37 U.S.C. § 202 — Pay grades: retired Coast Guard rear admi-

Page 8 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 202 Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 designated existing provisions as par. (1), substituted ‘‘Subject to para- graph (2), for the purpose’’ for ‘‘For the purpose’’, and added par. (2). 2006—Subsec. (d). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 1991—Subsec. (b). Pub. L. 102–190, § 1111(b), amended table generally, adding provisions relating to Chief Warrant Officer at grade W–5. Subsec. (c). Pub. L. 102–190, § 605, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘An aviation cadet of the Navy, Air Force, Ma- rine Corps, or Coast Guard is entitled to monthly basic pay at the rate of 50 percent of the basic pay of a com- missioned officer in pay grade O–1 with two or less years of service computed under section 205 of this title.’’ Subsec. (e). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsections (c) and (d)’’. 1990—Subsec. (a). Pub. L. 101–502 inserted ‘‘Assistant Secretary for Health’’ in fourth column of table in pay grade O–10. 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘Rear ad- miral (lower half)’’ for ‘‘Commodore’’ in third column of table in pay grade O–7. 1984—Subsec. (a). Pub. L. 98–557 substituted ‘‘Rear ad- miral’’ for ‘‘Rear admiral (Navy) and Rear admiral (upper half)(Coast Guard and National Oceanic and At- mospheric Administration)’’ in third column of table in pay grade O–8, and in pay grade O–7 substituted ‘‘Com- modore’’ for ‘‘Commodore (Navy) and Rear admiral (lower half) and commodore (Coast Guard and National Oceanic and Atmospheric Administration’’. 1983—Subsecs. (b) to (f). Pub. L. 98–94 struck out sub- sec. (b) which related to basic pay for contract sur- geons, redesignated subsecs. (c) to (f) as (b) to (e), re- spectively, and in subsec. (e), as so redesignated, sub- stituted ‘‘subsections (c) and (d)’’ for ‘‘subsections (d) and (e)’’. 1981—Subsec. (a). Pub. L. 97–86 substituted ‘‘Com- modore’’ for ‘‘Commodore admiral’’ in third column of table in pay grade O–7. 1980—Subsec. (a). Pub. L. 96–513, § 506(3), substituted in heading of third column of table ‘‘National Oceanic and Atmospheric Administration’’ for ‘‘Environmental Science Services Administration’’ and in third column ‘‘Rear admiral (Navy) and Rear admiral (upper half) (Coast Guard and National Oceanic and Atmospheric Administration)’’ for ‘‘Rear admiral (upper half)’’ and ‘‘Commodore admiral (Navy) and Rear admiral (lower half) and commodore (Coast Guard and National Oce- anic and Atmospheric Administration)’’ for ‘‘Rear ad- miral (lower half) and commodore’’. Subsec. (f). Pub. L. 96–513, § 516(2), substituted ‘‘sub- section (d)’’ for ‘‘subsection (f)’’. 1979—Subsec. (a). Pub. L. 96–76 transferred the Sur- geon General from pay grade O–8 to pay grade O–9 in fourth column of table. 1977—Subsecs. (c) to (g). Pub. L. 95–79 struck out sub- sec. (c) which related to the monthly rate of pay of ca- dets and midshipmen at the service academies, and re- designated subsecs. (d) to (g) as (c) to (f), respectively. 1970—Subsec. (e). Pub. L. 91–278 entitled aviation ca- dets of Coast Guard to basic pay rate. 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘Environ- mental Science Services Administration’’ for ‘‘Coast and Geodetic Survey’’ in heading of third column of table. 1963—Subsec. (b). Pub. L. 88–132 substituted ‘‘O–3 with over four, but not more than six,’’ for ‘‘O–2 with two or less’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 1111(b) of Pub. L. 102–190 effec- tive Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of Title 10, Armed Forces. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–502, § 5(k)(3), Nov. 3, 1990, 104 Stat. 1289, provided that: ‘‘The amendments made by paragraphs (1) and (2) [amending this section and section 207 of Title 42, The Public Health and Welfare] shall take ef- fect on the first day of the month immediately fol- lowing the month in which this Act was enacted [No- vember 1990].’’ EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 932(f) of Pub. L. 98–94, set out as an Effective Date note under section 1091 of Title 10, Armed Forces. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by sections 506(3), 516(2) of Pub. L. 96–513 effective Sept. 15, 1981, and Dec. 12, 1980, respectively, see section 701(a), (b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under sec- tion 206 of Title 42, The Public Health Welfare. EFFECTIVE DATE OF 1963 AMENDMENT Pub. L. 88–132, § 14, Oct. 2, 1963, 77 Stat. 218, provided that: ‘‘This Act [see Short Title of 1963 Amendment note set out under section 101 of this title] becomes ef- fective on October 1, 1963.’’ 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. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Or- ganization and Employees. Secretary of Health, Edu- cation, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Edu- cation. § 202. Pay grades: retired Coast Guard rear admi- rals (lower half) An officer of the Coast Guard holding a perma- nent appointment in the grade of rear admiral (lower half) on the retired list, and who in time of war or national emergency has served satis- factorily on active duty for two years in that grade or in a higher grade, is entitled when on active duty to the basic pay of a rear admiral. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 454; Pub. L. 89–718, § 50, Nov. 2, 1966, 80 Stat. 1121; Pub. L. Page 9 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 202 90–130, § 3(1), Nov. 8, 1967, 81 Stat. 383; Pub. L. 90–179, § 7, Dec. 8, 1967, 81 Stat. 548; Pub. L. 90–623, § 3(2), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92–451, § 2, Oct. 2, 1972, 86 Stat. 757; Pub. L. 96–342, title X, § 1004(a), Sept. 8, 1980, 94 Stat. 1120; Pub. L. 96–513, title IV, § 401, Dec. 12, 1980, 94 Stat. 2904; Pub. L. 97–417, § 3(a), Jan. 4, 1983, 96 Stat. 2087; Pub. L. 98–557, § 25(b)(2)(A), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, § 514(d)(2)(A), (B), Nov. 8, 1985, 99 Stat. 629.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 202(a) ...... 10:5507(a). [None.] 202(b) ...... 10:5507(b). [None.] 202(c) ...... 10:5507(c). [None.] 202(d) ...... 10:5507(d). [None.] 14:462a (less applicability to retired pay). [None.] 202(e) ...... 10:5507(e). [None.] 202(f) ....... 14:462. [None.] 202(g) ...... 10:5133(a) (last 13 words of last sentence). [None.] 202(h) ...... 10:5064(b) (the words, ‘‘pay, allowances,’’). [None.] 10:5111(b) (the words ‘‘pay, allowances, and’’). [None.] 10:5133(a) (last 20 words of 1st sentence). [None.] 10:5138(b) (the words ‘‘pay, allowances, and’’). [None.] 10:5142 (last sentence). [None.] 10:5145(c) (last 12 words). [None.] 10:5148(b) (the words ‘‘pay, allowances,’’). [None.] 10:5150(c) (the words, ‘‘pay, allowances,’’). [None.] 202(i) ....... 10:5064(c) (last sentence). [None.] 10:5134. [None.] 10:5149(a) (last sentence). [None.] 10:5150(d) (last sentence). [None.] 10:5202(a) (last sentence). [None.] 202(j) ....... 10:5062. [None.] In subsections (a)–(j), the words ‘‘and allowances’’ are omitted as surplusage, since, under chapter 7 of this re- vised title, entitlement to allowances is based upon en- titlement to basic pay. In subsection (f), the words ‘‘provided by law’’, ‘‘this or any other’’, and ‘‘for any reason’’ are omitted as sur- plusage. In subsection (g), the words ‘‘Judge Advocate General of the Navy’’ are inserted to reflect section 5148 of title 10. In subsection (i), the last 12 words of section 5145(c) of title 10 are omitted as covered by section 5134 of title 10. Editorial Notes AMENDMENTS 1985—Pub. L. 99–145 substituted ‘‘Pay grades: retired Coast Guard rear admirals (lower half)’’ for ‘‘Pay grade: retired Coast Guard commodores’’ in section catchline, and substituted ‘‘rear admiral (lower half)’’ for ‘‘com- modore’’ in text. 1984—Pub. L. 98–557 substituted ‘‘Pay grade: retired Coast Guard commodores’’ for ‘‘Pay grades: com- modores, retired list’’ in section catchline. 1983—Pub. L. 97–417 substituted provision relating to the entitlement of retired list Coast Guard com- modores to the basic pay of a retired rear admiral after two years emergency or wartime duty, for former sub- secs. (a) and (b), which, respectively, related to the en- titlement of retired Coast Guard rear admirals (other- wise entitled to the basic pay of retired list rear admi- rals) to the basic pay of an upper half rear admiral after two years emergency or wartime active duty, and provided that the number of active list Coast Guard rear admirals entitled to upper half pay be half the dif- ference between the number of active list officers above captain and the number of officers serving above rear admiral, an odd number result to be placed in the upper half, and no officer entitled to rear admiral pay to have it reduced solely because of a reduction in the number of rear admirals. 1980—Pub. L. 96–513, § 401(b), substituted ‘‘(upper half) of the Coast Guard’’ for ‘‘of upper half; officers holding certain positions in the Navy’’ in section catchline. Subsec. (a). Pub. L. 96–513, § 401(a)(1), (2), redesignated subsec. (e) as (a) and struck out applicability to the Navy. Former subsec. (a), relating to entitlement of an officer not restricted in the performance of his duties in the Navy, was struck out. Subsec. (b). Pub. L. 96–513, § 401(a)(1), (3), redesignated subsec. (f) as (b). Former subsec. (b), relating to entitle- ment of an officer restricted in the performance of his duties in the Navy, was struck out. Subsec. (c). Pub. L. 96–513, § 401(a)(1), struck out sub- sec. (c) which related to entitlement of an officer in a staff corps in the Navy. Subsec. (d). Pub. L. 96–513, § 401(a)(1), struck out sub- sec. (d) which related to entitlement of an officer of the Naval Reserve. Subsec. (e). Pub. L. 96–513, § 401(a)(2), redesignated subsec. (e) as (a). Subsec. (f). Pub. L. 96–513, § 401(a)(3), redesignated subsec. (f) as (b). Subsec. (g). Pub. L. 96–513, § 401(a)(4), struck out sub- sec. (g) which related to entitlement of an officer of the Marine Corps. Subsec. (h). Pub. L. 96–513, § 401(a)(4), struck out sub- sec. (h) which related to entitlement of specific officers of the naval service. Subsec. (i). Pub. L. 96–513, § 401(a)(4), struck out sub- sec. (i) which related to entitlement of additional spe- cific officers of the naval service. Subsec. (j). Pub. L. 96–513, § 401(a)(4), struck out sub- sec. (j) which related to entitlement of officer of the Navy serving as Deputy Comptroller of the Navy. Subsec. (k). Pub. L. 96–513, § 401(a)(4), struck out sub- sec. (k) which related to pay of a woman officer when initially appointed as a rear admiral and while serving as a rear admiral under such appointment or a subse- quent appointment. Pub. L. 96–342 substituted provisions respecting pay when initially appointed as a rear admiral and while serving as a rear admiral under such appointment or a subsequent appointment for provisions respecting pay while serving under an appointment under section 5767(c) of title 10. Subsec. (l). Pub. L. 96–513, § 401(a)(4), struck out sub- sec. (l) which related to entitlement of an officer of the Navy or Marine Corps serving as Assistant Judge Advo- cate General of the Navy. 1972—Subsec. (f). Pub. L. 92–451 struck out ‘‘Except for those whose basic pay is otherwise specifically au- thorized by law,’’ and substituted ‘‘in grades above cap- tain, less the number of officers serving in grades above rear admiral’’, for ‘‘in that grade’’ in first sentence. 1968—Subsec. (l). Pub. L. 90–623 redesignated as sub- sec. (l) the subsection relating to basic pay of the As- sistant Judge Advocate General of the Navy, formerly designated as subsec. (k). 1967—Subsec. (g). Pub. L. 90–179, § 7(1), inserted ‘‘or as Deputy Judge Advocate General of the Navy,’’. Subsecs. (h)(7), (8). Pub. L. 90–179, § 7(2)(B), (C), added par. (7) and renumbered former par. (7) as par. (8). Subsec. (i). Pub. L. 90–179, § 7(3), struck out par. (3) which referred to an officer detailed as Assistant Judge Advocate of the Navy and renumbered pars. (4) and (5) as pars. (3) and (4), respectively. Subsec. (k). Pub. L. 90–179, § 7(4), added subsec. (k) re- lating to officer of the Navy or Marine Corps serving as Assistant Judge Advocate General of the Navy. Pub. L. 90–130 added subsec. (k) relating to a woman officer appointed under section 5767(c) of title 10. 1966—Subsec. (g). Pub. L. 89–718, § 50(1), struck out ref- erence to service as Chief of the Bureau of Naval Weap- ons. Page 10 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 203 Subsec. (h). Pub. L. 89–718, § 50(2), struck out par. (2) relating to Chief of Naval Materiel. Statutory Notes and Related Subsidiaries 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. Pub. L. 96–342, title X, § 1004(b), Sept. 8, 1980, 94 Stat. 1120, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to basic pay payable for periods beginning on or after the date of the enactment of this Act [Sept. 8, 1980].’’ EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92–451, set out as a note under section 2151 of Title 14, Coast Guard. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change of law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees. 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. 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. § 203. Rates (a)(1) The rates of monthly basic pay for mem- bers of the uniformed services within each pay grade are those prescribed in accordance with section 1009 of this title or as otherwise pre- scribed by law. (2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule. (b) While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the perma- nent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under section 205 of this title is, in addition to the pay and al- lowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay. (c) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service. (d)(1) The basic pay of a commissioned officer who is in pay grade O–1, O–2, or O–3 and who is credited with a total of over four years’ service described in paragraph (2) shall be computed in the same manner as the basic pay of a commis- sioned officer in the same pay grade who has been credited with over four years’ active serv- ice as an enlisted member. (2) Service to be taken into account for pur- poses of computing basic pay under paragraph (1) is as follows: (A) Active service as a warrant officer or as a warrant officer and an enlisted member. (B) Service as a warrant officer, as an en- listed member, or as a warrant officer and an enlisted member, for which at least 1,460 points have been credited to the officer for the purposes of section 12732(a)(2) of title 10. (e)(1) A student at the United States Military Academy Preparatory School, the United States Naval Academy Preparatory School, or the United States Air Force Academy Preparatory School who was selected to attend the pre- paratory school from civilian life is entitled to monthly student pay at the same rate as pro- vided for cadets and midshipmen under sub- section (c). (2) A student at a preparatory school referred to in paragraph (1) who, at the time of the stu- dent’s selection to attend the preparatory school, was an enlisted member of the uniformed services shall receive monthly basic pay at the rate prescribed for the student’s pay grade and years of service as an enlisted member or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater. (3) The monthly student pay of a student de- scribed in paragraph (1) shall be treated for pur- poses of the accrual charge for the Department of Defense Military Retirement Fund estab- lished under section 1461 of title 10 in the same manner as monthly cadet pay or midshipman pay under subsection (c). (f)(1) An officer candidate enrolled in the basic officer training program of the commissioned of- ficer corps of the National Oceanic and Atmos- pheric Administration is entitled, while partici- pating in such program, to monthly officer can- didate pay at monthly rates equal to the basic pay of an enlisted member in the pay grade E–5 with less than two years of service. (2) An individual who graduates from such pro- gram shall receive credit for the time spent par-