[USC02] 37 USC Ch. 17: MISCELLANEOUS RIGHTS AND BENEFITS
Result 1 of 1
   
 

TEXT OF PART V OF SUBTITLE A (3001 ET SEQ.), EFFECTIVE JANUARY 1, 2022, CURRENTLY SET OUT AS A PREVIEW

37 USC Ch. 17: MISCELLANEOUS RIGHTS AND BENEFITS
From Title 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 17—MISCELLANEOUS RIGHTS AND BENEFITS

Sec.
901.
Wartime pay of officer of armed force exercising command higher than his grade.
902.
Pay of crews of wrecked or lost naval vessels.
903.
Retired members recalled to active duty; former members.
[904.
Repealed.]
905.
Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances.
906.
Extension of enlistment: effect on pay and allowances.
907.
Enlisted members and warrant officers appointed as officers: pay and allowances stabilized.
908.
Reserves and retired members: acceptance of employment, payments, and awards from foreign governments.
909.
Special and incentive pay: payment at unreduced rates during suspension of personnel laws.
910.
Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service.

        

Editorial Notes

Amendments

2021Pub. L. 116–283, div. A, title VI, §641(c)(2), Jan. 1, 2021, 134 Stat. 3684, substituted "Reserves and retired members: acceptance of employment, payments, and awards from foreign governments" for "Employment of reserves and retired members by foreign governments" in item 908.

2006Pub. L. 109–163, div. A, title VI, §614(b), Jan. 6, 2006, 119 Stat. 3293, added item 910.

2001Pub. L. 107–107, div. A, title VI, §623(a)(2), Dec. 28, 2001, 115 Stat. 1143, added item 909.

1990Pub. L. 101–510, div. A, title XIV, §1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters.

1982Pub. L. 97–295, §3(6)(B), Oct. 12, 1982, 96 Stat. 1304, added item 908.

1980Pub. L. 96–513, title V, §506(8), Dec. 12, 1980, 94 Stat. 2919, struck out item 904 "Officers of Navy or Marine Corps promoted under chapter 545 of title 10: effective date of beginning of pay and allowances" and substituted "Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances" for "Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances" in item 905.

Pub. L. 96–343, §6(a)(2), Sept. 8, 1980, 94 Stat. 1127, substituted "and warrant officers appointed as officers:" for "appointed as officers;" in item 907.

1970Pub. L. 91–484, §1(2), Oct. 21, 1970, 84 Stat. 1084, added item 907.

§901. Wartime pay of officer of armed force exercising command higher than his grade

In time of war, an officer of an armed force who is serving with troops operating against an enemy and who exercises, under assignment in orders issued by competent authority, a command above that pertaining to his grade, is entitled to the pay and allowances (not above that of pay grade O–7) appropriate to the command so exercised.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
901 37:235a. Apr. 26, 1898, ch. 191, §7 (less last proviso), 30 Stat. 365.

Applicability of the source law to the Air Force is based on Transfer Order No. 25(zzz), of the Secretary of Defense, dated October 14, 1948. Its applicability, other than to the Army and the Air Force, is based upon an opinion of the Judge Advocate General of the Navy, JAG 135: DDC; dmt.; 4229, dated July 29, 1960. The words "(but not above that of pay grade O–7)" are substituted for section 235a (proviso) of existing title 37.

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

(a) When the accounts of the disbursing officer of a naval vessel are lost as a result of the destruction of the vessel, his return for the last month may, unless there is official evidence to the contrary, be used in computing later credits to and settling accounts of persons, other than officers, carried on his accounts. If the return for the last month has not been made, the pay accounts may be settled on principles of equity and justice.

(b) When a naval vessel is lost or has not been heard from for so long that her loss may be presumed, the Secretary of the Navy may fix the date of loss of the vessel for the purpose of settling the accounts of persons aboard other than officers.

(c) When the crew of a naval vessel is separated from that vessel because of her wreck, loss, or destruction, the pay and emoluments of those officers and enlisted members that the Secretary considers (because of the sentence of a court-martial or the finding of a court of inquiry, or by other satisfactory evidence) to have done their utmost to save the vessel and, after the wreck, loss, or destruction, to have behaved themselves according to the discipline of the Navy, continue and shall be paid to them until their discharge or death, whichever is earlier.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486; Pub. L. 104–316, title I, §118, Oct. 19, 1996, 110 Stat. 3836.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
902(a)

902(b)

902(c)

10:6144.

10:6145.

37:243.

[None.]

[None.]

R.S. 1574.

In subsections (a) and (c), the words "naval vessel" are substituted for the words "any vessel of the United States", in section 243 of existing title 37, and the words "vessel in the employ of the United States", in section 6144 of title 10, for clarity and to conform to subsection (b).

In subsection (c), the word "continues" is substituted for the words "go on". The words "whichever is earlier" are inserted for clarity. The words "or the findings of a" are inserted since a court of inquiry cannot impose a sentence.


Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–316 substituted "the Secretary of the Navy may" for "the General Accounting Office, under the direction of the Secretary of the Navy, may".

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

A retired member or former member of a uniformed service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve, who is serving on active duty is entitled to the pay and allowances to which he is entitled, under this title, for the grade, rank, or rating in which he is serving. In addition, while on active duty, he is entitled to the pay and allowances, while on leave of absence or while sick, of a member of a uniformed service of similar grade, rank, or rating who is entitled to basic pay.

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

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
903 37:314. Oct. 12, 1949, ch. 681, §514, 63 Stat. 831.

The word "rating" is inserted for clarity. The words "is entitled to" are substituted for the words "shall . . . be entitled to receive and have the same . . . rights". The last 41 words of section 314 of existing title 37 are omitted, since the sections mentioned therein were repealed by section 53(b) of the Act of August 10, 1956, ch. 1041 (70A Stat. 646). The subject of death benefits and entitlement thereto is now covered by chapter 75 of title 10.

[§904. Repealed. Pub. L. 96–513, title IV, §403(a), Dec. 12, 1980, 94 Stat. 2904]

Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 487; Pub. L. 90–130, §3(2), Nov. 8, 1967, 81 Stat. 383; Pub. L. 90–623, §3(8), Oct. 22, 1968, 82 Stat. 1315, set forth provisions relating to effective date of beginning of pay and allowances of officers of Navy or Marine Corps promoted under chapter 545 of Title 10, Armed Forces.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Sept. 15, 1981, but with authority to prescribe regulations under the amendment by section 403(a) of Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces.

§905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances

(a) A reserve officer who is promoted under chapter 1405 of title 10 to a grade above lieutenant (junior grade) in the Navy Reserve or above first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he becomes eligible for promotion to that grade.

(b) A reserve officer who is promoted under section 14308(b) of title 10 to the grade of lieutenant (junior grade) in the Navy Reserve or first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the higher grade for duty performed from the date given him as his date of rank.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 488; Pub. L. 95–377, §9, Sept. 19, 1978, 92 Stat. 721; Pub. L. 96–513, title IV, §403(b), Dec. 12, 1980, 94 Stat. 2904; Pub. L. 103–337, div. A, title XVI, §1676(b)(3), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 109–163, div. A, title V, §515(d)(1)(F), Jan. 6, 2006, 119 Stat. 3236.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
905(a) 10:6141. [None.]
905(b) 10:5907. [None.]
905(c) 10:5908(a) (last sentence). [None.]
905(d) 10:5788(c). [None.]
905(e) 10:5787b(c). [None.]
905(f) 10:5505(c). [None.]
905(g) 10:5597(h) (last sentence). [None.]
  10:5597(i) (last 21 words). [None.]
905(h) 10:5787(g) (last 21 words). [None.]
  10:5787(h) (last sentence). [None.]

Editorial Notes

Amendments

2006Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve" in two places.

1994—Subsec. (a). Pub. L. 103–337, §1676(b)(3)(A), substituted "chapter 1405" for "chapter 549".

Subsec. (b). Pub. L. 103–337, §1676(b)(3)(B), substituted "section 14308(b)" for "section 5908".

1980Pub. L. 96–513 substituted "Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances" for "Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances" in section catchline, and generally revised and restructured section, and as part of such restructuring struck out former subsec. (a), redesignated former subsecs. (b) and (c) as subsecs. (a) and (b), respectively, and, in subsec. (a) as so redesignated, struck out second sentence which related to establishment of an officer's professional and moral qualifications, and struck out former subsecs. (d) to (h).

1978—Subsec. (h). Pub. L. 95–377 inserted reference to section 5787d.


Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513, and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces.

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

A member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, who extends his enlistment under section 509 of title 10 is entitled to the same pay and allowances as though he had reenlisted. For the purposes of determining entitlement to reenlistment bonus or to travel and transportation allowances upon discharge, all such extensions of an enlistment are considered one continuous extension.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 90–235, §2(c), Jan. 2, 1968, 81 Stat. 757; Pub. L. 116–283, div. A, title IX, §925(j), Jan. 1, 2021, 134 Stat. 3829.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
906(a) 10:3263(b). [None.]
  10:8263(b). [None.]
906(b) 10:5539(b). [None.]

In subsection (a), the words "who extends his enlistment" are substituted for the words "While serving under an enlistment extended". The words "same pay and allowances as though he had reenlisted" are substituted for the last 31 words of section 3263(b) of title 10 and the last 31 words of section 8263(b) of title 10.


Editorial Notes

Amendments

2021Pub. L. 116–283 inserted "Space Force," after "Marine Corps,".

1968Pub. L. 90–235 struck out provisions formerly set out as subsec. (a) which provided that a member of the Army or Air Force who had extended his enlistment was entitled to the same pay as though he had reenlisted, redesignated as entire section provisions formerly set out as subsec. (b) and substituted "Army, Navy, Air Force, Marine Corps, or Coast Guard" for "Regular Navy or the Regular Marine Corps" and "section 509 of title 10" for "section 5539 of title 10".


Statutory Notes and Related Subsidiaries

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.

§907. Enlisted members and warrant officers appointed as officers: pay and allowances stabilized

(a) An enlisted member who accepts an appointment as an officer shall, for service as an officer, be paid the greater of—

(1) the pay and allowances to which the officer is entitled as an officer; or

(2) the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer.


(b) A warrant officer who accepts an appointment as a commissioned officer in a pay grade above W–4 shall, for service as such a commissioned officer, be paid the greater of—

(1) the pay and allowances to which the officer is entitled as such a commissioned officer;

(2) the pay and allowances to which the officer would be entitled if the officer were in the last warrant officer grade the officer held before the appointment as such a commissioned officer; or

(3) in the case of an officer who was formerly an enlisted member, the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer.


(c) For the purposes of this section—

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

(A) subject to subsection (d), special and incentive pays under chapter 5 of this title; and

(B) subject to subsection (e), allowances under chapter 7 of this title; and


(2) the rates of pay and allowances of a grade which an officer formerly held are those to which the officer would have been entitled had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title.


(d)(1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade:

(A) Incentive pay for hazardous duty under section 301 or 351 of this title.

(B) Submarine duty incentive pay under section 301c or 352 of this title.

(C) Special pay for diving duty under section 304 or 353(a) of this title.

(D) Hardship duty pay under section 305 or 352 of this title.

(E) Career sea pay under section 305a or 352 of this title.

(F) Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section 305b or 352 of this title.

(G) Assignment incentive pay under section 307a or 352 of this title.

(H) Special pay for duty subject to hostile fire or imminent danger under section 310 or 351 of this title.

(I) Special pay or bonus for an extension of duty at a designated overseas location under section 314 or 352 of this title.

(J) Foreign language proficiency pay under section 353(b) of this title.

(K) Critical skill retention bonus under section section 1 355 of this title.


(2) The following special and incentive pays are dependent on a member being in an enlisted status and may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer:

(A) Special duty assignment pay under section 307 or 352 of this title.

(B) Reenlistment bonus under section 331 of this title.

(C) Enlistment bonus under section 331 of this title.

(D) Career enlisted flyer incentive pay under section 320 or 353 of this title.


(e) The clothing allowance under section 418 of this title may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer if the officer is entitled to a uniform allowance under section 415 of this title.

(Added Pub. L. 91–484, §1(1), Oct. 21, 1970, 84 Stat. 1083; amended Pub. L. 96–343, §6(a)(1), Sept. 8, 1980, 94 Stat. 1126; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105–85, div. A, title VI, §619(d), Nov. 18, 1997, 111 Stat. 1790; Pub. L. 105–261, div. A, title VI, §617(b), Oct. 17, 1998, 112 Stat. 2041; Pub. L. 109–163, div. A, title VI, §686(a), (b), Jan. 6, 2006, 119 Stat. 3325, 3326; Pub. L. 114–328, div. A, title VI, §618(h)(4), Dec. 23, 2016, 130 Stat. 2161; Pub. L. 115–91, div. A, title VI, §618(h), Dec. 12, 2017, 131 Stat. 1427.)


Editorial Notes

Amendments

2017—Subsec. (d)(1)(A). Pub. L. 115–91, §618(h)(1)(A), inserted "or 351" after "section 301".

Subsec. (d)(1)(B). Pub. L. 115–91, §618(h)(1)(B), inserted "or 352" after "section 301c".

Subsec. (d)(1)(C). Pub. L. 115–91, §618(h)(1)(C), inserted "or 353(a)" after "section 304".

Subsec. (d)(1)(D). Pub. L. 115–91, §618(h)(1)(D), inserted "or 352" after "section 305".

Subsec. (d)(1)(E). Pub. L. 115–91, §618(h)(1)(E), inserted "or 352" after "section 305a".

Subsec. (d)(1)(F). Pub. L. 115–91, §618(h)(1)(F), inserted "or 352" after "section 305b".

Subsec. (d)(1)(G). Pub. L. 115–91, §618(h)(1)(G), inserted "or 352" after "section 307a".

Subsec. (d)(1)(I). Pub. L. 115–91, §618(h)(1)(H), inserted "or 352" after "section 314".

Subsec. (d)(1)(J). Pub. L. 115–91, §618(h)(1)(I), substituted "353(b)" for "316".

Subsec. (d)(1)(K). Pub. L. 115–91, §618(h)(1)(J), substituted "section 355" for "323".

Subsec. (d)(2)(A). Pub. L. 115–91, §618(h)(2)(A), inserted "or 352" after "section 307".

Subsec. (d)(2)(B). Pub. L. 115–91, §618(h)(2)(B), substituted "331" for "308".

Subsec. (d)(2)(C). Pub. L. 115–91, §618(h)(2)(C), substituted "331" for "309".

Subsec. (d)(2)(D). Pub. L. 115–91, §618(h)(2)(D), inserted "or 353" after "section 320".

2016—Subsec. (d)(1)(H). Pub. L. 114–328 inserted "or 351" after "section 310".

2006—Subsecs. (a), (b). Pub. L. 109–163, §686(b)(1), substituted "the officer" for "he" wherever appearing and "the appointment" for "his appointment" wherever appearing.

Subsec. (c)(2). Pub. L. 109–163, §686(b)(2), substituted "the officer remained" for "he remained".

Subsec. (d). Pub. L. 109–163, §686(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "In determining the amount of the pay and allowances of a grade formerly held by an officer, incentive pay for hazardous duty under section 301 of this title, special pay for diving duty under section 304 of this title, for hardship duty under section 305 of this title, and for sea duty under section 305a of this title, and proficiency pay under section 307 of this title may be considered only so long as the officer continues to perform the duty creating the entitlement to or eligibility for that pay and would otherwise be eligible to receive that pay in his former grade."

1998—Subsec. (d). Pub. L. 105–261 substituted "hardship duty" for "duty at a hardship duty location".

1997—Subsec. (d). Pub. L. 105–85 substituted "duty at a hardship duty location" for "duty at certain places".

1991—Subsec. (c)(1). Pub. L. 102–25 struck out "of this section" after "subsection (d)" in subpar. (A) and after "subsection (e)" in subpar. (B).

1980Pub. L. 96–343 substituted "and warrant officers appointed as officers:" for "appointed as officers;" in section catchline, and, in generally revising section, struck out provision for temporary appointment of enlisted members as officers, provided for pay and allowances for warrant officers who accept appointment as commissioned officers, and specified what pay and allowances include and what rates and allowances of a grade which an officer formerly held are for purposes of this section.


Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–163, div. A, title VI, §686(c), Jan. 6, 2006, 119 Stat. 3326, provided that: "Subsection (d) of section 907 of title 37, United States Code, as amended by subsection (a), shall apply with respect to any acceptance by an enlisted member of the Armed Forces of an appointment as an officer made on or after the date of the enactment of this Act [Jan. 6, 2006]."

Effective Date of 1980 Amendment

Pub. L. 96–343, §6(c), Sept. 8, 1980, 94 Stat. 1127, provided that: "The amendments made by this section [amending this section and section 203 of this title] shall be effective with respect to periods for which pay and allowances are payable which begin after August 31, 1980."

1 So in original.

§908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments

(a) Congressional Consent.—Subject to subsections (b) and (c), Congress consents to the following persons accepting civil employment (and compensation for that employment), accepting payment for speeches, travel, meals, lodging, or registration fees, or accepting a non-cash award, for which the consent of Congress is required by the last paragraph of section 9 of article I of the Constitution, related to acceptance of emoluments, offices, or titles from a foreign government:

(1) Retired members of the uniformed services.

(2) Members of a reserve component of the armed forces, except members serving on active duty under a call or order to active duty for a period in excess of 30 days.

(3) Members of the Commissioned Reserve Corps 1 of the Public Health Service.


(b) Approval Required for Employment and Compensation.—A person described in subsection (a) may accept employment or compensation described in that subsection only if the Secretary concerned and the Secretary of State approve the employment.

(c) Approval Required for Certain Payments and Awards.—A person described in subsection (a) may accept payment for speeches, travel, meals, lodging, or registration fees described in that subsection, or accept a non-cash award described in that subsection, only if the Secretary concerned approves the payment or award.

(d) Annual Reports on Approvals for Retired General and Flag Officers.—(1) Not later than January 31 each year, the Secretaries of the military departments, after consulting with the Secretary of State, shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on each approval under subsection (b) for employment or compensation described in subsection (a), and each approval under subsection (c) for a payment or award described in subsection (a), for a retired member of the armed forces in general or flag officer grade that was issued during the preceding year.

(2) The report under paragraph (1) on an approval described in that paragraph with respect to an officer shall set forth the following:

(A) The foreign government providing the employment or compensation or payment or award.

(B) The duties, if any, to be performed in connection with the employment or compensation or payment or award.

(C) The total amount of compensation, if any, or payment to be provided.


(e) Military Service in Foreign Armed Forces.—For a provision of law providing the consent of Congress to service in the military forces of certain foreign nations, see section 1060 of title 10.

(Added Pub. L. 97–295, §3(6)(A), Oct. 12, 1982, 96 Stat. 1304; amended Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–160, div. A, title XIV, §1433(c), Nov. 30, 1993, 107 Stat. 1834; Pub. L. 103–337, div. A, title X, §1070(d)(6), Oct. 5, 1994, 108 Stat. 2858; Pub. L. 116–92, div. A, title VI, §651(a), Dec. 20, 2019, 133 Stat. 1431; Pub. L. 116–283, div. A, title VI, §641(a)–(c)(1), Jan. 1, 2021, 134 Stat. 3683.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
908 37:801 (note). Aug. 17, 1977, Pub. L. 95–105, §509(a)–(c), 91 Stat. 859.

In subsection (a), the words "for which" are substituted for "with respect to which" for clarity.

The text of section 509(c) of the Act of August 17, 1977, is omitted as unnecessary because of the definitions in 37:101.


Editorial Notes

Amendments

2021Pub. L. 116–283, §641(c)(1), amended section catchline generally, substituting "Reserves and retired members: acceptance of employment, payments, and awards from foreign governments" for "Employment of reserves and retired members by foreign governments".

Subsec. (a). Pub. L. 116–283, §641(a)(1)(A), in introductory provisions, substituted "subsections (b) and (c)" for "subsection (b)" and inserted ", accepting payment for speeches, travel, meals, lodging, or registration fees, or accepting a non-cash award," after "that employment)".

Subsec. (a)(2). Pub. L. 116–283, §641(a)(1)(B), substituted "armed forces, except members serving on active duty under a call or order to active duty for a period in excess of 30 days" for "armed forces".

Subsec. (b). Pub. L. 116–283, §641(a)(2), inserted "for Employment and Compensation" after "Approval Required" in heading.

Subsec. (c). Pub. L. 116–283, §641(a)(4), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 116–283, §641(a)(3), (b), redesignated subsec. (c) as (d), designated existing provisions as par. (1), inserted ", and each approval under subsection (c) for a payment or award described in subsection (a)," after "in subsection (a)", and added par. (2). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 116–283, §641(a)(3), redesignated subsec. (d) as (e).

2019—Subsecs. (c), (d). Pub. L. 116–92, §651(a), added subsec. (c) and redesignated former subsec. (c) as (d).

1994—Subsec. (c). Pub. L. 103–337 substituted "1060" for "1058".

1993Pub. L. 103–160 inserted headings in subsecs. (a) and (b) and added subsec. (c).

1991—Subsec. (a). Pub. L. 102–25 struck out "of this section" after "subsection (b)".

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


Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 402(c)(3) of Title 42, The Public Health and Welfare.

Scope of First Report

Pub. L. 116–92, div. A, title VI, §651(b), Dec. 20, 2019, 133 Stat. 1431, provided that: "The first report submitted pursuant to subsection (c) of section 908 of title 37, United States Code (as amended by subsection (a) of this section), after the date of the enactment of this Act [Dec. 20, 2019] shall cover the five-year period ending with the year before the year in which such report is submitted."

1 See Change of Name note below.

§909. Special and incentive pay: payment at unreduced rates during suspension of personnel laws

(a) Authority To Continue Payment at Unreduced Rates.—To ensure fairness and recognize the contributions of members of the armed forces to military essential missions, the Secretary of the military department concerned may authorize members who are involuntarily retained on active duty under section 123 or 12305 of title 10 or any other provision of law and who, immediately before retention on active duty, were entitled or eligible for special pay or incentive pay under chapter 5 of this title, to receive that special pay or incentive pay for qualifying service performed during the retention period, without a reduction in the payment rate below the rate the members received immediately before retention on active duty, notwithstanding any requirement otherwise applicable to that special pay or incentive pay that would reduce the payment rate by reason of the years of service of the members.

(b) Suspension During Time of War.—Subsection (a) does not apply with respect to a special pay or incentive pay under chapter 5 of this title, whenever the authority to provide that special pay or incentive pay is suspended by the President or the Secretary of Defense during a time of war.

(c) Qualifying Service Defined.—In this section, the term "qualifying service" means service for which a particular special pay or incentive pay is payable under the authority of a provision of chapter 5 of this title.

(Added Pub. L. 107–107, div. A, title VI, §623(a)(1), Dec. 28, 2001, 115 Stat. 1142.)


Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–107, div. A, title VI, §623(b), Dec. 28, 2001, 115 Stat. 1143, provided that: "Section 909 of title 37, United States Code, as added by subsection (a)(1), shall apply with respect to pay periods beginning after September 11, 2001."

§910. Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service

(a) Payment Required.—The Secretary concerned shall pay to an eligible member of a reserve component of the armed forces an amount equal to the monthly active-duty income differential of the member, as determined by the Secretary, when the total monthly military compensation of the member is less than the average monthly civilian income of the member. The payments shall be made on a monthly basis.

(b) Eligibility.—(1) A member of a reserve component is entitled to a payment under this section for any full month of active duty of the member, when the total monthly military compensation of the member is less than the average monthly civilian income of the member, while the member is on active duty under an involuntary mobilization order, following the date on which the member—

(A) completes 547 continuous days of service on active duty under an involuntary mobilization order;

(B) completes 730 cumulative days on active duty under an involuntary mobilization order during the previous 1,826 days; or

(C) is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days after the date of the member's separation from a previous period of active duty for a period of 180 days or more.


(2) The entitlement of a member of a reserve component to a payment under this section also shall commence or, if previously commenced under paragraph (1), shall continue if the member—

(A) satisfies the required number of days on active duty specified in subparagraph (A) or (B) of paragraph (1) or was involuntarily mobilized as provided in subparagraph (C) of such paragraph; and

(B) is retained on active duty under subparagraph (A) or (B) of section 12301(h)(1) of title 10 because of an injury or illness incurred or aggravated while the member was assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available.


(3) A civilian employee of the Federal Government who is also a member of a reserve component is not entitled to a payment under this section for any period for which the employee is entitled to—

(A) a differential payment under section 5538 of title 5; or

(B) a comparable benefit under an administratively established program for civilian employees absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services.


(c) Minimum and Maximum Payment Amounts.—(1) A payment under this section shall be made to a member for a month only if the amount of the monthly active-duty income differential for the month is greater than $50.

(2) Notwithstanding the amount determined under subsection (d) for a member for a month, the monthly payment to a member under this section may not exceed $3,000.

(d) Monthly Active-Duty Income Differential.—For purposes of this section, the monthly active-duty income differential of a member is the difference between—

(1) the average monthly civilian income of the member; and

(2) the member's total monthly military compensation.


(e) Definitions.—In this section:

(1) The term "average monthly civilian income", with respect to a member of a reserve component, means the amount, determined by the Secretary concerned, of the earned income of the member for either the 12 months preceding the member's mobilization or the 12 months covered by the member's most recent Federal income tax filing, divided by 12.

(2) The term "total monthly military compensation" means the amount, computed on a monthly basis, of the sum of—

(A) the amount of the regular military compensation (RMC) of the member; and

(B) any amount of special pay or incentive pay and any allowance (other than an allowance included in regular military compensation) that is paid to the member on a monthly basis.


(f) Regulations.—This section shall be administered under regulations to be prescribed by the Secretary of Defense.

(g) Termination.—No payment shall be made to a member under this section for months beginning after December 31, 2021, unless the entitlement of the member to payments under this section commenced on or before that date.

(Added Pub. L. 109–163, div. A, title VI, §614(a), Jan. 6, 2006, 119 Stat. 3292; amended Pub. L. 110–181, div. A, title VI, §604, Jan. 28, 2008, 122 Stat. 145; Pub. L. 110–417, [div. A], title VI, §605, Oct. 14, 2008, 122 Stat. 4483; Pub. L. 111–84, div. A, title VI, §611(7), Oct. 28, 2009, 123 Stat. 2352; Pub. L. 111–383, div. A, title VI, §§601(a), 611(7), Jan. 7, 2011, 124 Stat. 4235, 4236; Pub. L. 112–81, div. A, title VI, §611(7), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, §611(8), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, §611(8), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, §611(8), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 114–92, div. A, title VI, §611(8), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §§611(8), 618(h)(5), Dec. 23, 2016, 130 Stat. 2157, 2161; Pub. L. 115–91, div. A, title VI, §611(8), Dec. 12, 2017, 131 Stat. 1421; Pub. L. 115–232, div. A, title VI, §611(a), Aug. 13, 2018, 132 Stat. 1796; Pub. L. 116–92, div. A, title VI, §611(a), Dec. 20, 2019, 133 Stat. 1425; Pub. L. 116–283, div. A, title VI, §611(a), Jan. 1, 2021, 134 Stat. 3673.)


Editorial Notes

Amendments

2021—Subsec. (g). Pub. L. 116–283 substituted "December 31, 2021" for "December 31, 2020".

2019—Subsec. (g). Pub. L. 116–92 substituted "December 31, 2020" for "December 31, 2019".

2018—Subsec. (g). Pub. L. 115–232 substituted "December 31, 2019" for "December 31, 2018".

2017—Subsec. (g). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016—Subsec. (b)(2)(B). Pub. L. 114–328, §618(h)(5), inserted ", or paragraph (1) or (3) of section 351(a)," after "section 310".

Subsec. (g). Pub. L. 114–328, §611(8), substituted "December 31, 2017" for "December 31, 2016".

2015—Subsec. (g). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014—Subsec. (g). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013—Subsec. (g). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011—Subsec. (b)(3). Pub. L. 111–383, §601(a), added par. (3).

Subsec. (g). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383, §611(7), substituted "December 31, 2011" for "December 31, 2010".

2009—Subsec. (g). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008—Subsec. (a). Pub. L. 110–181, §604(a), inserted before period at end of first sentence ", when the total monthly military compensation of the member is less than the average monthly civilian income of the member".

Subsec. (b). Pub. L. 110–181, §604(b), amended subsec. (b) generally. Prior to amendment, text read as follows: "Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member, while on active duty under an involuntary mobilization order, following the date on which the member—

"(1) completes 18 continuous months of service on active duty under such an order;

"(2) completes 24 months on active duty during the previous 60 months under such an order; or

"(3) is involuntarily mobilized for service on active duty for a period of 180 days or more within six months or less following the member's separation from a previous period of involuntary active duty for a period of 180 days or more."

Subsec. (g). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181, §604(c), amended subsec. (g) generally. Prior to amendment, text read as follows: "No payment shall be made under this section after December 31, 2008."


Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–383, div. A, title VI, §601(b), Jan. 7, 2011, 124 Stat. 4235, provided that: "Subsection (b)(3) of section 910 of title 37, United States Code, as added by subsection (a), shall apply with respect to payments under such section for months beginning on or after the date of the enactment of this Act [Jan. 7, 2011]."

Effective Date

Pub. L. 109–163, div. A, title VI, §614(c), Jan. 6, 2006, 119 Stat. 3293, provided that: "Section 910 of title 37, United States Code, as added by subsection (a), may apply only with respect to months beginning after the end of the 180-day period beginning on the date of the enactment of this Act [Jan. 6, 2006]."