injury, illness, or disease is the result of the gross

negligence or misconduct of the member); or

(C) in line of duty while remaining overnight immediately

before the commencement of inactive-duty training, or while

remaining overnight, between successive periods of

inactive-duty training, at or in the vicinity of the site of

the inactive-duty training.

(b) The regulations prescribed under subsection (a) for each

uniformed service, the National Guard, and each of the classes of

organization of the reserve components within each uniformed

service, may be different. The Secretary concerned shall, for the

National Guard and each of the classes of organization within each

uniformed service, prescribe -

(1) minimum standards that must be met before an assembly for

drill or other equivalent period of training, instruction, duty,

or appropriate duties may be credited for pay purposes, and those

standards may require the presence for duty of officers and

enlisted members in numbers equal to or more than a minimum

number or percentage of the unit strength for a specified period

of time with participation in a prescribed kind of training;

(2) the maximum number of assemblies or periods of other

equivalent training, instruction, duty, or appropriate duties,

that may be counted for pay purposes in each fiscal year or in

lesser periods of time; and

(3) the minimum number of assemblies or periods of other

equivalent training, instruction, duty, or appropriate duties

that must be completed in stated periods of time before the

members of units or organizations can qualify for pay.

(c) A person enlisted in the inactive National Guard is not

entitled to pay under this section.

(d)(1) Except as provided in paragraph (2), this section does not

authorize compensation for work or study performed by a member of a

reserve component in connection with correspondence courses of a

uniformed service.

(2) A member of the Selected Reserve of the Ready Reserve may be

paid compensation under this section at a rate and under terms

determined by the Secretary of Defense, but not to exceed the rate

otherwise applicable to the member under subsection (a), upon the

member's successful completion of a course of instruction

undertaken by the member using electronic-based distributed

learning methodologies to accomplish training requirements related

to unit readiness or mobilization, as directed for the member by

the Secretary concerned. The compensation may be paid regardless of

whether the course of instruction was under the direct control of

the Secretary concerned or included the presence of an instructor.

(e) A member of the National Guard or of a reserve component of

the uniformed services may not be paid under this section for more

than four periods of equivalent training, instruction, duty, or

appropriate duties performed during a fiscal year instead of the

member's regular period of instruction or regular period of

appropriate duty during that fiscal year.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 98-525, title

XIV, Sec. 1402(a), Oct. 19, 1984, 98 Stat. 2620; Pub. L. 99-661,

div. A, title VI, Sec. 604(c), Nov. 14, 1986, 100 Stat. 3876; Pub.

L. 100-456, div. A, title VI, Sec. 631(c), Sept. 29, 1988, 102

Stat. 1985; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6,

1991, 105 Stat. 117; Pub. L. 104-106, div. A, title VII, Sec.

702(d), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105-85, div. A, title

V, Sec. 513(g), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107-107,

div. A, title V, Sec. 513(e), title VI, Sec. 603(a), Dec. 28, 2001,

115 Stat. 1093, 1133.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

206(a) 37:301(a) (less 45 words Oct. 12, 1949, ch. 681,

before proviso and Sec. 501(a) (less 45

proviso). words before proviso),

(b) (less 1st sentence),

(e) (as applicable to

basic pay), 63 Stat.

825, 827; Aug. 10, 1956,

ch. 1041, Sec. 20(e),

(f), 70A Stat. 629; June

30, 1960, Pub. L.

86-559, Sec. 8, 74 Stat.

282.

37:301(e) (as applicable

to basic pay).

206(b) 37:301(a) (proviso).

206(c) 32:303(c). [None.]

206(d) 37:301(b) (less 1st

sentence).

--------------------------------------------------------------------

In subsection (a), the words "National Guard" are substituted for

the words "National Guard, Air National Guard", in section 301(a)

of existing title 37, to conform to the definition of "National

Guard" in section 101(6) of this revised title. The words "member

of a reserve component of a uniformed service" are substituted for

the words "National Guard of the United States, Air National Guard

of the United States, Organized Reserve Corps, Naval Reserve, Air

Force Reserve, Marine Corps Reserve, Coast Guard Reserve, and the

Reserve Corps of the Public Health Service," since all of those

organizations, or their successors, are the reserve components of

the uniformed services. The words "who is not entitled to basic pay

under section 204 of this title" are substituted for section 301(e)

as (applicable to basic pay) of existing title 37. The words "of a

corresponding grade" are inserted for clarity.

In subsection (b), the words "National Guard or reserve

components" are substituted for the listing of organizations for

the reasons set forth above. Reference to "classes of

organization," so far as they relate to the National Guard, are

omitted, since there are no classes of organization of the National

Guard.

PRIOR PROVISIONS

Provisions similar to those comprising subsec. (e) of this

section were contained in the following appropriation acts:

Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8020],

Oct. 12, 1984, 98 Stat. 1904, 1927.

Pub. L. 98-212, title VII, Sec. 722, Dec. 8, 1983, 97 Stat. 1442.

Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 725], Dec.

21, 1982, 96 Stat. 1833, 1855.

Pub. L. 97-114, title VII, Sec. 725, Dec. 29, 1981, 95 Stat.

1583.

Pub. L. 96-527, title VII, Sec. 726, Dec. 15, 1980, 94 Stat.

3086.

Pub. L. 96-154, title VII, Sec. 726, Dec. 21, 1979, 93 Stat.

1157.

Pub. L. 95-457, title VIII, Sec. 826, Oct. 13, 1978, 92 Stat.

1248.

AMENDMENTS

2001 - Subsec. (a)(3)(C). Pub. L. 107-107, Sec. 513(e), struck

out ", if the site is outside reasonable commuting distance from

the member's residence" before period at end.

Subsec. (d). Pub. L. 107-107, Sec. 603(a), designated existing

provisions as par. (1), substituted "Except as provided in

paragraph (2), this section" for "This section" and "a uniformed

service" for "an armed force", and added par. (2).

1997 - Subsec. (a)(3)(C). Pub. L. 105-85 inserted "while

remaining overnight immediately before the commencement of

inactive-duty training, or" after "in line of duty".

1996 - Subsec. (a)(3)(C). Pub. L. 104-106 added subpar. (C).

1991 - Subsec. (b). Pub. L. 102-25 struck out "of this section"

after "subsection (a)".

1988 - Subsec. (a)(3)(A)(i). Pub. L. 100-456 struck out "for a

period of 30 days or less" after "active duty".

1986 - Subsec. (a). Pub. L. 99-661, substituted "entitled to

basic pay - " and pars. (1) to (3) for "entitled to basic pay, for

each regular period of instruction, or period of appropriate duty,

at which he is engaged for at least two hours, including that

performed on a Sunday or holiday, or for the performance of such

other equivalent training, instruction, duty, or appropriate

duties, as the Secretary may prescribe."

1984 - Subsec. (e). Pub. L. 98-525 added subsec. (e).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 applicable with respect to persons

who, after Sept. 29, 1988, incur or aggravate an injury, illness,

or disease, or who die as the result of incurring or aggravating an

injury, illness, or disease, see section 631(d) of Pub. L. 100-456,

set out as a note under section 204 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective Oct. 1, 1985, see section

1404 of Pub. L. 98-525, set out as a note under section 520b of

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 204, 301, 301a,

301c, 304, 307, 308d, 316, 320, 402, 433, 707, 1012 of this title;

title 5 section 8440e; title 10 sections 101, 1076a, 1465, 1466,

12319, 12503; title 26 section 3121; title 31 section 698a; title

32 sections 115, 715; title 38 section 101; title 42 section 409.

-End-

-CITE-

37 USC Sec. 207 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 207. Band leaders

-STATUTE-

(a) The leader of the Army Band is entitled to the basic pay of a

captain in the Army.

(b) The leader of the United States Navy Band is entitled to the

basic pay of a lieutenant in the Navy.

(c) A member of the Marine Corps who is appointed as director or

assistant director of the United States Marine Band under section

6222 of title 10 is entitled, while serving thereunder, only to the

basic pay of an officer in the grade in which he is serving.

However, his basic pay may not be less that to which he was

entitled at the time of his appointment under that section.

(d) The leader of the Naval Academy Band is entitled to the basic

pay of the grade the Secretary of the Navy prescribes. The second

leader is entitled to the basic pay of a warrant officer, W-1.

(e) The director of the Coast Guard Band is entitled to the basic

pay of an officer in the grade in which he is serving. However, his

basic pay may not be less than that to which he was entitled at the

time of his appointment as director.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 89-189, Sec.

2, Sept. 17, 1965, 79 Stat. 820; Pub. L. 95-551, Sec. 3(b)(1), Oct.

30, 1978, 92 Stat. 2069.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

207(a) 10:3536(b) (as applicable [None.]

to basic pay).

207(b) 10:4338(a) (as applicable [None.]

to basic pay).

207(c) 10:6221(b) (as applicable [None.]

to basic pay).

207(d) 10:6222(e) (as applicable [None.]

to basic pay).

207(e) 10:6969(b) (less last [None.]

sentence, as applicable

to basic pay).

--------------------------------------------------------------------

In subsection (a), the last 22 words of section 3536(b) of title

10 are omitted as covered by section 205 of this revised title.

In subsection (b), the last sentence of section 4338(a) of title

10 is omitted as covered by section 205 of this revised title.

In subsection (c), the last 22 words of section 6221(b) of title

10 are omitted as covered by section 205 of this revised title.

In subsection (e), the 2d sentence of section 6969(b) of title 10

is omitted as covered by section 205 of this revised title.

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-551 redesignated former subsec.

(c) as (b). Former subsec. (b), which provided that the director of

music at the United States Military Academy be entitled to the

basic pay of a commissioned officer of the rank prescribed for the

director by the Secretary of the Army, was struck out.

Subsecs. (c) to (e). Pub. L. 95-551 redesignated former subsecs.

(d) to (f) as (c) to (e), respectively.

Subsec. (f). Pub. L. 95-551 redesignated former subsec. (f) as

(e).

1965 - Subsec. (f). Pub. L. 89-189 added subsec. (f).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 424 of this title.

-End-

-CITE-

37 USC Sec. 208 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

[Sec. 208. Repealed. Pub. L. 91-482, Sec. 1(b), Oct. 21, 1970, 84

Stat. 1082]

-MISC1-

Section, Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 461, provided

that an officer furloughed under section 6406 of Title 10, Armed

Forces, was entitled to pay at the rate of one-half of the basic

pay to which he was entitled at the time of being furloughed.

-End-

-CITE-

37 USC Sec. 209 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 209. Members of precommissioning programs

-STATUTE-

(a) Senior ROTC Members in Advanced Training. - (1)Except when on

active duty, a member of the Senior Reserve Officers' Training

Corps who is selected for advance training under section 2104 of

title 10 is entitled to a monthly subsistence allowance at a rate

prescribed under paragraph (2) beginning on the day he starts

advanced training and ending upon the completion of his instruction

under that section, but in no event shall any member receive such

pay for more than 30 months.

(2) The Secretary of Defense shall prescribe by regulation the

monthly rates for subsistence allowances provided under this

section. The rate may not be less than $250 per month, but may not

exceed $674 per month.

(3) A subsistence allowance under this section may not be

considered financial assistance requiring additional service within

the meaning of the third sentence of section 6(d)(1) of the

Military Selective Service Act (50 U.S.C. App. 456(d)(1)).

(b) Senior ROTC Members Appointed in Reserves. - Except when on

active duty, a cadet or midshipman appointed under section 2107 of

title 10 is entitled to a monthly subsistence allowance at a rate

prescribed under subsection (a). A member enrolled in the first two

years of a four-year program is entitled to receive subsistence for

a maximum of twenty months. A member enrolled in the advanced

course is entitled to subsistence as prescribed for a member

enrolled under section 2104 of title 10 as prescribed in subsection

(a).

(c) Pay While Attending Training or Practice Cruise. - Each cadet

or midshipman in the Senior Reserve Officers' Training Corps, while

he is attending training or practice cruises under chapter 103 of

title 10 if the training or cruise is of at least four weeks

duration and must be completed before the cadet or midshipman is

commissioned, and each applicant for membership in the Senior

Reserve Officers' Training Corps, while he is attending field

training or practice cruises to satisfy the requirements of section

2104(b)(6)(B) of title 10 for admission to advanced training, is

entitled, while so attending, to pay at the rate prescribed for

cadets and midshipmen at the United States Military, Naval, and Air

Force Academies under section 203(c) of this title, except that the

rate for a cadet or midshipman who is a member of the regular

component of an armed force shall be the rate of basic pay

applicable to the member under section 203 of this title.

(d) Members of Marine Corps Officer Candidate Program. - Except

when serving on active duty, a member who is enrolled in a Marine

Corps officer candidate program which requires a baccalaureate

degree as a prerequisite to being commissioned as an officer and

who is not enrolled in a program established under chapter 103 of

title 10 or an academy established under chapter 403, 603, or 903

of title 10 may be paid a subsistence allowance at a monthly rate

prescribed under subsection (a) for a member of the Senior Reserve

Officers' Training Corps who is selected for advanced training

under section 2104 of title 10.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88-647, title

II, Sec. 202(2), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89-51, Sec.

3, June 28, 1965, 79 Stat. 173; Pub. L. 89-718, Sec. 51, Nov. 2,

1966, 80 Stat. 1121; Pub. L. 92-171, Sec. 1, Nov. 24, 1971, 85

Stat. 490; Pub. L. 95-79, title III, Sec. 302(a)(3), July 30, 1977,

91 Stat. 326; Pub. L. 96-342, title VIII, Sec. 811(a), Sept. 8,

1980, 94 Stat. 1098; Pub. L. 96-513, title V, Sec. 516(4), Dec. 12,

1980, 94 Stat. 2938; Pub. L. 96-579, Sec. 8, Dec. 23, 1980, 94

Stat. 3368; Pub. L. 98-94, title X, Sec. 1003(a)(4), Sept. 24,

1983, 97 Stat. 656; Pub. L. 100-456, div. A, title VI, Sec. 633(d),

Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101-189, div. A, title VI,

Sec. 653(d), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102-25, title

VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.

103-337, div. A, title VI, Sec. 603(a), Oct. 5, 1994, 108 Stat.

2782; Pub. L. 106-65, div. A, title V, Sec. 546(a), Oct. 5, 1999,

113 Stat. 608; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

612(b), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A-150; Pub. L.

107-107, div. A, title V, Sec. 535(b), Dec. 28, 2001, 115 Stat.

1107; Pub. L. 107-314, div. A, title X, Sec. 1062(g)(2), Dec. 2,

2002, 116 Stat. 2651.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

209(a) 10:6904(b). [None.]

209(b) 10:6905(b). [None.]

209(c) 10:6906(c) (1st sentence, [None.]

as applicable to pay).

--------------------------------------------------------------------

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-314 amended Pub. L. 106-398, Sec.

1 [[div. A], title VI, Sec. 612(c)(4)(B)]. See 2000 Amendment note

below.

2001 - Subsec. (c). Pub. L. 107-107 inserted before period at end

", except that the rate for a cadet or midshipman who is a member

of the regular component of an armed force shall be the rate of

basic pay applicable to the member under section 203 of this

title".

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 612(b), (c)(1)], inserted heading, designated first sentence

as par. (1), substituted "monthly subsistence allowance at a rate

prescribed under paragraph (2)" for "subsistence allowance of $200

a month", added par. (2), designated last sentence as par. (3), and

substituted "A subsistence" for "Subsistence".

Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

612(c)(2)], inserted heading and substituted "at a rate prescribed

under subsection (a)" for "in the amount provided in subsection

(a)" in text.

Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

612(c)(3)], inserted heading.

Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

612(c)(4)(B)], as amended by Pub. L. 107-314, substituted "a

monthly rate prescribed under subsection (a)" for "the same rate as

that prescribed by subsection (a)".

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 612(c)(4)(A)],

inserted heading.

1999 - Subsec. (a). Pub. L. 106-65 substituted "$200 a month" for

"$150 a month".

1994 - Subsec. (a). Pub. L. 103-337 substituted "$150 a month"

for "$100 a month".

1991 - Subsecs. (b) and (d). Pub. L. 102-25 struck out "of this

section" after "subsection (a)" wherever appearing.

1989 - Subsec. (c). Pub. L. 101-189 which directed striking out

the period after "title 10" the first place it appears, was

executed by striking the period after "the cadet or midshipman is

commissioned" to reflect the probable intent of Congress.

1988 - Subsec. (c). Pub. L. 100-456 substituted "training or

practice cruises under chapter 103 of title 10 if the training or

cruise is of at least four weeks duration and must be completed

before the cadet or midshipman is commissioned." for "field

training or practice cruises under section 2109 of title 10".

1983 - Subsec. (a). Pub. L. 98-94 substituted "30 months" for "20

months".

1980 - Subsec. (a). Pub. L. 96-513 substituted "section 6(d)(1)

of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))"

for "section 456(d)(1) of title 50, appendix".

Subsec. (d). Pub. L. 96-579 struck out par. (1) designation and

par. (2) prohibiting payment of subsistence allowance for any

period after Sept. 30, 1982.

Pub. L. 96-342 added subsec. (d).

1977 - Pub. L. 95-79, Sec. 302(a)(3)(B), substituted "Members of

precommissioning programs" for "Members of Senior Reserve Officers'

Training Corps" in section catchline.

Subsec. (c). Pub. L. 95-79, Sec. 302(a)(3)(A), substituted

provisions authorizing rates of pay for cadets and midshipmen in

the Senior Reserve Officers' Training Corps and applicants for

membership in the Corps to be computed under section 203(c) of this

title, for provisions authorizing rates of pay for members of the

Senior Reserve Officers' Training Corps to be computed under

section 201(c) of this title and for applicants for membership in

the Corps to be computed under section 203 of this title for

enlisted members in pay grade E-1.

1971 - Subsec. (a). Pub. L. 92-171, Sec. 1(1), substituted "a

subsistence allowance of $100 a month" for "subsistence allowance

at the rate of not less than $40 per month or more than $50 per

month".

Subsec. (b). Pub. L. 92-171, Sec. 1(2), substituted "a monthly

subsistence allowance in the amount provided in subsection (a) of

this section. A member enrolled in the first two years of a

four-year program is entitled to receive subsistence for a maximum

of twenty months. A member enrolled in the advanced course is

entitled to subsistence as prescribed for a member enrolled under

section 2104 of title 10 as prescribed in subsection (a) of this

section." for "subsistence allowance at the rate of $50 a month

beginning on the day that he starts his first term of college work

under that section and ending upon the completion of his

instruction under that section, but not for more than four years."

1966 - Subsec. (a). Pub. L. 89-718, Sec. 51(1), struck out ",

United States Code," after "section 2104 of title 10", and

substituted "20" for "twenty" and "section 456(d)(1) of title 50,

appendix" for "section 6(d)(1) of the Universal Military Training

and Service Act, as amended (50 U.S.C. App. 456(d)(1))".

Subsec. (c). Pub. L. 89-718, Sec. 51(2), struck out ", United

States Code," after "section 2104(b)(6)(B) of title 10".

1965 - Subsec. (a). Pub. L. 89-51 substituted "subsistence

allowance" and "Subsistence allowance" for "retainer pay" and

"Retainer pay", respectively.

Subsec. (b). Pub. L. 89-51 substituted "subsistence allowance"

for "retainer pay".

1964 - Pub. L. 88-647 substituted provisions which grant a

trainee under section 2104 of title 10, retainer pay of from $40 to

$50 monthly for his instruction period under said section 2104,

limited to not more than 20 months, provide that such assistance

does not fall within section 456(d)(1) of title 50 App., grant

cadets or midshipmen under section 2107 of title 10 retainer pay,

limited to not more than 4 years, authorize pay for trainees

attending field training or practice cruises under section 2109 of

title 10 at the rate prescribed for cadets and midshipmen at the

military academies under section 201(c) of this title, and pay for

applicants attending field training or practice cruises to satisfy

section 2104(b)(6)(B) of title 10, as in section 203 of this title

for enlisted men grade E-1, for provisions entitling midshipmen

appointed under section 6904 of title 10 to $50 a month for his

instruction period up to 4 academic years, seamen recruits under

section 6905 of title 10 to $50 monthly for his instruction period

under said section 6905, and midshipmen in flight training or on

flight duty under section 6906 of title 10 to pay as for midshipmen

at the Naval Academy plus an amount equal to 50 percent of his pay

for flight duty.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title X, Sec. 1062(g), Dec. 2, 2002, 116

Stat. 2651, provided that the amendment made by section 1062(g)(2)

is effective as of Oct. 30, 2000, and as if included in Pub. L.

106-398 as enacted.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by section 1 [[div. A], title VI, Sec. 612(b)] of Pub.

L. 106-398 effective Oct. 1, 2001, see section 1 [[div. A], title

VI, Sec. 612(d)] of Pub. L. 106-398, set out as a note under

section 203 of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title V, Sec. 546(b), Oct. 5, 1999, 113

Stat. 608, provided that: "The amendment made by subsection (a)

[amending this section] shall take effect on October 1, 1999."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 603(b) of Pub. L. 103-337 provided that:

"(1) Except as provided in paragraph (2), the amendments made by

subsection (a) [amending this section] shall apply with respect to

months beginning after August 31, 1995.

"(2) Upon the approval of the Secretary of Defense, the Secretary

of a military department may implement such amendments at an

earlier date with respect to members of the Senior Reserve

Officers' Training Corps under the jurisdiction of the Secretary if

funds are available for the monthly subsistence allowances

authorized by such amendments."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 applicable with respect to training

performed after Sept. 30, 1988, see section 633(e) of Pub. L.

100-456, set out as a note under section 2109 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 2 of Pub. L. 92-171 provided that: "The amendments made

by this Act [amending this section] shall become effective on July

1, 1971."

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-51 effective Oct. 13, 1964, see section 4

of Pub. L. 89-51, set out as a note under section 2109 of Title 10,

Armed Forces.

SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE MARINE CORPS OFFICER

CANDIDATE PROGRAMS

Pub. L. 92-172, Nov. 24, 1971, 85 Stat. 491, as amended by Pub.

L. 94-361, title VI, Sec. 604, July 14, 1976, 90 Stat. 929; Pub. L.

95-79, title VIII, Sec. 806, July 30, 1977, 91 Stat. 334; Pub. L.

95-485, title VIII, Sec. 803, Oct. 20, 1978, 92 Stat. 1620, which

provided that until Sept. 30, 1980, except when on active duty, a

member enrolled in a Marine Corps officer candidate program which

required a baccalaureate degree as a prerequisite to being

commissioned as a regular or reserve officer, and who was not

enrolled in a program or an academy established under chapter 103,

403, 603, or 903 of Title 10, Armed Forces, could be paid a

subsistence allowance at the same rate as that prescribed by

subsec. (a) of this section, was repealed by Pub. L. 96-342, title

VIII, Sec. 811(b), Sept. 8, 1980, 94 Stat. 1098. See subsec. (d) of

this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1478; title 14

section 705.

-End-

-CITE-

37 USC Sec. 210 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 210. Pay of senior enlisted members during terminal leave and

while hospitalized

-STATUTE-

(a) A noncommissioned officer of an armed force who, immediately

following the completion of service as the senior enlisted member

of that armed force, is placed on terminal leave pending retirement

shall be entitled, for not more than 60 days while in such status,

to the rate of basic pay authorized for the senior enlisted member

of that armed force.

(b) A noncommissioned officer of an armed force who is

hospitalized and who, during or immediately before such

hospitalization, completed service as the senior enlisted member of

that armed force, shall continue to be entitled, for not more than

180 days while so hospitalized, to the rate of basic pay authorized

for the senior enlisted member of that armed force.

(c) In this section, the term "senior enlisted member" means the

following:

(1) The Sergeant Major of the Army.

(2) The Master Chief Petty Officer of the Navy.

(3) The Chief Master Sergeant of the Air Force.

(4) The Sergeant Major of the Marine Corps.

(5) The Master Chief Petty Officer of the Coast Guard.

-SOURCE-

(Added Pub. L. 102-190, div. A, title VI, Sec. 606(a), Dec. 5,

1991, 105 Stat. 1374; amended Pub. L. 104-201, div. A, title VI,

Sec. 603(a), (b)(1), Sept. 23, 1996, 110 Stat. 2540.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201, Sec. 603(b)(1), substituted "Pay of

senior enlisted members during terminal leave and while

hospitalized" for "Pay of the senior noncommissioned officer of an

armed force during terminal leave" in section catchline.

Subsecs. (b), (c). Pub. L. 104-201, Sec. 603(a), added subsec.

(b) and redesignated former subsec. (b) as (c).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

37 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 3 - BASIC PAY

-HEAD-

Sec. 211. Participation in Thrift Savings Plan

-STATUTE-

(a) Definition. - In this section, the term "member" means -

(1) a member of the uniformed services serving on active duty;

and

(2) a member of the Ready Reserve in any pay status.

(b) Authority. - Any member may participate in the Thrift Savings

Plan in accordance with section 8440e of title 5.

(c) Rule of Construction Regarding Separation. - For purposes of

subchapters III and VII of chapter 84 of title 5, each of the

following actions shall, in the case of a member participating in

the Thrift Savings Plan in accordance with section 8440e of such

title, be considered a separation from Government employment:

(1) Release of the member from active duty, not followed,

before the end of the 31-day period beginning on the day

following the effective date of the release, by -

(A) a resumption of active duty; or

(B) an appointment to a position covered by chapter 83 or 84

of title 5 or an equivalent retirement system, as identified by

the Executive Director (appointed by the Federal Retirement

Thrift Investment Board) in regulations.

(2) Transfer of the member to inactive status, or to a retired

list pursuant to any provision of title 10.

(d) Agency Contributions for Retention in Critical Specialties. -

(1) The Secretary concerned may enter into an agreement with a

member to make contributions to the Thrift Savings Fund for the

benefit of the member if the member -

(A) is in a specialty designated by the Secretary as critical

to meet requirements (whether such specialty is designated as

critical to meet wartime or peacetime requirements); and

(B) commits in such agreement to continue to serve on active

duty in that specialty for a period of 6 years.

(2) Under any agreement entered into with a member under

paragraph (1), the Secretary shall make contributions to the Fund

for the benefit of the member for each pay period of the 6-year

period of the agreement for which the member makes a contribution

to the Fund under section 8440e of title 5 (other than under

subsection (d)(2) thereof). Paragraph (2) of section 8432(c) of

title 5 applies to the Secretary's obligation to make contributions

under this paragraph, except that the reference in such paragraph

(2) to contributions under paragraph (1) of such section 8432(c)

does not apply.

-SOURCE-

(Added and amended Pub. L. 106-65, div. A, title VI, Secs.

661(a)(1)(A), 662, Oct. 5, 1999, 113 Stat. 670, 672.)

-MISC1-

AMENDMENTS

1999 - Subsec. (d). Pub. L. 106-65, Sec. 662, added subsec. (d).

EFFECTIVE DATE

Section and amendment by Pub. L. 106-65 effective 180 days after

Oct. 30, 2000, unless postponed, see section 663 of Pub. L. 106-65,

as amended, set out as a note under section 8440e of Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 8432b, 8440e.

-End-