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37 U.S.C. § 910 — Replacement of lost income: involuntarily mobilized reserve component members and members of the Space Force subject to extended and frequent active duty service

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 910 — Replacement of lost income: involuntarily mobilized reserve component members and members of the Space Force subject to extended and frequent active duty service

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Source file: Laws/federal/codes/united-states-code/title-37/section-910-replacement-of-lost-income-involuntarily-mobilized-reserve-component-mem--2fe3eff0af.md
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Source location: Title 37, Chapter 17, § 910; chapter-017-miscellaneous-rights-and-benefits.md

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**(a) Payment Required.—** The Secretary concerned shall pay to an eligible member of a reserve component of the armed forces or of the Space Force 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 or the Space Force 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 or the Space Force 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12301/h/1&num=0&edition=prelim) 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 or the Space Force 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5538&num=0&edition=prelim); 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 or the Space Force, 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, 2026, unless the entitlement of the member to payments under this section commenced on or before that date.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5538 — Nonreduction in pay while serving in the uniformed services or National Guard

**(a)** An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under [section 12304b of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304b&num=0&edition=prelim) or a provision of law referred to in [section 101(a)(13)(B) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13/B&num=0&edition=prelim) shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which— (1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee’s civilian employment with the Government had not been interrupted by that service, exceeds (if at all) (2) the amount of pay and allowances which (as determined under subsection (d))— (A) is payable to such employee for that service; and (B) is allocable to such pay period. **(b)** Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— (1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and (2) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government. **(c)** Any amount payable under this section to an employee shall be paid— (1) by such employee’s employing age

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 910 — Replacement of lost income: involuntarily

Page 238 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 909 1993—Pub. L. 103–160 inserted headings in subsecs. (a) and (b) and added subsec. (c). 1991—Subsec. (a). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (b)’’. Subsec. (b). Pub. L. 102–25 struck out ‘‘of this sec- tion’’ after ‘‘subsection (a)’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(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 sub- mitted 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 end- ing with the year before the year in which such report is submitted.’’ § 909. Special and incentive pay: payment at un- reduced rates during suspension of per- sonnel laws (a) AUTHORITY TO CONTINUE PAYMENT AT UNRE- DUCED RATES.—To ensure fairness and recognize the contributions of members of the armed forces to military essential missions, the Sec- retary 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 re- ceive that special pay or incentive pay for quali- fying service performed during the retention pe- riod, without a reduction in the payment rate below the rate th

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