37 U.S.C. § 902 — Pay of crews of wrecked or lost naval ves-

Page 233 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 902 pay by members of naval service. See section 701 of this title. CHAPTER 17—MISCELLANEOUS RIGHTS AND BENEFITS Sec. 901. Wartime pay of officer of armed force exer- cising command higher than his grade. 902. Pay of crews of wrecked or lost naval vessels. 903. Retired members recalled to active duty; former members. [904. Repealed.] 905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances. 906. Extension of enlistment: effect on pay and al- lowances. 907. Enlisted members and warrant officers ap- pointed as officers: pay and allowances sta- bilized. 908. Reserves and retired members: acceptance of employment, payments, and awards from foreign governments. 909. Special and incentive pay: payment at unre- duced rates during suspension of personnel laws. 910. Replacement of lost income: involuntarily mobilized reserve component members sub- ject to extended and frequent active duty service. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title VI, § 641(c)(2), Jan. 1, 2021, 134 Stat. 3684, substituted ‘‘Reserves and retired members: acceptance of employment, payments, and awards from foreign governments’’ for ‘‘Employment of reserves and retired members by foreign governments’’ in item 908. 2006—Pub. L. 109–163, div. A, title VI, § 614(b), Jan. 6, 2006, 119 Stat. 3293, added item 910. 2001—Pub. L. 107–107, div. A, title VI, § 623(a)(2), Dec. 28, 2001, 115 Stat. 1143, added item 909. 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. 1982—Pub. L. 97–295, § 3(6)(B), Oct. 12, 1982, 96 Stat. 1304, added item 908. 1980—Pub. L. 96–513, title V, § 506(8), Dec. 12, 1980, 94 Stat. 2919, struck out item 904 ‘‘Officers of Navy or Ma- rine Corps promoted under chapter 545 of title 10: effec- tive date of beginning of pay and allowances’’ and sub- stituted ‘‘Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and al- lowances’’ for ‘‘Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of be- ginning of pay and allowances’’ in item 905. Pub. L. 96–343, § 6(a)(2), Sept. 8, 1980, 94 Stat. 1127, sub- stituted ‘‘and warrant officers appointed as officers:’’ for ‘‘appointed as officers;’’ in item 907. 1970—Pub. L. 91–484, § 1(2), Oct. 21, 1970, 84 Stat. 1084, added item 907. § 901. Wartime pay of officer of armed force exer- cising command higher than his grade In time of war, an officer of an armed force who is serving with troops operating against an enemy and who exercises, under assignment in orders issued by competent authority, a com- mand above that pertaining to his grade, is enti- tled to the pay and allowances (not above that of pay grade O–7) appropriate to the command so exercised. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 901 .......... 37:235a. Apr. 26, 1898, ch. 191, § 7 (less last proviso), 30 Stat. 365. Applicability of the source law to the Air Force is based on Transfer Order No. 25(zzz), of the Secretary of Defense, dated October 14, 1948. Its applicability, other than to the Army and the Air Force, is based upon an opinion of the Judge Advocate General of the Navy, JAG 135: DDC; dmt.; 4229, dated July 29, 1960. The words ‘‘(but not above that of pay grade O–7)’’ are substituted for section 235a (proviso) of existing title 37. § 902. Pay of crews of wrecked or lost naval ves- sels (a) When the accounts of the disbursing officer of a naval vessel are lost as a result of the de- struction of the vessel, his return for the last month may, unless there is official evidence to the contrary, be used in computing later credits to and settling accounts of persons, other than officers, carried on his accounts. If the return for the last month has not been made, the pay accounts may be settled on principles of equity and justice. (b) When a naval vessel is lost or has not been heard from for so long that her loss may be pre- sumed, the Secretary of the Navy may fix the date of loss of the vessel for the purpose of set- tling the accounts of persons aboard other than officers. (c) When the crew of a naval vessel is sepa- rated from that vessel because of her wreck, loss, or destruction, the pay and emoluments of those officers and enlisted members that the Secretary considers (because of the sentence of a court-martial or the finding of a court of in- quiry, or by other satisfactory evidence) to have done their utmost to save the vessel and, after the wreck, loss, or destruction, to have behaved themselves according to the discipline of the Navy, continue and shall be paid to them until their discharge or death, whichever is earlier. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 486; Pub. L. 104–316, title I, § 118, Oct. 19, 1996, 110 Stat. 3836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 902(a) ...... 902(b) ...... 902(c) ...... 10:6144. 10:6145. 37:243. [None.] [None.] R.S. 1574. In subsections (a) and (c), the words ‘‘naval vessel’’ are substituted for the words ‘‘any vessel of the United States’’, in section 243 of existing title 37, and the words ‘‘vessel in the employ of the United States’’, in section 6144 of title 10, for clarity and to conform to subsection (b). In subsection (c), the word ‘‘continues’’ is substituted for the words ‘‘go on’’. The words ‘‘whichever is ear- lier’’ are inserted for clarity. The words ‘‘or the find- ings of a’’ are inserted since a court of inquiry cannot impose a sentence. Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–316 substituted ‘‘the Secretary of the Navy may’’ for ‘‘the General Account- Page 234 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 903 ing Office, under the direction of the Secretary of the Navy, may’’. § 903. Retired members recalled to active duty; former members A retired member or former member of a uni- formed service, or a member of the Fleet Re- serve or Fleet Marine Corps Reserve, who is serving on active duty is entitled to the pay and allowances to which he is entitled, under this title, for the grade, rank, or rating in which he is serving. In addition, while on active duty, he is entitled to the pay and allowances, while on leave of absence or while sick, of a member of a uniformed service of similar grade, rank, or rat- ing who is entitled to basic pay. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 487.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 903 .......... 37:314. Oct. 12, 1949, ch. 681, § 514, 63 Stat. 831. The word ‘‘rating’’ is inserted for clarity. The words ‘‘is entitled to’’ are substituted for the words ‘‘shall . . . be entitled to receive and have the same . . . rights’’. The last 41 words of section 314 of existing title 37 are omitted, since the sections mentioned therein were repealed by section 53(b) of the Act of August 10, 1956, ch. 1041 (70A Stat. 646). The subject of death bene- fits and entitlement thereto is now covered by chapter 75 of title 10. [§ 904. Repealed. Pub. L. 96–513, title IV, § 403(a), Dec. 12, 1980, 94 Stat. 2904] Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 487; Pub. L. 90–130, § 3(2), Nov. 8, 1967, 81 Stat. 383; Pub. L. 90–623, § 3(8), Oct. 22, 1968, 82 Stat. 1315, set forth provisions re- lating to effective date of beginning of pay and allow- ances of officers of Navy or Marine Corps promoted under chapter 545 of Title 10, Armed Forces. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, but with authority to prescribe regulations under the amendment by section 403(a) of Pub. L. 96–513 effective on Dec. 12, 1980, see sec- tion 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces. § 905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances (a) A reserve officer who is promoted under chapter 1405 of title 10 to a grade above lieuten- ant (junior grade) in the Navy Reserve or above first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he becomes eligible for promotion to that grade. (b) A reserve officer who is promoted under section 14308(b) of title 10 to the grade of lieu- tenant (junior grade) in the Navy Reserve or first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the higher grade for duty performed from the date given him as his date of rank. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 488; Pub. L. 95–377, § 9, Sept. 19, 1978, 92 Stat. 721; Pub. L. 96–513, title IV, § 403(b), Dec. 12, 1980, 94 Stat. 2904; Pub. L. 103–337, div. A, title XVI, § 1676(b)(3), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 109–163, div. A, title V, § 515(d)(1)(F), Jan. 6, 2006, 119 Stat. 3236.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 905(a) ...... 10:6141. [None.] 905(b) ...... 10:5907. [None.] 905(c) ...... 10:5908(a) (last sentence). [None.] 905(d) ...... 10:5788(c). [None.] 905(e) ...... 10:5787b(c). [None.] 905(f) ....... 10:5505(c). [None.] 905(g) ...... 10:5597(h) (last sentence). [None.] 10:5597(i) (last 21 words). [None.] 905(h) ...... 10:5787(g) (last 21 words). [None.] 10:5787(h) (last sentence). [None.] Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in two places. 1994—Subsec. (a). Pub. L. 103–337, § 1676(b)(3)(A), sub- stituted ‘‘chapter 1405’’ for ‘‘chapter 549’’. Subsec. (b). Pub. L. 103–337, § 1676(b)(3)(B), substituted ‘‘section 14308(b)’’ for ‘‘section 5908’’. 1980—Pub. L. 96–513 substituted ‘‘Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances’’ for ‘‘Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allow- ances’’ in section catchline, and generally revised and restructured section, and as part of such restructuring struck out former subsec. (a), redesignated former sub- secs. (b) and (c) as subsecs. (a) and (b), respectively, and, in subsec. (a) as so redesignated, struck out second sentence which related to establishment of an officer’s professional and moral qualifications, and struck out former subsecs. (d) to (h). 1978—Subsec. (h). Pub. L. 95–377 inserted reference to section 5787d. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513, and otherwise to allow for an orderly transition to the system of officer personnel manage- ment put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces. § 906. Extension of enlistment: effect on pay and allowances A member of the Army, Navy, Air Force, Ma- rine Corps, Space Force, or Coast Guard, as the