title 37—pay and allowances of the uniformed services

258 Pages·2012·1.4 MB·English

TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
This title was enacted by Pub. L. 87–649, §1, Sept. 7, 1962, 76 Stat. 451
Chap. Sec. TABLESHOWINGDISPOSITIONOFALLSECTIONSOF
1. Definitions ............................................ 101 FORMERTITLE37—Continued
3. Basic Pay ............................................... 201
5. Special and Incentive Pays .............. 301 Title37 Title37
FormerSections NewSections
7. Allowances Other Than Travel and
Transportation Allowances ........... 401 112d–112i.................................. Rep.
113, 114 .................................... Rep.
8. Travel and Transportation Allow- 115........................................... Elim.
ances ................................................... 451 115a to 117a–1 .......................... Rep.
117b, 118 .................................. Rep.
9. Leave ...................................................... 501 118a......................................... Elim.
10. Payments to Missing Persons .......... 551 118a-1 ...................................... 301
118b–120................................... Rep.
11. Payments to Mentally Incompetent 201–208a................................... Rep.
Persons ............................................... 601 209–221..................................... Rep.
231(g)....................................... 401, 420
13. Allotments and Assignments of Pay 701 231 (less (g)) ............................ 101
15. Prohibitions and Penalties ............... 801 232(a)....................................... 203
232(c) (last sent.)..................... T. 10 §517
17. Miscellaneous Rights and Benefits 901 232(d)....................................... 204
19. Administration..................................... 1001 232 (less (a), last sent. of (c), 201
(d)).
233 (less proviso of (d))............ 205
AMENDMENTS 233(d) (proviso)........................ Elim.
234........................................... 302, 303
2011—Pub. L. 112–81, div. A, title VI, §631(f)(2), Dec. 31, 234a......................................... Rep.
2011, 125 Stat. 1464, substituted ‘‘Allowances Other Than 234b......................................... Elim.
Travel and Transportation Allowances’’ for ‘‘Allow- 235........................................... 301
235a......................................... 901
ances’’ in item for chapter 7 and added item for chapter 236........................................... 304
8. 237........................................... 305
1966—Pub. L. 89–554, §5(a), Sept. 6, 1966, 80 Stat. 625, 238........................................... Elim.
239........................................... 308
added item for chapter 10. 240........................................... 307
241........................................... 306
TABLESHOWINGDISPOSITIONOFALLSECTIONSOF 242........................................... Rep.
FORMERTITLE37 224434...................................................................................... 9R0e2p .
251, 251a .................................. 402
Title37 Title37 252(a)–(f) ................................. 403
FormerSections NewSections 252 (less (a)–(f)) ....................... Rep. See T. 50 App. §§2201–2204
253(a)....................................... 404
1–3........................................... Rep. 253(b)....................................... 405
3a............................................ Elim. 253(c)....................................... 406, 407, 409, 411
4–4b......................................... Rep. 253(d)....................................... 404
4c ............................................ T. 10 §§3682, 8682 253(e)....................................... 410
4c–1 ......................................... T. 10 §6116 253(f)–(h) ................................. 411
5–8a......................................... Rep. 253a......................................... Rep.
9, 9a ........................................ Rep. 254........................................... 414
10, 10a ..................................... Rep. 255........................................... 415–417
11–13a...................................... Rep. 256........................................... 415
14, 14a ..................................... Rep. 256a......................................... 419
15–16a...................................... Rep. 257........................................... 414
17, 17a ..................................... Rep. 271........................................... T. 10 §§1204, 1362; T. 33 §857a; T.
18, 18a ..................................... Rep. 42 §213a
19, 19a ..................................... Rep. 272(a), (b) ................................ T. 10 §§1201–1203; T. 33 §857a; T.
20, 20a ..................................... Rep. 42 §213a
21, 21a ..................................... Rep. 272(c)....................................... T. 10 §§1204–1206; T. 33 §857a; T.
22–26a...................................... Rep. 42 §213a
27–29b...................................... Rep. 272(d)....................................... T. 10 §§1210, 1372, 1373, 1401, 1402;
30, 31 ....................................... Rep. T. 33 §857a; T. 42 §213a
31a (less proviso of (b)) ........... T. 10 §§701–704 272(e)....................................... T. 10 §§1210, 1401; T. 33 §857a; T.
31a(b) (proviso) ....................... 501 42 §213a
32(b), (d), (e), (g), (h) ............... 501 272(f) ....................................... T. 10 §§1201, 1204, 1210; T. 33
32(c) ........................................ Rep. §857a; T. 42 §213a
32(f)......................................... 101, 502; T. 10 §§702–704 272(g)....................................... T. 10 §1209; T. 33 §857a; T. 42
32 (less (b)–(e), (g), (h))............ 101 §213a
33(a) ........................................ Rep. 272(h) ...................................... T. 10 §1403; T. 33 §857a; T. 42
33(b) ........................................ 502, 503 §213a
33(c), (d).................................. 501 272(i) ....................................... T. 10 §1215; T. 33 § 857a; T. 42
33(e) ........................................ T. 10 §704 §213a
33a–37...................................... Rep. 273........................................... T. 10 §1212; T. 33 §857a; T. 42
38 ............................................ 504; T. 10 §702 §213a
39 ............................................ 501–503. Rep. in part. See T. 33 274........................................... T. 10 §1210; T. 33 §857a; T. 42
§857a §213a
101–101b................................... Rep. 275–277..................................... T. 10 §1211; T. 33 §857a; T. 42
102–103b................................... Rep. §213a
104–111..................................... Rep. 278........................................... T. 10 §1207; T. 33 §857a; T. 42
111a......................................... 403 §213a
111b......................................... Elim. 279........................................... T. 10 §§1372, 1373; T. 33 §857a; T.
112........................................... Rep. 42 §213a
112a......................................... Elim. 280........................................... T. 10 §1213; T. 33 §857a; T. 42
112b......................................... Rep. §213a
112c ......................................... T. 10 §7477 281........................................... Rep.
Page 1
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED Page 2
SERVICES
TABLESHOWINGDISPOSITIONOFALLSECTIONSOF TABLESHOWINGDISPOSITIONOFALLSECTIONSOF
FORMERTITLE37—Continued FORMERTITLE37—Continued
Title37 Title37 Title37 Title37
FormerSections NewSections FormerSections NewSections
282........................................... T. 10 §1208. Rep. in part. See T. 421(d)....................................... T. 10 §1085
10 §1208 nt.; T. 42 §212(g) 421 (less (c), (d)) ...................... T. 10 §1074
283........................................... T. 10 §1214, 1216; T. 33 §857a; T. 422........................................... T. 10 §1075
42 §213a 423........................................... T. 10 §1083
284........................................... T. 10 §1216; T. 33 §857a; T. 42
285........................................... Re§p2.1 3a ENACTING CLAUSE
301(a)....................................... 206, 402 Pub. L. 87–649, §1, Sept. 7, 1962, 76 Stat. 451, provided
301(b)....................................... 206, 1002
301(c)....................................... 309 in part: ‘‘That the laws relating to pay and allowances
301(d)....................................... 301 of the uniformed services of the United States are re-
301(e)....................................... 206, 301, 309, 402, 1002 vised, codified, and enacted as title 37 of the United
301(f) ....................................... Rep.
302........................................... T. 33 §853o–1 States Code, entitled ‘Pay and Allowances of the Uni-
303........................................... 423 formed Services’.’’
304........................................... 201, 421
305........................................... 418 EFFECTIVE DATE
306........................................... T. 10 §6153; T. 14 §510
307........................................... Elim. Pub. L. 87–649, §15, Sept. 7, 1962, 76 Stat. 502, provided
308........................................... 201, 422 in part that: ‘‘This Act shall take effect on November
308a......................................... 204
309........................................... 1003 1, 1962.’’
310........................................... 1004
310a......................................... Rep. INCONSISTENT PROVISIONS
310b......................................... 1005 Pub. L. 87–649, §15, Sept. 7, 1962, 76 Stat. 502, provided
310c, 310c–1.............................. 1006
310d......................................... 1006 in part that: ‘‘Laws enacted after January 9, 1962, that
311........................................... Elim. See T. 10 §568 nt. are inconsistent with this Act shall supersede it to the
312........................................... Rep. extent of the inconsistency.’’
313........................................... Elim.
331145...................................................................................... 9R0e3p . SAVINGS AND SEVERABILITY PROVISIONS
316........................................... T. 10 §1402; T. 33 §857a; T. 42 Pub. L. 87–649, §12, Sept. 7, 1962, 76 Stat. 497, provided
§213a
317........................................... Elim. that:
318, 319 .................................... Rep. ‘‘(a) In sections 1–11 of this Act, it is the legislative
320........................................... 403 purpose to restate, without substantive change, the law
321........................................... Rep. replaced by those sections on the effective date of this
321a......................................... Elim.
322, 322a .................................. Rep. Act [Nov. 1, 1962]. However, laws effective after Janu-
323........................................... 801 ary 9, 1962, that are inconsistent with this Act, shall be
324........................................... 1001 considered as superseding it to the extent of the incon-
351........................................... 601
352........................................... 602 sistency.
353........................................... 602, 603 ‘‘(b) References that other laws, regulations, and or-
354........................................... 604 ders make to the replaced law shall be considered to be
361–363..................................... T. 10 §2771; T. 32 §714; T. 33
§857a; T. 42 §213a made to the corresponding provisions of sections 1–11 of
364, 365 .................................... T. 10 §2771; T. 32 §714; T. 33 this Act.
§857a; T. 42 §213a. Rep. in ‘‘(c) Actions taken under the replaced law shall be
part. See T. 10 §2771 nt. considered to have been taken under the corresponding
371(e), (f) ................................. T. 10 §1435; T. 33 §857a; T. 42
§213a provisions of sections 1–11 of this Act.
371 (less (e), (f))....................... T. 10 §1431; T. 33 §857a; T. 42 ‘‘(d) If a part of this Act is invalid, all valid parts
§213a that are severable from the invalid part remain in ef-
372(a)....................................... T. 10 §§1431, 1432; T. 33 §857a; T.
42 §213a fect. If a part of this Act is invalid in one or more of
372(b)....................................... T. 10 §1431; T. 33 §857a; T. 42 its applications, the part remains in effect in all valid
§213a applications that are severable from the invalid appli-
372 (less (a), (b)) ...................... T. 10 §1433; T. 33 §857a; T. 42
§213a cations.
372a–372c ................................. Rep. ‘‘(e) The enactment of this Act does not increase or
373(c)....................................... T. 10 §1436; T. 33 §857a; T. 42 decrease the pay or allowances, including retired or re-
§213a
373(d)....................................... T. 10 §1439; T. 33 §857a; T. 42 tainer pay, of any person.’’
§213a
373 (less (c), (d)) ...................... T. 10 §1434; T. 33 §857a; T. 42 RESTATEMENT OF SUSPENDED OR TEMPORARILY
§213a SUPERSEDED PROVISIONS
374........................................... T. 10 §1438; T. 33 §857a; T. 42
§213a Pub. L. 87–649, §13, Sept. 7, 1962, 76 Stat. 498, provided
375........................................... T. 10 §1444; T. 33 §857a; T. 42 that: ‘‘If on the effective date of this Act [Nov. 1, 1962],
§213a a provision of law that is restated in this Act and re-
376........................................... T. 10 §1442; T. 33 §857a; T. 42
§213a pealed by section 14 would have been in a suspended or
377........................................... T. 10 §§1443, 1444; T. 33 §857a; T. temporarily superseded status but for its repeal, the
42 §213a provisions of this Act that restate that provision have
378........................................... T. 10 §1440; T. 33 §857a; T. 42
§213a the same suspended or temporarily superseded status.’’
379........................................... T. 10 §1437; T. 33 §857a; T. 42
§213a REPEALS
380........................................... T. 10 §1441; T. 33 §857a; T. 42
§213a Pub. L. 87–649, §14, Sept. 7, 1962, 76 Stat. 498, repealed
381........................................... Rep. the sections or parts of sections of the Revised Statutes
401........................................... T. 10 §1071 or Statutes at Large covering provisions codified in
402(a)....................................... T. 10 §§1072, 1074, 1076, 1079
402 (less (a)) ............................ T. 10 §1073 this title, ‘‘except with respect to rights and duties
403(a), (b) ................................ T. 10 §1076 that matured, penalties that were incurred, and pro-
403(c)–(e) ................................. T. 10 §1078 ceedings that were begun before the effective date of
403 (less (a)–(e))....................... T. 10 §1077
404........................................... T. 10 §1084 this Act [Nov. 1, 1962] and except as provided in section
405........................................... Rep. 12.’’
411(c)....................................... T. 10 §1080
411 (less (c)) ............................ T. 10 §1079 CHAPTER 1—DEFINITIONS
412........................................... T. 10 §1081
413........................................... T. 10 §1082
414........................................... T. 10 §1079 Sec.
421(c)....................................... T. 10 §1076 101. Definitions.
Page 3 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED §101
SERVICES
Sec. (A) is an air force;
AMENDMENTS (B) is trained, and has its officers ap-
1990—Pub. L. 101–510, div. A, title XIV, §1484(f)(1), pointed, under the sixteenth clause of sec-
Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as tion 8, article I, of the Constitution;
to appear in all capital letters. (C) is organized, armed, and equipped
wholly or partly at Federal expense; and
§101. Definitions
(D) is federally recognized.
In addition to the definitions in sections 1–5 of
(10) The term ‘‘Air National Guard of the
title 1, the following definitions apply in this
United States’’ means the reserve component
title:
of the Air Force all of whose members are
(1)(A) The term ‘‘United States’’, in a geo-
members of the Air National Guard.
graphic sense, means the States and the Dis-
(11) The term ‘‘officer’’ means commissioned
trict of Columbia.
or warrant officer.
(B) The term ‘‘continental United States’’
(12) The term ‘‘commissioned officer’’ in-
means the 48 contiguous States and the Dis-
cludes a commissioned warrant officer.
trict of Columbia.
(2) The term ‘‘possessions’’ includes Guam, (13) The term ‘‘warrant officer’’ means a per-
American Samoa, and the guano islands. son who holds a commission or warrant in a
(3) The term ‘‘uniformed services’’ means warrant officer grade.
the Army, Navy, Air Force, Marine Corps, (14) The term ‘‘enlisted member’’ means a
Coast Guard, National Oceanic and Atmos- person in an enlisted grade.
pheric Administration, and Public Health (15) The term ‘‘grade’’ means a step or de-
Service. gree, in a graduated scale of office or rank,
(4) The term ‘‘armed forces’’ means the that is established and designated as a grade
Army, Navy, Air Force, Marine Corps, and by law or regulation.
Coast Guard. (16) The term ‘‘rank’’ means the order of
(5) The term ‘‘Secretary concerned’’ means— precedence among members of the uniformed
(A) the Secretary of the Army, with re- services.
spect to matters concerning the Army; (17) The term ‘‘rating’’ means the name
(B) the Secretary of the Navy, with respect (such as ‘‘boatswain’s mate’’) prescribed for
to matters concerning the Navy, the Marine members of a uniformed service in an occupa-
Corps, and the Coast Guard when it is oper- tional field; ‘‘rate’’ means the name (such as
ating as a service in the Navy; ‘‘chief boatswain’s mate’’) prescribed for mem-
(C) the Secretary of the Air Force, with re- bers in the same rating or other category who
spect to matters concerning the Air Force; are in the same grade (such as chief petty offi-
(D) the Secretary of Homeland Security, cer or seaman apprentice).
with respect to matters concerning the (18) The term ‘‘active duty’’ means full-time
Coast Guard when it is not operating as a duty in the active service of a uniformed serv-
service in the Navy; ice, and includes full-time training duty, an-
(E) the Secretary of Commerce, with re- nual training duty, full-time National Guard
spect to matters concerning the National duty, and attendance, while in the active serv-
Oceanic and Atmospheric Administration; ice, at a school designated as a service school
and by law or by the Secretary concerned.
(F) the Secretary of Health and Human (19) The term ‘‘active duty for a period of
Services, with respect to matters concerning more than 30 days’’ means active duty under a
the Public Health Service. call or order that does not specify a period of
(6) The term ‘‘National Guard’’ means the 30 days or less.
Army National Guard and the Air National (20) The term ‘‘active service’’ means service
Guard. on active duty.
(7) The term ‘‘Army National Guard’’ means (21) The term ‘‘pay’’ includes basic pay, spe-
that part of the organized militia of the sev- cial pay, retainer pay, incentive pay, retired
eral States, Puerto Rico, Guam, the Canal pay, and equivalent pay, but does not include
Zone, the Virgin Islands, and the District of allowances.
Columbia, active and inactive, that— (22) The term ‘‘inactive-duty training’’
(A) is a land force; means—
(B) is trained, and has its officers ap- (A) duty prescribed for members of a re-
pointed, under the sixteenth clause of sec- serve component by the Secretary concerned
tion 8, article I, of the Constitution; under section 206 of this title or any other
(C) is organized, armed, and equipped law; and
wholly or partly at Federal expense; and (B) special additional duties authorized for
(D) is federally recognized. members of a reserve component by an au-
thority designated by the Secretary con-
(8) The term ‘‘Army National Guard of the
cerned and performed by them on a vol-
United States’’ means the reserve component
untary basis in connection with the pre-
of the Army all of whose members are mem-
scribed training or maintenance activities of
bers of the Army National Guard.
the units to which they are assigned;
(9) The term ‘‘Air National Guard’’ means
that part of the organized militia of the sev- and includes those duties when performed by
eral States, Puerto Rico, Guam, the Canal members of a reserve component in their
Zone, the Virgin Islands, and the District of status as members of the National Guard, but
Columbia, active and inactive, that— (except as provided in section 206(d)(2) of this
§101 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED Page 4
SERVICES
title) does not include work or study in con- HISTORICALANDREVISIONNOTES—Continued
nection with a correspondence course of a uni-
Revised
formed service. section Source (U.S. Code) Source (Statutes at Large)
(23) The term ‘‘member’’ means a person ap-
pointed or enlisted in, or conscripted into, a 101(9) ...... [No source.]
101(10)..... [No source.]
uniformed service. 101(11)..... 37:231(c).
(24) The term ‘‘reserve component’’ means— 101(12)..... 37:231(d).
101(13)..... 37:231(e), (h).
(A) the Army National Guard of the United 101(14)..... [No source.]
States; 101(15)..... [No source.]
101(16)..... [No source.]
(B) the Army Reserve; 101(17)..... [No source.]
(C) the Navy Reserve; 101(18)..... [No source.]
101(19)..... [No source.]
(D) the Marine Corps Reserve; 101(20)..... [No source.]
(E) the Air National Guard of the United 101(21)..... [No source.]
101(22)..... 37:231(i).
States; 101(23)..... 37:231(b).
(F) the Air Force Reserve; 101(24)..... [No source.]
(G) the Coast Guard Reserve; or
The definitions in clauses (1) and (2), (6)–(10), (14)–(21),
(H) the Reserve Corps of the Public Health
and (24) reflect the adoption of terminology which,
Service.
though undefined in the source statutes restated in this
(25) The term ‘‘regular compensation’’ or revised title, represent the closest practicable approxi-
‘‘regular military compensation (RMC)’’ mation of the ways in which the terms defined have
been most commonly used, and so far as possible are
means the total of the following elements that
identical to those used in title 10, United States Code,
a member of a uniformed service accrues or re-
containing most of the basic law relating to the armed
ceives, directly or indirectly, in cash or in forces.
kind every payday: basic pay, basic allowance In clause (3), the words ‘‘and all Regular and Reserve
for housing, basic allowance for subsistence; components thereof’’, in section 231(a) of existing title
and Federal tax advantage accruing to the 37, are omitted as surplusage. Section 231(j) of existing
aforementioned allowances because they are title 37 is omitted as covered by section 1 of title 1.
not subject to Federal income tax. In clause (4), that part of section 32(a) of existing
title 37 relating other than to the enumeration of the
(26) The term ‘‘contingency operation’’ has
armed forces is omitted as unnecessary. Section 231(k)
the meaning given that term in section 101 of
of existing title 37 is omitted, since throughout the re-
title 10. vised title references to members of the Army or Air
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 451; Pub. L. Force without specification of component are specifi-
cally included when necessary.
89–718, §49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub.
In clause (11), the words ‘‘flight officer’’ are omitted
L. 90–623, §3(1), Oct. 22, 1968, 82 Stat. 1314; Pub.
as obsolete. Section 231(c) (last sentence) of existing
L. 92–492, §3, Oct. 13, 1972, 86 Stat. 810; Pub. L. title 37 is omitted as unnecessary.
93–419, §1, Sept. 19, 1974, 88 Stat. 1152; Pub. L. In clause (12), the definition of commissioned officer
96–513, title V, §§506(1), 516(1), Dec. 12, 1980, 94 is broadened and restated to conform to the definition
Stat. 2918, 2937; Pub. L. 96–579, §11, Dec. 23, 1980, in section 101(15) of title 10. Corresponding changes are
94 Stat. 3368; Pub. L. 96–600, §3(b), Dec. 24, 1980, made throughout the revised title to correspond to the
94 Stat. 3494; Pub. L. 98–525, title IV, §414(c), Oct. definition.
Clause (13), which is identical to section 101(16) of
19, 1984, 98 Stat. 2520; Pub. L. 100–26, §8(e)(1), Apr.
title 10, is substituted for section 231(e) of existing title
21, 1987, 101 Stat. 286; Pub. L. 100–456, div. A, title
37. The words ‘‘flight officer’’ are omitted as obsolete.
XII, §1233(f)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. Section 231(h) of existing title 37 is omitted, since the
L. 102–190, div. A, title VI, §631(b), Dec. 5, 1991, defined term is not used in the revised title.
105 Stat. 1380; Pub. L. 102–484, div. A, title X, Clause (22) is substituted for section 231(i) of existing
§1051(b)(2), Oct. 23, 1992, 106 Stat. 2498; Pub. L. title 37.
103–160, div. A, title XI, §1182(c)(1), Nov. 30, 1993, In clause (23), section 231(b) (less 1st sentence) of ex-
isting title 37 is omitted as executed by the express
107 Stat. 1772; Pub. L. 105–85, div. A, title VI,
coverage of members of the Fleet Reserve and Fleet
§603(d)(1)(A), Nov. 18, 1997, 111 Stat. 1782; Pub. L.
Marine Corps Reserve.
105–261, div. A, title VI, §651, Oct. 17, 1998, 112
Stat. 2051; Pub. L. 107–107, div. A, title VI, REFERENCES IN TEXT
§603(b), Dec. 28, 2001, 115 Stat. 1133; Pub. L. For definition of Canal Zone, referred to in pars. (7)
107–296, title XVII, §1704(c), Nov. 25, 2002, 116 and (9), see section 3602(b) of Title 22, Foreign Relations
Stat. 2314; Pub. L. 107–314, div. A, title VI, and Intercourse.
§654(a), Dec. 2, 2002, 116 Stat. 2581; Pub. L. AMENDMENTS
109–163, div. A, title V, §515(d)(1)(A), Jan. 6, 2006,
2006—Par. (24)(C). Pub. L. 109–163 substituted ‘‘Navy
119 Stat. 3235.)
Reserve’’ for ‘‘Naval Reserve’’.
HISTORICALANDREVISIONNOTES 2002—Par. (1). Pub. L. 107–314 designated existing pro-
visions as subpar. (A) and added subpar. (B).
Revised Par. (5)(D). Pub. L. 107–296 substituted ‘‘of Homeland
section Source (U.S. Code) Source (Statutes at Large) Security’’ for ‘‘of Transportation’’.
2001—Par. (22). Pub. L. 107–107 inserted ‘‘(except as
101(1) ...... [No source.] Aug. 9, 1946, ch. 931, §2
101(2) ...... [No source.] (less (b), (c), (d), (e), (f) provided in section 206(d)(2) of this title)’’ after ‘‘but’’
101(3) ...... 37:231(a), (j). (less last 8 words), (g), in concluding provisions.
101(4) ...... 37:32(a). and (h)), 60 Stat. 963. 1998—Par. (2). Pub. L. 105–261 struck out ‘‘the Canal
37:231(k).
101(5) ...... 37:32(f) (less last 8 Oct. 12, 1949, ch. 681, §102 Zone,’’ after ‘‘includes’’.
words). (less (g)), 63 Stat. 804. 1997—Par. (25). Pub. L. 105–85 substituted ‘‘basic al-
37:231(f). lowance for housing’’ for ‘‘basic allowance for quarters
101(6) ...... [No source.]
101(7) ...... [No source.] (including any variable housing allowance or station
101(8) ...... [No source.] housing allowance)’’.
Page 5 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED §101
SERVICES
1993—Par. (26). Pub. L. 103–160 made technical amend- 1968, see section 6 of Pub. L. 90–623, set out as a note
ment to directory language of Pub. L. 102–484. See 1992 under section 5334 of Title 5, Government Organization
Amendment note below. and Employees.
1992—Par. (26). Pub. L. 102–484, as amended by Pub. L.
103–160, substituted ‘‘section 101 of title 10’’ for ‘‘section SHORT TITLE OF 1981 AMENDMENT
101(47) of title 10’’.
Pub. L. 97–60, §1, Oct. 14, 1981, 95 Stat. 989, provided:
1991—Par. (26). Pub. L. 102–190 added par. (26).
1988—Par. (5). Pub. L. 100–456 substituted ‘‘Secretary’’ ‘‘That this Act [enacting sections 308f, 315, 404a, 411c,
for ‘‘secretary’’ in introductory provisions. 411d, and 411e of this title and sections 4341a and 9341a
1987—Pub. L. 100–26, §8(e)(1)(A), substituted ‘‘the fol- of Title 10, Armed Forces, amending sections 203, 301,
lowing definitions apply in this title:’’ for ‘‘for the pur- 301a, 301b, 301c, 304, 305a, 308, 308a, 312b, 404, 405a, 406,
poses of this title—’’. 407, 411, 411b, 415, and 1006 of this title, sections 2107,
Pub. L. 100–26, §8(e)(1)(B), inserted ‘‘The term’’ at be- 2634, 4342, 5031, 5153, 6011, 6953, 6954, 6956, 7572, and 9342
ginning of pars. (1) to (25). of Title 10, and section 460 of the Appendix to Title 50,
Pub. L. 100–26, §8(e)(1)(C), which directed that this War and National Defense, enacting provisions set out
section be amended by revising first word after open as notes under sections 203, 301, 301a, 308, 312, 404, 404a,
quotation marks in each paragraph (other than par. (1) and 1009 of this title and sections 4341a, 6011, and 7572
and (6) through (10)) so that initial letter of such word of Title 10, and amending a provision set out as a note
is lowercase, was executed to par. (5) only because spec- under section 7572 of Title 10] may be cited as the ‘Uni-
ified words in other pars. began with lowercase letters. formed Services Pay Act of 1981’.’’
Pub. L. 100–26, §8(e)(1)(D), (E), which directed a period
be substituted for the semicolon at end of pars. (1) to SHORT TITLE OF 1980 AMENDMENTS
(24) and that ‘‘and’’ be struck out at end of par. (24),
Section 1 of Pub. L. 96–579 provided that: ‘‘This Act
was executed by making the substitution in pars. (1) to
[enacting sections 301c and 314 of this title and section
(23) and by striking ‘‘and’’ at end of par. (23), to reflect
705 of Title 10, Armed Forces, amending this section,
the probable intent of Congress, because par. (24) al-
ready ended in a period and ‘‘and’’ appeared at end of sections 209, 301, 305a, 308, 312, 312b, 312c, and 403 of this
par. (23), not par. (24). title, sections 520, 701, 867, 4355, 6968, and 9355 of Title
1984—Cl. (18). Pub. L. 98–525 inserted ‘‘full-time Na- 10, and section 308(9), (10) of Pub. L. 95–521, title III,
tional Guard duty,’’ after ‘‘annual training duty,’’. Oct. 26, 1978, 92 Stat. 1861, set out in the Appendix to
1980—Cls. (3), (5)(E). Pub. L. 96–513, §516(1)(A), sub- Title 28, Judiciary and Judicial Procedure, and enact-
stituted ‘‘National Oceanic and Atmospheric’’ for ‘‘En- ing provisions set out as notes under sections 301c, 305a,
vironmental Science Services’’. 312, 312b, 312c, 314, and 403 of this title and sections 705
Cl. (5)(F). Pub. L. 96–513, §516(1)(B), substituted and 867 of Title 10] may be cited as the ‘Military Pay
‘‘Health and Human Services’’ for ‘‘Health, Education, and Allowances Benefits Act of 1980’.’’
and Welfare’’. Pub. L. 96–343, §1, Sept. 8, 1980, 94 Stat. 1123, provided
Cls. (7), (9). Pub. L. 96–600 inserted references to that: ‘‘This Act [enacting section 5142a of Title 10,
Guam. Armed Forces, amending sections 203, 301, 301a, 305a,
Cl. (18). Pub. L. 96–513, §506(1), struck out ‘‘duty on 403, 404, 411, 907, and 1006 of this title and sections 1201,
the active list,’’ after ‘‘and includes’’. 1203, 3914, 3925, 3962, 5142, 5703, 5787c, 5787d, 8072, 8914,
Cl. (25). Pub. L. 96–579 defined ‘‘regular compensa-
8925, and 8962 of Title 10, enacting provisions set out as
tion’’ or ‘‘regular military compensation (RMC)’’ to in-
notes under sections 301, 305a, 402, 403, 404, and 907 of
clude with respect to basic allowance for quarters any
this title and sections 3914 and 3962 of Title 10, and
variable housing allowance or station housing allow-
amending provisions set out as notes under sections
ance.
5707 and 8202 of Title 10] may be cited as the ‘Military
1974—Cl. (25). Pub. L. 93–419 added cl. (25).
1972—Cls. (7), (9). Pub. L. 92–492 inserted references to Personnel and Compensation Amendments of 1980’.’’
Virgin Islands. Pub. L. 96–284, §1, June 28, 1980, 94 Stat. 587, provided
1968—Cl. (5)(D). Pub. L. 90–623 substituted ‘‘Secretary that: ‘‘This Act [enacting sections 302c and 303a of this
of Transportation’’ for ‘‘Secretary of the Treasury’’. title, amending sections 302 to 302b, 303, 306, 311, and 313
1966—Cls. (3), (5)(E). Pub. L. 89–718 substituted ‘‘Envi- of this title, and enacting and repealing provisions set
ronmental Science Services Administration’’ for out as notes under section 302 of this title] may be
‘‘Coast and Geodetic Survey’’. cited as the ‘Uniformed Services Health Professionals
Special Pay Act of 1980’.’’
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective on the date of SHORT TITLE OF 1976 AMENDMENT
transfer of the Coast Guard to the Department of Pub. L. 94–356, §1, July 12, 1976, 90 Stat. 901, provided:
Homeland Security, see section 1704(g) of Pub. L. ‘‘That this Act [enacting sections 312b and 312c of this
107–296, set out as a note under section 101 of Title 10, title, amending section 312 of this title, and enacting
Armed Forces. provisions set out as notes under sections 301 and 312 of
EFFECTIVE DATE OF 1997 AMENDMENT this title] may be cited as the ‘Nuclear Career Incen-
tive Act of 1975’.’’
Amendment by Pub. L. 105–85 effective Jan. 1, 1998,
see section 603(e) of Pub. L. 105–85, set out as a note SHORT TITLE OF 1974 AMENDMENTS
under section 5561 of Title 5, Government Organization
Pub. L. 93–294, §1, May 31, 1974, 88 Stat. 177, provided:
and Employees.
‘‘That this Act [amending section 301 of this title, en-
EFFECTIVE DATE OF 1980 AMENDMENT acting section 301a of this title, and enacting provisions
set out as notes under section 301a of this title] may be
Amendment by sections 506(1), 516(1) of Pub. L. 96–513
cited as the ‘Aviation Career Incentive Act of 1974’.’’
effective Sept. 15, 1981, and Dec. 12, 1980, respectively,
see section 701(a), (b)(3) of Pub. L. 96–513, set out as a Pub. L. 93–277, §1, May 10, 1974, 88 Stat. 119, provided:
note under section 101 of Title 10, Armed Forces. ‘‘That this Act [amending sections 308 and 308a of this
title and enacting provisions set out as notes under sec-
EFFECTIVE DATE OF 1974 AMENDMENT tion 308 of this title] may be cited as the ‘Armed Forces
Amendment by Pub. L. 93–419 effective Sept. 19, 1974, Enlisted Personnel Bonus Revision Act of 1974’.’’
see section 9 of Pub. L. 93–419, set out as an Effective
SHORT TITLE OF 1963 AMENDMENT
Date note under section 1009 of this title.
Pub. L. 88–132, §1, Oct. 2, 1963, 77 Stat. 210, provided:
EFFECTIVE DATE OF 1968 AMENDMENT ‘‘That this Act [enacting sections 310 and 427 of this
Amendment by Pub. L. 90–623 intended to restate title and section 1401a of Title 10, Armed Forces,
without substantive change the law in effect on Oct. 22, amending sections 201, 203, 301, 302, 305, 403, and 421 of
§201 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED Page 6
SERVICES
this title, sections 1401, 1402, 3991, 6151, 6323, 6325 to 6327, grams’’ for ‘‘Senior Reserve Officers’ Training Corps’’
6381, 6383, 6390, 6394, 6396, 6398 to 6400, 6483, and 8991 of in item 209.
Title 10, section 423 of Title 14, Coast Guard, section 1970—Pub. L. 91–482, §2F, Oct. 21, 1970, 84 Stat. 1082,
857a of Title 33, Navigation and Navigable Waters, and struck out item 208 ‘‘Furlough pay: officers of Regular
section 213a of Title 42, The Public Health and Welfare, Navy or Regular Marine Corps’’.
repealing section 6149 of Title 10 and sections 2351 to 1964—Pub. L. 88–647, title II, §202(5), Oct. 13, 1964, 78
2356 of Title 50, Appendix, War and National Defense, Stat. 1071, substituted ‘‘Senior Reserve Officers’ Train-
and enacting provisions set out as notes under sections ing Corps’’ for ‘‘naval officer candidate programs’’ in
201, 203, and 305 of this title, section 1402 of Title 10, and item 209.
section 411 (now 1311) of Title 38, Veterans’ Benefits]
§201. Pay grades: assignment to; general rules
may be cited as the ‘Uniformed Services Pay Act of
1963’.’’ (a) For the purpose of computing their basic
pay, commissioned officers of the uniformed
TRANSFEROFFUNCTIONS
services (other than commissioned warrant offi-
For transfer of authorities, functions, personnel, and cers) are assigned by the grade or rank in which
assets of the Coast Guard, including the authorities serving to the following pay grades:
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security, Navy, Coast
a46n8d(b )f,o r5 5t1r(de)a,t m55e2(ndt) , oafn rde l5a5t7e odf rTeiftelree n6c, eDso, mseees tisce cStieocnus- Pay grade FAoMrrmcayer,i, naAeni dr NanadtGi Aountaamrld o,O sacpnehdae nriicc PubSleicr vHiceea lth
rity, and the Department of Homeland Security Reor- Corps Administration
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6. O–10 ........ General .... Admiral.............. Assistant Sec-
retary for
Health.
CHAPTER 3—BASIC PAY O–9.......... Lieutenant Vice admiral ...... Surgeon General.
general.
Sec. O–8.......... Major gen- Rear admiral...... Deputy Surgeon
eral. General.
201. Pay grades: assignment to; general rules. Assistant Surgeon
202. Pay grades: retired Coast Guard rear admirals General having
(lower half). rank of major
general.
203. Rates. O–7.......... Brigadier Rear admiral Assistant Surgeon
204. Entitlement. general. (lower half). General having
205. Computation: service creditable. rank of brigadier
general.
206. Reserves; members of National Guard: inac- O–6.......... Colonel..... Captain .............. Director grade.
tive-duty training. O–5.......... Lieutenant Commander........ Senior grade.
207. Band leaders. colonel.
O–4.......... Major ....... Lieutenant com- Full grade.
[208. Repealed.] mander.
209. Members of precommissioning programs. O–3.......... Captain .... Lieutenant......... Senior assistant
210. Pay of senior enlisted members during termi- grade.
O–2.......... 1st lieu- Lieutenant (jun- Assistant grade.
nal leave and while hospitalized. tenant. ior grade).
211. Participation in Thrift Savings Plan. O–1.......... 2d lieu- Ensign................ Junior assistant
212. Advancement of basic pay: members deployed tenant. grade.
in combat zone for more than one year.
(b) For the purpose of computing their basic
AMENDMENTS pay, warrant officers of the armed forces are as-
signed, by the warrant officer grade in which
2004—Pub. L. 108–375, div. A, title VI, §606(b), Oct. 28,
2004, 118 Stat. 1946, added item 212. serving, to the following pay grades:
1999—Pub. L. 106–65, div. A, title VI, §661(a)(1)(B), Oct.
5, 1999, 113 Stat. 670, added item 211. Pay Grade: Warrant Officer Grade:
1996—Pub. L. 104–201, div. A, title VI, §603(b)(2), Sept. W–5..................... Chief Warrant Officer, W–5.
23, 1996, 110 Stat. 2540, substituted ‘‘Pay of senior en- W–4..................... Chief Warrant Officer, W–4.
listed members during terminal leave and while hos- W–3..................... Chief Warrant Officer, W–3.
pitalized’’ for ‘‘Pay of the senior noncommissioned offi- W–2..................... Chief Warrant Officer, W–2.
cer of an armed force during terminal leave’’ in item W–1..................... Warrant Officer, W–1.
210.
(c) Unless entitled to the basic pay of a higher
1991—Pub. L. 102–190, div. A, title VI, §606(b), Dec. 5,
1991, 105 Stat. 1375, added item 210. pay grade, an aviation cadet of the Navy, Air
1990—Pub. L. 101–510, div. A, title XIV, §1484(f)(1), Force, Marine Corps, or Coast Guard is entitled
Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to monthly basic pay at the lowest rate pre-
to appear in all capital letters. scribed for pay grade E–4.
1985—Pub. L. 99–145, title V, §514(d)(2)(C), Nov. 8, 1985, (d) Unless he is entitled to the basic pay of a
99 Stat. 629, substituted ‘‘Pay grades: retired Coast higher pay grade, an aviation pilot of the Navy
Guard rear admirals (lower half)’’ for ‘‘Pay grade: re- Reserve, Marine Corps Reserve, or Coast Guard
tired Coast Guard commodores’’ in item 202.
Reserve is entitled to monthly basic pay at the
1984—Pub. L. 98–557, §25(b)(2)(B), Oct. 30, 1984, 98 Stat.
rate prescribed for pay grade E–5.
2872, substituted ‘‘Pay grade: retired Coast Guard com-
(e) Except as provided by subsections (c) and
modores’’ for ‘‘Pay grades; commodores, retired list’’ in
item 202. (d), enlisted members of the uniformed services
1983—Pub. L. 97–417, §3(b), Jan. 4, 1983, 96 Stat. 2087, shall, for the purpose of computing their basic
substituted ‘‘Pay grades; commodores, retired list’’ for pay, be distributed by the Secretary concerned
‘‘Pay grades: assignment to; rear admirals (upper half) in the various enlisted pay grades set forth in
of the Coast Guard’’ in item 202. section 203 of this title. However, except as pro-
1980—Pub. L. 96–513, title V, §506(2), Dec. 12, 1980, 94 vided by section 307 of this title, an enlisted
Stat. 2918, substituted ‘‘rear admirals (upper half) of
member may not be placed in pay grade E–8 or
the Coast Guard’’ for ‘‘rear admirals of upper half; offi-
E–9 until he has completed at least 8 years or 10
cers holding certain positions in the Navy’’ in item 202.
1977—Pub. L. 95–79, title III, §302(a)(3)(C), July 30, years, respectively, of enlisted service computed
1977, 91 Stat. 326, substituted ‘‘precommissioning pro- under section 205 of this title.
Page 7 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED §201
SERVICES
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 453; Pub. L. Army Aviation Cadet Act and the Naval Aviation Cadet
88–132, §3(a), Oct. 2, 1963, 77 Stat. 212; Pub. L. Act of 1942. The word ‘‘basic’’ is inserted for clarity,
89–718, §49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. since the word ‘‘pay’’ as defined in section 101(21) of
L. 91–278, §3(1), June 12, 1970, 84 Stat. 306; Pub. L. this revised title includes special and incentive pays.
Incentive pay for aviation cadets is provided in section
95–79, title III, §302(a)(1), July 30, 1977, 91 Stat.
301(b) of this revised title.
326; Pub. L. 96–76, title III, §313(a), Sept. 29, 1979, In subsection (f), the words ‘‘While on active duty’’,
93 Stat. 586; Pub. L. 96–513, title V, §§506(3), in section 6915(f) of title 10 and section 758a(f) of title
516(2), Dec. 12, 1980, 94 Stat. 2918, 2937; Pub. L. 14, are omitted as covered by section 204 of this title
97–86, title IV, §405(c), Dec. 1, 1981, 95 Stat. 1106; which prescribes the conditions under which members
Pub. L. 98–94, title IX, §932(d), Sept. 24, 1983, 97 of the uniformed services are entitled to basic pay. The
Stat. 650; Pub. L. 98–557, §25(b)(1), Oct. 30, 1984, 98 words ‘‘Unless he is entitled to the basic pay of a high-
Stat. 2872; Pub. L. 99–145, title V, §514(d)(1), Nov. er pay grade’’ are substituted for the words ‘‘or that of
his grade, whichever is greater’’ in section 6915(f) of
8, 1985, 99 Stat. 629; Pub. L. 101–502, §5(k)(2), Nov.
title 10 and section 758a(f) of title 14.
3, 1990, 104 Stat. 1289; Pub. L. 102–25, title VII,
In subsection (g), the words ‘‘Except as provided by
§701(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. subsections (e) and (f)’’ are inserted to reflect those
102–190, div. A, title VI, §605, title XI, §1111(b), subsections relating to enlisted aviation cadets or avia-
Dec. 5, 1991, 105 Stat. 1374, 1491; Pub. L. 109–163, tion pilots.
div. A, title V, §515(d)(1)(B), Jan. 6, 2006, 119
AMENDMENTS
Stat. 3236.)
2006—Subsec. (d). Pub. L. 109–163 substituted ‘‘Navy
HISTORICALANDREVISIONNOTES Reserve’’ for ‘‘Naval Reserve’’.
1991—Subsec. (b). Pub. L. 102–190, §1111(b), amended
Rseecvtiisoend Source (U.S. Code) Source (Statutes at Large) tWaabrlrea ngte nOefrfiaclelyr ,a ta gdrdaindge Wp–r5o.v isions relating to Chief
201(a) ...... 37:232(b). Oct. 12, 1949, ch. 681, Subsec. (c). Pub. L. 102–190, §605, amended subsec. (c)
§201(b); restated May generally. Prior to amendment, subsec. (c) read as fol-
20, 1958, Pub. L. 85–422, lows: ‘‘An aviation cadet of the Navy, Air Force, Ma-
§1(2), 72 Stat. 124.
201(b) ...... 37:304 (as applicable to Oct. 12, 1949, ch. 681, §504 rine Corps, or Coast Guard is entitled to monthly basic
basic pay). (as applicable to basic pay at the rate of 50 percent of the basic pay of a com-
pay), 63 Stat. 827. missioned officer in pay grade O–1 with two or less
201(c) ...... 37:308 (as applicable to Oct. 12, 1949, ch. 681, §508
pay). (as applicable to pay), years of service computed under section 205 of this
63 Stat. 828; May 19, title.’’
1952, ch. 310, §1(e), 66 Subsec. (e). Pub. L. 102–25 struck out ‘‘of this section’’
Stat. 80; Mar. 31, 1955, after ‘‘subsections (c) and (d)’’.
ch. 20, §2(14), 69 Stat.
22. 1990—Subsec. (a). Pub. L. 101–502 inserted ‘‘Assistant
201(d) ...... 10:555(a) (as applicable to [None.] Secretary for Health’’ in fourth column of table in pay
pay grades). grade O–10.
201(e) ...... 37:232(e). Oct. 12, 1949, ch. 681,
§201(e); added Mar. 31, 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘Rear ad-
1955, ch. 20, §2(3), 69 miral (lower half)’’ for ‘‘Commodore’’ in third column
Stat. 19. of table in pay grade O–7.
201(f)....... 10:6915(f). [None.]
14:758a(f). [None.] 1984—Subsec. (a). Pub. L. 98–557 substituted ‘‘Rear ad-
201(g) ...... 37:232(c) (less last sen- Oct. 12, 1949, ch. 681, miral’’ for ‘‘Rear admiral (Navy) and Rear admiral
tence). §201(c) (less last sen- (upper half)(Coast Guard and National Oceanic and At-
tence), 63 Stat. 807; re-
designated as ‘‘(c)’’ by mospheric Administration)’’ in third column of table in
Mar. 31, 1955, ch. 20, pay grade O–8, and in pay grade O–7 substituted ‘‘Com-
§2(2), 69 Stat. 19; May modore’’ for ‘‘Commodore (Navy) and Rear admiral
20, 1958, Pub. L. 85–422,
§1(3) (first sentence), 72 (lower half) and commodore (Coast Guard and National
Stat. 124. Oceanic and Atmospheric Administration’’.
1983—Subsecs. (b) to (f). Pub. L. 98–94 struck out sub-
In subsection (a), the words ‘‘whether under tem- sec. (b) which related to basic pay for contract sur-
porary or permanent appointment’’ are omitted as sur- geons, redesignated subsecs. (c) to (f) as (b) to (e), re-
plusage. The words ‘‘the following pay grades’’ are sub- spectively, and in subsec. (e), as so redesignated, sub-
stituted for the words ‘‘the various pay grades pre- stituted ‘‘subsections (c) and (d)’’ for ‘‘subsections (d)
scribed for commissioned officers by subsection (a) of and (e)’’.
this section, as follows’’. The words ‘‘(other than a 1981—Subsec. (a). Pub. L. 97–86 substituted ‘‘Com-
commissioned warrant officer)’’ are inserted to con- modore’’ for ‘‘Commodore admiral’’ in third column of
form to the definition of ‘‘warrant officer’’ in section table in pay grade O–7.
101(13) of this revised title. 1980—Subsec. (a). Pub. L. 96–513, §506(3), substituted
In subsection (b), the words ‘‘with two or less years in heading of third column of table ‘‘National Oceanic
of service computed under section 205 of this title’’ are and Atmospheric Administration’’ for ‘‘Environmental
substituted for the word ‘‘minimum’’. Science Services Administration’’ and in third column
In subsections (c) and (e), the words ‘‘with two or less ‘‘Rear admiral (Navy) and Rear admiral (upper half)
years of service computed under section 205 of this (Coast Guard and National Oceanic and Atmospheric
title’’ are substituted for the words ‘‘with under two Administration)’’ for ‘‘Rear admiral (upper half)’’ and
cumulative years’ service’’ and ‘‘with under two cumu- ‘‘Commodore admiral (Navy) and Rear admiral (lower
lative years of service’’, in sections 308 and 232(e), re- half) and commodore (Coast Guard and National Oce-
spectively, of existing title 37. anic and Atmospheric Administration)’’ for ‘‘Rear ad-
In subsection (e), the words ‘‘enlisted or appointed miral (lower half) and commodore’’.
under the Army Aviation Cadet Act, as amended, or Subsec. (f). Pub. L. 96–513, §516(2), substituted ‘‘sub-
under the Naval Aviation Cadet Act of 1942, as amend- section (d)’’ for ‘‘subsection (f)’’.
ed’’ are omitted as obsolete and surplusage. Both of the 1979—Subsec. (a). Pub. L. 96–76 transferred the Sur-
cited acts were repealed by section 53 of the Act of Au- geon General from pay grade O–8 to pay grade O–9 in
gust 10, 1956, ch. 1041 (70A Stat. 641), and replaced by fourth column of table.
various sections of title 10. Further reference is sur- 1977—Subsecs. (c) to (g). Pub. L. 95–79 struck out sub-
plusage, however, since aviation cadets are not ap- sec. (c) which related to the monthly rate of pay of ca-
pointed or enlisted under any provision of law other dets and midshipmen at the service academies, and re-
than the sections of title 10 embodying the former designated subsecs. (d) to (g) as (c) to (f), respectively.
§202 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED Page 8
SERVICES
1970—Subsec. (e). Pub. L. 91–278 entitled aviation ca- (lower half) on the retired list, and who in time
dets of Coast Guard to basic pay rate. of war or national emergency has served satis-
1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘Environ- factorily on active duty for two years in that
mental Science Services Administration’’ for ‘‘Coast
grade or in a higher grade, is entitled when on
and Geodetic Survey’’ in heading of third column of
active duty to the basic pay of a rear admiral.
table.
1963—Subsec. (b). Pub. L. 88–132 substituted ‘‘O–3 with (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 454; Pub. L.
over four, but not more than six,’’ for ‘‘O–2 with two or 89–718, §50, Nov. 2, 1966, 80 Stat. 1121; Pub. L.
less’’. 90–130, §3(1), Nov. 8, 1967, 81 Stat. 383; Pub. L.
EFFECTIVE DATE OF 1991 AMENDMENT 90–179, §7, Dec. 8, 1967, 81 Stat. 548; Pub. L.
90–623, §3(2), Oct. 22, 1968, 82 Stat. 1314; Pub. L.
Amendment by section 1111(b) of Pub. L. 102–190 effec-
tive Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set 92–451, §2, Oct. 2, 1972, 86 Stat. 757; Pub. L. 96–342,
out as a note under section 521 of Title 10, Armed title X, §1004(a), Sept. 8, 1980, 94 Stat. 1120; Pub.
Forces. L. 96–513, title IV, §401, Dec. 12, 1980, 94 Stat.
2904; Pub. L. 97–417, §3(a), Jan. 4, 1983, 96 Stat.
EFFECTIVE DATE OF 1990 AMENDMENT
2087; Pub. L. 98–557, §25(b)(2)(A), Oct. 30, 1984, 98
Section 5(k)(3) of Pub. L. 101–502 provided that: ‘‘The Stat. 2872; Pub. L. 99–145, title V, §514(d)(2)(A),
amendments made by paragraphs (1) and (2) [amending
(B), Nov. 8, 1985, 99 Stat. 629.)
this section and section 207 of Title 42, The Public
Health and Welfare] shall take effect on the first day of HISTORICALANDREVISIONNOTES
the month immediately following the month in which
this Act was enacted [November 1990].’’ Revised
section Source (U.S. Code) Source (Statutes at Large)
EFFECTIVE DATE OF 1983 AMENDMENT
202(a) ...... 10:5507(a). [None.]
Amendment by Pub. L. 98–94 effective Oct. 1, 1983, see 202(b) ...... 10:5507(b). [None.]
section 932(f) of Pub. L. 98–94, set out as an Effective 202(c) ...... 10:5507(c). [None.]
Date note under section 1091 of Title 10, Armed Forces. 202(d) ...... 10:5507(d). [None.]
14:462a (less applicability [None.]
to retired pay).
EFFECTIVE DATE OF 1981 AMENDMENT 202(e) ...... 10:5507(e). [None.]
202(f)....... 14:462. [None.]
Amendment by Pub. L. 97–86 effective Sept. 15, 1981, 202(g) ...... 10:5133(a) (last 13 words [None.]
see section 405(f) of Pub. L. 97–86, set out as a note of last sentence).
under section 101 of Title 10, Armed Forces. 202(h)...... 10:5064(b) (the words, [None.]
‘‘pay, allowances,’’).
EFFECTIVE DATE OF 1980 AMENDMENT 10:5111(b) (the words [None.]
‘‘pay, allowances,
Amendment by sections 506(3), 516(2) of Pub. L. 96–513 and’’).
10:5133(a) (last 20 words [None.]
effective Sept. 15, 1981, and Dec. 12, 1980, respectively, of 1st sentence).
see section 701(a), (b)(3) of Pub. L. 96–513, set out as a 10:5138(b) (the words [None.]
note under section 101 of Title 10, Armed Forces. ‘‘pay, allowances,
and’’).
EFFECTIVE DATE OF 1979 AMENDMENT 1100::55114425 ((cl)a (slta sset n1t2e wncoer)d.s ). [[NNoonnee..]]
Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see 10:5148(b) (the words [None.]
‘‘pay, allowances,’’).
section 314 of Pub. L. 96–76, set out as a note under sec- 10:5150(c) (the words, [None.]
tion 206 of Title 42, The Public Health Welfare. ‘‘pay, allowances,’’).
202(i)....... 10:5064(c) (last sentence). [None.]
EFFECTIVE DATE OF 1963 AMENDMENT 10:5134. [None.]
10:5149(a) (last sentence). [None.]
Section 14 of Pub. L. 88–132 provided that: ‘‘This Act 10:5150(d) (last sentence). [None.]
[see Short Title of 1963 Amendment note set out under 10:5202(a) (last sentence). [None.]
202(j)....... 10:5062. [None.]
section 101 of this title] becomes effective on October 1,
1963.’’ In subsections (a)–(j), the words ‘‘and allowances’’ are
TRANSFEROFFUNCTIONS omitted as surplusage, since, under chapter 7 of this re-
vised title, entitlement to allowances is based upon en-
For transfer of authorities, functions, personnel, and titlement to basic pay.
assets of the Coast Guard, including the authorities In subsection (f), the words ‘‘provided by law’’, ‘‘this
and functions of the Secretary of Transportation relat- or any other’’, and ‘‘for any reason’’ are omitted as sur-
ing thereto, to the Department of Homeland Security, plusage.
and for treatment of related references, see sections In subsection (g), the words ‘‘Judge Advocate General
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- of the Navy’’ are inserted to reflect section 5148 of title
rity, and the Department of Homeland Security Reor- 10.
ganization Plan of November 25, 2002, as modified, set In subsection (i), the last 12 words of section 5145(c)
out as a note under section 542 of Title 6. of title 10 are omitted as covered by section 5134 of title
Functions of Public Health Service, Surgeon General 10.
of Public Health Service, and all other officers and em-
AMENDMENTS
ployees of Public Health Service, and functions of all
agencies of or in Public Health Service, transferred to 1985—Pub. L. 99–145 substituted ‘‘Pay grades: retired
Secretary of Health, Education, and Welfare by Reorg. Coast Guard rear admirals (lower half)’’ for ‘‘Pay grade:
Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. retired Coast Guard commodores’’ in section catchline,
1610, set out in the Appendix to Title 5, Government Or- and substituted ‘‘rear admiral (lower half)’’ for ‘‘com-
ganization and Employees. Secretary of Health, Edu- modore’’ in text.
cation, and Welfare redesignated Secretary of Health 1984—Pub. L. 98–557 substituted ‘‘Pay grade: retired
and Human Services by section 3508(b) of Title 20, Edu- Coast Guard commodores’’ for ‘‘Pay grades: com-
cation. modores, retired list’’ in section catchline.
1983—Pub. L. 97–417 substituted provision relating to
§202. Pay grades: retired Coast Guard rear admi- the entitlement of retired list Coast Guard com-
rals (lower half) modores to the basic pay of a retired rear admiral after
two years emergency or wartime duty, for former sub-
An officer of the Coast Guard holding a perma- secs. (a) and (b), which, respectively, related to the en-
nent appointment in the grade of rear admiral titlement of retired Coast Guard rear admirals (other-
Page 9 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED §203
SERVICES
wise entitled to the basic pay of retired list rear admi- Pub. L. 90–130 added subsec. (k) relating to a woman
rals) to the basic pay of an upper half rear admiral officer appointed under section 5767(c) of title 10.
after two years emergency or wartime active duty, and 1966—Subsec. (g). Pub. L. 89–718, §50(1), struck out ref-
provided that the number of active list Coast Guard erence to service as Chief of the Bureau of Naval Weap-
rear admirals entitled to upper half pay be half the dif- ons.
ference between the number of active list officers above Subsec. (h). Pub. L. 89–718, §50(2), struck out par. (2)
captain and the number of officers serving above rear relating to Chief of Naval Materiel.
admiral, an odd number result to be placed in the upper
half, and no officer entitled to rear admiral pay to have EFFECTIVE DATE OF 1980 AMENDMENTS
it reduced solely because of a reduction in the number Amendment by Pub. L. 96–513 effective Sept. 15, 1981,
of rear admirals. but the authority to prescribe regulations under the
1980—Pub. L. 96–513, §401(b), substituted ‘‘(upper half) amendment by Pub. L. 96–513 effective on Dec. 12, 1980,
of the Coast Guard’’ for ‘‘of upper half; officers holding see section 701 of Pub. L. 96–513, set out as a note under
certain positions in the Navy’’ in section catchline. section 101 of Title 10, Armed Forces.
Subsec. (a). Pub. L. 96–513, §401(a)(1), (2), redesignated
Section 1004(b) of Pub. L. 96–342 provided that: ‘‘The
subsec. (e) as (a) and struck out applicability to the
amendment made by subsection (a) [amending this sec-
Navy. Former subsec. (a), relating to entitlement of an
tion] shall apply with respect to basic pay payable for
officer not restricted in the performance of his duties
periods beginning on or after the date of the enactment
in the Navy, was struck out.
of this Act [Sept 8, 1980].’’
Subsec. (b). Pub. L. 96–513, §401(a)(1), (3), redesignated
subsec. (f) as (b). Former subsec. (b), relating to entitle- EFFECTIVE DATE OF 1972 AMENDMENT
ment of an officer restricted in the performance of his
duties in the Navy, was struck out. Amendment by Pub. L. 92–451 effective Oct. 2, 1972,
Subsec. (c). Pub. L. 96–513, §401(a)(1), struck out sub- except that continuation boards may not be held until
sec. (c) which related to entitlement of an officer in a one year thereafter, see section 3 of Pub. L. 92–451, set
staff corps in the Navy. out as a note under section 290 of Title 14, Coast Guard.
Subsec. (d). Pub. L. 96–513, §401(a)(1), struck out sub-
sec. (d) which related to entitlement of an officer of the EFFECTIVE DATE OF 1968 AMENDMENT
Naval Reserve. Amendment by Pub. L. 90–623 intended to restate
Subsec. (e). Pub. L. 96–513, §401(a)(2), redesignated without substantive change of law in effect on Oct. 22,
subsec. (e) as (a). 1968, see section 6 of Pub. L. 90–623, set out as a note
Subsec. (f). Pub. L. 96–513, §401(a)(3), redesignated
under section 5334 of Title 5, Government Organization
subsec. (f) as (b).
and Employees.
Subsec. (g). Pub. L. 96–513, §401(a)(4), struck out sub-
sec. (g) which related to entitlement of an officer of the TRANSFEROFFUNCTIONS
Marine Corps.
Subsec. (h). Pub. L. 96–513, §401(a)(4), struck out sub- For transfer of authorities, functions, personnel, and
sec. (h) which related to entitlement of specific officers assets of the Coast Guard, including the authorities
of the naval service. and functions of the Secretary of Transportation relat-
Subsec. (i). Pub. L. 96–513, §401(a)(4), struck out sub- ing thereto, to the Department of Homeland Security,
sec. (i) which related to entitlement of additional spe- and for treatment of related references, see sections
cific officers of the naval service. 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
Subsec. (j). Pub. L. 96–513, §401(a)(4), struck out sub- rity, and the Department of Homeland Security Reor-
sec. (j) which related to entitlement of officer of the ganization Plan of November 25, 2002, as modified, set
Navy serving as Deputy Comptroller of the Navy. out as a note under section 542 of Title 6.
Subsec. (k). Pub. L. 96–513, §401(a)(4), struck out sub-
sec. (k) which related to pay of a woman officer when TRANSITION PROVISIONS UNDER DEFENSE OFFICER
initially appointed as a rear admiral and while serving PERSONNEL MANAGEMENT ACT
as a rear admiral under such appointment or a subse-
For provisions to prevent extinction or premature
quent appointment.
termination of rights, duties, penalties, or proceedings
Pub. L. 96–342 substituted provisions respecting pay
that existed or were begun prior to the effective date of
when initially appointed as a rear admiral and while
Pub. L. 96–513, and otherwise to allow for an orderly
serving as a rear admiral under such appointment or a
transition to the system of officer personnel manage-
subsequent appointment for provisions respecting pay
ment put in place under Pub. L. 96–513, see section 601
while serving under an appointment under section
et seq. of Pub. L. 96–513, set out as a note under section
5767(c) of title 10.
611 of Title 10, Armed Forces.
Subsec. (l). Pub. L. 96–513, §401(a)(4), struck out sub-
sec. (l) which related to entitlement of an officer of the
§203. Rates
Navy or Marine Corps serving as Assistant Judge Advo-
cate General of the Navy. (a)(1) The rates of monthly basic pay for mem-
1972—Subsec. (f). Pub. L. 92–451 struck out ‘‘Except
bers of the uniformed services within each pay
for those whose basic pay is otherwise specifically au-
grade are those prescribed in accordance with
thorized by law,’’ and substituted ‘‘in grades above cap-
tain, less the number of officers serving in grades above section 1009 of this title or as otherwise pre-
rear admiral’’, for ‘‘in that grade’’ in first sentence. scribed by law.
1968—Subsec. (l). Pub. L. 90–623 redesignated as sub- (2) Notwithstanding the rates of basic pay in
sec. (l) the subsection relating to basic pay of the As- effect at any time as provided by law, the rates
sistant Judge Advocate General of the Navy, formerly of basic pay payable for commissioned officers
designated as subsec. (k).
in pay grades O–7 through O–10 may not exceed
1967—Subsec. (g). Pub. L. 90–179, §7(1), inserted ‘‘or as
Deputy Judge Advocate General of the Navy,’’. the monthly equivalent of the rate of pay for
Subsecs. (h)(7), (8). Pub. L. 90–179, §7(2)(B), (C), added level II of the Executive Schedule, and the rates
par. (7) and renumbered former par. (7) as par. (8). of basic pay payable for all other officers and for
Subsec. (i). Pub. L. 90–179, §7(3), struck out par. (3) enlisted members may not exceed the monthly
which referred to an officer detailed as Assistant Judge equivalent of the rate of pay for level V of the
Advocate of the Navy and renumbered pars. (4) and (5)
Executive Schedule.
as pars. (3) and (4), respectively.
Subsec. (k). Pub. L. 90–179, §7(4), added subsec. (k) re- (b) While serving as a permanent professor at
lating to officer of the Navy or Marine Corps serving as the United States Military Academy, the United
Assistant Judge Advocate General of the Navy. States Naval Academy, or the United States Air
§203 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED Page 10
SERVICES
Force Academy or as a member of the perma- 92–455, §3, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93–419,
nent commissioned teaching staff at the United §2, Sept. 19, 1974, 88 Stat. 1152; Pub. L. 95–79, title
States Coast Guard Academy, an officer who has III, §302(a)(2), July 30, 1977, 91 Stat. 326; Pub. L.
over 36 years of service computed under section 96–343, §6(b), Sept. 8, 1980, 94 Stat. 1127; Pub. L.
205 of this title is, in addition to the pay and al- 97–60, title I, §102(a), Oct. 14, 1981, 95 Stat. 992;
lowances to which he is otherwise entitled under Pub. L. 98–94, title IX, §902(a), Sept. 24, 1983, 97
this title, entitled to additional pay in the Stat. 635; Pub. L. 99–145, title XIII, §1303(b)(1),
amount of $250 a month. This additional pay Nov. 8, 1985, 99 Stat. 740; Pub. L. 99–661, div. A,
may not be used in the computation of retired title VI, §601(c), Nov. 14, 1986, 100 Stat. 3874; Pub.
pay. L. 100–180, div. A, title VI, §601(c), Dec. 4, 1987,
(c) A cadet at the United States Military 101 Stat. 1092, as amended Pub. L. 100–202,
Academy, the United States Air Force Academy, §110(b), Dec. 22, 1987, 101 Stat. 1329–436; Pub. L.
or the Coast Guard Academy, or a midshipman 100–456, div. A, title VI, §601(d), Sept. 29, 1988, 102
at the United States Naval Academy, is entitled Stat. 1976; Pub. L. 101–189, div. A, title VI,
to monthly cadet pay, or midshipman pay, at §601(c), Nov. 29, 1989, 103 Stat. 1445; Pub. L.
the monthly rate equal to 35 percent of the basic 103–160, div. A, title VI, §603(a), Nov. 30, 1993, 107
pay of a commissioned officer in the pay grade Stat. 1678; Pub. L. 103–337, div. A, title VI,
O–1 with less than two years of service. §601(c), Oct. 5, 1994, 108 Stat. 2779; Pub. L.
(d)(1) The basic pay of a commissioned officer 104–201, div. A, title VI, §602, Sept. 23, 1996, 110
who is in pay grade O–1, O–2, or O–3 and who is Stat. 2540; Pub. L. 105–261, div. A, title VI,
credited with a total of over four years’ service §602(a), Oct. 17, 1998, 112 Stat. 2037; Pub. L.
described in paragraph (2) shall be computed in 106–65, div. A, title VI, §601(d), Oct. 5, 1999, 113
the same manner as the basic pay of a commis- Stat. 648; Pub. L. 106–398, §1 [[div. A], title VI,
sioned officer in the same pay grade who has §612(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150;
been credited with over four years’ active serv- Pub. L. 107–107, div. A, title VI, §602(a), Dec. 28,
ice as an enlisted member. 2001, 115 Stat. 1132; Pub. L. 107–314, div. A, title
(2) Service to be taken into account for pur- X, §1062(f)(1), Dec. 2, 2002, 116 Stat. 2651; Pub. L.
poses of computing basic pay under paragraph 108–136, div. A, title VI, §603, Nov. 24, 2003, 117
(1) is as follows: Stat. 1499; Pub. L. 109–163, div. A, title VI, §§602,
(A) Active service as a warrant officer or as 603, Jan. 6, 2006, 119 Stat. 3286; Pub. L. 109–364,
a warrant officer and an enlisted member. div. A, title VI, §602(a), Oct. 17, 2006, 120 Stat.
(B) Service as a warrant officer, as an en- 2245.)
listed member, or as a warrant officer and an
enlisted member, for which at least 1,460 HISTORICALANDREVISIONNOTES
points have been credited to the officer for the
Revised
purposes of section 12732(a)(2) of title 10. section Source (U.S. Code) Source (Statutes at Large)
(e)(1) A student at the United States Military 203 .......... 10:142(d) (as applicable to [None.]
Academy Preparatory School, the United States basic pay).
37:232(a). Oct. 12, 1949, ch. 681,
Naval Academy Preparatory School, or the §201(a); May 19, 1952,
United States Air Force Academy Preparatory ch. 310, §1(a); restated
Mar. 31, 1955, ch. 20,
School who was selected to attend the pre- §2(1); restated May 20,
paratory school from civilian life is entitled to 1958, Pub. L. 85–422,
§1(1), 72 Stat. 122.
monthly student pay at the same rate as pro-
vided for cadets and midshipmen under sub- Section 142(d) (as applicable to basic pay) of title 10
section (c). is omitted as superseded by footnote 1 of section 232(a)
(2) A student at a preparatory school referred of existing title 37. The words ‘‘pay grades are pre-
to in paragraph (1) who, at the time of the stu- scribed’’ are omitted as covered by section 201 of this
dent’s selection to attend the preparatory revised title. The words ‘‘rates of monthly basic pay
school, was an enlisted member of the uniformed . . . are’’ are substituted for the words ‘‘monthly basic
pay . . . is established’’. The words ‘‘according to cu-
services shall receive monthly basic pay at the
mulative years of service’’ are omitted as covered by
rate prescribed for the student’s pay grade and
the words ‘‘years of service computed under section
years of service as an enlisted member or at the 205’’ appearing in each table.
rate provided for cadets and midshipmen under
subsection (c), whichever is greater. REFERENCES IN TEXT
(3) The monthly student pay of a student de- Levels II and V of the Executive Schedule, referred to
scribed in paragraph (1) shall be treated for pur- in subsec. (a)(2), are set out in sections 5313 and 5316, re-
poses of the accrual charge for the Department spectively, of Title 5, Government Organization and
of Defense Military Retirement Fund estab- Employees.
lished under section 1461 of title 10 in the same AMENDMENTS
manner as monthly cadet pay or midshipman
2006—Subsec. (a)(2). Pub. L. 109–364 substituted ‘‘level
pay under subsection (c).
II’’ for ‘‘level III’’.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 456; Pub. L. Subsec. (b). Pub. L. 109–163, §602, inserted ‘‘, the
88–132, §2, Oct. 2, 1963, 77 Stat. 210; Pub. L. 88–422, United States Naval Academy,’’ after ‘‘Military Acad-
§1, Aug. 12, 1964, 78 Stat. 395; Pub. L. 89–132, §1, emy’’.
Subsec. (e)(2). Pub. L. 109–163, §603, substituted ‘‘shall
Aug. 21, 1965, 79 Stat. 545; Pub. L. 89–501, title III,
receive’’ for ‘‘on active duty for a period of more than
§301, July 13, 1966, 80 Stat. 276; Pub. L. 90–207,
30 days shall continue to receive’’ and inserted before
§1(1), Dec. 16, 1967, 81 Stat. 649; Pub. L. 91–278, the period at end ‘‘or at the rate provided for cadets
§3(2), June 12, 1970, 84 Stat. 306; Pub. L. 92–129, and midshipmen under subsection (c), whichever is
title II, §201, Sept. 28, 1971, 85 Stat. 355; Pub. L. greater’’.