FEDERAL · 10 U.S.C. · Chapter 1209
Payment of certain Reserves while on duty
10 U.S.C. § 12316
Title10 — Armed Forces
Chapter1209 — ACTIVE DUTY
This text of 10 U.S.C. § 12316 (Payment of certain Reserves while on duty) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
10 U.S.C. § 12316.
Text
(a)Except as provided by subsection (c), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of the Reserve's earlier military service is entitled to retired or retainer pay, and who performs duty for which the Reserve is entitled to compensation, may elect to receive for that duty either—
(1)the pay and allowances authorized by law for the duty that the Reserve is performing; or
(2)if the Reserve specifically waives those payments, the retired or retainer pay to which the Reserve is entitled because of the Reserve's earlier military service.
(b)Except as provided by subsection (c), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of the Reserve's earlier military service is entitled to a pension or disability compensation, a
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Related
Anderson v. United States
54 Fed. Cl. 620 (Federal Claims, 2002)
Thomas H. Buffington v. Robert L. Wilkie
(Veterans Claims, 2019)
Source Credit
History
(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; Pub. L. 116–283, div. A, title VI, §621(a)–(d), Jan. 1, 2021, 134 Stat. 3675, 3676.)
Editorial Notes
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.
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 116–283, §621(a)(1), in introductory provisions, substituted "subsection (c)" for "subsection (b)", "the Reserve's earlier military service" for "his earlier military service", "retired or retainer pay" for "a pension, retired or retainer pay, or disability compensation", and "the Reserve is entitled" for "he is entitled".
Subsec. (a)(1), (2). Pub. L. 116–283, §621(a)(2), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
"(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."
Subsec. (b). Pub. L. 116–283, §621(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 116–283, §621(b)(1), (c), redesignated subsec. (b) as (c) and substituted "(a)(1) or (b)(2), as applicable," for "(a)(2)" in two places, "a Reserve's earlier military service are greater" for "his earlier military service are greater", "the Reserve's earlier military service" for "his earlier military service" in two places, "the Reserve is entitled" for "he is entitled", and "the Reserve or the Reserve's dependents" for "the member or his dependents".
Subsec. (d). Pub. L. 116–283, §621(d), added subsec. (d).
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 116–283, div. A, title VI, §621(e), Jan. 1, 2021, 134 Stat. 3676, provided that: "The amendments made by this section [amending this section] shall take effect 180 days after the date of the enactment of this Act [Jan. 1, 2021]."
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.
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.
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 116–283, §621(a)(1), in introductory provisions, substituted "subsection (c)" for "subsection (b)", "the Reserve's earlier military service" for "his earlier military service", "retired or retainer pay" for "a pension, retired or retainer pay, or disability compensation", and "the Reserve is entitled" for "he is entitled".
Subsec. (a)(1), (2). Pub. L. 116–283, §621(a)(2), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
"(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."
Subsec. (b). Pub. L. 116–283, §621(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 116–283, §621(b)(1), (c), redesignated subsec. (b) as (c) and substituted "(a)(1) or (b)(2), as applicable," for "(a)(2)" in two places, "a Reserve's earlier military service are greater" for "his earlier military service are greater", "the Reserve's earlier military service" for "his earlier military service" in two places, "the Reserve is entitled" for "he is entitled", and "the Reserve or the Reserve's dependents" for "the member or his dependents".
Subsec. (d). Pub. L. 116–283, §621(d), added subsec. (d).
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 116–283, div. A, title VI, §621(e), Jan. 1, 2021, 134 Stat. 3676, provided that: "The amendments made by this section [amending this section] shall take effect 180 days after the date of the enactment of this Act [Jan. 1, 2021]."
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.
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Bluebook (online)
10 U.S.C. § 12316, Counsel Stack Legal Research, https://law.counselstack.com/usc/10/12316.