10-U.S.C.-12316
§12316 – Payment of Certain Reserves While On Duty
Pathway
Title 10 > Subtitle E > Part II > Chapter 1209 > Section 12316
Details
- Reference: Section 12316
- Legend: §12316 – Payment of Certain Reserves While On Duty
- USCode Year: 2013
Provision Content
(a) Except as provided by subsection (b), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of his earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who performs duty for which he is entitled to compensation, may elect to receive for that duty either—
(1) the payments to which he is entitled because of his earlier military service; or
(2) if he specifically waives those payments, the pay and allowances authorized by law for the duty that he is performing.
(b) Unless the payments because of his earlier military service are greater than the compensation prescribed by subsection (a)(2), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of his earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who upon being ordered to active duty for a period of more than 30 days in time of war or national emergency is found physically qualified to perform that duty, ceases to be entitled to the payments because of his earlier military service until the period of active duty ends. While on that active duty, he is entitled to the compensation prescribed by subsection (a)(2). Other rights and benefits of the member or his dependents are unaffected by this subsection.
(Added Pub. L. 85–861, §1(15), Sept. 2, 1958, 72 Stat. 1441, §684; amended Pub. L. 93–586, §1, Jan. 2, 1975, 88 Stat. 1920; renumbered §12316, Pub. L. 103–337, div. A, title XVI, §1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 684(a) | 10 App.:369b (less proviso and last 3 sentences). 34 App.:853e–1 (less provisos and last 3 sentences). |
Aug. 2, 1946, ch. 756, §10; restated Sept. 27, 1950, ch. 1053, §1, 64 Stat. 1067; July 12, 1955, ch. 337, §§1, 4, 69 Stat. 300, 301. |
| 684(b) | 10 App.:369b (proviso and last 3 sentences). 34 App.:853e–1 (provisos and last 3 sentences). |
Sept. 27, 1950, ch. 1053, §2, 64 Stat. 1067; July 12, 1955, ch. 337, §§2, 4, 69 Stat. 301. |
In subsections (a) and (b), the words retirement pay are omitted as covered by the words retired pay.
In subsection (a), the words Except as provided by subsection (b) are inserted for clarity. The words who performs duty for which he is entitled to compensation, may elect to receive for that duty are substituted for the words may elect, with reference to periods of active duty, active duty for training, drill, training, instruction, or other duty for which they may be entitled to receive compensation pursuant to any provisions of law. The words Notwithstanding the provisions of any other law, in 10 App.:369b, and or relinquish are omitted as surplusage.
Subsection (a)(1) is substituted for clause (2) of 10 App.:369b, and clause (2) of 34 App.:853e–1.
In subsection (a)(2), the words pay and allowances authorized by law for the duty that he is performing are substituted for clause (1) of 10 App.:369b and 34 App.:853e–1.
In subsection (b), the word extended, the next to the last sentence of 10 App.: 369b and of 34 App.: 853e–1, and the first proviso of 34 App.:853e–1, are omitted as surplusage.
Amendments
1994—Pub. L. 103–337 renumbered section 684 of this title as this section.
1975—Subsecs. (a), (b). Pub. L. 93–586 inserted reference to Coast Guard.
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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-12244 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-12244, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-12243 in the Legal Encyclopedia: Army Reserve Personnel
In this entry about 10-U.S.C.-12243, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.
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