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37 U.S.C. § 433Allowance for muster duty

submitted 37 years ago by Pub. L. 101-189 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 252 words · no verdicts yet

in plain englishAI-generated · not legal advice

Members of the Ready Reserve who are not in the National Guard or Selected Reserve get paid for muster duty of at least two hours. The payment is a flat rate based on a set travel allowance, and it covers all their costs for that duty. They can't also get paid separately for inactive-duty training on the same day.

(a) This subsection covers a member of the Ready Reserve who is not part of the National Guard or the Selected Reserve. Under rules set by the Secretaries concerned, that member gets an allowance for performing muster duty (a required reporting duty under section 12319 of title 10), but only if the member is on duty for at least two hours. (b) The allowance equals 125 percent of the average per diem rate for the United States, not counting Alaska and Hawaii, as set under section 452 of this title. The rate used is the one in effect on September 30 of the year before the muster duty happens. (c) This allowance cannot be paid "in kind" - it must be money, not goods or services. It can be paid before, on, or after the day of the muster duty, but no later than 30 days after that day. The payment is a single flat rate. It counts as full payment to the member, no matter their rank, covering travel to the muster location, transportation, meals, and the extra costs of being away from home and civilian life - including if that means missing weekends and holidays. (d) A member who performs muster duty cannot also be paid for inactive-duty training under section 206(a) of this title for that same time period.
the actual law source: uscode.house.gov ↗public domain
(a)

Under uniform regulations prescribed by the Secretaries concerned, a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve is entitled to an allowance for muster duty performed pursuant to section 12319 of title 10 if the member is engaged in that duty for at least two hours.

(b)

The amount of the allowance under this section shall be 125 percent of the amount of the average per diem rate for the United States (other than Alaska and Hawaii) under section 452 of this title as in effect on September 30 of the year preceding the year in which the muster duty is performed.

(c)

The allowance authorized by this section may not be disbursed in kind. The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date. The allowance shall constitute the single, flat-rate monetary allowance authorized for the performance of muster duty and shall constitute payment in full to the member, regardless of grade or rank in which serving, as commutation for travel to the immediate vicinity of the designated muster duty location, transportation, subsistence, and the special or extraordinary costs of enforced absence from home and civilian pursuits, including such absence on weekends and holidays.

(d)

A member who performs muster duty is not entitled to compensation for inactive-duty training under section 206(a) of this title for the same period.

Source credit: (Added Pub. L. 101–189, div. A, title V, § 502(b)(1), Nov. 29, 1989, 103 Stat. 1436; amended Pub. L. 101–510, div. A, title XIV, § 1484(h)(5), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 104–106, div. A, title XV, § 1501(d)(4)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 105–85, div. A, title VI, § 627, Nov. 18, 1997, 111 Stat. 1795; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(5), Dec. 23, 2022, 136 Stat. 2629.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 101-189 · 103 Stat. 1436
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1718
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 501
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1795
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1465
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1948
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2629

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-189 on 1989-11-29.

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