TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in title 2 section 906; title 10 sections 2005, 2126, 12319; title 31 section 3702; title 42 sections 204, 2651; title 50 section 403e.

716; title 33 section 857-1; title 38 section 5301; title 42 sections 292d, 659, 665.

CHAPTER 3-BASIC PAY

CHAPTER 1-DEFINITIONS

§ 101. Definitions

In addition to the definitions in sections 1-5 of title 1, the following definitions apply in this title:

[See main edition for text of (1)]

(2) The term "possessions" includes Guam, American Samoa, and the guano islands.

[See main edition for text of (3) to (24)] (25) The term "regular compensation" or "regular military compensation (RMC)" means the total of the following elements that a member of a uniformed service accrues or receives, directly or indirectly, in cash or in kind every payday: basic pay, basic allowance for housing, basic allowance for subsistence; and Federal tax advantage accruing to the aforementioned allowances because they are not subject to Federal income tax.

[See main edition for text of (26)]

(As amended Pub. L. 105-85, div. A, title VI, § 603(d)(1)(A), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 105-261, div. A, title VI, §651, Oct. 17, 1998, 112 Stat. 2051.)

REFERENCES IN TEXT

For definition of Canal Zone, referred to in pars. (7) and (9), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

AMENDMENTS

1998 Par. (2). Pub. L. 105-261 struck out "the Canal Zone," after "includes".

1997-Par. (25). Pub. L. 105-85 substituted "basic allowance for housing" for "basic allowance for quarters (including any variable housing allowance or station housing allowance)".

EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105-85, set out as a note under section 5561 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 906; title 5 sections 3326, 3501, 5531, 6323; title 10 sections 1032, 2774; title 20 sections 7703, 7706; title 22 section 4833; title 26 section 6013; title 31 section 3702; title 32 section

Page 539

Sec.

210.

211.

Pay of senior enlisted members during termi-
nal leave and while hospitalized.
Participation in Thrift Savings Plan.
AMENDMENTS

1999-Pub. L. 106-65, div. A, title VI, §661(a)(1)(B), Oct. 5, 1999, 113 Stat. 670, added item 211.

1996-Pub. L. 104-201, div. A, title VI, §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.

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

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 1602; title 10 section 571; title 18 section 207.

§ 203. Rates

(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 0-7 through 0-10 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.

[See main edition for text of (b)]

(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 rate of $600.00.

[See main edition for text of (d) and (e)]

(As amended Pub. L. 104-201, div. A, title VI, § 602, Sept. 23, 1996, 110 Stat. 2540; Pub. L. 105-261, div. A, title VI, §602(a), Oct. 17, 1998, 112 Stat.

65-105 O-00-19: Q13

2037; Pub. L. 106-65, div. A, title VI, §601(d), Oct. 5, 1999, 113 Stat. 648.)

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.

AMENDMENTS

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."

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title VI, §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, § 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."

ADJUSTMENT OF PAY RATES

Monthly pay rates under subsec. (c) were adjusted by the following Executive orders:

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.

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. 8204. Entitlement

[See main edition for text of (a) to (f)] (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 inactiveduty 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; or

(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, if the site is outside reasonable commuting distance from the member's residence.

[See main edition for text of (2)]

(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 inactiveduty 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; or

(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, if the site is outside reasonable commuting distance from the member's residence.

[See main edition for text of (2); (i) and (j)] (As amended Pub. L. 104-106, div. A, title VII, §702(c), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105-85, div. A, title V, §513(f), Nov. 18, 1997, 111 Stat. 1732.)

AMENDMENTS

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, §702(c)(1), added subpar. (D).

Subsec. (h)(1)(D). Pub. L. 104-106, §702(c)(2), added subpar. (D).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 206, 301, 301a, 304, 316, 320, 402, 411h, 421, 707 of this title; title 5 sections 4102, 8334, 8422, 8440e; title 22 section 4045; title 50 section 2082.

§ 205. Computation: service creditable

[See main edition for text of (a) to (c)]

(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.

[See main edition for text of (e)]

(f) Notwithstanding subsection (a), the periods of service of a commissioned officer appointed under section 12209 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 a 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.

(As amended Pub. L. 104-201, div. A, title V, §507(b), Sept. 23, 1996, 110 Stat. 2512; Pub. L. 105-85, div. A, title X, §1073(b), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 106-65, div. A, title V, §551(c), Oct. 5, 1999, 113 Stat. 614.)

AMENDMENTS

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".

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.

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.

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

(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 30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay

[See main edition for text of (1) and (2)]

(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, if the site is outside reasonable commuting distance from the member's residence.

[See main edition for text of (b) to (e)]

(As amended Pub. L. 104-106, div. A, title VII, § 702(d), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105-85, div. A, title V, §513(g), Nov. 18, 1997, 111 Stat. 1732.)

AMENDMENTS

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).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 204, 301, 301a, 301c, 304, 308d, 316, 320, 402, 433, 707, 1012 of this title; title 5 section 8440e; title 10 sections 101, 1076a, 1465, 1466. 12319; title 26 section 3121; title 31 section 698a; title 32 section 715; title 38 section 101; title 42 section 409.

§ 209. Members of precommissioning programs

(a) 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 subsistence allowance of $200 a month 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. 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)).

[See main edition for text of (b) to (d)] (As amended Pub. L. 106-65, div. A, title V, § 546(a), Oct. 5, 1999, 113 Stat. 608.)

AMENDMENTS

1999 Subsec. (a). Pub. L. 106-65 substituted "$200 a month" for "$150 a month".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title V. §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."

$210. Pay of senior enlisted members during terminal leave and while hospitalized

[See main edition for text of (a)]

(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.

(As amended Pub. L. 104-201, div. A, title VI, § 603(a), (b)(1), Sept. 23, 1996, 110 Stat. 2540.)

AMENDMENTS

1996-Pub. L. 104-201, §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, § 603(a), added subsec. (b) and redesignated former subsec. (b) as (c).

§211. Participation in Thrift Savings Plan

(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.

(Added and amended Pub. L. 106-65, div. A, title VI, §§ 661(a)(1)(A), 662, Oct. 5, 1999, 113 Stat. 670, 672.)

AMENDMENTS

. 1999 Subsec. (d). Pub. L. 106-65, § 662, added subsec. (d).

EFFECTIVE DATE

Section and amendment by Pub. L. 106-65 effective only if the President proposes in the 2001 fiscal year budget and there is enacted in the second session of the One Hundred Sixth Congress qualifying offsetting legislation, and authority of members (as defined in this section) to participate in the Thrift Savings Plan under this section effective on the date on which such qualifying offsetting legislation is enacted or 1 year after Oct. 5, 1999, whichever is later, with provision for postponement of authority of members of the Ready Reserve to so participate in the Thrift Savings Plan, see section 663 of Pub. L. 106-65, set out as a note under section 8440e of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 8432b, 8440e.