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37 U.S.C. § 203 — Rates

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 719 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets monthly base pay rates for the military, based on rank and years served. It also caps pay for senior officers and sets special pay for professors and cadets. Cadets and midshipmen get a fixed share of an officer's base pay.

(a)(1) Monthly base pay rates for each pay grade in the uniformed services follow section 1009 of this title, or whatever other law sets them. (2) No matter what the normal base pay rates say, pay for commissioned officers in grades O-7 through O-10 can't be more than the monthly rate for Executive Schedule Level II. Pay for all other officers and enlisted members can't be more than the monthly rate for Executive Schedule Level V. (b) A permanent professor at West Point, the Naval Academy, or the Air Force Academy — or a permanent commissioned teaching staff member at the Coast Guard Academy — who has more than 36 years of service (as counted under section 205) gets an extra $250 a month, on top of their normal pay. This extra pay doesn't count toward retirement pay. (c) A cadet at West Point, the Air Force Academy, or the Coast Guard Academy, or a midshipman at the Naval Academy, gets monthly cadet or midshipman pay equal to 35% of the base pay of an O-1 officer with less than two years of service. (d)(1) A commissioned officer in pay grade O-1, O-2, or O-3 who has more than four years of the kind of service described in (2) gets base pay calculated the same way as an officer in the same grade with more than four years of active enlisted service. (2) The service that counts here is: (A) active service as a warrant officer or as both a warrant officer and enlisted member; or (B) service as a warrant officer, enlisted member, or both, that earned the officer at least 1,460 points under section 12732(a)(2) of title 10. (e)(1) A student at the West Point, Naval Academy, or Air Force Academy prep school, chosen to attend from civilian life, gets the same monthly pay as cadets and midshipmen under (c). (2) A prep-school student who was already an enlisted member when chosen gets either the pay rate for their grade and years of service as an enlisted member, or the cadet/midshipman rate under (c) — whichever is more. (3) This prep-school pay is treated, for military retirement fund accounting purposes, the same as cadet or midshipman pay under (c). (f)(1) An officer candidate in the National Oceanic and Atmospheric Administration's basic officer training program gets monthly pay equal to the base pay of an E-5 enlisted member with less than two years of service, while in the program. (2) A graduate of that program gets credit for the training time as if it were active-duty service as a commissioned officer. Someone who doesn't graduate doesn't get that credit toward active duty or pay.
the actual law source: uscode.house.gov ↗public domain
(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).

(f)
(1)

An officer candidate enrolled in the basic officer training program of the commissioned officer corps of the National Oceanic and Atmospheric Administration is entitled, while participating in such program, to monthly officer candidate 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 program shall receive credit for the time spent participating in such program as if such time were time served while on active duty as a commissioned officer. If the individual does not graduate from such program, such time shall not be considered creditable for active duty or pay.

Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 456; Pub. L. 88–132, § 2, Oct. 2, 1963, 77 Stat. 210; Pub. L. 88–422, § 1, Aug. 12, 1964, 78 Stat. 395; Pub. L. 89–132, § 1, Aug. 21, 1965, 79 Stat. 545; Pub. L. 89–501, title III, § 301, July 13, 1966, 80 Stat. 276; Pub. L. 90–207, § 1(1), Dec. 16, 1967, 81 Stat. 649; Pub. L. 91–278, § 3(2), June 12, 1970, 84 Stat. 306; Pub. L. 92–129, title II, § 201, Sept. 28, 1971, 85 Stat. 355; Pub. L. 92–455, § 3, Oct. 2, 1972, 86 Stat. 761; Pub. L. 93–419, § 2, Sept. 19, 1974, 88 Stat. 1152; Pub. L. 95–79, title III, § 302(a)(2), July 30, 1977, 91 Stat. 326; Pub. L. 96–343, § 6(b), Sept. 8, 1980, 94 Stat. 1127; Pub. L. 97–60, title I, § 102(a), Oct. 14, 1981, 95 Stat. 992; Pub. L. 98–94, title IX, § 902(a), Sept. 24, 1983, 97 Stat. 635; Pub. L. 99–145, title XIII, § 1303(b)(1), Nov. 8, 1985, 99 Stat. 740; Pub. L. 99–661, div. A, title VI, § 601(c), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 100–180, div. A, title VI, § 601(c), Dec. 4, 1987, 101 Stat. 1092, as amended Pub. L. 100–202, § 110(b), Dec. 22, 1987, 101 Stat. 1329–436; Pub. L. 100–456, div. A, title VI, § 601(d), Sept. 29, 1988, 102 Stat. 1976; Pub. L. 101–189, div. A, title VI, § 601(c), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 103–160, div. A, title VI, § 603(a), Nov. 30, 1993, 107 Stat. 1678; Pub. L. 103–337, div. A, title VI, § 601(c), Oct. 5, 1994, 108 Stat. 2779; Pub. L. 104–201, div. A, title VI, § 602, Sept. 23, 1996, 110 Stat. 2540; Pub. L. 105–261, div. A, title VI, § 602(a), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106–65, div. A, title VI, § 601(d), Oct. 5, 1999, 113 Stat. 648; Pub. L. 106–398, § 1 [[div. A], title VI, § 612(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150; Pub. L. 107–107, div. A, title VI, § 602(a), Dec. 28, 2001, 115 Stat. 1132; Pub. L. 107–314, div. A, title X, § 1062(f)(1), Dec. 2, 2002, 116 Stat. 2651; Pub. L. 108–136, div. A, title VI, § 603, Nov. 24, 2003, 117 Stat. 1499; Pub. L. 109–163, div. A, title VI, §§ 602, 603, Jan. 6, 2006, 119 Stat. 3286; Pub. L. 109–364, div. A, title VI, § 602(a), Oct. 17, 2006, 120 Stat. 2245; Pub. L. 116–259, title III, § 305(d), Dec. 23, 2020, 134 Stat. 1174.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-649 · 76 Stat. 456
  • 1963Amended · Pub. L. 88-132 · 77 Stat. 210
  • 1964Amended · Pub. L. 88-422 · 78 Stat. 395
  • 1965Amended · Pub. L. 89-132 · 79 Stat. 545
  • 1966Amended · Pub. L. 89-501 · 80 Stat. 276
  • 1967Amended · Pub. L. 90-207 · 81 Stat. 649
  • 1970Amended · Pub. L. 91-278 · 84 Stat. 306
  • 1971Amended · Pub. L. 92-129 · 85 Stat. 355
  • 1972Amended · Pub. L. 92-455 · 86 Stat. 761
  • 1974Amended · Pub. L. 93-419 · 88 Stat. 1152
  • 1977Amended · Pub. L. 95-79 · 91 Stat. 326
  • 1980Amended · Pub. L. 96-343 · 94 Stat. 1127
  • 1981Amended · Pub. L. 97-60 · 95 Stat. 992
  • 1983Amended · Pub. L. 98-94 · 97 Stat. 635
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 740
  • 1986Amended · Pub. L. 99-661 · 100 Stat. 3874
  • 1987Amended · Pub. L. 100-180 · 101 Stat. 1092
  • 1988Amended · Pub. L. 100-456 · 102 Stat. 1976
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1445
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1678
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2779
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2540
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2037
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 648
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1132
  • 2002Amended · Pub. L. 107-314 · 116 Stat. 2651
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1499
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3286
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2245
  • 2020Amended · Pub. L. 116-259 · 134 Stat. 1174

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

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