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 the members received imme- diately before retention on active duty, notwith- standing any requirement otherwise applicable to that special pay or incentive pay that would reduce the payment rate by reason of the years of service of the members. (b) SUSPENSION DURING TIME OF WAR.—Sub- section (a) does not apply with respect to a spe- cial pay or incentive pay under chapter 5 of this title, whenever the authority to provide that special pay or incentive pay is suspended by the President or the Secretary of Defense during a time of war. (c) QUALIFYING SERVICE DEFINED.—In this sec- tion, the term ‘‘qualifying service’’ means serv- ice for which a particular special pay or incen- tive pay is payable under the authority of a pro- vision of chapter 5 of this title. (Added Pub. L. 107–107, div. A, title VI, § 623(a)(1), Dec. 28, 2001, 115 Stat. 1142.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–107, div. A, title VI, § 623(b), Dec. 28, 2001, 115 Stat. 1143, provided that: ‘‘Section 909 of title 37, United States Code, as added by subsection (a)(1), shall apply with respect to pay periods beginning after Sep- tember 11, 2001.’’ § 910. Replacement of lost income: involuntarily mobilized reserve component members sub- ject to extended and frequent active duty service (a) PAYMENT REQUIRED.—The Secretary con- cerned shall pay to an eligible member of a re- serve component of the armed forces an amount equal to the monthly active-duty income dif- ferential of the member, as determined by the Secretary, when the total monthly military compensation of the member is less than the av- erage monthly civilian income of the member. The payments shall be made on a monthly basis. (b) ELIGIBILITY.—(1) A member of a reserve component is entitled to a payment under this section for any full month of active duty of the member, when the total monthly military com- pensation of the member is less than the aver- age monthly civilian income of the member, while the member is on active duty under an in- voluntary mobilization order, following the date on which the member— (A) completes 547 continuous days of service on active duty under an involuntary mobiliza- tion order; (B) completes 730 cumulative days on active duty under an involuntary mobilization order during the previous 1,826 days; or (C) is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days after the date of the member’s separation from a previous period of active duty for a period of 180 days or more. (2) The entitlement of a member of a reserve component to a payment under this section also shall commence or, if previously commenced under paragraph (1), shall continue if the mem- ber— (A) satisfies the required number of days on active duty specified in subparagraph (A) or (B) of paragraph (1) or was involuntarily mobi- lized as provided in subparagraph (C) of such paragraph; and (B) is retained on active duty under subpara- graph (A) or (B) of section 12301(h)(1) of title 10 because of an injury or illness incurred or ag- gravated 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 Govern- ment who is also a member of a reserve compo- nent is not entitled to a payment under this sec- tion for any period for which the employee is en- titled to— (A) a differential payment under section 5538 of title 5; or (B) a comparable benefit under an adminis- tratively established program for civilian em- ployees absent from a position of employment with the Federal Government in order to per- form 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, Page 239 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 910 the monthly payment to a member under this section may not exceed $3,000. (d) MONTHLY ACTIVE-DUTY INCOME DIFFEREN- TIAL.—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 in- come’’, with respect to a member of a reserve component, means the amount, determined by the Secretary concerned, of the earned income of the member for either the 12 months pre- ceding 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 com- pensation’’ 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 allow- ance included in regular military compensa- tion) that is paid to the member on a month- ly basis. (f) REGULATIONS.—This section shall be admin- istered 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 be- ginning after December 31, 2025, unless the enti- tlement of the member to payments under this section commenced on or before that date. (Added Pub. L. 109–163, div. A, title VI, § 614(a), Jan. 6, 2006, 119 Stat. 3292; amended Pub. L. 110–181, div. A, title VI, § 604, Jan. 28, 2008, 122 Stat. 145; Pub. L. 110–417, [div. A], title VI, § 605, Oct. 14, 2008, 122 Stat. 4483; Pub. L. 111–84, div. A, title VI, § 611(7), Oct. 28, 2009, 123 Stat. 2352; Pub. L. 111–383, div. A, title VI, §§ 601(a), 611(7), Jan. 7, 2011, 124 Stat. 4235, 4236; Pub. L. 112–81, div. A, title VI, § 611(7), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 611(8), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 611(8), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 611(8), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 114–92, div. A, title VI, § 611(8), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §§ 611(8), 618(h)(5), Dec. 23, 2016, 130 Stat. 2157, 2161; Pub. L. 115–91, div. A, title VI, § 611(8), Dec. 12, 2017, 131 Stat. 1421; Pub. L. 115–232, div. A, title VI, § 611(a), Aug. 13, 2018, 132 Stat. 1796; Pub. L. 116–92, div. A, title VI, § 611(a), Dec. 20, 2019, 133 Stat. 1425; Pub. L. 116–283, div. A, title VI, § 611(a), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(a), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, § 601(a), Dec. 23, 2022, 136 Stat. 2619; Pub. L. 118–31, div. A, title VI, § 613(a), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118–159, div. A, title VI, § 611(a), Dec. 23, 2024, 138 Stat. 1932.) Editorial Notes AMENDMENTS 2024—Subsec. (g). Pub. L. 118–159 substituted ‘‘Decem- ber 31, 2025’’ for ‘‘December 31, 2024’’. 2023—Subsec. (g). Pub. L. 118–31 substituted ‘‘Decem- ber 31, 2024’’ for ‘‘December 31, 2023’’. 2022—Subsec. (g). Pub. L. 117–263 substituted ‘‘Decem- ber 31, 2023’’ for ‘‘December 31, 2022’’. 2021—Subsec. (g). Pub. L. 117–81 substituted ‘‘Decem- ber 31, 2022’’ for ‘‘December 31, 2021’’. Pub. L. 116–283 substituted ‘‘December 31, 2021’’ for ‘‘December 31, 2020’’. 2019—Subsec. (g). Pub. L. 116–92 substituted ‘‘Decem- ber 31, 2020’’ for ‘‘December 31, 2019’’. 2018—Subsec. (g). Pub. L. 115–232 substituted ‘‘Decem- ber 31, 2019’’ for ‘‘December 31, 2018’’. 2017—Subsec. (g). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (b)(2)(B). Pub. L. 114–328, § 618(h)(5), in- serted ‘‘, or paragraph (1) or (3) of section 351(a),’’ after ‘‘section 310’’. Subsec. (g). Pub. L. 114–328, § 611(8), substituted ‘‘De- cember 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (g). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (g). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (g). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (b)(3). Pub. L. 111–383, § 601(a), added par. (3). Subsec. (g). Pub. L. 112–81 substituted ‘‘December 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383, § 611(7), substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (g). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (a). Pub. L. 110–181, § 604(a), inserted be- fore period at end of first sentence ‘‘, when the total monthly military compensation of the member is less than the average monthly civilian income of the mem- ber’’. Subsec. (b). Pub. L. 110–181, § 604(b), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Subject to subsection (c), a reserve component mem- ber is entitled to a payment under this section for any full month of active duty of the member, while on ac- tive duty under an involuntary mobilization order, fol- lowing the date on which the member— ‘‘(1) completes 18 continuous months of service on active duty under such an order; ‘‘(2) completes 24 months on active duty during the previous 60 months under such an order; or ‘‘(3) is involuntarily mobilized for service on active duty for a period of 180 days or more within six months or less following the member’s separation from a previous period of involuntary active duty for a period of 180 days or more.’’ Subsec. (g). Pub. L. 110–417 substituted ‘‘December 31, 2009’’ for ‘‘December 31, 2008’’. Pub. L. 110–181, § 604(c), amended subsec. (g) generally. Prior to amendment, text read as follows: ‘‘No payment shall be made under this section after December 31, 2008.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title VI, § 601(b), Jan. 7, 2011, 124 Stat. 4235, provided that: ‘‘Subsection (b)(3) of sec- tion 910 of title 37, United States Code, as added by sub- section (a), shall apply with respect to payments under such section for months beginning on or after the date of the enactment of this Act [Jan. 7, 2011].’’ EFFECTIVE DATE Pub. L. 109–163, div. A, title VI, § 614(c), Jan. 6, 2006, 119 Stat. 3293, provided that: ‘‘Section 910 of title 37, Page 240 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 1001 1 So in original. Does not conform to section catchline. United States Code, as added by subsection (a), may apply only with respect to months beginning after the end of the 180-day period beginning on the date of the enactment of this Act [Jan. 6, 2006].’’ CHAPTER 19—ADMINISTRATION Sec. 1001. Regulations relating to pay and allowances. 1002. Additional training or duty without pay: Re- serves and members of National Guard. 1003. Assimilation of pay and allowances. 1004. Computation of pay and allowances for month or part of month. 1005. Army, Air Force, and Space Force: prompt payments required. 1006. Advance payments. 1007. Deductions from pay. 1008. Presidential recommendations concerning ad- justments and changes in pay and allow- ances. 1009. Adjustments of monthly basic pay. 1010. Commissioned officers: promotions; effective date for pay and allowances. 1011. Mess operations: reimbursement of expenses.1 1012. Disbursement and accounting: pay of enlisted members of the National Guard. 1013. Payment of compensation for victims of ter- rorism. 1014. Payment date for pay and allowances. 1015. Recordation of installment payment obliga- tions for incentive pays and similar bene- fits. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title IX, § 925(k)(1)(C), Jan. 1, 2021, 134 Stat. 3829, which directed amendment of the analysis for chapter 15 by striking item 803 and in- serting a new item 1005, was executed to the analysis for this chapter by adding item 1005 and striking out former item 1005 ‘‘Army and Air Force: prompt pay- ments required’’, to reflect the probable intent of Con- gress. 2015—Pub. L. 114–92, div. A, title VI, § 662(b), Nov. 25, 2015, 129 Stat. 859, added item 1015. 2006—Pub. L. 109–364, div. A, title X, § 1046(b)(2), Oct. 17, 2006, 120 Stat. 2394, struck out item 1015 ‘‘Annual re- port on effects of recruitment and retention initia- tives’’. 1999—Pub. L. 106–65, div. A, title VI, § 673(a)(2), Oct. 5, 1999, 113 Stat. 674, added item 1015. 1997—Pub. L. 105–85, div. A, title VI, § 604(a)(2), Nov. 18, 1997, 111 Stat. 1784, substituted ‘‘monthly basic pay’’ for ‘‘compensation’’ in item 1009. 1990—Pub. L. 101–510, div. A, title XIV, § 1484(f)(1), Nov. 5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in all capital letters. 1987—Pub. L. 100–26, § 8(b)(2), Apr. 21, 1987, 101 Stat. 285, redesignated item 1013 ‘‘Payment date for pay and allowances’’ as 1014. 1986—Pub. L. 99–500, § 101(c) [title IX, § 9103(2)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–118, and Pub. L. 99–591, § 101(c) [title IX, § 9103(2)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–118, added item 1013, relating to payment date for pay and allowances. Pub. L. 99–399, title VIII, § 806(e)(2), Aug. 27, 1986, 100 Stat. 889, added item 1013, relating to payment of com- pensation for victims of terrorism. 1985—Pub. L. 99–145, title XIII, § 1303(b)(13)(C), Nov. 8, 1985, 99 Stat. 741, inserted ‘‘: pay of enlisted members of the National Guard’’ in item 1012. 1982—Pub. L. 97–258, § 2(i)(2)(A), Sept. 13, 1982, 96 Stat. 1061, added item 1012. 1980—Pub. L. 96–513, title V, §§ 506(9), 516(21), Dec. 12, 1980, 94 Stat. 2919, 2939, added items 1010 and 1011 and substituted ‘‘Force:’’ for ‘‘Force;’’ in item 1005. 1974—Pub. L. 93–419, § 4, Sept. 19, 1974, 88 Stat. 1152, added item 1009. 1965—Pub. L. 89–132, § 2(b), Aug. 21, 1965, 79 Stat. 547, added item 1008. § 1001. Regulations relating to pay and allow- ances (a) A Secretary of a military department may not prescribe a regulation under this title or any other law, relating to the pay and allowances of members of an armed force under that depart- ment, unless it has been approved under proce- dures prescribed by the Secretary of Defense. (b) Regulations of the Secretary concerned re- lating to pay and allowances matters, similar to those covered by subsection (a), for members of the Coast Guard, the National Oceanic and At- mospheric Administration, and the Public Health Service, shall, as far as practicable, con- form to regulations approved under that sub- section. (c) The Secretary of Defense, the Secretary of Homeland Security, the Secretary of Commerce, or the Secretary of Health and Human Services, may obtain from the Comptroller General an ad- visory opinion with respect to a proposed regu- lation especially affecting a department under that Secretary’s jurisdiction. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 89–718, §§ 49(a)(1), 69, Nov. 2, 1966, 80 Stat. 1121, 1123; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–513, title V, § 516(22), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1001(a) ..... 1001(b) ..... 1001(c) ..... 37:324 (1st sentence). 37:324 (2d sentence). 37:324 (less 1st and 2d sentences). Oct. 12, 1949, ch. 681, § 534; added Sept. 2, 1957, Pub. L. 85–272, § 4, 71 Stat. 597. In subsection (a), the words ‘‘within the Department of Defense’’ are omitted as surplusage. The words ‘‘members of the armed forces’’ are substituted for the words ‘‘military personnel’’. In subsection (b), the words ‘‘conform to’’ are sub- stituted for the words ‘‘agree with’’. In subsection (c), the words ‘‘or departments’’ are omitted, since, under section 1 of title 1, words import- ing the singular include and apply to several persons, parties, or things. Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘Sec- retary of Homeland Security’’ for ‘‘Secretary of Trans- portation’’. 1991—Subsec. (b). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (a)’’. 1980—Subsec. (b). Pub. L. 96–513, § 516(22)(A), sub- stituted ‘‘National Oceanic and Atmospheric Adminis- tration’’ for ‘‘Environmental Science Services Adminis- tration’’. Subsec. (c). Pub. L. 96–513, § 516(22)(B), substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Sec- retary of Health, Education, and Welfare’’. 1968—Subsec. (c). Pub. L. 90–623 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary of the Treas- ury’’.