10-U.S.C.-1217
§1217 – Academy Cadets and Midshipmen: Applicability of Chapter
Pathway
Title 10 > Subtitle A > Part II > Chapter 61 > Section 1217
Details
- Reference: Section 1217
- Legend: §1217 – Academy Cadets and Midshipmen: Applicability of Chapter
- USCode Year: 2013
Provision Content
(a) This chapter applies to cadets at the United States Military Academy, the United States Air Force Academy, and the United States Coast Guard Academy and midshipmen of the United States Naval Academy, but only with respect to physical disabilities incurred after October 28, 2004.
(b) Monthly cadet pay and monthly midshipman pay under section 203(c) of title 37 shall be considered to be basic pay for purposes of this chapter and the computation of retired pay and severance and separation pay to which entitlement is established under this chapter.
(Aug. 10, 1956, ch. 1041, 70A Stat. 100; Pub. L. 85–861, §33(a)(7), Sept. 2, 1958, 72 Stat. 1564; Pub. L. 108–375, div. A, title V, §555(b)(1), Oct. 28, 2004, 118 Stat. 1914; Pub. L. 109–364, div. A, title X, §1071(a)(6), Oct. 17, 2006, 120 Stat. 2398.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1217 | [No source]. | [No source]. |
The revised section is inserted to reflect the limited definition of the word member in section 102(b) of the Career Compensation Act of 1949 (37 U.S.C. 231(b)).
1958 Act
Aviation cadets were omitted from chapter 61 because Title IV of the Career Compensation Act of 1949 (formerly 37 U.S.C. 271 et seq.), which was the source law for this chapter, covered only members entitled to basic pay and it was believed that aviation cadets were not so entitled. However, the Comptroller General has ruled that aviation cadets are entitled to basic pay (30 Comp. Gen. 431). Accordingly, aviation cadets were covered by Title IV and should not be excepted from chapter 61.
Amendments
2006—Subsec. (a). Pub. L. 109–364 substituted October 28, 2004 for the date of the enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.
2004—Pub. L. 108–375 amended section catchline and text generally. Prior to amendment, text read as follows: This chapter does not apply to cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or to midshipmen of the Navy.
1958—Pub. L. 85–861 struck out provisions which made chapter inapplicable to aviation cadets.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1187 in the Legal Encyclopedia: General Military Law
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10-U.S.C.-1211 in the Legal Encyclopedia: Disabilities
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