United States Code (Last Updated: May 24, 2014) |
Title 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
Chapter 3. BASIC PAY |
§ 203. Rates
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(a) (1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with section 1009 of this title or as otherwise prescribed 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 permanent 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 allowances 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 commissioned officer in the same pay grade who has been credited with over four years’ active service as an enlisted member. (2) Service to be taken into account for purposes 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 enlisted 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 preparatory school from civilian life is entitled to monthly student pay at the same rate as provided for cadets and midshipmen under subsection (c). (2) A student at a preparatory school referred to in paragraph (1) who, at the time of the student’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 described in paragraph (1) shall be treated for purposes of the accrual charge for the Department of Defense Military Retirement Fund established under section 1461 of title 10 in the same manner as monthly cadet pay or midshipman pay under subsection (c).
Historical And Revision
Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
203 | 10:142(d) (as applicable to basic pay). | [None.] |
| 37:232(a). | Oct. 12, 1949, ch. 681, § 201(a); May 19, 1952, ch. 310, § 1(a); restated Mar. 31, 1955, ch. 20, § 2(1); restated May 20, 1958, Pub. L. 85–422, § 1(1), 72 Stat. 122. |
Section 142(d) (as applicable to basic pay) of title 10 is omitted as superseded by footnote 1 of section 232(a) of existing title 37. The words “pay grades are prescribed” are omitted as covered by section 201 of this revised title. The words “rates of monthly basic pay . . . are” are substituted for the words “monthly basic pay . . . is established”. The words “according to cumulative years of service” are omitted as covered by the words “years of service computed under section 205” appearing in each table.
References In Text
Levels II and V of the Executive Schedule, referred to in subsec. (a)(2), are set out in sections 5313 and 5316, respectively, of Title 5, Government Organization and Employees.
Amendments
2006—Subsec. (a)(2). Pub. L. 109–364 substituted “level II” for “level III”.
Subsec. (b). Pub. L. 109–163, § 602, inserted “, the United States Naval Academy,” after “Military Academy”.
Subsec. (e)(2). Pub. L. 109–163, § 603, substituted “shall receive” for “on active duty for a period of more than 30 days shall continue to receive” and inserted before the period at end “or at the rate provided for cadets and midshipmen under subsection (c), whichever is greater”.
2003—Subsec. (d)(2)(A). Pub. L. 108–136, § 603(1), substituted “enlisted member.” for “enlisted member, in the case of—
“(i) a commissioned officer on active duty who is paid from funds appropriated for active-duty personnel; or
“(ii) a commissioned officer on active Guard and Reserve duty.”
Subsec. (d)(2)(B). Pub. L. 108–136, § 603(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “In the case of a commissioned officer (not referred to in subparagraph (A)(ii)) who is paid from funds appropriated for reserve personnel, service as a warrant officer, or as a warrant officer and 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.”
2002—Subsec. (d)(1). Pub. L. 107–314 amended Pub. L. 107–107, § 602(a)(2). See 2001 Amendment note below.
2001—Subsec. (d). Pub. L. 107–107, § 602(a)(1), designated existing provisions as par. (1).
Subsec. (d)(1). Pub. L. 107–107, § 602(a)(2), as amended by Pub. L. 107–314, substituted “service described in paragraph (2)” for “active service as a warrant officer or as a warrant officer and enlisted member”.
Subsec. (d)(2). Pub. L. 107–107, § 602(a)(3), added par. (2).
2000—Subsec. (c). Pub. L. 106–398 substituted “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” for “at the rate of $600.00”.
1999—Subsec. (a). Pub. L. 106–65 designated existing provisions as par. (1) and added par. (2).
1998—Subsec. (c). Pub. L. 105–261 substituted “$600.00” for “$558.04”.
1996—Subsec. (c). Pub. L. 104–201 designated par. (1) as entire subsec. (c) and struck out former par. (2) which read as follows: “The rate of monthly cadet pay, or midshipman pay, under this subsection shall be adjusted in the manner and at the time the monthly basic pay of members of the uniformed services is adjusted under section 1009 of this title.”
1994—Subsec. (c)(1). Pub. L. 103–337 substituted “$558.04” for “$543.90”.
1993—Subsec. (e). Pub. L. 103–160 added subsec. (e).
1989—Subsec. (c)(1). Pub. L. 101–189 substituted “$543.90” for “$525”.
1988—Subsec. (c)(1). Pub. L. 100–456 substituted “$525” for “$504.30”.
1987—Subsec. (c)(1). Pub. L. 100–180, as amended by Pub. L. 100–202, substituted “$504.30” for “$494.40”.
1986—Subsec. (c)(1). Pub. L. 99–661 substituted “$494.40” for “$461.40”.
1985—Subsec. (a). Pub. L. 99–145 inserted “or as otherwise prescribed by law” after “this title”.
1983—Subsec. (d). Pub. L. 98–94 substituted “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’ active service as a warrant officer or as a warrant officer and enlisted member shall be computed in the same manner as the basic pay of a commissioned officer in the same pay grade who has been credited with over four years’ active service as an enlisted member” for “the basic pay of commissioned officers who are in pay grades O–1, O–2, and O–3 and who are credited with over four years’ active service as warrant officers shall be computed in the same manner as the basic pay of commissioned officers in the same pay grades who have been credited with over four years’ active service as enlisted members”.
1981—Subsec. (c)(1). Pub. L. 97–60 substituted “$461.40” for “$313.20”.
1980—Subsec. (d). Pub. L. 96–343 added subsec. (d).
1977—Subsec. (c). Pub. L. 95–79 added subsec. (c).
1974—Subsec. (a). Pub. L. 93–419 substituted reference to section 1009 of this title for provisions setting out in tables the rates of monthly basic pay for members of the uniformed services.
1972—Subsec. (a). Pub. L. 92–455 substituted in footnote 1 of the enlisted members pay table “Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard,” for “Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps,”.
1971—Subsec. (a). Pub. L. 92–129 increased rates of monthly basic pay for all personnel.
1970—Subsec. (b). Pub. L. 91–278 provided for entitlement to additional pay for service as a member of permanent commissioned teaching staff at the United States Coast Guard Academy.
1967—Subsec. (a). Pub. L. 90–207 increased the rates of monthly basic pay for all personnel by 5.6 percent and provided a special basic pay rate of $844.20 per month for the senior noncommissioned officer position of each military service regardless of years of service completed for pay purposes.
1966—Subsec. (a). Pub. L. 89–501 increased pay of all personnel by 3.2 percent.
1965—Subsec. (a). Pub. L. 89–132 increased pay of commissioned officers with less than 2 years of service an average of 22 percent, of commissioned officers and warrant officers with over 2 years of service an average of 6 percent, enlisted men with 2 years of service an average of 17.3 percent, and enlisted men with over 2 years of service an average of 11 percent.
1964—Subsec. (a). Pub. L. 88–422 increased pay of all officers, warrant officers and enlisted personnel with over 2 years of service by 2.5 percent, and the pay of commissioned and warrant officers with under 2 years of service by 8.5 percent.
1963—Subsec. (a). Pub. L. 88–132 designated existing provisions as subsec. (a), substituted new basic pay tables and increased from $1,875 to $1,970 the basic pay referred to in footnote 1 of the Commissioned officers’ table and substituted “cumulative years of service” for “years of service”.
Subsec. (b). Pub. L. 88–132 added subsec. (b).
Effective Date Of Amendment
Pub. L. 109–364, div. A, title VI, § 602(b),
Pub. L. 107–314, div. A, title X, § 1062(f),
Pub. L. 107–107, div. A, title VI, § 602(b),
Pub. L. 106–398, § 1 [[div. A], title VI, § 612(d)],
Pub. L. 106–65, div. A, title VI, § 601(d),
Pub. L. 105–261, div. A, title VI, § 602(b),
Pub. L. 103–337, div. A, title VI, § 601(c),
Pub. L. 103–160, div. A, title VI, § 603(b),
Pub. L. 101–189, div. A, title VI, § 601(c),
Pub. L. 100–456, div. A, title VI, § 601(d),
Pub. L. 100–180, div. A, title VI, § 601(c),
Pub. L. 99–661, div. A, title VI, § 601(c),
Pub. L. 98–94, title IX, § 902(b),
Pub. L. 97–60, title I, § 102(b),
Amendment by Pub. L. 96–343 effective with respect to periods for which pay and allowances are payable which begin after
Amendment by Pub. L. 93–419 effective
Amendment by Pub. L. 92–129 effective
Pub. L. 90–207, § 7,
Pub. L. 89–501, title III, § 304,
Pub. L. 89–132, § 10,
Pub. L. 88–422, § 4,
Amendment by Pub. L. 88–132 effective
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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of
Miscellaneous
Pub. L. 95–79, title III, § 302(b), (c),
Pub. L. 92–455, § 5,
Section 211 of Pub. L. 92–129 directed Secretary of Defense to report to Chairman of Armed Services Committees of Senate and of House of Representatives not later than
Pub. L. 92–129, title II, § 210,
Pub. L. 89–501, title III, § 302, After the effective date of this title, no increase in the basic pay or any of the allowances of members of the uniformed services on active duty shall increase the basic pay or any of the allowances of a member covered by the preceding provisions of this section.”
Pub. L. 89–132, § 8,
Pub. L. 88–422, § 2,
Pub. L. 88–422, § 3,
Pub. L. 88–132, § 13(b),
Pub. L. 90–207, § 8,
For adjustment of monthly pay rates under subsec. (c) of this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.
Prior to amendment of this section by Pub. L. 93–419, pay rates were adjusted by the following executive orders:
Ex. Ord. No. 11740,
Ex. Ord. No. 11692,
Ex. Ord. No. 11638,
Ex. Ord. No. 11577,
Ex. Ord. No. 11525,
Ex. Ord. No. 11475,
Ex. Ord. No. 11414,