-CITE-

37 USC CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-MISC1-

Sec.

901. Wartime pay of officer of armed force exercising

command higher than his grade.

902. Pay of crews of wrecked or lost naval vessels.

903. Retired members recalled to active duty; former

members.

[904. Repealed.]

905. Reserve officers of the Navy or Marine Corps not on

the active-duty list: effective date of pay and

allowances.

906. Extension of enlistment: effect on pay and allowances.

907. Enlisted members and warrant officers appointed as

officers: pay and allowances stabilized.

908. Employment of reserves and retired members by foreign

governments.

909. Special and incentive pay: payment at unreduced rates

during suspension of personnel laws.

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title VI, Sec. 623(a)(2), Dec.

28, 2001, 115 Stat. 1143, added item 909.

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.

1982 - Pub. L. 97-295, Sec. 3(6)(B), Oct. 12, 1982, 96 Stat.

1304, added item 908.

1980 - Pub. L. 96-513, title V, Sec. 506(8), Dec. 12, 1980, 94

Stat. 2919, struck out item 904 "Officers of Navy or Marine Corps

promoted under chapter 545 of title 10: effective date of beginning

of pay and allowances" and substituted "Reserve officers of the

Navy or Marine Corps not on the active-duty list: effective date of

pay and allowances" for "Officers of Navy or Marine Corps not

covered by section 904 of this title: effective date of beginning

of pay and allowances" in item 905.

Pub. L. 96-343, Sec. 6(a)(2), Sept. 8, 1980, 94 Stat. 1127,

substituted "and warrant officers appointed as officers:" for

"appointed as officers;" in item 907.

1970 - Pub. L. 91-484, Sec. 1(2), Oct. 21, 1970, 84 Stat. 1084,

added item 907.

-End-

-CITE-

37 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 901. Wartime pay of officer of armed force exercising command

higher than his grade

-STATUTE-

In time of war, an officer of an armed force who is serving with

troops operating against an enemy and who exercises, under

assignment in orders issued by competent authority, a command above

that pertaining to his grade, is entitled to the pay and allowances

(not above that of pay grade O-7) appropriate to the command so

exercised.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 486.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

section Large)

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

901 37:235a. Apr. 26, 1898, ch. 191,

Sec. 7 (less last

proviso), 30 Stat. 365.

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

Applicability of the source law to the Air Force is based on

Transfer Order No. 25(zzz), of the Secretary of Defense, dated

October 14, 1948. Its applicability, other than to the Army and the

Air Force, is based upon an opinion of the Judge Advocate General

of the Navy, JAG 135: DDC; dmt.; 4229, dated July 29, 1960. The

words "(but not above that of pay grade O-7)" are substituted for

section 235a (proviso) of existing title 37.

-End-

-CITE-

37 USC Sec. 902 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 902. Pay of crews of wrecked or lost naval vessels

-STATUTE-

(a) When the accounts of the disbursing officer of a naval vessel

are lost as a result of the destruction of the vessel, his return

for the last month may, unless there is official evidence to the

contrary, be used in computing later credits to and settling

accounts of persons, other than officers, carried on his accounts.

If the return for the last month has not been made, the pay

accounts may be settled on principles of equity and justice.

(b) When a naval vessel is lost or has not been heard from for so

long that her loss may be presumed, the Secretary of the Navy may

fix the date of loss of the vessel for the purpose of settling the

accounts of persons aboard other than officers.

(c) When the crew of a naval vessel is separated from that vessel

because of her wreck, loss, or destruction, the pay and emoluments

of those officers and enlisted members that the Secretary considers

(because of the sentence of a court-martial or the finding of a

court of inquiry, or by other satisfactory evidence) to have done

their utmost to save the vessel and, after the wreck, loss, or

destruction, to have behaved themselves according to the discipline

of the Navy, continue and shall be paid to them until their

discharge or death, whichever is earlier.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 486; Pub. L. 104-316,

title I, Sec. 118, Oct. 19, 1996, 110 Stat. 3836.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

section Large)

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

902(a) 10:6144. [None.]

902(b)

902(c)

10:6145.

37:243.

[None.]

R.S. 1574.

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

In subsections (a) and (c), the words "naval vessel" are

substituted for the words "any vessel of the United States", in

section 243 of existing title 37, and the words "vessel in the

employ of the United States", in section 6144 of title 10, for

clarity and to conform to subsection (b).

In subsection (c), the word "continues" is substituted for the

words "go on". The words "whichever is earlier" are inserted for

clarity. The words "or the findings of a" are inserted since a

court of inquiry cannot impose a sentence.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-316 substituted "the Secretary of

the Navy may" for "the General Accounting Office, under the

direction of the Secretary of the Navy, may".

-End-

-CITE-

37 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 903. Retired members recalled to active duty; former members

-STATUTE-

A retired member or former member of a uniformed service, or a

member of the Fleet Reserve or Fleet Marine Corps Reserve, who is

serving on active duty is entitled to the pay and allowances to

which he is entitled, under this title, for the grade, rank, or

rating in which he is serving. In addition, while on active duty,

he is entitled to the pay and allowances, while on leave of absence

or while sick, of a member of a uniformed service of similar grade,

rank, or rating who is entitled to basic pay.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 487.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

section Large)

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

903 37:314. Oct. 12, 1949, ch. 681,

Sec. 514, 63 Stat. 831.

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

The word "rating" is inserted for clarity. The words "is entitled

to" are substituted for the words "shall . . . be entitled to

receive and have the same . . . rights". The last 41 words of

section 314 of existing title 37 are omitted, since the sections

mentioned therein were repealed by section 53(b) of the Act of

August 10, 1956, ch. 1041 (70A Stat. 646). The subject of death

benefits and entitlement thereto is now covered by chapter 75 of

title 10.

-End-

-CITE-

37 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

[Sec. 904. Repealed. Pub. L. 96-513, title IV, Sec. 403(a), Dec.

12, 1980, 94 Stat. 2904]

-MISC1-

Section, Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 487; Pub. L.

90-130, Sec. 3(2), Nov. 8, 1967, 81 Stat. 383; Pub. L. 90-623, Sec.

3(8), Oct. 22, 1968, 82 Stat. 1315, set forth provisions relating

to effective date of beginning of pay and allowances of officers of

Navy or Marine Corps promoted under chapter 545 of Title 10, Armed

Forces.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, but with authority to prescribe

regulations under the amendment by section 403(a) of Pub. L. 96-513

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

out as an Effective Date of 1980 Amendment note under section 101

of Title 10, Armed Forces.

-End-

-CITE-

37 USC Sec. 905 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 905. Reserve officers of the Navy or Marine Corps not on the

active-duty list: effective date of pay and allowances

-STATUTE-

(a) A reserve officer who is promoted under chapter 1405 of title

10 to a grade above lieutenant (junior grade) in the Naval Reserve

or above first lieutenant in the Marine Corps Reserve is entitled

to the pay and allowances of the grade to which promoted for duty

performed from the date on which he becomes eligible for promotion

to that grade.

(b) A reserve officer who is promoted under section 14308(b) of

title 10 to the grade of lieutenant (junior grade) in the Naval

Reserve or first lieutenant in the Marine Corps Reserve is entitled

to the pay and allowances of the higher grade for duty performed

from the date given him as his date of rank.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 488; Pub. L. 95-377, Sec.

9, Sept. 19, 1978, 92 Stat. 721; Pub. L. 96-513, title IV, Sec.

403(b), Dec. 12, 1980, 94 Stat. 2904; Pub. L. 103-337, div. A,

title XVI, Sec. 1676(b)(3), Oct. 5, 1994, 108 Stat. 3019.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

section Large)

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

905(a) 10:6141. [None.]

905(b) 10:5907. [None.]

905(c) 10:5908(a) (last [None.]

sentence).

905(d) 10:5788(c). [None.]

905(e) 10:5787b(c). [None.]

905(f) 10:5505(c). [None.]

905(g) 10:5597(h) (last [None.]

sentence).

10:5597(i) (last 21 [None.]

words).

905(h) 10:5787(g) (last 21 [None.]

words).

10:5787(h) (last [None.]

sentence).

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

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-337, Sec. 1676(b)(3)(A),

substituted "chapter 1405" for "chapter 549".

Subsec. (b). Pub. L. 103-337, Sec. 1676(b)(3)(B), substituted

"section 14308(b)" for "section 5908".

1980 - Pub. L. 96-513 substituted "Reserve officers of the Navy

or Marine Corps not on the active-duty list: effective date of pay

and allowances" for "Officers of Navy or Marine Corps not covered

by section 904 of this title: effective date of beginning of pay

and allowances" in section catchline, and generally revised and

restructured section, and as part of such restructuring struck out

former subsec. (a), redesignated former subsecs. (b) and (c) as

subsecs. (a) and (b), respectively, and, in subsec. (a) as so

redesignated, struck out second sentence which related to

establishment of an officer's professional and moral

qualifications, and struck out former subsecs. (d) to (h).

1978 - Subsec. (h). Pub. L. 95-377 inserted reference to section

5787d.

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 1980 AMENDMENT

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.

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. 906 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 906. Extension of enlistment: effect on pay and allowances

-STATUTE-

A member of the Army, Navy, Air Force, Marine Corps, or Coast

Guard, as the case may be, who extends his enlistment under section

509 of title 10 is entitled to the same pay and allowances as

though he had reenlisted. For the purposes of determining

entitlement to reenlistment bonus or to travel and transportation

allowances upon discharge, all such extensions of an enlistment are

considered one continuous extension.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 90-235, Sec.

2(c), Jan. 2, 1968, 81 Stat. 757.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

section Large)

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

906(a) 10:3263(b). [None.]

10:8263(b). [None.]

906(b) 10:5539(b). [None.]

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

In subsection (a), the words "who extends his enlistment" are

substituted for the words "While serving under an enlistment

extended". The words "same pay and allowances as though he had

reenlisted" are substituted for the last 31 words of section

3263(b) of title 10 and the last 31 words of section 8263(b) of

title 10.

AMENDMENTS

1968 - Pub. L. 90-235 struck out provisions formerly set out as

subsec. (a) which provided that a member of the Army or Air Force

who had extended his enlistment was entitled to the same pay as

though he had reenlisted, redesignated as entire section provisions

formerly set out as subsec. (b) and substituted "Army, Navy, Air

Force, Marine Corps, or Coast Guard" for "Regular Navy or the

Regular Marine Corps" and "section 509 of title 10" for "section

5539 of title 10".

-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. 907 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 907. Enlisted members and warrant officers appointed as

officers: pay and allowances stabilized

-STATUTE-

(a) An enlisted member who accepts an appointment as an officer

shall, for service as an officer, be paid the greater of -

(1) the pay and allowances to which he is entitled as an

officer; or

(2) the pay and allowances to which he would be entitled if he

were in the last enlisted grade he held before his appointment as

an officer.

(b) A warrant officer who accepts an appointment as a

commissioned officer in a pay grade above W-4 shall, for service as

such a commissioned officer, be paid the greater of -

(1) the pay and allowances to which he is entitled as such a

commissioned officer;

(2) the pay and allowances to which he would be entitled if he

were in the last warrant officer grade he held before his

appointment as such a commissioned officer; or

(3) in the case of an officer who was formerly an enlisted

member, the pay and allowances to which he would be entitled if

he were in the last enlisted grade he held before his appointment

as an officer.

(c) For the purposes of this section -

(1) the pay and allowances of a grade formerly held by an

officer include -

(A) subject to subsection (d), special and incentive pays

under chapter 5 of this title; and

(B) subject to subsection (e), allowances under chapter 7 of

this title; and

(2) the rates of pay and allowances of a grade which an officer

formerly held are those to which the officer would have been

entitled had he remained in that grade and continued to receive

the increases in pay and allowances authorized for that grade, as

otherwise provided in this title.

(d) In determining the amount of the pay and allowances of a

grade formerly held by an officer, incentive pay for hazardous duty

under section 301 of this title, special pay for diving duty under

section 304 of this title, for hardship duty under section 305 of

this title, and for sea duty under section 305a of this title, and

proficiency pay under section 307 of this title may be considered

only so long as the officer continues to perform the duty creating

the entitlement to or eligibility for that pay and would otherwise

be eligible to receive that pay in his former grade.

(e) The clothing allowance under section 418 of this title may

not be considered in determining the amount of the pay and

allowances of a grade formerly held by an officer if the officer is

entitled to a uniform allowance under section 415 of this title.

-SOURCE-

(Added Pub. L. 91-484, Sec. 1(1), Oct. 21, 1970, 84 Stat. 1083;

amended Pub. L. 96-343, Sec. 6(a)(1), Sept. 8, 1980, 94 Stat. 1126;

Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105

Stat. 117; Pub. L. 105-85, div. A, title VI, Sec. 619(d), Nov. 18,

1997, 111 Stat. 1790; Pub. L. 105-261, div. A, title VI, Sec.

617(b), Oct. 17, 1998, 112 Stat. 2041.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-261 substituted "hardship duty"

for "duty at a hardship duty location".

1997 - Subsec. (d). Pub. L. 105-85 substituted "duty at a

hardship duty location" for "duty at certain places".

1991 - Subsec. (c)(1). Pub. L. 102-25 struck out "of this

section" after "subsection (d)" in subpar. (A) and after

"subsection (e)" in subpar. (B).

1980 - Pub. L. 96-343 substituted "and warrant officers appointed

as officers:" for "appointed as officers;" in section catchline,

and, in generally revising section, struck out provision for

temporary appointment of enlisted members as officers, provided for

pay and allowances for warrant officers who accept appointment as

commissioned officers, and specified what pay and allowances

include and what rates and allowances of a grade which an officer

formerly held are for purposes of this section.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 6(c) of Pub. L. 96-343 provided that: "The amendments

made by this section [amending this section and section 203 of this

title] shall be effective with respect to periods for which pay and

allowances are payable which begin after August 31, 1980."

-End-

-CITE-

37 USC Sec. 908 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 908. Employment of reserves and retired members by foreign

governments

-STATUTE-

(a) Congressional Consent. - Subject to subsection (b), Congress

consents to the following persons accepting civil employment (and

compensation for that employment) for which the consent of Congress

is required by the last paragraph of section 9 of article I of the

Constitution, related to acceptance of emoluments, offices, or

titles from a foreign government:

(1) Retired members of the uniformed services.

(2) Members of a reserve component of the armed forces.

(3) Members of the Commissioned Reserve Corps of the Public

Health Service.

(b) Approval Required. - A person described in subsection (a) may

accept employment or compensation described in that subsection only

if the Secretary concerned and the Secretary of State approve the

employment.

(c) Military Service in Foreign Armed Forces. - For a provision

of law providing the consent of Congress to service in the military

forces of certain foreign nations, see section 1060 of title 10.

-SOURCE-

(Added Pub. L. 97-295, Sec. 3(6)(A), Oct. 12, 1982, 96 Stat. 1304;

amended Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6,

1991, 105 Stat. 117; Pub. L. 103-160, div. A, title XIV, Sec.

1433(c), Nov. 30, 1993, 107 Stat. 1834; Pub. L. 103-337, div. A,

title X, Sec. 1070(d)(6), Oct. 5, 1994, 108 Stat. 2858.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

section Large)

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

908 37:801 (note). Aug. 17, 1977, Pub. L.

95-105, Sec. 509(a)-(c),

91 Stat. 859.

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

In subsection (a), the words "for which" are substituted for

"with respect to which" for clarity.

The text of section 509(c) of the Act of August 17, 1977, is

omitted as unnecessary because of the definitions in 37:101.

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-337 substituted "1060" for

"1058".

1993 - Pub. L. 103-160 inserted headings in subsecs. (a) and (b)

and added subsec. (c).

1991 - Subsec. (a). Pub. L. 102-25 struck out "of this section"

after "subsection (b)".

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

"subsection (a)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1060; title 22

section 3622.

-End-

-CITE-

37 USC Sec. 909 01/06/03

-EXPCITE-

TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 909. Special and incentive pay: payment at unreduced rates

during suspension of personnel laws

-STATUTE-

(a) Authority To Continue Payment at Unreduced Rates. - To ensure

fairness and recognize the contributions of members of the armed

forces to military essential missions, the Secretary of the

military department concerned may authorize members who are

involuntarily retained on active duty under section 123 or 12305 of

title 10 or any other provision of law and who, immediately before

retention on active duty, were entitled or eligible for special pay

or incentive pay under chapter 5 of this title, to receive that

special pay or incentive pay for qualifying service performed

during the retention period, without a reduction in the payment

rate below the rate the members received immediately before

retention on active duty, notwithstanding any requirement otherwise

applicable to that special pay or incentive pay that would reduce

the payment rate by reason of the years of service of the members.

(b) Suspension During Time of War. - Subsection (a) does not

apply with respect to a special pay or incentive pay under chapter

5 of this title, whenever the authority to provide that special pay

or incentive pay is suspended by the President or the Secretary of

Defense during a time of war.

(c) Qualifying Service Defined. - In this section, the term

"qualifying service" means service for which a particular special

pay or incentive pay is payable under the authority of a provision

of chapter 5 of this title.

-SOURCE-

(Added Pub. L. 107-107, div. A, title VI, Sec. 623(a)(1), Dec. 28,

2001, 115 Stat. 1142.)

-MISC1-

EFFECTIVE DATE

Pub. L. 107-107, div. A, title VI, Sec. 623(b), Dec. 28, 2001,

115 Stat. 1143, provided that: "Section 909 of title 37, United

States Code, as added by subsection (a)(1), shall apply with

respect to pay periods beginning after September 11, 2001."

-End-