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Title 37 — Pay and Allowances of the Uniformed Services

Chapter 3 — Basic Pay

§ 210. Pay of senior enlisted members during terminal leave and while hospitalized

Statutory text

(a)

A noncommissioned officer of an armed force who, immediately following the completion of service as the senior enlisted member of that armed force or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau, is placed on terminal leave pending retirement shall be entitled, for not more than 60 days while in such status, to the rate of basic pay authorized for the senior enlisted member of that armed force.

(b)

A noncommissioned officer of an armed force who is hospitalized and who, during or immediately before such hospitalization, completed service as the senior enlisted member of that armed force, shall continue to be entitled, for not more than 180 days while so hospitalized, to the rate of basic pay authorized for the senior enlisted member of that armed force.

(c)

In this section, the term “senior enlisted member” means the following:

(1)

The Sergeant Major of the Army.

(2)

The Master Chief Petty Officer of the Navy.

(3)

The Chief Master Sergeant of the Air Force.

(4)

The Sergeant Major of the Marine Corps.

(5)

The Chief Master Sergeant of the Space Force.

(6)

The Master Chief Petty Officer of the Coast Guard.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Years 1992 and 1993

    Pub. L. 102–190 div. A title VI § 606(a) · 105 Stat. 1290

    Enacted · 37 U.S.C. § 210

    Added Pub. L. 102–190, div. A, title VI, § 606(a), Dec. 5, 1991, 105 Stat. 1374

    Source evidence

    Code source credit
    Added Pub. L. 102–190, div. A, title VI, § 606(a), Dec. 5, 1991, 105 Stat. 1374

    Enacted provision · exact public law section
    (a) Basic Pay During Terminal Leave.— Chapter 3 of title 37, United States Code, is amended by adding at the end the following new section: “§ 210. Pay of the senior noncommissioned officer of an armed force during terminal leave “(a) A noncommissioned officer of an armed force who, immediately following the completion of service as the senior enlisted member of that armed force, is placed on terminal leave pending retirement shall be entitled, for not more than 60 days while in such status, to the rate of basic pay authorized for the senior enlisted member of that armed force. “(b) In this section, the term ‘senior enlisted member’ means the following: “(1) The Sergeant Major of the Army. “(2) The Master Chief Petty Officer of the Navy. “(3) The Chief Master Sergeant of the Air Force. “(4) The Sergeant Major of the Marine Corps. “(5) The Master Chief Petty Officer of the Coast Guard.”.

  2. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 603(b)(1) · 110 Stat. 2422

    Substituted · 37 U.S.C. § 210

    Pub. L. 104–201, § 603(b)(1), substituted “Pay of senior enlisted members during terminal leave and while hospitalized” for “Pay of the senior noncommissioned officer of an armed force during terminal leave” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 104–201, § 603(b)(1), substituted “Pay of senior enlisted members during terminal leave and while hospitalized” for “Pay of the senior noncommissioned officer of an armed force during terminal leave” in section catchline.

    Enacted provision · exact public law section
    (1) The heading of such section is amended to read as follows: “§210. Pay of senior enlisted members during terminal leave and while hospitalized”.

  3. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 603(a) · 110 Stat. 2422

    1. Added · 37 U.S.C. § 210(b); 37 U.S.C. § 210(c)

      Pub. L. 104–201, § 603(a), added subsec. (b)

    2. Redesignated · 37 U.S.C. § 210(b); 37 U.S.C. § 210(c)

      Pub. L. 104–201, § 603(a), redesignated former subsec. (b) as (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 104–201, § 603(a), added subsec. (b) and redesignated former subsec. (b) as (c).

    Enacted provision · exact public law section
    (a) Pay During Hospitalization.— Section 210 of title 37, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): “(b) A noncommissioned officer of an armed force who is hospitalized and who, during or immediately before such hospitalization, completed service as the senior enlisted member of that armed force, shall continue to be entitled, for not more than 180 days while so hospitalized, to the rate of basic pay authorized for the senior enlisted member of that armed force.”.

  4. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title VI § 685(b) · 119 Stat. 3136

    Added · 37 U.S.C. § 210(c)(6)

    Pub. L. 109–163 added par. (6)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–163 added par. (6).

    Enacted provision · exact public law section
    (b) Pay During Terminal Leave or While Hospitalized.— Section 210(c) of title 37, United States Code, is amended by adding at the end the following new paragraph: “(6) The Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff.” .

  5. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title X § 1071(c)(1) · 120 Stat. 2083

    Substituted · 37 U.S.C. § 210(c)(6)

    Pub. L. 109–364 substituted “Advisor to” for “Advisor for”

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 109–364 substituted “Advisor to” for “Advisor for”.

    Enacted provision · exact public law section
    (1) Section 210(c)(6) is amended by striking “Advisor for” and inserting “Advisor to”.

  6. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 603(b)(1) · 128 Stat. 3292

    Inserted · 37 U.S.C. § 210(a)

    Pub. L. 113–291, § 603(b)(1), inserted “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “that armed force” the first place appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–291, § 603(b)(1), inserted “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “that armed force” the first place appearing.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “that armed force” the first place it appears; and

    Effective date note
    Amendment by Pub. L. 113–291 effective on Dec. 19, 2014 and applicable with respect to months of service that begin on or after that date, see section 603(e) of Pub. L. 113–291, set out as a note under section 1406 of Title 10, Armed Forces.

  7. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 603(b)(2) · 128 Stat. 3292

    Struck · 37 U.S.C. § 210(c)(6)

    Pub. L. 113–291, § 603(b)(2), struck out par. (6) which read as follows: “The Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.”

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 113–291, § 603(b)(2), struck out par. (6) which read as follows: “The Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.”

    Enacted provision · exact public law section
    (2) in subsection (c), by striking paragraph (6).

    Effective date note
    Amendment by Pub. L. 113–291 effective on Dec. 19, 2014 and applicable with respect to months of service that begin on or after that date, see section 603(e) of Pub. L. 113–291, set out as a note under section 1406 of Title 10, Armed Forces.

  8. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 925(d) · 134 Stat. 3388

    1. Added · 37 U.S.C. § 210(c)(5); 37 U.S.C. § 210(c)(6)

      Pub. L. 116–283 added par. (5)

    2. Redesignated · 37 U.S.C. § 210(c)(5); 37 U.S.C. § 210(c)(6)

      Pub. L. 116–283 redesignated former par. (5) as (6)

    Source evidence

    Code amendment note
    Subsec. (c)(5), (6). Pub. L. 116–283 added par. (5) and redesignated former par. (5) as (6).

    Enacted provision · exact public law section
    (d) Pay of Senior Enlisted Members.— Section 210(c) of title 37, United States Code, is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph (5): “(5) The senior enlisted advisor of the Space Force.” .

  9. Pub. L. 118–159 div. A title V § 521(g)(2) · 138 Stat. 1881

    Substituted · 37 U.S.C. § 210(c)(5)

    Pub. L. 118–159 substituted “The Chief Master Sergeant of the Space Force” for “The senior enlisted advisor of the Space Force”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 118–159 substituted “The Chief Master Sergeant of the Space Force” for “The senior enlisted advisor of the Space Force”.

10 of 11 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Amendments1996–2024 · 5 rounds

2024

Subsec. (c)(5). Pub. L. 118–159 substituted “The Chief Master Sergeant of the Space Force” for “The senior enlisted advisor of the Space Force”.

2021

Subsec. (c)(5), (6). Pub. L. 116–283 added par. (5) and redesignated former par. (5) as (6).

2014

Subsec. (a). Pub. L. 113–291, § 603(b)(1), inserted “or the senior enlisted advisor to the Chairman of the Joint Chiefs of Staff or the Chief of the National Guard Bureau” after “that armed force” the first place appearing.

Subsec. (c)(6). Pub. L. 113–291, § 603(b)(2), struck out par. (6) which read as follows: “The Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff.”

2006

Subsec. (c)(6). Pub. L. 109–364 substituted “Advisor to” for “Advisor for”.

Pub. L. 109–163 added par. (6).

1996

Pub. L. 104–201, § 603(b)(1), substituted “Pay of senior enlisted members during terminal leave and while hospitalized” for “Pay of the senior noncommissioned officer of an armed force during terminal leave” in section catchline.

Subsecs. (b), (c). Pub. L. 104–201, § 603(a), added subsec. (b) and redesignated former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–291 effective on and applicable with respect to months of service that begin on or after that date, see section 603(e) of Pub. L. 113–291, set out as a note under section 1406 of Title 10, Armed Forces.

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 , as modified, set out as a note under section 542 of Title 6.

Credits

1991–2024 · 7 acts
  1. 1991Added Pub. L. 102–190, div. A, title VI, § 606(a), , 105 Stat. 1374
  2. 1996amended Pub. L. 104–201, div. A, title VI, § 603(a), (b)(1), , 110 Stat. 2540
  3. 2006Pub. L. 109–163, div. A, title VI, § 685(b), , 119 Stat. 3325
  4. 2006Pub. L. 109–364, div. A, title X, § 1071(c)(1), , 120 Stat. 2400
  5. 2014Pub. L. 113–291, div. A, title VI, § 603(b), , 128 Stat. 3398
  6. 2021Pub. L. 116–283, div. A, title IX, § 925(d), , 134 Stat. 3827
  7. 2024Pub. L. 118–159, div. A, title V, § 521(g)(2), , 138 Stat. 1881.
Show as published

(Added Pub. L. 102–190, div. A, title VI, § 606(a), , 105 Stat. 1374; amended Pub. L. 104–201, div. A, title VI, § 603(a), (b)(1), , 110 Stat. 2540; Pub. L. 109–163, div. A, title VI, § 685(b), , 119 Stat. 3325; Pub. L. 109–364, div. A, title X, § 1071(c)(1), , 120 Stat. 2400; Pub. L. 113–291, div. A, title VI, § 603(b), , 128 Stat. 3398; Pub. L. 116–283, div. A, title IX, § 925(d), , 134 Stat. 3827; Pub. L. 118–159, div. A, title V, § 521(g)(2), , 138 Stat. 1881.)

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USLM identifier /us/usc/t37/s210