37 U.S.C. § 501 — Payments for unused accrued leave

Page 212 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 491 L. 99–145, title XIII, § 1303(b)(10), Nov. 8, 1985, 99 Stat. 741; renumbered § 489 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(28), Dec. 31, 2011, 125 Stat. 1460, 1464; Pub. L. 112–239, div. A, title X, § 1076(a)(6), Jan. 2, 2013, 126 Stat. 1948, related to transportation for a minor dependent attending an overseas school on a dor- mitory basis. Section 490, added Pub. L. 98–94, title IX, § 910(a)(1), Sept. 24, 1983, 97 Stat. 638, § 430; amended Pub. L. 101–189, div. A, title VI, § 625(a), Nov. 29, 1989, 103 Stat. 1448; Pub. L. 101–510, div. A, title XIV, § 1484(e)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105–261, div. A, title VI, § 634, Oct. 17, 1998, 112 Stat. 2044; Pub. L. 106–398, § 1 [[div. A], title VI, § 646], Oct. 30, 2000, 114 Stat. 1654, 1654A–162; Pub. L. 107–107, div. A, title VI, § 639(a)–(c), title IX, § 931(c), Dec. 28, 2001, 115 Stat. 1148, 1200; Pub. L. 107–314, div. A, title VI, § 654(b)(6), Dec. 2, 2002, 116 Stat. 2582; Pub. L. 108–136, div. A, title VI, § 633, Nov. 24, 2003, 117 Stat. 1509; Pub. L. 108–375, div. A, title VI, § 633, Oct. 28, 2004, 118 Stat. 1957; renumbered § 490 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(29), Dec. 31, 2011, 125 Stat. 1460, 1464, related to transportation for eligible dependent children of one annual trip between certain schools and the member’s duty station outside the continental United States. Editorial Notes PRIOR PROVISIONS Act Aug. 1, 1953, cited as the source of subsec. (j) of section 476 in the Historical and Revision Notes, is known as the Department of Defense Appropriation Act, 1954. Similar provisions were contained in the fol- lowing prior appropriation acts: July 10, 1952, ch. 630, title VI, § 605, 66 Stat. 531. Oct. 18, 1951, ch. 512, title VI, § 605, 65 Stat. 445. Sept. 6, 1950, ch. 896, ch. X, title VI, § 605, 64 Stat. 752. Oct. 29, 1949, ch. 787, title VI, § 605, 63 Stat. 1017. June 24, 1948, ch. 632, 62 Stat. 652. July 30, 1947, ch. 357, title I, 61 Stat. 554. July 16, 1946, ch. 583, 60 Stat. 545. July 3, 1945, ch. 265, 59 Stat. 388. June 28, 1944, ch. 303, 58 Stat. 577. July 1, 1943, ch. 185, 57 Stat. 351. July 2, 1942, ch. 477, 56 Stat. 614. June 30, 1941, ch. 262, 55 Stat. 371. June 13, 1940, ch. 343, 54 Stat. 356. Apr. 26, 1939, ch. 88, 53 Stat. 598. June 11, 1938, ch. 347, 52 Stat. 647. July 1, 1937, ch. 423, 50 Stat. 448. [§ 491. Renumbered § 431] Editorial Notes CODIFICATION Section 491 of this title, which related to benefits for certain members assigned to the Defense Intelligence Agency, was originally section 431 of this title and was transferred to chapter 8 of this title by Pub. L. 112–81, div. A, title VI, § 631(d)(2), Dec. 31, 2011, 125 Stat. 1460, and renumbered section 491 of this title by Pub. L. 112–239, div. A, title X, § 1076(h)(2), Jan. 2, 2013, 126 Stat. 1955. Section 491 was repealed by Pub. L. 117–81, div. A, title VI, § 604(a), Dec. 27, 2021, 135 Stat. 1767. The section was revived to read as it did immediately before its re- peal and renumbered section 431 of this title by Pub. L. 117–263, div. A, title VI, § 615(a), Dec. 23, 2022, 136 Stat. 2624. The section was transferred to its original loca- tion in Chapter 7 of this title to reflect the probable in- tent of Congress. PRIOR PROVISIONS Provisions similar to section 491 were contained in section 192 of Title 10, Armed Forces, prior to enact- ment of section 491 by Pub. L. 99–145. [§§ 492 to 494. Repealed. Pub. L. 117–81, div. A, title VI, § 604(a), Dec. 27, 2021, 135 Stat. 1767] Section 492, added Pub. L. 99–661, div. A, title VI, § 615(a)(1), Nov. 14, 1986, 100 Stat. 3879, § 431; renumbered § 432, Pub. L. 100–26, § 8(b)(1), Apr. 21, 1987, 101 Stat. 285; amended Pub. L. 107–107, div. A, title IX, § 931(c), Dec. 28, 2001, 115 Stat. 1200; renumbered § 492 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(30), Dec. 31, 2011, 125 Stat. 1460, 1464, related to travel of a member under competent orders as an escort for the member’s dependent who is incapable of traveling alone because of age, mental or physical incapacity, or other extraor- dinary circumstances. Section 494, added Pub. L. 102–484, div. A, title VI, § 623(a)(1), Oct. 23, 1992, 106 Stat. 2422, § 434; renumbered § 494 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(31), Dec. 31, 2011, 125 Stat. 1460, 1464, re- lated to cost of subsistence incurred by the member while performing duties as an escort or member of an arms control inspection team of a foreign country while engaged in activities related to the implementa- tion of an arms control treaty or agreement. [§ 495. Renumbered § 435] CHAPTER 9—LEAVE Sec. 501. Payments for unused accrued leave. 502. Absences due to sickness, wounds, and certain other causes. 503. Absence without leave or over leave. 504. Cadets and midshipmen: chapter does not apply to. Editorial Notes AMENDMENTS 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. § 501. Payments for unused accrued leave (a) In this section, the term ‘‘discharge’’ means— (1) in the case of an enlisted member, separa- tion or release from active duty under honor- able conditions, termination of an enlistment in conjunction with the commencement of a successive enlistment (without regard to the date of the expiration of the term of the en- listment being terminated), or appointment as an officer; (2) in the case of an officer, separation or re- lease from active duty under honorable condi- tions; (3) in the case of either an officer or an en- listed member, death while on active duty un- less the decedent was put to death as lawful punishment for a crime or a military offense; (4) in the case of an officer or an enlisted member of a reserve component who is not serving on active duty, separation or release from the reserve component under honorable conditions, or death; and (5) in the case of an enlisted member of a re- serve component who is not serving on active duty, termination of enlistment in conjunc- tion with the commencement of a successive enlistment, or appointment as an officer. (b)(1) A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or Na- tional Oceanic and Atmospheric Administration, Page 213 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 501 1 See Change of Name note below. who has accrued leave to the member’s credit at the time of the member’s discharge, is entitled to be paid in cash or by a check on the Treasurer of the United States for such leave on the basis of the basic pay to which the member was enti- tled on the date of discharge. (2) Payment may not be made under this sub- section to a member who is discharged for the purpose of accepting an appointment or a war- rant in any uniformed service. (3) Payment may not be made to a member for any leave he elects to have carried over to a new enlistment in any uniformed service on the day after the date of his discharge; but payment may be made to a member for any leave he elects not to carry over to a new enlistment. However, the number of days of leave for which payment is made may not exceed sixty, less the number of days for which payment was pre- viously made under this section after February 9, 1976. (4) A member to whom a payment may not be made under this subsection, or a member who reverts from officer to enlisted status, carries the accrued leave standing to his credit from the one status to the other within any uniformed service. (5) The limitation in the second sentence of paragraph (3) and in subsection (f) shall not apply with respect to leave accrued— (A) by a member of a reserve component while serving on active duty in support of a contingency operation; (B) by a member of the armed forces in the Retired Reserve while serving on active duty in support of a contingency operation; (C) by a retired member of the Regular Army, Regular Navy, Regular Air Force, Reg- ular Marine Corps, or Regular Space Force or a member of the Fleet Reserve or Fleet Marine Corps Reserve while the member is serving on active duty in support of a contingency oper- ation; or (D) by a member of a reserve component while serving on active duty, full-time Na- tional Guard duty, or active duty for training for a period of more than 30 days but not in ex- cess of 365 days. (6) An enlisted member of the armed forces who would lose accumulated leave in excess of 90 days of leave under section 701(e) of title 10 may elect to be paid in cash or by a check on the Treasurer of the United States for any leave in excess so accumulated for up to 30 days of such leave. A member may make an election under this paragraph only once. (c) Unused accrued leave for which payment is made under subsection (b) is not considered as service for any purpose. (d)(1) Payments for unused accrued leave under subsections (b) and (g), in the case of a member who dies while on active duty or in the case of a member or former member who dies after retirement or discharge and before he re- ceives that payment, shall be made in accord- ance with section 2771 of title 10. In the case of a member who dies while on active duty, pay- ment for unused accrued leave under subsections (b) and (g) shall be based upon the unused ac- crued leave the member carried forward into the leave year during which he died plus the unused leave that accrued to him during that leave year. (2) The limitations in the second sentence of subsection (b)(3), subsection (f), and the second sentence of subsection (g) shall not apply with respect to a payment made under this sub- section. (e)(1) A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or Na- tional Oceanic and Atmospheric Administration who is discharged under other than honorable conditions forfeits all accrued leave to his credit at the time of his discharge. (2) The Secretary concerned may require that a member of a uniformed service who is dis- charged before completing six months of active duty because of a failure to serve satisfactorily (as determined by the Secretary concerned) for- feit all accrued leave to his credit at the time of his discharge. (f) The number of days upon which payment under subsection (b) or (g) is based may not ex- ceed sixty, less the number of days for which payment has been previously made under such subsections after February 9, 1976. For the pur- poses of this subsection, the number of days upon which payment may be based shall be de- termined without regard to any break in service or change in status in the uniformed services. (g) An officer of the Regular Corps of the Pub- lic Health Service, or an officer of the Reserve Corps 1 of the Public Health Service on active duty, who is credited with accumulated and ac- crued annual leave on the date of his separation, retirement, or release from active duty, shall, if his application for that leave is approved by the Secretary of Health and Human Services, be paid for that leave in a lump-sum on the basis of his basic pay, subsistence allowance, and allow- ance for quarters whether or not he is receiving that allowance on that date. However, the num- ber of days upon which the lump-sum payment is based is subject to subsection (f). A lump-sum payment may not be made under this subsection to an officer— (1) whose appointment expires or is termi- nated and who, without a break in active serv- ice, accepts a new appointment; (2) who is retired for age in time of war and is continued on, or recalled to, active duty without a break in active service; or (3) who is transferred to another department or agency of the United States under cir- cumstances in which, by any other law, his leave may be transferred. In this subsection, the term ‘‘accumulated an- nual leave’’ means unused accrued annual leave carried forward from one leave year into the next leave year, and the term ‘‘accrued annual leave’’ means the annual leave accruing to an officer during one leave year. (h) Payment shall be made for all leave accu- mulated under section 701(f) of title 10 as soon as possible after the name of the person concerned is removed from a missing status, as defined in section 551(2) of this title. Page 214 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 501 (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 480; Pub. L. 89–151, §§ 1, 2, Aug. 28, 1965, 79 Stat. 586; Pub. L. 89–718, §§ 49(a)(1), 65, Nov. 2, 1966, 80 Stat. 1121, 1123; Pub. L. 92–596, § 2, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 94–361, title III, § 304(a)–(g), July 14, 1976, 90 Stat. 925, 926; Pub. L. 96–513, title V, § 516(14), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 98–525, title VI, § 606(a), Oct. 19, 1984, 98 Stat. 2537; Pub. L. 99–145, title VI, § 682, Nov. 8, 1985, 99 Stat. 665; Pub. L. 100–26, § 8(e)(6), (9), Apr. 21, 1987, 101 Stat. 286, 287; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, § 637, Dec. 5, 1991, 105 Stat. 1383; Pub. L. 104–106, div. A, title VI, § 641, Feb. 10, 1996, 110 Stat. 368; Pub. L. 106–65, div. A, title VI, § 671, Oct. 5, 1999, 113 Stat. 674; Pub. L. 107–107, div. A, title VI, § 651(a), Dec. 28, 2001, 115 Stat. 1152; Pub. L. 110–181, div. A, title V, § 551(d), Jan. 28, 2008, 122 Stat. 117; Pub. L. 111–383, div. A, title V, § 516(b), Jan. 7, 2011, 124 Stat. 4213; Pub. L. 112–239, div. A, title X, § 1076(h)(3), Jan. 2, 2013, 126 Stat. 1955; Pub. L. 116–283, div. A, title IX, § 925(g)(1)(A), (2), (3)(A), Jan. 1, 2021, 134 Stat. 3827, 3828; Pub. L. 117–263, div. A, title VI, § 631(c)(2)(A), Dec. 23, 2022, 136 Stat. 2631.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 501(a) ...... 37:32(b), (d), (e), and (h). Aug. 9, 1946, ch. 931, § 2(b), (d), (e), (g), and (h), 60 Stat. 963; June 19, 1948, ch. 541, § 1(a), 62 Stat. 506. 501(b) ...... 37:33(c) (less 3d and last sentences). 37:32(g). Aug. 9, 1946, ch. 931, § 4(c), (d), 60 Stat. 964; restated Aug. 4, 1947, ch. 475, § 1 (less 1st 2 pars.), 61 Stat. 748; July 24, 1956, ch. 682, § 1, 70 Stat. 625. 37:39 (less last proviso). Aug. 17, 1949, ch. 452, § 1 (less last proviso), 63 Stat. 611. 501(c) ...... 37:33(c) (3d sentence). 501(d) ...... 37:33(c) (last sentence). 501(e) ...... 37:33(d). 501(f) ....... 37:31a(b) (proviso). Aug. 9, 1946, ch. 931, § 3(b) (proviso); added Sept. 23, 1950, ch. 998, § 1 (pro- viso), 64 Stat. 979. 501(g) ...... 42:210–1(c) (last sen- tence). 42:210–1(d) (as applicable to 42:210–1(c) (last sen- tence)). July 1, 1944, ch. 373, § 219(c) (last sentence), (d) (as applicable to (c) (last sentence)); added Aug. 9, 1950, ch. 654, § 2 (last sentence of 3d par., and 4th par., as applicable to last sen- tence of 3d par.), 64 Stat. 426. In subsection (a), the word ‘‘officer’’ is substituted for the words ‘‘commissioned officer or warrant officer’’, in section 32(b) of existing title 37. The words ‘‘persons may be treated as parents for the purposes of this clause’’ are substituted for the words ‘‘parents may re- ceive the benefits provided under said sections’’ in sec- tion 32(e) of existing title 37. In subsections (b)–(d) and (f), the word ‘‘payment’’ is substituted for the word ‘‘settlement’’. In subsection (b), the words ‘‘in pay grade E–9, E–8, E–7, E–6, or E–5 with dependents, an allowance com- puted at the rate of $1.25 a day for quarters’’ are sub- stituted for the words ‘‘the allowances as provided for such enlisted persons in subsection (a)’’. The words ‘‘after August 31, 1946’’ are omitted as executed. The word ‘‘basic’’ is substituted for the words ‘‘base and longevity’’ to reflect current terminology. In subsection (c), the word ‘‘accrued’’ is inserted to conform to subsection (b). The words ‘‘and compensated for in cash’’ are omitted as surplusage. In subsection (d), the words ‘‘and compensation’’ and ‘‘of the Armed Forces’’ are omitted as surplusage. The words ‘‘before he receives’’ are substituted for the words ‘‘without having received’’. In subsection (f), the words ‘‘cash’’ and ‘‘unused or ac- cumulated’’ are omitted as surplusage. The words ‘‘sub- sequent to August 31, 1946’’ are omitted as executed. In subsection (g), the word ‘‘retirement’’ is omitted as covered by the words ‘‘separation or release from ac- tive duty’’. The words ‘‘under this subsection’’ are sub- stituted for the words ‘‘for such unused leave’’. The word ‘‘appointment’’ is substituted for the word ‘‘com- mission’’. Editorial Notes AMENDMENTS 2022—Subsec. (b)(6). Pub. L. 117–263, § 631(c)(2)(A)(i), substituted ‘‘90 days of leave under section 701(e)’’ for ‘‘120 days of leave under section 701(f)(1)’’. Subsec. (h). Pub. L. 117–263, § 631(c)(2)(A)(ii), sub- stituted ‘‘section 701(f)’’ for ‘‘section 701(g)’’. 2021—Subsec. (b)(1). Pub. L. 116–283, § 925(g)(3)(A), sub- stituted ‘‘the member’s’’ for ‘‘his’’ in two places and ‘‘the member’’ for ‘‘he’’. Pub. L. 116–283, § 925(g)(1)(A), which directed insertion of ‘‘Space Force,’’ after ‘‘Marines Corps,’’, was executed by making the insertion after ‘‘Marine Corps,’’ to re- flect the probable intent of Congress. Subsec. (b)(5)(C). Pub. L. 116–283, § 925(g)(2), sub- stituted ‘‘Regular Marine Corps, or Regular Space Force’’ for ‘‘or Regular Marine Corps’’. Subsec. (e)(1). Pub. L. 116–283, § 925(g)(1)(A), which di- rected insertion of ‘‘Space Force,’’ after ‘‘Marines Corps,’’, was executed by making the insertion after ‘‘Marine Corps,’’ to reflect the probable intent of Con- gress. 2013—Subsec. (a)(5). Pub. L. 112–239 substituted ‘‘a re- serve component’’ for ‘‘a reserve a component’’. 2011—Subsec. (a)(4), (5). Pub. L. 111–383 added pars. (4) and (5). 2008—Subsec. (b)(6). Pub. L. 110–181 added par. (6). 2001—Subsec. (b)(5)(D). Pub. L. 107–107 added subpar. (D). 1999—Subsec. (a)(1). Pub. L. 106–65, § 671(1), inserted ‘‘, termination of an enlistment in conjunction with the commencement of a successive enlistment (without regard to the date of the expiration of the term of the enlistment being terminated),’’ after ‘‘honorable condi- tions’’. Subsec. (b)(2). Pub. L. 106–65, § 671(2), struck out ‘‘, or entering into an enlistment,’’ after ‘‘or a warrant’’. 1996—Subsec. (d)(1). Pub. L. 104–106, § 641(a)(1), struck out at end ‘‘Except as provided in paragraph (2), the number of days upon which payment is based is subject to subsection (f).’’ Subsec. (d)(2). Pub. L. 104–106, § 641(a)(2), added par. (2) and struck out former par. (2) which read as follows: ‘‘In the case of a member of the uniformed services who dies as a result of an injury or illness incurred while serving on active duty in support of a contingency op- eration, the limitations in the second sentence of sub- section (b)(3), subsection (f), and the second sentence of subsection (g) shall not apply with respect to a pay- ment made under this subsection for leave accrued dur- ing the contingency operation.’’ Subsec. (f). Pub. L. 104–106, § 641(b), struck out ‘‘, (d),’’ before ‘‘or (g) is based’’. 1991—Subsec. (b)(5). Pub. L. 102–190, § 637(b), added par. (5). Subsec. (c). Pub. L. 102–25, § 702(b)(1), struck out ‘‘of this section’’ after ‘‘subsection (b)’’. Subsec. (d). Pub. L. 102–190, § 637(a), designated exist- ing provisions as par. (1), substituted ‘‘Except as pro- vided in paragraph (2),’’ for ‘‘However,’’, and added par. (2). Pub. L. 102–25, § 702(b)(1), struck out ‘‘of this section’’ after ‘‘subsections (b) and (g)’’ in two places. Page 215 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 501 Subsec. (f). Pub. L. 102–25, § 702(b)(1), struck out ‘‘of this section’’ after ‘‘subsection (b), (d), or (g)’’. 1987—Subsec. (a). Pub. L. 100–26, § 8(e)(6), inserted ‘‘the term’’ after ‘‘In this section,’’. Subsec. (g). Pub. L. 100–26, § 8(e)(9), inserted ‘‘the term’’ before ‘‘ ‘accumulated annual leave’ ’’ and ‘‘ ‘ac- crued annual leave’ ’’. 1985—Subsecs. (b)(3), (f). Pub. L. 99–145 substituted ‘‘February 9, 1976’’ for ‘‘September 1, 1976’’. 1984—Subsec. (e). Pub. L. 98–525, § 606(a), designated existing provisions as par. (1) and added par. (2). 1980—Subsec. (b)(3). Pub. L. 96–513, § 516(14)(A), sub- stituted ‘‘September 1, 1976’’ for ‘‘the first day of the second calendar month following the month in which the Department of Defense Appropriation Authoriza- tion Act, 1977, was enacted’’. Subsec. (d). Pub. L. 96–513, § 516(14)(B), substituted ‘‘unused’’ for ‘‘unusued’’. Subsec. (f). Pub. L. 96–513, § 516(14)(A), (C), substituted ‘‘September 1, 1976’’ for ‘‘the first day of the second cal- endar month following the month in which the Depart- ment of Defense Appropriation Authorization Act, 1977, was enacted’’, and inserted ‘‘of this section’’ after ‘‘(g)’’. Subsec. (g). Pub. L. 96–513, § 516(14)(C), substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Sur- geon General’’. 1976—Subsec. (a). Pub. L. 94–361, § 304(a), (b), struck out cl. (1) designation for existing provisions, made def- inition applicable to the section rather than to subsecs. (b) to (f) of this section, and redesignated as cls. (1), (2), and (3) former subcls. (A), (B), and (C); and struck out former cls. (2), (3), and (4) defining ‘‘child’’, ‘‘parent’’, and ‘‘brother or sister’’, respectively. Subsec. (b). Pub. L. 94–361, § 304(c), in revising text, incorporated in provisions designated par. (1) provi- sions of former first and second sentences for payments for unused accrued leave of officers and enlisted mem- bers, striking out consideration of allowances to offi- cers and of allowances to enlisted members computed at rate of 70 cents a day for subsistence and of allow- ance to enlisted members in pay grades E–9 through E–5 with dependents at rate of $1.25 for quarters, and substituting ‘‘National Oceanic and Atmospheric Ad- ministration’’ for ‘‘Environmental Science Services Ad- ministration’’; incorporated in par. (2) provisions of item (1) of former third sentence, substituting ‘‘in any uniformed service’’ for ‘‘in his armed force’’; incor- porated in par. (3) provisions of item (2) of former third sentence, substituting ‘‘in any uniformed service’’ for ‘‘in his armed force’’ and inserting provisions for pay- ment for leave not carried over to a new enlistment and prescribing number of days of leave for which payment may be made; and designated last (the fourth) sentence as par. (4), substituting ‘‘within any uniformed service’’ for ‘‘within his armed force’’. Subsec. (d). Pub. L. 94–361, § 304(d), substituted provi- sion making the number of days upon which payment is based subject to subsec. (f) for provision limiting to not more than 60 the number of days upon which the payment is based. Subsec. (e). Pub. L. 94–361, § 304(e), substituted ‘‘Na- tional Oceanic and Atmospheric Administration’’ for ‘‘Environmental Science Services Administration’’. Subsec. (f). Pub. L. 94–361, § 304(f), added subsec. (f). Former subsec. (f), prohibiting payment for leave in ex- cess of 60 days upon discharge or retirement, was struck out. Subsec. (g). Pub. L. 94–361, § 304(g), substituted provi- sion making the number of days upon which the lump- sum payment is based subject to subsec. (f) for provi- sion limiting to not more than 60 the number of days upon which the lump-sum payment is based. 1972—Subsec. (d). Pub. L. 92–596, § 2(1), inserted ref- erence to accumulated leave under subsection (h) of this section. Subsec. (h). Pub. L. 92–596, § 2(2), added subsec. (h). 1966—Subsecs. (b), (e). Pub. L. 89–718, § 49(a)(1), sub- stituted ‘‘Environmental Science Services Administra- tion’’ for ‘‘Coast and Geodetic Survey’’. Subsec. (d). Pub. L. 89–718, § 65, substituted ‘‘60’’ for ‘‘sixty’’. 1965—Subsec. (a)(1). Pub. L. 89–151, § 1, added subpar. (C). Subsec. (d). Pub. L. 89–151, § 2, included members who die while on active service and payments for unused ac- crued leave of members of the Public Health Service, substituted provisions referring to section 2771 of title 10 to find the mode of payment for provision spelling out the mode of payment in detail, omitted provisions prohibiting payment under this section in the event of no survivor and making valid any payments to sur- vivors between the ages of 17 and 21, and inserted provi- sions basing payment for unused leave in the event of members dying while on active duty upon accrued leave carried forward into the year plus leave accruing during the year with a limit of 60 days. 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. EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–232 effective Jan. 1, 2023, see section 631(d) of Pub. L. 117–263, set out as a note under section 701 of Title 10, Armed Forces. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title VI, § 651(b), Dec. 28, 2001, 115 Stat. 1153, provided that: ‘‘Subparagraph (D) of sec- tion 501(b)(5) of title 37, United States Code, as added by subsection (a)(3), shall apply with respect to periods of active duty beginning on or after October 1, 2001.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title VI, § 606(b), Oct. 19, 1984, 98 Stat. 2538, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply in the case of members of the uniformed service (as defined in section 101(3) of title 37, United States Code) who enlist or are commissioned on or after the date of the enact- ment of this Act [Oct. 19, 1984].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–596 effective Feb. 28, 1961, see section 3 of Pub. L. 92–596, set out as a note under section 701 of Title 10, Armed Forces. EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89–151, § 4, Aug. 28, 1965, 79 Stat. 586, provided that: ‘‘This Act [amending this section and section 701 of Title 10, Armed Forces] applies only in the case of members who die on or after the date of enactment [Aug. 28, 1965].’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, set out as a note under section 542 of Title 6. TREATMENT OF ACCUMULATED LEAVE IN CONNECTION WITH ACTIVE DUTY DURING PERSIAN GULF CONFLICT Pub. L. 102–25, title III, § 309(a), Apr. 6, 1991, 105 Stat. 83, provided that: ‘‘In the case of a member of the uni- Page 216 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 502 formed services who dies as a result of an injury or ill- ness incurred while serving on active duty during the Persian Gulf conflict, the limitation in the second sen- tence of subsection (b)(3) of section 501 of title 37, United States Code, and in subsection (f) of that sec- tion shall not apply with respect to a payment made pursuant to subsection (d) of that section for leave ac- crued during fiscal year 1990 or 1991.’’ Pub. L. 101–510, div. A, title XI, § 1115, Nov. 5, 1990, 104 Stat. 1636, as amended by Pub. L. 102–25, title III, §§ 309(b), 314(1), (3), Apr. 6, 1991, 105 Stat. 83, 86, provided that: ‘‘(a) INAPPLICABILITY OF ELIGIBILITY LIMITATION.—The limitation in the second sentence of subsection (b)(3) of section 501 of title 37, United States Code, and in sub- section (f) of that section does not apply with respect to the following leave: ‘‘(1) Leave accrued by a member of a reserve compo- nent of the Armed Forces while serving on active duty (other than for training) in connection with the Persian Gulf conflict pursuant to an order to active duty authorized under section 672, 673, 673b, or 674 [now 12301, 12302, 12304, or 12306] of title 10, United States Code. ‘‘(2) Leave accrued by a member of the Armed Forces in the Retired Reserve while serving on active duty in connection with the Persian Gulf conflict pursuant to an order to active duty authorized by section 675 [now 12307] of title 10, United States Code. ‘‘(3) Leave accrued by a retired member of the Reg- ular Army, Regular Navy, Regular Air Force, or Reg- ular Marine Corps, a member of the Retired Reserve, or a member of the Fleet Reserve or Fleet Marine Corps Reserve while such retired member or member, as the case may be, is serving on active duty in con- nection with the Persian Gulf conflict pursuant to an order to active duty authorized by section 688 of title 10, United States Code. ‘‘(4) Leave accrued by a member referred to in para- graph (1), (2), or (3) while serving on active duty (other than for training) in connection with the Per- sian Gulf conflict pursuant to an order to such active duty issued with the consent of the member during a period in which members of the Armed Forces are being ordered to active duty in connection with such operation pursuant to a provision of title 10, United States Code, referred to in such paragraph. ‘‘(b) SAVING PROVISION FOR CERTAIN ACCRUED LEAVE.—(1) Subject to paragraph (2), a member of the Armed Forces who, under section 701(f) of title 10, United States Code— ‘‘(A) would lose any accumulated leave in excess of 60 days at the end of fiscal year 1991 shall be per- mitted to retain such leave until the end of fiscal year 1992; or ‘‘(B) would lose any accumulated leave in excess of 60 days at the end of fiscal year 1992 (other than by reason of clause (A)) shall be permitted to retain such leave until the end of fiscal year 1993. ‘‘(2) In no case may a member be permitted to accu- mulate leave under this section in excess of 90 days. ‘‘(c) REGULATIONS.—The Secretary of Defense shall prescribe regulations establishing standards and proce- dures for the administration of this section.’’ [Pub. L. 102–25, title III, § 309(c), Apr. 6, 1991, 105 Stat. 83, provided that: ‘‘The amendment made by subsection (b) [amending section 1115(a) of Pub. L. 101–510, set out above] shall take effect as of November 5, 1990.’’] OPTIONS OF MEMBERS AS TO BASIS OF PAYMENT FOR ACCRUED LEAVE Pub. L. 94–361, title III, § 304(h), July 14, 1976, 90 Stat. 926, provided that: ‘‘Notwithstanding the provisions of section 501(b)(1) of title 37, United States Code, as amended by subsection (c), and subject to the limita- tions prescribed in section 501(b)(3) of such title, as amended by subsection (c), any leave accrued by any member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Ad- ministration prior to the first day of the second cal- endar month following the month [July, 1976] in which this section is enacted shall, at the option of such member, be paid for on the same basis such leave would have been paid for under the provisions of section 501(b) of title 37, United States Code, on the day prior to the first day of the second calendar month following the month in which this section is enacted’’. § 502. Absences due to sickness, wounds, and cer- tain other causes (a) A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or Na- tional Oceanic and Atmospheric Administration, who is absent because of sickness or wounds, or who is directed by the Secretary concerned, or the Secretary’s designated representative, to be absent from duty to await orders pending dis- ability retirement proceedings for a period that is longer than the leave authorized by section 701 of title 10, is entitled to the pay and allow- ances to which the member would be entitled if the member were not so absent. A member who is absent with leave for any other reason for not longer than the leave authorized by that section is entitled to the same pay and allowances to which the member would be entitled if the mem- ber were not on leave, and to any additional al- lowances otherwise provided by law for members on leave. (b) Except as provided in subsection (a) and section 701(g) of title 10, a member who is au- thorized by the Secretary concerned, or the Sec- retary’s designated representative, to be absent for a period that is longer than the leave author- ized by section 701 of title 10 is not entitled to pay or allowances during the part of the mem- ber’s absence that is more than the number of days’ leave authorized by that section. Nothing in this subsection may be construed to deprive a member, detailed or assigned by the Secretary concerned as a full-time student at a civilian in- stitution to pursue a program of education that is substantially the same as a program of edu- cation offered to civilians, of pay or allowances to which such member is entitled. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 482; Pub. L. 89–718, § 49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 96–513, title V, § 516(15), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 99–661, div. A, title V, § 506(b), Nov. 14, 1986, 100 Stat. 3865; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 116–283, div. A, title IX, § 925(g)(1)(B), (3)(B), Jan. 1, 2021, 134 Stat. 3827, 3828; Pub. L. 117–263, div. A, title VI, § 631(c)(2)(B), Dec. 23, 2022, 136 Stat. 2631; Pub. L. 118–159, div. A, title V, § 552(c), Dec. 23, 2024, 138 Stat. 1894.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 502(a) ...... 37:33(b) (1st and last sen- tences). 37:39 (less last proviso). Aug. 9, 1946, ch. 931, § 4(b) (less 3d sentence); re- stated Aug. 4, 1947, ch. 475, § 1 (2d par., less 3d sentence), 61 Stat. 748. 37:32(f) (last 8 words). Aug. 9, 1946, ch. 931, § 2(f) (last 8 words), 60 Stat. 963. 502(b) ...... 37:33(b) (2d sentence). Aug. 17, 1949, ch. 452, § 1 (less last proviso), 63 Stat. 611.