§ 356. Continuation pay: full TSP members with 7 to 12 years of service

Footnotes

1. 1 So in original.

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. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 div. A title VI § 634(a) · 129 Stat. 726

   Enacted · 37 U.S.C. § 356

   Added Pub. L. 114–92, div. A, title VI, § 634(a), Nov. 25, 2015, 129 Stat. 850

   Source evidence

   Code source credit
   Added Pub. L. 114–92, div. A, title VI, § 634(a), Nov. 25, 2015, 129 Stat. 850

   Enacted provision · exact public law section
   (a) Continuation Pay.— Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: “§ 356. Continuation pay: full TSP members with 12 years of service “(a) Continuation Pay.— The Secretary concerned shall make a payment of continuation pay to each full TSP member (as defined in section 8440e(a) of title 5) of the uniformed services under the jurisdiction of the Secretary who— “(1) completes 12 years of service; and “(2) enters into an agreement with the Secretary to serve for an additional 4 years of obligated service. “(b) Amount.— The amount of continuation pay payable to a full TSP member under subsection (a) shall be the amount that is equal to— “(1) in the case of a member of a regular component— “(A) the monthly basic pay of the member at 12 years of service multiplied by 2.5; plus “(B) at the discretion of the Secretary concerned, the monthly basic pay of the member at 12 years of service multiplied by such number of months (not to exceed 13 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a); and “(2) in the case of a member of a reserve component— “(A) the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a member of a regular component multiplied by 0.5; plus “(B) at the discretion of the Secretary concerned, the amount of monthly basic pay described in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a). “(c) Additional Discretionary Authority.— In addition to the continuation pay required under subsection (a), the Secretary concerned may provide continuation pay under this subsection to a full TSP member described in subsection (a), and subject to the service agreement referred to in paragraph (2) of such subsection, in an amount determined by the Secretary concerned. “(d) Timing of Payment.— The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member completes 12 years of service. If the Secretary concerned also provides continuation pay under subsection (c) to the member, that continuation pay shall be provided when the member completes 12 years of service. “(e) Lump Sum or Installments.— A full TSP member may elect to receive continuation pay provided under subsection (a) or (c) in a lump sum or in a series of not more than four payments. “(f) Relationship to Other Pay and Allowances.— Continuation pay under this section is in addition to any other pay or allowance to which the full TSP member is entitled. “(g) Repayment.— A full TSP member who receives continuation pay under this section (a) and fails to complete the obligated service required under such subsection shall be subject to the repayment provisions of section 373 of this title. “(h) Regulations.— Each Secretary concerned shall prescribe regulations to carry out this section.” .

2. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 633(d)(1) · 130 Stat. 2000

   Substituted · 37 U.S.C. § 356

   Pub. L. 114–328, § 633(d)(1), substituted “Continuation pay: full TSP members with 8 to 12 years of service” for “Continuation pay: full TSP members with 12 years of service” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 114–328, § 633(d)(1), substituted “Continuation pay: full TSP members with 8 to 12 years of service” for “Continuation pay: full TSP members with 12 years of service” in section catchline.

   Enacted provision · exact public law section
   (1) Heading.— The heading of such section is amended to read as follows: “§ 356. Continuation pay: full TSP members with 8 to 12 years of service” .

   Effective date note
   Pub. L. 114–328, div. A, title VI, § 633(e), Dec. 23, 2016, 130 Stat. 2163, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments providing for section 356 of title 37, United States Code, to which the amendments made by this section relate.”

3. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 633(a)(1) · 130 Stat. 2000

   1. Added · 37 U.S.C. § 356(a)(1)

      Pub. L. 114–328, § 633(a)(1), added par. (1)

   2. Struck · 37 U.S.C. § 356(a)(1)

      Pub. L. 114–328, § 633(a)(1), struck out former par. (1) which read as follows: “completes 12 years of service; and”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 114–328, § 633(a)(1), added par. (1) and struck out former par. (1) which read as follows: “completes 12 years of service; and”.

   Enacted provision · exact public law section
   (1) by striking paragraph (1) and inserting the following new paragraph (1): “(1) has completed not less than 8 and not more than 12 years of service in a uniformed service; and” ; and

   Effective date note
   Pub. L. 114–328, div. A, title VI, § 633(e), Dec. 23, 2016, 130 Stat. 2163, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments providing for section 356 of title 37, United States Code, to which the amendments made by this section relate.”

4. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 633(a)(2) · 130 Stat. 2000

   Substituted · 37 U.S.C. § 356(a)(2)

   Pub. L. 114–328, § 633(a)(2), substituted “not less than 3 additional years” for “an additional 4 years”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 114–328, § 633(a)(2), substituted “not less than 3 additional years” for “an additional 4 years”.

   Enacted provision · exact public law section
   (2) in paragraph (2), by striking “an additional 4 years” and inserting “not less than 3 additional years”.

   Effective date note
   Pub. L. 114–328, div. A, title VI, § 633(e), Dec. 23, 2016, 130 Stat. 2163, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments providing for section 356 of title 37, United States Code, to which the amendments made by this section relate.”

5. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 633(b) · 130 Stat. 2000

   Substituted · 37 U.S.C. § 356(b)

   Pub. L. 114–328, § 633(b), substituted heading and introductory provisions for former heading and introductory provisions which read as follows: “Amount.—The amount of continuation pay payable to a full TSP member under subsection (a) shall be the amount that is equal to—”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–328, § 633(b), substituted heading and introductory provisions for former heading and introductory provisions which read as follows: “Amount.—The amount of continuation pay payable to a full TSP member under subsection (a) shall be the amount that is equal to—”.

   Enacted provision · exact public law section
   (b) Payment Amount.— Subsection (b) of such section is amended by striking all the matter preceding paragraph (1) and inserting the following: “(b) Payment Amount.— The Secretary concerned shall determine the payment amount under this section as a multiple of a full TSP member’s monthly basic pay. The multiple for a full TSP member who is a member of a regular component or a reserve component, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10), shall not be less than 2.5 times the member’s monthly basic pay. The multiple for a full TSP member who is a member of a reserve component not performing active Guard or Reserve duty (as so defined) shall not be less than 0.5 times the monthly basic pay to which the member would be entitled if the member were a member of a regular component. The maximum amount the Secretary concerned may pay a member under this section is—” .

   Effective date note
   Pub. L. 114–328, div. A, title VI, § 633(e), Dec. 23, 2016, 130 Stat. 2163, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments providing for section 356 of title 37, United States Code, to which the amendments made by this section relate.”

6. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 633(c) · 130 Stat. 2000

   Amended · 37 U.S.C. § 356(d)

   Pub. L. 114–328, § 633(c), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member completes 12 years of service. If the Secretary concerned also provides continuation pay under subsection (c) to the member, that continuation pay shall be provided when the member completes 12 years of service.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 114–328, § 633(c), amended subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member completes 12 years of service. If the Secretary concerned also provides continuation pay under subsection (c) to the member, that continuation pay shall be provided when the member completes 12 years of service.”

   Enacted provision · exact public law section
   (c) Timing of Payment.— Subsection (d) of such section is amended to read as follows: “(d) Timing of Payment.— The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member has completed not less than 8 and not more than 12 years of service in a uniformed service.” .

   Effective date note
   Pub. L. 114–328, div. A, title VI, § 633(e), Dec. 23, 2016, 130 Stat. 2163, provided that: “The amendments made by this section [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments providing for section 356 of title 37, United States Code, to which the amendments made by this section relate.”

7. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 611(a)(1) · 137 Stat. 136

   Substituted · 37 U.S.C. § 356

   Pub. L. 118–31, § 611(a)(1), substituted “7” for “8” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 118–31, § 611(a)(1), substituted “7” for “8” in section catchline.

   Enacted provision · exact public law section
   (1) in the section heading, by striking “8” and inserting “7”; and

8. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 611(a)(2) · 137 Stat. 136

   Substituted · 37 U.S.C. § 356(a)(1)

   Pub. L. 118–31, § 611(a)(2), substituted “7” for “8”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 118–31, § 611(a)(2), substituted “7” for “8”.

   Enacted provision · exact public law section
   (2) in subsections (a)(1) and (d), by striking “8” and inserting “7”.

9. 2023

   National Defense Authorization Act for Fiscal Year 2024

   Pub. L. 118–31 § 611(a)(2) · 137 Stat. 136

   Substituted · 37 U.S.C. § 356(d)

   Pub. L. 118–31, § 611(a)(2), substituted “7” for “8”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 118–31, § 611(a)(2), substituted “7” for “8”.

   Enacted provision · exact public law section
   (2) in subsections (a)(1) and (d), by striking “8” and inserting “7”.

10. 2025

    Pub. L. 119–60 § 601(c)(6)(A) · 139 Stat. 904

    1. Substituted · 37 U.S.C. § 356(b)

       Pub. L. 119–60, § 601(c)(6)(A), substituted “, a member of the Space Force on sustained duty, or a member of a reserve component” for “or a reserve component”

    2. Inserted · 37 U.S.C. § 356(b)

       Pub. L. 119–60, § 601(c)(6)(A), inserting “or a member of the Space Force in space force active status not on sustained duty” after “(as so defined)” in introductory provisions

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 119–60, § 601(c)(6)(A), substituted “, a member of the Space Force on sustained duty, or a member of a reserve component” for “or a reserve component” and inserting “or a member of the Space Force in space force active status not on sustained duty” after “(as so defined)” in introductory provisions.

11. 2025

    Pub. L. 119–60 § 601(c)(6)(B) · 139 Stat. 904

    Inserted · 37 U.S.C. § 356(b)(1)

    Pub. L. 119–60, § 601(c)(6)(B), inserted “or a member of the Space Force on sustained duty” after “of a regular component” in introductory provisions

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 119–60, § 601(c)(6)(B), inserted “or a member of the Space Force on sustained duty” after “of a regular component” in introductory provisions.

12. 2025

    Pub. L. 119–60 § 601(c)(6)(C)(i) · 139 Stat. 904

    Inserted · 37 U.S.C. § 356(b)(2)

    Pub. L. 119–60, § 601(c)(6)(C)(i), inserted “or a member of the Space Force in space force active status and not on sustained duty” after “of a reserve component” in introductory provisions

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 119–60, § 601(c)(6)(C)(i), inserted “or a member of the Space Force in space force active status and not on sustained duty” after “of a reserve component” in introductory provisions.

13. 2025

    Pub. L. 119–60 § 601(c)(6)(C)(ii) · 139 Stat. 904

    Inserted · 37 U.S.C. § 356(b)(2)(A)

    Pub. L. 119–60, § 601(c)(6)(C)(ii), inserted “or a member of the Space Force on sustained duty, respectively,” after “of a regular component”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 119–60, § 601(c)(6)(C)(ii), inserted “or a member of the Space Force on sustained duty, respectively,” after “of a regular component”.

10 of 15 references resolved to an enrolled provision · 5 unresolved