10 U.S. Code § 12316 - Payment of certain Reserves while on duty
Historical and Revision Notes |
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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.
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.
Pub. L. 116–283, div. A, title VI, § 621(e), Jan. 1, 2021, 134 Stat. 3676, provided that:
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.