Legislación
US (United States) Code. Title 37. Chapter 3: Basic pay
-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 Repealed.]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-
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| País: | Estados Unidos |
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