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5 U.S.C. § 5538 — Nonreduction in pay while serving in the uniformed services or National Guard
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-5/section-5538-nonreduction-in-pay-while-serving-in-the-uniformed-services-or-national--b8b470bde8.md
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Source location: Title 5, Chapter 55, § 5538; chapter-055-pay-administration.md
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**(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 agency;
(2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and
(3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee’s civilian employment had not been interrupted.
**(d)** The Office of Personnel Management shall, in consultation with Secretary of Defense, prescribe any regulations necessary to carry out the preceding provisions of this section.
**(e)**
(1) The head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency.
(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency.
**(f)** For purposes of this section—
(1) the terms “employee”, “Federal Government”, and “uniformed services” have the same respective meanings as given those terms in [section 4303 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4303&num=0&edition=prelim);
(2) the term “employing agency”, as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; and
(3) the term “basic pay” includes any amount payable under section 5304.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “Attorney General” means the Attorney General of the United States or any person designated by the Attorney General to carry out a responsibility of the Attorney General under this chapter.
(2) The term “benefit”, “benefit of employment”, or “rights and benefits” means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest (including wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.
(3) The term “employee” means any person employed by an employer. Such term includes any person who is a citizen, national, or permanent resident alien of the United States employed in a workplace in a foreign country by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States, within the meaning of [section 4319(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4319/c&num=0&edition=prelim).
(4)
(A) Except as provided in subparagraphs (B) and (C), the term “employer” means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including—
(i) a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related respon
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4303
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** When the Secretary of a military department determines that it is necessary to augment the active forces for a preplanned mission in support of a combatant command, the Secretary may, subject to subsection (b), order any unit of the Selected Reserve (as defined in [section 10143(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim)), without the consent of the members, to active duty for not more than 365 consecutive days.
**(b) Limitations.—**
(1)
(A) Except as provided under subparagraph (B), units may be ordered to active duty under this section only if—
(i) the manpower and associated costs of such active duty are specifically included and identified in the defense budget materials for the fiscal year or years in which such units are anticipated to be ordered to active duty; and
(ii) the budget information on such costs includes a description of the mission for which such units are anticipated to be ordered to active duty and the anticipated length of time of the order of such units to active duty on an involuntary basis.
(B) In the event the President’s budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice.
(2) Not more than 60,000 members of the reserve components of the armed forces may be on active duty under this section at any one time.
**(c) Exclusion From Strength Limitations.—** Members ordered to active duty under this section shall not be counted in computing authorized strength in members on active duty or total number of members in grade under this title
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12304b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under [section 12739 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12739&num=0&edition=prelim), if the person—
(1) has attained the eligibility age applicable under subsection (f) to that person;
(2) has performed at least 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim);
(3) in the case of a person who completed the service requirements of paragraph (2) before April 25, 2005, performed the last six years of qualifying service while a member of any category named in [section 12732(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/1&num=0&edition=prelim), but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed the service requirements of paragraph (2) before October 5, 1994, the number of years of such qualifying service under this paragraph shall be eight; and
(4) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve.
**(b)** Application for retired pay under this section must be made to the Secretary of the military department, or the Secretary of Homeland Security, as the case may be, having jurisdiction at the time of application over the armed force in which the applicant is serving or last served.
**(c)**
(1) A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component or other
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12731
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Federal law — U.S. Code and appendices · legal_authorities
**(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]
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 910
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “active duty” has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)):
(A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A).
(B) In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 11 See References in Text note below. of title 14.
(C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service—
(i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or
(ii) in the National Guard under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
(2) The term “emergency situation” has the meaning given such term in [section 3601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim).
(3) The term “entry level and skill training” means the following:
(A) In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit Training.
(B) In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called “A” School).
(C) In th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
Page 661
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5541
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–623 intended to restate
without substantive change the law in effect on Oct. 22,
1968, see section 6 of Pub. L. 90–623, set out as a note
under section 5334 of this title.
§ 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 or a provi-
sion of law referred to in section 101(a)(13)(B) of
title 10 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 oth-
erwise 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 pay-
able 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 sub-
section (a)); and
(2) for which such employee does not other-
wise receive basic pay (including by taking
any annual, military, or other paid leave) to
which such employee is entitled by
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5538
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