37 U.S.C. § 209 — Members of precommissioning programs

Page 24 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 206a § 206a. Pay of members of reserve components for inactive-duty training to obtain or main- tain an aeronautical rating or designation Under regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation. (Added Pub. L. 118–31, div. A, title VI, § 602(a), Dec. 22, 2023, 137 Stat. 289.) § 207. Band leaders (a) The leader of the Army Band is entitled to the basic pay of a captain in the Army. (b) The leader of the United States Navy Band is entitled to the basic pay of a lieutenant in the Navy. (c) A member of the Marine Corps who is ap- pointed as director or assistant director of the United States Marine Band under section 8287 of title 10 is entitled, while serving thereunder, only to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less that to which he was entitled at the time of his appointment under that section. (d) The leader of the Naval Academy Band is entitled to the basic pay of the grade the Sec- retary of the Navy prescribes. The second leader is entitled to the basic pay of a warrant officer, W–1. (e) The director of the Coast Guard Band is en- titled to the basic pay of an officer in the grade in which he is serving. However, his basic pay may not be less than that to which he was enti- tled at the time of his appointment as director. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 460; Pub. L. 89–189, § 2, Sept. 17, 1965, 79 Stat. 820; Pub. L. 95–551, § 3(b)(1), Oct. 30, 1978, 92 Stat. 2069; Pub. L. 115–232, div. A, title VIII, § 809(m)(1), Aug. 13, 2018, 132 Stat. 1843.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 207(a) ...... 10:3536(b) (as applicable to basic pay). [None.] 207(b) ...... 10:4338(a) (as applicable to basic pay). [None.] 207(c) ...... 10:6221(b) (as applicable to basic pay). [None.] 207(d) ...... 10:6222(e) (as applicable to basic pay). [None.] 207(e) ...... 10:6969(b) (less last sen- tence, as applicable to basic pay). [None.] In subsection (a), the last 22 words of section 3536(b) of title 10 are omitted as covered by section 205 of this revised title. In subsection (b), the last sentence of section 4338(a) of title 10 is omitted as covered by section 205 of this revised title. In subsection (c), the last 22 words of section 6221(b) of title 10 are omitted as covered by section 205 of this revised title. In subsection (e), the 2d sentence of section 6969(b) of title 10 is omitted as covered by section 205 of this re- vised title. Editorial Notes AMENDMENTS 2018—Subsec. (c). Pub. L. 115–232 substituted ‘‘section 8287 of title 10’’ for ‘‘section 6222 of title 10’’. 1978—Subsec. (b). Pub. L. 95–551 redesignated former subsec. (c) as (b). Former subsec. (b), which provided that the director of music at the United States Mili- tary Academy be entitled to the basic pay of a commis- sioned officer of the rank prescribed for the director by the Secretary of the Army, was struck out. Subsecs. (c) to (e). Pub. L. 95–551 redesignated former subsecs. (d) to (f) as (c) to (e), respectively. Subsec. (f). Pub. L. 95–551 redesignated former subsec. (f) as (e). 1965—Subsec. (f). Pub. L. 89–189 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. 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, as modified, set out as a note under section 542 of Title 6. [§ 208. Repealed. Pub. L. 91–482, § 1(b), Oct. 21, 1970, 84 Stat. 1082] Section, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461, pro- vided that an officer furloughed under section 6406 of Title 10, Armed Forces, was entitled to pay at the rate of one-half of the basic pay to which he was entitled at the time of being furloughed. Statutory Notes and Related Subsidiaries PENSION CONTINUATION PROVISION Pub. L. 91–482, § 3, Oct. 21, 1970, 84 Stat. 1082, provided that: ‘‘Notwithstanding the first section of this Act [re- pealing this section and sections 4539, 4623, 5981, 6159, and 6406 of Title 10, Armed Forces], a person who is en- titled to a pension under [former] section 6159 of title 10, United States Code, on the day before the date of enactment of this Act [Oct. 21, 1970] shall continue to be entitled to that pension on and after that date of en- actment.’’ § 209. Members of precommissioning programs (a) SENIOR ROTC MEMBERS IN ADVANCED TRAINING.—(1) Except when on active duty, a member of the Senior Reserve Officers’ Training Corps who is selected for advance training under section 2104 of title 10 is entitled to a monthly subsistence allowance at a rate prescribed under paragraph (2) beginning on the day he starts ad- vanced training and ending upon the completion of his instruction under that section, but in no event shall any member receive such pay for more than 30 months. (2) The Secretary of Defense shall prescribe by regulation the monthly rates for subsistence al- lowances provided under this section. The rate may not be less than $250 per month, but may not exceed $674 per month. Page 25 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 209 (3) A subsistence allowance under this section may not be considered financial assistance re- quiring additional service within the meaning of the third sentence of section 6(d)(1) of the Mili- tary Selective Service Act (50 U.S.C. 3806(d)(1)). (b) SENIOR ROTC MEMBERS APPOINTED IN RE- SERVES.—Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 is entitled to a monthly subsistence allow- ance at a rate prescribed under subsection (a). A member enrolled in the first two years of a four- year program is entitled to receive subsistence for a maximum of twenty months. A member en- rolled in the advanced course is entitled to sub- sistence as prescribed for a member enrolled under section 2104 of title 10 as prescribed in subsection (a). (c) NONSCHOLARSHIP SENIOR ROTC MEMBERS NOT IN ADVANCED TRAINING.—A member of the Selected Reserve Officers’ Training Corps who has entered into an agreement under section 2103a of title 10 is entitled to a monthly subsist- ence allowance at a rate prescribed under sub- section (a). That allowance may be paid to the member by reason of such agreement for a max- imum of 20 months. (d) PAY WHILE ATTENDING TRAINING OR PRAC- TICE CRUISE.—Each cadet or midshipman in the Senior Reserve Officers’ Training Corps, while he is attending training or practice cruises under chapter 103 of title 10 if the training or cruise is of at least four weeks duration and must be completed before the cadet or mid- shipman is commissioned, and each applicant for membership in the Senior Reserve Officers’ Training Corps, while he is attending field train- ing or practice cruises to satisfy the require- ments of section 2104(b)(6)(B) of title 10 for ad- mission to advanced training, is entitled, while so attending, to pay at the rate prescribed for cadets and midshipmen at the United States Military, Naval, and Air Force Academies under section 203(c) of this title, except that the rate for a cadet or midshipman who is a member of the regular component of an armed force shall be the rate of basic pay applicable to the mem- ber under section 203 of this title. (e) MEMBERS OF MARINE CORPS OFFICER CAN- DIDATE PROGRAM.—Except when serving on ac- tive duty, a member who is enrolled in a Marine Corps officer candidate program which requires a baccalaureate degree as a prerequisite to being commissioned as an officer and who is not en- rolled in a program established under chapter 103 of title 10 or an academy established under chapter 403, 603, or 903 of title 10 may be paid a subsistence allowance at a monthly rate pre- scribed under subsection (a) for a member of the Senior Reserve Officers’ Training Corps who is selected for advanced training under section 2104 of title 10. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88–647, title II, § 202(2), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–51, § 3, June 28, 1965, 79 Stat. 173; Pub. L. 89–718, § 51, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92–171, § 1, Nov. 24, 1971, 85 Stat. 490; Pub. L. 95–79, title III, § 302(a)(3), July 30, 1977, 91 Stat. 326; Pub. L. 96–342, title VIII, § 811(a), Sept. 8, 1980, 94 Stat. 1098; Pub. L. 96–513, title V, § 516(4), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 8, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 98–94, title X, § 1003(a)(4), Sept. 24, 1983, 97 Stat. 656; Pub. L. 100–456, div. A, title VI, § 633(d), Sept. 29, 1988, 102 Stat. 1987; Pub. L. 101–189, div. A, title VI, § 653(d), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 603(a), Oct. 5, 1994, 108 Stat. 2782; Pub. L. 106–65, div. A, title V, § 546(a), Oct. 5, 1999, 113 Stat. 608; Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150; Pub. L. 107–107, div. A, title V, § 535(b), Dec. 28, 2001, 115 Stat. 1107; Pub. L. 107–314, div. A, title X, § 1062(g)(2), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title V, § 523(a), Nov. 24, 2003, 117 Stat. 1463; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(B), Dec. 23, 2016, 130 Stat. 2418.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 209(a) ...... 10:6904(b). [None.] 209(b) ...... 10:6905(b). [None.] 209(c) ...... 10:6906(c) (1st sentence, as applicable to pay). [None.] Editorial Notes AMENDMENTS 2016—Subsec. (a)(3). Pub. L. 114–328, which directed substitution of ‘‘(50 U.S.C. 3806(d)(1))’’ for ‘‘(50 U.S.C. App. 456(d)(1))’’ in par. (1), was executed by making the substitution in par. (3) to reflect the probable intent of Congress. 2003—Subsecs. (c) to (e). Pub. L. 108–136 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 2002—Subsec. (d). Pub. L. 107–314 amended Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(4)(B)]. See 2000 Amendment note below. 2001—Subsec. (c). Pub. L. 107–107 inserted before pe- riod at end ‘‘, except that the rate for a cadet or mid- shipman who is a member of the regular component of an armed force shall be the rate of basic pay applicable to the member under section 203 of this title’’. 2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title VI, § 612(b), (c)(1)], inserted heading, designated first sen- tence as par. (1), substituted ‘‘monthly subsistence al- lowance at a rate prescribed under paragraph (2)’’ for ‘‘subsistence allowance of $200 a month’’, added par. (2), designated last sentence as par. (3), and substituted ‘‘A subsistence’’ for ‘‘Subsistence’’. Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(2)], inserted heading and substituted ‘‘at a rate prescribed under subsection (a)’’ for ‘‘in the amount provided in subsection (a)’’ in text. Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(3)], inserted heading. Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(4)(B)], as amended by Pub. L. 107–314, sub- stituted ‘‘a monthly rate prescribed under subsection (a)’’ for ‘‘the same rate as that prescribed by subsection (a)’’. Pub. L. 106–398, § 1 [[div. A], title VI, § 612(c)(4)(A)], in- serted heading. 1999—Subsec. (a). Pub. L. 106–65 substituted ‘‘$200 a month’’ for ‘‘$150 a month’’. 1994—Subsec. (a). Pub. L. 103–337 substituted ‘‘$150 a month’’ for ‘‘$100 a month’’. 1991—Subsecs. (b) and (d). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsection (a)’’ wherever ap- pearing. 1989—Subsec. (c). Pub. L. 101–189 which directed strik- ing out the period after ‘‘title 10’’ the first place it ap- Page 26 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 209 pears, was executed by striking the period after ‘‘the cadet or midshipman is commissioned’’ to reflect the probable intent of Congress. 1988—Subsec. (c). Pub. L. 100–456 substituted ‘‘train- ing or practice cruises under chapter 103 of title 10 if the training or cruise is of at least four weeks duration and must be completed before the cadet or midshipman is commissioned.’’ for ‘‘field training or practice cruises under section 2109 of title 10’’. 1983—Subsec. (a). Pub. L. 98–94 substituted ‘‘30 months’’ for ‘‘20 months’’. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘section 6(d)(1) of the Military Selective Service Act (50 U.S.C. App. 456(d)(1))’’ for ‘‘section 456(d)(1) of title 50, appen- dix’’. Subsec. (d). Pub. L. 96–579 struck out par. (1) designa- tion and par. (2) prohibiting payment of subsistence al- lowance for any period after Sept. 30, 1982. Pub. L. 96–342 added subsec. (d). 1977—Pub. L. 95–79, § 302(a)(3)(B), substituted ‘‘Mem- bers of precommissioning programs’’ for ‘‘Members of Senior Reserve Officers’ Training Corps’’ in section catchline. Subsec. (c). Pub. L. 95–79, § 302(a)(3)(A), substituted provisions authorizing rates of pay for cadets and mid- shipmen in the Senior Reserve Officers’ Training Corps and applicants for membership in the Corps to be com- puted under section 203(c) of this title, for provisions authorizing rates of pay for members of the Senior Re- serve Officers’ Training Corps to be computed under section 201(c) of this title and for applicants for mem- bership in the Corps to be computed under section 203 of this title for enlisted members in pay grade E–1. 1971—Subsec. (a). Pub. L. 92–171, § 1(1), substituted ‘‘a subsistence allowance of $100 a month’’ for ‘‘subsistence allowance at the rate of not less than $40 per month or more than $50 per month’’. Subsec. (b). Pub. L. 92–171, § 1(2), substituted ‘‘a monthly subsistence allowance in the amount provided in subsection (a) of this section. A member enrolled in the first two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as prescribed for a member enrolled under section 2104 of title 10 as prescribed in subsection (a) of this section.’’ for ‘‘subsistence allowance at the rate of $50 a month beginning on the day that he starts his first term of college work under that section and ending upon the completion of his instruction under that section, but not for more than four years.’’ 1966—Subsec. (a). Pub. L. 89–718, § 51(1), struck out ‘‘, United States Code,’’ after ‘‘section 2104 of title 10’’, and substituted ‘‘20’’ for ‘‘twenty’’ and ‘‘section 456(d)(1) of title 50, appendix’’ for ‘‘section 6(d)(1) of the Universal Military Training and Service Act, as amend- ed (50 U.S.C. App. 456(d)(1))’’. Subsec. (c). Pub. L. 89–718, § 51(2), struck out ‘‘, United States Code,’’ after ‘‘section 2104(b)(6)(B) of title 10’’. 1965—Subsec. (a). Pub. L. 89–51 substituted ‘‘subsist- ence allowance’’ and ‘‘Subsistence allowance’’ for ‘‘re- tainer pay’’ and ‘‘Retainer pay’’, respectively. Subsec. (b). Pub. L. 89–51 substituted ‘‘subsistence al- lowance’’ for ‘‘retainer pay’’. 1964—Pub. L. 88–647 substituted provisions which grant a trainee under section 2104 of title 10, retainer pay of from $40 to $50 monthly for his instruction pe- riod under said section 2104, limited to not more than 20 months, provide that such assistance does not fall within section 456(d)(1) of title 50 App., grant cadets or midshipmen under section 2107 of title 10 retainer pay, limited to not more than 4 years, authorize pay for trainees attending field training or practice cruises under section 2109 of title 10 at the rate prescribed for cadets and midshipmen at the military academies under section 201(c) of this title, and pay for applicants attending field training or practice cruises to satisfy section 2104(b)(6)(B) of title 10, as in section 203 of this title for enlisted men grade E–1, for provisions enti- tling midshipmen appointed under section 6904 of title 10 to $50 a month for his instruction period up to 4 aca- demic years, seamen recruits under section 6905 of title 10 to $50 monthly for his instruction period under said section 6905, and midshipmen in flight training or on flight duty under section 6906 of title 10 to pay as for midshipmen at the Naval Academy plus an amount equal to 50 percent of his pay for flight duty. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–136 effective Jan. 1, 2004, see section 523(c) of Pub. L. 108–136, set out as an Effec- tive Date note under section 2103a of Title 10, Armed Forces. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–314, div. A, title X, § 1062(g), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(g)(2) is effective as of Oct. 30, 2000, and as if included in Pub. L. 106–398 as enacted. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by section 1 [[div. A], title VI, § 612(b)] of Pub. L. 106–398 effective Oct. 1, 2001, see section 1 [[div. A], title VI, § 612(d)] of Pub. L. 106–398, set out as a note under section 203 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–65, div. A, title V, § 546(b), Oct. 5, 1999, 113 Stat. 608, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 1999.’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title VI, § 603(b), Oct. 5, 1994, 108 Stat. 2782, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by subsection (a) [amending this section] shall apply with respect to months beginning after Au- gust 31, 1995. ‘‘(2) Upon the approval of the Secretary of Defense, the Secretary of a military department may implement such amendments at an earlier date with respect to members of the Senior Reserve Officers’ Training Corps under the jurisdiction of the Secretary if funds are available for the monthly subsistence allowances au- thorized by such amendments.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–456 applicable with re- spect to training performed after Sept. 30, 1988, see sec- tion 633(e) of Pub. L. 100–456, set out as a note under section 2109 of Title 10, Armed Forces. 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 1971 AMENDMENT Pub. L. 92–171, § 2, Nov. 24, 1971, 85 Stat. 490, provided that: ‘‘The amendments made by this Act [amending this section] shall become effective on July 1, 1971.’’ EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–51 effective Oct. 13, 1964, see section 4 of Pub. L. 89–51, set out as a note under section 2109 of Title 10, Armed Forces. SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE MARINE CORPS OFFICER CANDIDATE PROGRAMS Pub. L. 92–172, Nov. 24, 1971, 85 Stat. 491, as amended by Pub. L. 94–361, title VI, § 604, July 14, 1976, 90 Stat. 929; Pub. L. 95–79, title VIII, § 806, July 30, 1977, 91 Stat. Page 27 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 211 334; Pub. L. 95–485, title VIII, § 803, Oct. 20, 1978, 92 Stat. 1620, which provided that until Sept. 30, 1980, except when on active duty, a member enrolled in a Marine Corps officer candidate program which required a bac- calaureate degree as a prerequisite to being commis- sioned as a regular or reserve officer, and who was not enrolled in a program or an academy established under chapter 103, 403, 603, or 903 of Title 10, Armed Forces, could be paid a subsistence allowance at the same rate as that prescribed by subsec. (a) of this section, was re- pealed by Pub. L. 96–342, title VIII, § 811(b), Sept. 8, 1980, 94 Stat. 1098. See subsec. (d) of this section. § 210. Pay of senior enlisted members during ter- minal leave and while hospitalized (a) A noncommissioned officer of an armed force who, immediately following the comple- tion of service as the senior enlisted member of that armed force or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau, is placed on terminal leave pending retirement shall be entitled, for not more than 60 days while in such status, to the rate of basic pay au- thorized for the senior enlisted member of that armed force. (b) A noncommissioned officer of an armed force who is hospitalized and who, during or im- mediately before such hospitalization, com- pleted service as the senior enlisted member of that armed force, shall continue to be entitled, for not more than 180 days while so hospitalized, to the rate of basic pay authorized for the senior enlisted member of that armed force. (c) In this section, the term ‘‘senior enlisted member’’ means the following: (1) The Sergeant Major of the Army. (2) The Master Chief Petty Officer of the Navy. (3) The Chief Master Sergeant of the Air Force. (4) The Sergeant Major of the Marine Corps. (5) The Chief Master Sergeant of the Space Force. (6) The Master Chief Petty Officer of the Coast Guard. (Added Pub. L. 102–190, div. A, title VI, § 606(a), Dec. 5, 1991, 105 Stat. 1374; amended Pub. L. 104–201, div. A, title VI, § 603(a), (b)(1), Sept. 23, 1996, 110 Stat. 2540; Pub. L. 109–163, div. A, title VI, § 685(b), Jan. 6, 2006, 119 Stat. 3325; Pub. L. 109–364, div. A, title X, § 1071(c)(1), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 113–291, div. A, title VI, § 603(b), Dec. 19, 2014, 128 Stat. 3398; Pub. L. 116–283, div. A, title IX, § 925(d), Jan. 1, 2021, 134 Stat. 3827; Pub. L. 118–159, div. A, title V, § 521(g)(2), Dec. 23, 2024, 138 Stat. 1881.) Editorial Notes AMENDMENTS 2024—Subsec. (c)(5). Pub. L. 118–159 substituted ‘‘The Chief Master Sergeant of the Space Force’’ for ‘‘The senior enlisted advisor of the Space Force’’. 2021—Subsec. (c)(5), (6). Pub. L. 116–283 added par. (5) and redesignated former par. (5) as (6). 2014—Subsec. (a). Pub. L. 113–291, § 603(b)(1), inserted ‘‘or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau’’ after ‘‘that armed force’’ the first place ap- pearing. Subsec. (c)(6). Pub. L. 113–291, § 603(b)(2), struck out par. (6) which read as follows: ‘‘The Senior Enlisted Ad- visor to the Chairman of the Joint Chiefs of Staff.’’ 2006—Subsec. (c)(6). Pub. L. 109–364 substituted ‘‘Advi- sor to’’ for ‘‘Advisor for’’. Pub. L. 109–163 added par. (6). 1996—Pub. L. 104–201, § 603(b)(1), substituted ‘‘Pay of senior enlisted members during terminal leave and while hospitalized’’ for ‘‘Pay of the senior noncommis- sioned officer of an armed force during terminal leave’’ in section catchline. Subsecs. (b), (c). Pub. L. 104–201, § 603(a), added subsec. (b) and redesignated former subsec. (b) as (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–291 effective on Dec. 19, 2014 and applicable with respect to months of service that begin on or after that date, see section 603(e) of Pub. L. 113–291, set out as a note under section 1406 of Title 10, Armed Forces. 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, as modified, set out as a note under section 542 of Title 6. § 211. Participation in Thrift Savings Plan (a) DEFINITION.—In this section, the term ‘‘member’’ means— (1) a member of the uniformed services serv- ing on active duty; and (2) a member of the Ready Reserve in any pay status. (b) AUTHORITY.—Any member may participate in the Thrift Savings Plan in accordance with section 8440e of title 5. (c) RULE OF CONSTRUCTION REGARDING SEPARA- TION.—For purposes of subchapters III and VII of chapter 84 of title 5, each of the following ac- tions shall, in the case of a member partici- pating in the Thrift Savings Plan in accordance with section 8440e of such title, be considered a separation from Government employment: (1) Release of the member from active duty, not followed, before the end of the 31-day pe- riod beginning on the day following the effec- tive date of the release, by— (A) a resumption of active duty; or (B) an appointment to a position covered by chapter 83 or 84 of title 5 or an equivalent retirement system, as identified by the Ex- ecutive Director (appointed by the Federal Retirement Thrift Investment Board) in reg- ulations. (2) Transfer of the member to inactive sta- tus, or to a retired list pursuant to any provi- sion of title 10. (d) REPAYMENT OF AMOUNTS BORROWED FROM MEMBER ACCOUNT.—If a loan is issued to a mem- ber under section 8433(g) of title 5 from funds in the member’s account in the Thrift Savings Plan, repayment of the loan may be required on the same semi-monthly basis as authorized for contributions to the Thrift Savings Fund on be- half of the member under section 1014(c) of this title.