2004 US Code
Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS
Sec. 909 - Special and incentive pay: payment at unreduced rates during suspension of personnel laws
View MetadataPublication Title | United States Code, 2000 Edition, Supplement 4, Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES CHAPTER 17 - MISCELLANEOUS RIGHTS AND BENEFITS Sec. 909 - Special and incentive pay: payment at unreduced rates during suspension of personnel laws |
Contains | section 909 |
Date | 2004 |
Laws in Effect as of Date | January 3, 2005 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 107-107, div. A, title VI, §623(a)(1), Dec. 28, 2001, 115 Stat. 1142. |
Statutes at Large References | 115 Stat. 1142, 1143 |
Public Law References | Public Law 107-107 |
§909. Special and incentive pay: payment at unreduced rates during suspension of personnel laws
(a) Authority To Continue Payment at Unreduced Rates.—To ensure fairness and recognize the contributions of members of the armed forces to military essential missions, the Secretary of the military department concerned may authorize members who are involuntarily retained on active duty under section 123 or 12305 of title 10 or any other provision of law and who, immediately before retention on active duty, were entitled or eligible for special pay or incentive pay under chapter 5 of this title, to receive that special pay or incentive pay for qualifying service performed during the retention period, without a reduction in the payment rate below the rate the members received immediately before retention on active duty, notwithstanding any requirement otherwise applicable to that special pay or incentive pay that would reduce the payment rate by reason of the years of service of the members.
(b) Suspension During Time of War.—Subsection (a) does not apply with respect to a special pay or incentive pay under chapter 5 of this title, whenever the authority to provide that special pay or incentive pay is suspended by the President or the Secretary of Defense during a time of war.
(c) Qualifying Service Defined.—In this section, the term “qualifying service” means service for which a particular special pay or incentive pay is payable under the authority of a provision of chapter 5 of this title.
(Added Pub. L. 107–107, div. A, title VI, §623(a)(1), Dec. 28, 2001, 115 Stat. 1142.)
Effective DatePub. L. 107–107, div. A, title VI, §623(b), Dec. 28, 2001, 115 Stat. 1143, provided that: “Section 909 of title 37, United States Code, as added by subsection (a)(1), shall apply with respect to pay periods beginning after September 11, 2001.”
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.