37 U.S.C. § 211 — Participation in Thrift Savings Plan

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. Page 28 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 212 (Added and amended Pub. L. 106–65, div. A, title VI, §§ 661(a)(1)(A), 662, Oct. 5, 1999, 113 Stat. 670, 672; Pub. L. 109–163, div. A, title VI, § 605, Jan. 6, 2006, 119 Stat. 3287; Pub. L. 110–181, div. A, title VI, § 605(b), Jan. 28, 2008, 122 Stat. 146; Pub. L. 114–92, div. A, title VI, § 632(e)(1), Nov. 25, 2015, 129 Stat. 847.) Editorial Notes AMENDMENTS 2015—Subsecs. (d), (e). Pub. L. 114–92 redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to agency contributions for retention in critical specialties and first-time enlistees. 2008—Subsec. (e). Pub. L. 110–181 added subsec. (e). 2006—Subsec. (d). Pub. L. 109–163, § 605(b), inserted ‘‘and First-Time Enlistees’’ after ‘‘Specialties’’ in head- ing. Subsec. (d)(1). Pub. L. 109–163, § 605(a)(1), designated existing provisions of subpar. (A) as cl. (i), redesignated former subpar. (B) as cl. (ii) of subpar. (A) and sub- stituted ‘‘; or’’ for period at end, and added a new sub- par. (B). Subsec. (d)(2) to (4). Pub. L. 109–163, § 605(a)(2)–(4), sub- stituted ‘‘member under paragraph (1)(A)’’ for ‘‘member under paragraph (1)’’ in first sentence of par. (2), added par. (3), designated second sentence of par. (2) as (4), and in par. (4) substituted ‘‘this subsection’’ for ‘‘this paragraph’’. 1999—Subsec. (d). Pub. L. 106–65, § 662, added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT; IMPLEMENTATION Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees. EFFECTIVE DATE Section and amendment by Pub. L. 106–65 effective 180 days after Oct. 30, 2000, unless postponed, see sec- tion 663 of Pub. L. 106–65, as amended, set out as a note under section 8440e of Title 5, Government Organization and Employees. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT SAVINGS PLAN FOR INITIAL ENLISTEES IN THE ARMY Pub. L. 109–163, div. A, title VI, § 606, Jan. 6, 2006, 119 Stat. 3287, as amended by Pub. L. 109–364, div. A, title VI, § 608, title X, § 1071(e)(3), Oct. 17, 2006, 120 Stat. 2247, 2401, provided for a pilot program on contributions to the Thrift Savings Plan for initial enlistees in the Army to be carried out between Jan. 6, 2006, and Dec. 31, 2008. § 212. Advancement of basic pay: members de- ployed in combat zone for more than one year (a) ELIGIBILITY; AMOUNT ADVANCED.—If a mem- ber of the armed forces is assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available and the assignment is pursuant to orders specifying an assignment of one year or more (or the assignment is extended beyond one year), the member may request, during the pe- riod of the assignment, the advanced payment of not more than three months of the basic pay of the member. (b) CONSIDERATION OF REQUEST.—A request by a member described in subsection (a) for the ad- vanced payment of a single month of basic pay shall be granted. The Secretary concerned may grant a member’s request for a second or third month of advanced basic pay during the assign- ment upon a showing of financial hardship. (c) RECOUPMENT OF ADVANCED PAY.—The Sec- retary concerned shall recoup an advance made on the basic pay of a member under this section in equal installments over a one-year period be- ginning as provided in subsection (d). If the member is serving on active duty for any month during the recoupment period, the amount of the installment for the month shall be deducted from the basic pay of the member for that month. The estate of a deceased member shall not be required to repay any portion of the ad- vanced pay paid to the member and not repaid before the death of the member. (d) COMMENCEMENT OF RECOUPMENT.—The recoupment period for an advancement of basic pay to a member under this section shall com- mence on the first day of the first month begin- ning on or after the date on which the member receives the advanced pay. (Added Pub. L. 108–375, div. A, title VI, § 606(a), Oct. 28, 2004, 118 Stat. 1945; amended Pub. L. 114–328, div. A, title VI, § 618(h)(1), Dec. 23, 2016, 130 Stat. 2160.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–328 inserted ‘‘, or para- graph (1) or (3) of section 351(a),’’ after ‘‘section 310’’. CHAPTER 5—SPECIAL AND INCENTIVE PAYS SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES Sec. 301. Incentive pay: hazardous duty. 301a. Incentive pay: aviation career. 301b. Special pay: aviation career officers extend- ing period of active duty. 301c. Incentive pay: submarine duty. 301d. Multiyear retention bonus: medical officers of the armed forces. 301e. Multiyear retention bonus: dental officers of the armed forces. 302. Special pay: medical officers of the armed forces. 302a. Special pay: optometrists. 302b. Special pay: dental officers of the armed forces. 302c. Special pay: psychologists and nonphysician health care providers. 302c–1. Special pay: accession and retention bonuses for psychologists. 302d. Special pay: accession bonus for registered nurses. 302e. Special pay: nurse anesthetists. 302f. Special pay: reserve, recalled, or retained health care officers. 302g. Special pay: Selected Reserve health care professionals in critically short wartime specialties. 302h. Special pay: accession bonus for dental offi- cers. 302i. Special pay: pharmacy officers. 302j. Special pay: accession bonus for pharmacy of- ficers. 302k. Special pay: accession bonus for medical offi- cers in critically short wartime specialties. 302l. Special pay: accession bonus for dental spe- cialist officers in critically short wartime specialties.