Volume 56 · 360
Public Law 77–413
To readjust the pay and allowances of personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service.
Approved June 16, 1942
Statutory text
AN ACT
To readjust the pay and allowances of personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, for the purpose
Pay Readjustment Act of 1942.
Services and grades included.
Post, p. 1037,
of computing the annual pay of the commissioned officers of the Regular Army and Marine Corps below the grade of brigadier general; of the Navy, the Coast Guard, and the Coast and Geodetic Survey below the grade of rear admiral; and of the Public Health Service below the grade of assistant to the Surgeon General, pay periods are prescribed, and the base pay for each is fixed as follows:
The first period, $1,800; the second period, $2,000; the third period,
Base pay for periods.
$2,400; the fourth period, $3,000; the fifth period, $3,500; and the sixth period, $4,000.
The pay of the sixth period shall be paid to colonels of the Army,
Sixth period.
Grade and service.
captains of the Navy, and officers of corresponding grade; to lieutenant colonels of the Army, commanders of the Navy, and officers of corresponding grade, and lieutenant commanders of the line and Engineer Corps of the Coast Guard, who have completed thirty years’ service; and to the Chief of Chaplains of the Army when not holding rank above that of colonel.
The pay of the fifth period shall be paid to lieutenant colonels of
Fifth period.
Grade and service.
the Army, commanders of the Navy, and officers of corresponding grade who are not entitled to the pay of the sixth period; and to majors of the Army, lieutenant commanders of the Navy, and officers of corresponding grade, who have completed twenty-three years’ service.
The pay of the fourth period shall be paid to majors of the Army,
Fourth period.
Grade and service.
lieutenant commanders of the Navy, and officers of corresponding grade who are not entitled to the pay of the fifth period; to captains of the Army, lieutenants of the Navy, and officers of corresponding grade, who have completed seventeen years’ service.
The pay of the third period shall be paid to captains of the Army,
Third period.
Grade and service.
lieutenants of the Navy, and officers of corresponding grade who are not entitled to the pay of the fourth period; to first lieutenants of the Army, lieutenants (junior grade) of the Navy, and officers of corresponding grade, who have completed ten years’ service.
The pay of the second period shall be paid to first lieutenants of the
Second period.
Grade and service.
Army, lieutenants (junior grade) of the Navy, and officers of corresponding grade who are not entitled to the pay of the third period; and to second lieutenants of the Army, ensigns of the Navy, and officers of corresponding grade, who have completed five years’ service; and to contract surgeons serving full time.
The pay of the first period shall be paid to all other officers whose
First period.
pay is provided for in this section.
Officers of any of the services mentioned in the title of this Act
Temporary appointments.
temporarily appointed to higher grades or ranks shall, for the purposes of this Act, be considered officers of such grades or ranks while holding such temporary appointments.
Every officer paid under the provisions of this section shall receive
Longevity pay.
an increase of 5 per centum or the base pay of his period for each three years of service up to thirty years.
Service to be counted in computing pay.
Post, p. 1037.
For officers appointed on and after July 1, 1922, no service shall be counted for purposes of pay except active commissioned service under a Federal appointment and commissioned service in the National Guard when called out by order of the President and service authorized
Ante, p. 6.
in section 2 (b) of the Act of January 19, 1942 (Public Law 402, Seventy-seventh Congress). For officers in the service on June 30, 1922, there shall be included in the computation all service which was then counted in computing longevity pay, and service as a contract surgeon serving full time; and also 75 per centum of all other periods of time during which they have held commissions as officers of the Organized Militia between January 21, 1903, and July 1, 1916, or of the National Guard, the Naval Militia, or the National Naval Volunteers
Basis For longevity pay.
since June 3, 1916, shall be included in the computation. Longevity pay for officers in any of the services mentioned in the title of this Act shall be based on the total of all service in any or all of said services which is authorized to be counted for longevity pay purposes under the provisions of this Act or as may otherwise be provided by law.
Application to persons receiving equivalent pay.
The provisions of this Act shall apply equally to those persons serving, not as commissioned officers in the Army or in the other services mentioned in the title of this Act, but whose pay under existing law is an amount equivalent to that of a commissioned officer of one of the above grades, those receiving the pay of colonel, lieutenant colonel, major, captain, first lieutenant, and second lieutenant, being classified as in the sixth, fifth, fourth, third, second, and first periods, respectively.
Sec. 2.
The base pay of any enlisted man, warrant officer, or nurse (female) in the military or naval forces of the United States shall be increased by 20 per centum and the base pay of any commissioned officer of any of the services mentioned in the title of this Act shall be increased by 10 per centum for any period of service while on sea duty as such duty may be defined by the head of the Department concerned, or duty in any place beyond the continental limits of the United States or in Alaska, which increases in pay shall be in addition
Provisos.
Aviation and submarine duty.
to pay and allowances otherwise authorized: Provided, That the per centum increases herein authorized shall be included in computing increases in pay for aviation and submarine duty: Provided further,
Effective period.
That this section shall be effective from December 7, 1941, and shall cease to be in effect twelve months after the termination of the present war is proclaimed by the President.
Sec. 3.
When officers of the National Guard or of the Reserve forces of any of the services mentioned in the title of this Act, including Reserve officers, are authorized by law to receive Federal pay, those serving in grades corresponding to those of colonel, lieutenant colonel, major, captain, first lieutenant, and second lieutenant of the Army shall receive the pay of the sixth, fifth, fourth, third, second, and first periods, respectively, unless entitled to the pay of a higher period
Longevity pay.
under the provisions of section 14 of this Act. Such officers whenever entitled to Federal pay, except armory drill and administrative function pay, shall receive as longevity pay, in addition to base pay, an increase thereof at the per centum and time rates up to thirty years
Credit for time commissions held in designated services.
provided in section 1 of this Act. In computing the increase of pay for each period of three years’ service, such officers shall be credited with full time for all periods during which they have held commissions as officers of any of the services mentioned in the title of this Act, or in the Organized Militia prior to July 1, 1916, or in the National Guard, National Guard of the United States, or in the Officers Reserve Corps, or in the Naval Militia, or in the National Naval Volunteers, or in the Naval Reserve force, Naval Reserve, Marine Corps Reserve force, Marine Corps Reserve, Coast Guard Reserve, and the Reserve Corps of the Public Health Service, when confirmed in grade and qualified for all general service.
Members of the Reserve forces of any of the services mentioned in
Federal pay for less than one month.
the title of this Act who shall become entitled to Federal pay for a continuous period of less than one month at the rates fixed for the regular services shall receive such pay for each day of such period, and the thirty-first day of a calendar month shall not be excluded from the computation.
Payments authorized under the provisions of the preceding paragraph
Accruals; time of payment.
may include the entire amount lawfully accruing to such persons as pay, allowances, and mileage on account, of such service, and, including pay and mileage for their return home, may be paid to them during said period and prior to their departure from the camp or other place at which such service is performed.
Sec. 4.
The term “dependent” as used in the succeeding sections of
“Dependent.”
this Act shall include at all times and in all places a lawful wife and unmarried children under twenty-one years of age. It shall also include the father or mother of the person concerned provided he or she is in fact dependent on such person for his or her chief support: Provided, That the term “children” shall be held to include stepchildren
Proviso.
“Children.”
and adopted children when such stepchildren or adopted children are in fact dependent upon the person claiming dependency allowance.
Sec. 5.
Each commissioned officer on the active
Subsistence allowance for designated officers.
list, or on active duty, below the grade of brigadier general or its equivalent, in any of the services mentioned in the title of this Act, shall be entitled at all times, in addition to his pay, to a money allowance for subsistence. The value of one subsistence allowance is hereby fixed at 70 cents per day. To each officer of any of the said services receiving the base pay of the first, second, third, or sixth period the amount of this allowance shall be equal to two subsistence allowances, and to each officer receiving the base pay of the fourth or fifth period the amount of this allowance shall be equal to three subsistence allowances: Provided, That an officer with no dependents shall receive one
Proviso.
subsistence allowance in lieu of the above allowances.
Sec. 6.
Except as otherwise provided in this section, each commissioned
Rental allowance.
officer below the grade of brigadier general or its equivalent, in any of the services mentioned in the title of this Act, while either on active duty or entitled to active-duty pay shall be entitled at all times to a money allowance for rental of quarters.
To an officer having a dependent, receiving the base pay of the first
Officer with dependent.
period the amount of said allowance shall be $60 per month, to such an officer receiving the base pay of the second period the amount of this allowance shall be $75 per month, to such an officer receiving the base pay of the third period the amount of this allowance shall be $90 per month, to such an officer receiving the base pay of the fourth period the amount of this allowance shall be $105 per month, and to such an officer receiving the base pay of the fifth or sixth period the amount of this allowance shall be $120 per month.
To an officer having no dependents, receiving the base pay of the
Officer with no dependents.
first period the amount of said allowance shall be $45 per month, to such an officer receiving the base pay of the second period the amount of said allowance shall be $60 per month, to such an officer receiving the base pay of the third period the amount of said allowance shall be $75 per month, to such an officer receiving the base pay of the fourth period the amount of said allowance shall be $90 per month, and to such an officer receiving the base pay of the fifth or sixth period the amount of said allowance shall be $105 per month.
When rental allowance not to accrue.
Post, p. 371.
No rental allowance shall accrue to an officer having no dependents while he is on field or sea duty, nor shall any rental allowance accrue to an officer with or without dependents who is assigned quarters at his permanent station unless a competent superior authority of the service concerned certifies that such quarters are not adequate for the
Proviso.
Dependents excluded from quarters.
occupancy of the officer and his dependents, if any: Provided, That an officer although furnished with quarters shall be entitled to rental allowance as authorized in this section if by reason of orders of competent authority his dependents are prevented from occupying such quarters.
Uniformity of regulations.
Regulations in execution of the provisions of this section shall be made by the President and shall, whenever practicable, in his judgment, be uniform for all of the services concerned, including adjunct forces thereof.
Sec. 7.
The annual base pay of a brigadier general of the Army or the Marine Corps, rear admiral (lower half) of the Navy, the Coast Guard, or the Coast and Geodetic Survey, the Assistant Commandant of the Coast Guard, the Engineer in Chief of the Coast Guard, commodore of the Navy, an Assistant Director of the Coast and Geodetic Survey, and an assistant to the Surgeon General of the Public
Major general, etc.
Annual base pay.
Health Service, shall be $6,000; and the annual base pay of a major general of the Army or the Marine Corps and of a rear admiral (upper half) of the Navy, the Coast Guard, or the Coast and Geodetic Survey or the Surgeon General of the Public Health Service shall be
Allowances.
$8,000, Every such officer shall be entitled to the money allowances for subsistence and for rental of quarters authorized in sections 5 and 6 of this Act for officers receiving the pay of the sixth period.
Vice admiral, etc.
Pay and allowances.
Officers of the Navy serving in the grade of vice admiral, officers of the Army serving in the grade of lieutenant general, and officers of the other services mentioned in the title of this Act serving in corresponding grades, shall be entitled, while so serving, to the pay and allowances of a rear admiral (upper half) and to a personal money
Admiral, etc.
Pay and allowances.
allowance of $500 per year. Officers of the Navy serving in the grade of admiral or as Chief of Naval Operations, officers of the Army serving in the grade of general or as Chief of Staff of the Army, and officers of the other services mentioned in the title of this Act serving in corresponding grades, shall be entitled, while so serving, to the pay and allowances of a rear admiral (upper half) and to a personal money allowance of $2,200 per year.
Sec. 8.
Warrant officers (junior grade) of the Army except first mates and assistant engineers of the Army Mine Planter Service, and warrant officers of the Navy, Marine Corps, and Coast Guard, shall receive the base pay of the first period as established by section 1 of this Act and shall be entitled to the money allowances for subsistence and for rental of quarters as established by sections 5 and 6 of this Act for officers receiving the pay of the first period.
Army Mine Planter Service.
First mates and assistant engineers.
First mates and assistant engineers of the Army Mine Planter Service shall receive base pay at the rate of $1,950 per annum and shall be entitled to the money allowances for subsistence and for rental of quarters as established by sections 5 and 6 of this Act for officers receiving the pay of the first period.
Chief warrant officers, etc.
Chief warrant, officers of the Army except masters in the Army Mine Planter Service, and commissioned warrant officers with less than ten years of commissioned service, of the Navy, Marine Corps, and Coast Guard, shall receive base pay at the rate of $2,100 per annum and shall be entitled to the money allowances for subsistence and for rental of quarters as established by sections 5 and 6 of this
Provisos.
Promotions.
Act for officers receiving the pay of the second period: Provided, That a commissioned warrant officer or chief warrant officer promoted from the grade of warrant officer or warrant officer (junior grade) shall suffer no reduction of pay by reason of such promotion: Provided further, That nothing herein contained shall be held to affect the
Pay and allowances.
authority of the Secretary of War to designate permanent or temporary chief warrant officers of the Army to receive the base pay and allowances of the third and fourth pay periods as provided in section
3 of the Act approved August 21, 1941 (Public Law 230, Seventy-seventh Congress).
Commissioned warrant officers of the Navy, Marine Corps, and
Commissioned warrant officers after 10 years’ service.
Masters, Army Mine Planter Service.
Coast Guard with creditable records on the active list, after ten years of commissioned service, and masters in the Army Mine Planter Service, shall receive the base pay of the third period as established by section 1 of this Act and shall be entitled to the money allowances for subsistence and for rental of quarters as established by sections 5 and 6 of this Act for officers receiving the pay of the third period.
Commissioned warrant officers of the Navy, Marine Corps, and
Commissioned warrant officers after 20 years’ service.
Coast Guard, with creditable records on the active list, after twenty years of commissioned service, shall receive the base pay of the fourth period as established by section 1 of this Act and shall be entitled to the money allowances for subsistence and for rental of quarters as established by sections 5 and 6 of this Act for officers receiving the pay of the fourth period.
Every person paid under the provisions of this section shall receive
Longevity increase.
an increase of 5 per centum of the base pay of his period for each three years of service, not exceeding thirty years. Such service shall
Service credits.
be: active Federal service in any of the services mentioned in the title of this Act or Reserve components thereof; service in the active National Guard of the several States, Territories, and the District of Columbia; and service in the Naval Reserve, Marine Corps Reserve, and the Coast Guard Reserve: Provided, That commissioned warrant
Proviso.
Limitation.
officers shall be credited only with all commissioned service in any of the services mentioned in the title of this Act including commissioned service in the Reserve components thereof and the National Guard.
When the total pay and allowances authorized by this section for
Maximum of pay and allowances.
any person shall exceed the rate of $458.33 per month, the amount of the allowances to which such person is entitled shall be reduced by the amount above $458.33.
Sec. 9.
The monthly base pay of enlisted men of the Army, Navy,
Enlisted men.
Monthly base pay.
Marine Corps, and Coast Guard shall be as follows: Enlisted men of the first grade, $138; enlisted men of the second grade, $114; enlisted men of the third grade, $96; enlisted men of the fourth grade, $78; enlisted men of the fifth grade, $66; enlisted men of the sixth grade, $54: and enlisted men of the seventh grade, $50. Chief petty officers
Acting chief petty officers.
under acting appointment shall be included in the first grade at a monthly base pay of $126.
For purposes of pay enlisted men of the Army, the Navy, and the
Distribution in pay grades.
Marine Corps, and the Coast Guard shall be distributed in the several pay grades by the Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury, respectively.
Every enlisted man paid under the provisions of this section shall
Longevity Increase.
receive an increase of 5 per centum of the base pay of his grade for each three years of service up to thirty years. Such service shall be active Federal service in any of the services mentioned in the title of this Act or Reserve components thereof; service in the active National Guard of the several States, Territories, and the District of Columbia; and service in the enlisted Reserve Corps of the Army, the Naval Reserve, the Marine Corps Reserve, and the Coast Guard Reserve.
Sec. 10.
To each enlisted man not furnished quarters or rations in
Enlisted men.
Allowance for quarters and subsistence.
kind there shall be granted, under such regulations as the President may prescribe, an allowance for quarters and subsistence, the value of which shall depend on the conditions under which the duty of the
Proviso.
Advance payments.
man is being performed, and shall not exceed $5 per day: Provided, That payments of allowances for quarters and subsistence may be made in advance to enlisted men under such regulations as the President may prescribe. These regulations shall be uniform for all the
Subsistence for pilots.
services mentioned in the title of this Act. Subsistence for pilots shall be paid in accordance with existing regulations, and rations for enlisted men may be commuted as now authorized by law.
Allowance for dependent’s quarters.
Each enlisted man of the first, second, or third grade, in the active military, naval, or Coast Guard service of the United States having a dependent as defined in section 4 of this Act, shall, under such regulations as the President may prescribe, be entitled to receive, for any period during which public quarters are not provided and available for his dependent, the monthly allowance for quarters authorized by law to be granted to each enlisted man not furnished quarters in
Proviso.
kind: Provided, That such enlisted men shall continue to be entitled to this allowance although receiving the allowance provided in the first paragraph of this section if by reason of orders of competent authority his dependent is prevented from dwelling with him.
Allowances during sickness or absence.
Enlisted men entitled to receive allowances for quarters or subsistence, shall continue, while their permanent stations remain unchanged, to receive such allowances while sick in hospital or absent
Proviso.
from their permanent-duty stations in a pay status: Provided, That allowances for subsistence shall not accrue to such an enlisted man while he is in fact being subsisted at Government expense.
Reenlistment allowance.
An enlistment allowance equal to $50, multiplied by the number of years served in the enlistment period from which he has last been discharged, shall be paid to every honorably discharged enlisted man of the first three grades who reenlists within a period of three months from the date of his discharge, and an enlistment allowance of $25, multiplied by the number of years served in the enlistment period from which he has last been discharged, shall be paid to every honorably discharged enlisted man of the other grades who reenlists within
Proviso.
a period of three months from the date of his discharge: Provided, That the provisions of this paragraph shall not affect the provisions
of the Act approved August 18, 1941 (Public Law 215, Seventy-seventh Congress): Provided further, That during the present war and for six months thereafter the provisions of section 2 of the Act
of August 18, 1941 (Public Law 215, Seventy-seventh Congress) are hereby suspended.
Clothing for enlisted men.
Hereafter the President may prescribe the quantity and kind of clothing which shall be furnished annually to enlisted men of the Navy, the Coast Guard, the Naval Reserve, and the Coast Guard Reserve, and he may prescribe the amount of a cash allowance to be paid to such enlisted men in any case in which clothing is not so furnished to them.
Sec. 11.
The pay and allowances of whatever nature and kind to be authorized for the enlisted men of the Philippine Scouts shall be fixed by the Secretary of War and shall not exceed or be of other classes than those now or which may hereafter be authorized by law for enlisted men of the Regular Army.
Navy insular force.
The rates of pay of enlisted men of the insular force of the Navy shall be one-half the rates of pay prescribed for enlisted men of the Navy in corresponding grades.
Sec. 12.
Officers of any of the services mentioned in the title of this Act, including Reserve components thereof and the National Guard, while on active duty in the Federal service, when traveling under competent orders without troops shall receive a mileage allowance at the rate of 8 cents per mile, distance to be computed by the shortest usually traveled route and existing laws providing for the issue of transportation requests to officers of the Army traveling under competent orders, and for deduction to be made from mileage accounts when transportation is furnished by the United States, are hereby made applicable to all the services mentioned in the title of this Act, but in cases when orders are given for travel to be performed repeatedly between two or more places in the same vicinity, as determined by the head of the executive department concerned, he may, in his discretion, direct that actual and necessary expenses only be allowed. Actual
Travel in Alaska and outside U. S. limits in North America.
expenses only shall be paid for travel under orders in Alaska and outside the limits of the United States in North America.
Unless otherwise expressly provided by law, no officer of the services
Subsistence while traveling; limitation.
mentioned in the title of this Act shall be allowed or paid any sum in excess of expenses actually incurred for subsistence while traveling on duty away from his designated post of duty, nor any sum for such expenses actually incurred in excess of $7 per day. The heads of the
Per diem in lieu of subsistence.
executive departments concerned are authorized to prescribe per diem rates of allowance, not exceeding $6, in lieu of subsistence to officers traveling on official business and away from their designated posts of duty: Provided, That for travel by air under competent orders on
Proviso.
Travel by air
duty without troops, under regulations to be prescribed respectively by the heads of the departments concerned, members (including officers, warrant officers, contract surgeons, enlisted men, aviation cadets, and members of the Nurse Corps) of the services mentioned in the title of this Act, and of the legally constituted Reserves of said services while on active duty, and of the National Guard while in Federal service, or while participating in exercises, or performing duties under sections 92, 94, 97, or 99 of the National Defense Act,
39 Stat. 206, 207.
32 U. S. C, §§ 62–65, 144–146.
shall, in lieu of mileage or other travel allowances, be allowed and paid their actual and necessary traveling expenses not to exceed $8 per day, or, in lieu thereof, per diem allowances at rates not to exceed $6 per day.
Travel by personnel of the services mentioned in the title of this
Travel on commercial aircraft.
Act, including the Reserve components thereof and the National Guard while on active duty in the Federal service, on commercial aircraft, domestic or foreign, including travel between airports and centers of population or posts of duty when incidental to travel on commercial aircraft, shall be allowed at public expense when authorized or approved by competent authority, and transportation requests for such travel may be issued upon such authorizations. Such expense shall be allowed without regard to comparative costs of transportation by aircraft with other modes of transportation.
Individuals belonging to any of the services mentioned in the title
Travel by privately owned conveyance.
of this Act, including the National Guard and the Reserves of such services, traveling under competent orders which entitle them to transportation or transportation and subsistence as distinguished from mileage, who, under regulations prescribed by the head of the department concerned, travel by privately owned conveyance shall be entitled, in lieu of transportation by the shortest usually traveled route now authorized by law to be furnished in kind, to a money allowance at the rate of 3 cents per mile for the same distance: Provided,
Proviso.
Ante, p. 39.
Transportation of dependents on permanent change of station.
That this provision shall not apply to any person entitled to traveling expenses under the Subsistence Expense Act of 1926.
When any officer, warrant officer, or enlisted man above the fourth grade, having dependents as defined in section 4 hereof, is ordered to make a permanent change of station, the United States shall furnish transportation in kind from funds appropriated for the transportation of the Army, the Navy, the Marine Corps, the Coast Guard, the Coast and Geodetic Survey, and the Public Health Service to his new station for such dependents: Provided, That for persons in the naval
Provisos.
“Permanent station.”
service the term “permanent station” as used in this section shall be interpreted to mean a shore station or the home yard or home portof the vessel to which the person concerned may be ordered; and a duly authorized change in home yard or home port of such vessel
Payment of excess cost.
shall be deemed a change of station: Provided further, That if the cost of such transportation exceeds that for transportation from the old to the new station, the excess cost shall be paid to the United States by the officer, warrant officer, or enlisted man concerned:
Transportation beyond continental limits of U.S.
Provided further, That transportation supplied the dependents of such officer, warrant officer, or enlisted man, to or from stations beyond the continental limits of the United States, shall not be other than by Government transport, if such transportation is available as may be
Household effects.
Ante, p. 315.
determined by the head of the department concerned: Provided further, That the personnel of all the services mentioned in the title of this Act shall have the benefit of all existing laws applying to the Army and Marine Corps for the transportation of household effects:
Money payment in lieu of transportation in kind.
And provided further, That in lieu of transportation in kind authorized by this section for dependents, the President may authorize the payment in money of amounts equal to such commercial transportation costs for the whole or such part of the travel for which transportation in kind is not furnished when such travel shall have been completed.
“Permanent change of station.”
The words “permanent change of station” as used in this section shah include the change from home to first station and from last station to home when ordered to active duty other than training duty, of any officer, warrant officer, nurse, or enlisted man of any of the services mentioned in the title of this Act, including retired personnel and members of the Reserve components thereof, in a grade for which the transportation of dependents is authorized at Government expense, and the change from last station to home in connection with retirement, relief from active duty, or transfer to a Reserve component.
Travel on Government-owned vessels.
Personnel of any of the services mentioned in the title of this Act performing travel on Government-owned vessels for which no transportation fare is charged shall be entitled only to reimbursement of actual and necessary expenses incurred.
Travel status; travel without troops.
The head of the department concerned may determine what shall constitute a travel status and travel without troops within the meaning of the laws governing the payment of mileage or other travel expenses.
Sec. 13.
The annual base pay of female nurses of the Army and Navy shall be as follows: During the first three years of service, $1,080; from the beginning of the fourth year of service until the completion of the sixth year of service, $1,260: from the beginning of the seventh year of service until the completion of the ninth year of service, $1,440; from the beginning of the tenth year of service until the completion of the twelfth year of service, $1,620; from the beginning of the thirteenth year of service, $1,800.
Superintendents, directors, etc.
Superintendents of the Nurse Corps shall receive pay at the rate of $2,500 a year, assistant superintendents, directors, and assistant directors at the rate of $1,500 a year, and chief nurses at the rate of $600
Allowances for subsistence and quarters.
a year, in addition to their base pay as nurses. Nurses shall be entitled to the money allowances for subsistence and for rental of quarters as established by sections 5 and 6 of this Act for officers receiving the pay of the first period.
Retirement for other than physical disability.
Computation of pay.
The annual pay of a retired member of the Army Nurse Corps or the Navy Nurse Corps retired for other than physical disability shall be 3 per centum of the total annual active duty pay which she is receiving at the time of retirement multiplied by the number of complete years of service rendered prior to retirement, but not exceeding
Provisos.
Fractional year.
75 per centum of such annual active-duty pay: Provided, That in computing the period of service for retired pay a fractional year of six months or more shall be considered a full year: Provided further, That for the purpose of computing eligibility for retirement and
Service credits
retired pay, there shall be credited active service in the Army Nurse Corps and in the Navy Nurse Corps, active service as contract nurse prior to February 2, 1901, and service as a Reserve nurse on active duty since February 2, 1901.
Sec. 14.
Officers, warrant officers, and enlisted men of the Reserve
Reserve forces on active duty.
Pay and allowances.
forces of any of the services mentioned in the title of this Act, when on active duty in the service of the United States, shall be entitled to receive the same pay and allowances as are authorized for persons of corresponding grade and length of service in the Regular Army, Navy, Marine Corps, Coast Guard, or Public Health Service.
Officers, warrant officers, and enlisted men of the National Guard,
National Guard personnel when in Federal service, etc.
39 Stat. 206, 207.
when in the Federal service or when participating in exercises or performing the duties provided for by sections 94, 97, and 99 of the National Defense Act, as amended, shall receive the same pay and allowances as are authorized for persons of corresponding grade and length of service in the Regular Army.
Under such regulations as the Secretary of War may prescribe,
National Guard. Pay for regular drill, etc.
officers of the National Guard, other than general officers, and warrant officers and enlisted men of the National Guard, shall receive compensation at the rate of one-thirtieth of the monthly pay authorized for such persons when in the Federal service, for each regular drill, period of appropriate duty, or other equivalent period of training, authorized by the Secretary of War, at which they shall have been engaged for the entire prescribed period of time: Provided, That
Provisos.
such pay shall be in addition to compensation for attendance at field or coast-defense instruction or maneuvers. General officers of the
General officers.
National Guard shall receive $500 a year in addition to compensation for attendance at field or coast-defense instruction or maneuvers, for satisfactory performance of their appropriate duties. In addition to
Certain commanding officers having administrative functions.
pay herein provided, officers of the National Guard commanding organizations less than a brigade and having administrative functions connected therewith shall, whether or not such officers belong to such organizations, receive not more than $240 a year for the faithful performance of such administrative functions under such regulations as the Secretary of War may prescribe: Provided, That the provisions
When provisions not applicable.
of this paragraph shall not apply when such persons are on active duty in the Federal service.
Sec. 15.
On and after the effective date of this Act, retired officers,
Fleet Reserve and Fleet Marine Corps Reserve.
Computation of retired pay, etc.
warrant officers, nurses, enlisted men, and members of the Fleet Reserve and Fleet Marine Corps Reserve shall have their retired pay, retainer pay, or equivalent pay, computed as now authorized by law on the basis of pay provided in this Act, which pay shall include increases for all active duty performed since retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve in the computation of their longevity pay and pay periods: Provided, That nothing
Proviso.
Present pay not reduced.
contained in this Act shall operate to reduce the present pay of officers, warrant officers, nurses, and enlisted men now on the retired list or drawing retainer pay, or personnel in an equivalent status in any of the services mentioned in the title of this Act. Retired officers
Retired personnel on active duty.
Pay and allowances
of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service and retired warrant officers, nurses, and enlisted men of those services, shall, when on active duty, receive full pay and allowances of the grade or rank in which they serve on such active duty and, when on active duty status, shall have the same pay and allowance rights while on leave of absence or sick as officers on the active list, and, if death occurs when on active duty
Death benefits.
status, while on leave of absence or sick, their dependents shall not
41 Stat. 367, 766.
thereby be deprived of the benefits provided in the Act approved December 17, 1919, as amended, and in the Act of June 4, 1920.
Computation of retired pay of officers.
Active duty subsequent to retirement.
In the computation of the retired pay of officere heretofore or hereafter retired with pay at the rate of 2½, 3, or 4 per centum of the active duty pay received by them at the time of retirement multiplied by the number of years of service for which entitled to credit in the computation of their pay on the active list, not to exceed a total of 75 per centum of said active duty pay, active duty performed by such retired officers subsequent to the date of their retirement shall be counted for the purpose of computing percentage rates and increases
Rate of Increases.
with respect to their retired pay. The increases shall be at the rate of 2½, 3, or 4 per centum for each year of active duty and a fractional year of six months or more shall be considered a full year in
Maximum pay.
computing the number of years: Provided, That the increased retired pay of such retired officers shall in no case exceed 75 per centum of the active duty pay as authorized by existing law.
Officers heretofore retired under designated provisions.
41 Stat. 773.
10 U. S. C. § 671; Supp. I, § 571.
The retired pay of any officer heretofore retired under the provisions of section 24b, National Defense Act, June 3, 1916, as amended, who served in any capacity as a member of the military or naval forces of the United States prior to November 12, 1918, shall be 75
Proviso.
per centum of his active-duty pay: Provided, That no back pay, allowances, or other emoluments shall be held to accrue for any period prior to June 1, 1942, as a result of the enactment of this paragraph.
Certain officers hereafter retired.
Retired pay.
The retired pay of any officer of any of the services mentioned in the title of this Act who served in any capacity as a member of the military or naval forces of the United States prior to November 12, 1918, hereafter retired under any provision of law, shall, unless such officer is entitled to retired pay or a higher grade, be 75 per centum of his active duty pay at the time of his retirement.
Sec. 16.
Under such regulations as the President may prescribe, enlisted men of the Army, Navy, Marine Corps, and Coast Guard may receive additional compensation not less than $1 nor more than $5 per month, for special qualification in the use of the arm or arms which they may be required to use.
Sec. 17.
Cadets at the United States Military Academy, midshipmen at the United States Naval Academy, and cadets at the Coast Guard Academy shall be entitled to pay at the rate of $780 per annum, and to allowances as now or hereafter provided by law for midshipmen in the Navy, and to transportation, including reimbursement of traveling expenses, while traveling under orders as a cadet or midshipman.
Sec. 18.
Officers, warrant officers, nurses, and enlisted men of any of the services mentioned in the title of this Act and members of the Reserve forces of such services, and the National Guard shall receive an increase of 50 per centum of their pay when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent flights as defined by such Executive orders as nave heretofore been, or may hereafter be, promulgated
Proviso.
National Guard.
Basis when entitled to armory-drill pay.
by the President: Provided, That when personnel of the National Guard are entitled to armory-drill pay, the increase of 50 per centum thereof herein provided shall be based on the entire amount of such armory-drill pay to which they shall be entitled for a calendar month or fractional part thereof, and the required aerial flights may be made at ordered drills of an air-service organization, or at other
Regulations.
times when so authorized by the President. Regulations in execution of the provisions of this paragraph shall be made by the President and shall, whenever practicable in his judgment, be uniform for all of the services concerned.
Any officer, warrant officer, or enlisted man of the Army, Navy,
Parachute duty.
Additional pay
Marine Corps, or Coast Guard of the United States, not in flying-pay status, who is assigned or attached as a member of a parachute unit, including parachute-jumping schools, and for whom parachute jumping is an essential part of his military duty and who, under such regulations as may be prescribed by the Secretary of War, the Secretary of the Navy, or the Secretary of the Treasury, has received a rating as a parachutist or is undergoing training for such a rating shall receive, while engaged upon duty designated by the head of the department concerned as parachute duty, additional pay of the rate of $100 per month in the case of any such officer or warrant officer, and additional pay at the rate of $50 per month in the case of any such enlisted man.
Sec. 19.
No person, active or retired, of any of the services mentioned
No reduction in present compensation.
in the title of this Act, including the Reserve components thereof and the National Guard, shall suffer, by reason of this Act, any reduction in any pay, allowances, or compensation to which he was entitled upon the effective date of this Act: Provided, however,
Proviso.
Transfers of enlisted men; benefits.
That nothing in this Act shall be construed to deprive any enlisted man transferred to the Fleet Reserve on or prior to the date of enactment of this Act, or transferred from the Fleet Reserve to the retired list of the regular Navy for physical disability, of any benefits, including pay, allowances, or compensation, which he would be entitled to receive upon the completion of thirty years under laws in force on the date of enactment of this Act.
The Act of June 10, 1922 (42 Stat. 625), as amended, subsections
Repeals.
37 U. S. C. §§ 1–31; Supp I, §§ 19, 26.
Ante, pp. 148, 190.
50 U. S. C., Supp. I, app. § 358.
10 U. S. C. § 980; Supp. I, § 982a.
12 (a), (b), and (c), of the Selective Training and Service Act of 1940 (54 Stat. 885), section 18 of the Act of March 7, 1942 (Public Law 490, Seventy-seventh Congress), and section 8 of the Service Extension Act of 1941 (Public Law 213, Seventy-seventh Congress, approved August 18, 1941), and those portions of the Act of March 2, 1907 (34 Stat. 1217), and of the Act of June 30, 1941 (Public Law 140, Seventy-seventh Congress), which authorize allowances for enlisted men on the retired list, and all other laws and parts of laws which are inconsistent with the provisions of this Act, are hereby repealed: Provided, That Acts or parts of Acts incorporating directly,
Proviso.
by implication, or by reference, the provisions of the Act of June 10, 1922, as amended, and not in conflict herewith, shall not be considered modified by the provisions of this Act, except that the pay, allowances, or compensation established herein shall be substituted for the pay, allowances, or compensation set out in the Act of June 10, 1922, as amended.
No back pay or allowances for any period prior to June 1, 1942,
No back pay, etc.
shall accrue by reason of the enactment of this Act.
The provisions of this Act shall become effective as of June 1, 1942.
Sec. 20.
Beginning June 1, 1942,
Effective date.
the Secretary of War and the
Persons commissioned from civilian life.
Report to Congress
Secretary of the Navy shall every sixty days thereafter report to the Congress the name, age, legal residence, rank, branch of the service, with special qualification therefor, of each person commissioned during said period in the Army of the United States and in the Naval Establishment respectively from civilian life, who prior thereto has had no commissioned military service: Provided, That the Secretary
Proviso.
Exception.
of War or the Secretary of the Navy shall not be required to report persons commissioned where such disclosure would in his opinion jeopardize the national interest or safety.
Sec. 21.
This Act may be cited as the “Pay Readjustment Act of
Short title
1942”.
Approved, June 16, 1942.