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Title 37 — Pay and Allowances of the Uniformed Services

Chapter 17 — Miscellaneous Rights and Benefits

§ 905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances

Statutory text

(a)

A reserve officer who is promoted under chapter 1405 of title 10 to a grade above lieutenant (junior grade) in the Navy Reserve or above first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he becomes eligible for promotion to that grade.

(b)

A reserve officer who is promoted under section 14308(b) of title 10 to the grade of lieutenant (junior grade) in the Navy Reserve or first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the higher grade for duty performed from the date given him as his date of rank.

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. Pub. L. 87–649 · 76 Stat. 451

    Enacted · 37 U.S.C. § 905

    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 488

    Source evidence

    Code source credit
    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 488

  2. Pub. L. 95–377 § 9 · 92 Stat. 719

    Inserted · 37 U.S.C. § 905(h)

    Pub. L. 95–377 inserted reference to section 5787d

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 95–377 inserted reference to section 5787d.

    Enacted provision · exact public law section
    Sec. 9. Section 905(h) of title 37, United States Code, is amended by inserting “or 5787d” after “5787”.

  3. Defense Officer Personnel Management Act

    Pub. L. 96–513 title IV § 403(b) · 94 Stat. 2835

    1. Substituted · 37 U.S.C. § 905

      Pub. L. 96–513 substituted “Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances” for “Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances” in section catchline, and generally revised and restructured section, and as part of such restructuring struck out former subsec. (a)

    2. Redesignated · 37 U.S.C. § 905

      Pub. L. 96–513 redesignated former subsecs. (b) and (c) as subsecs. (a) and (b), respectively, and, in subsec. (a) as so redesignated

    3. Struck · 37 U.S.C. § 905

      Pub. L. 96–513 struck out second sentence which related to establishment of an officer’s professional and moral qualifications

    4. Struck · 37 U.S.C. § 905

      Pub. L. 96–513 struck out former subsecs. (d) to (h)

    Source evidence

    Code amendment note
    Pub. L. 96–513 substituted “Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances” for “Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances” in section catchline, and generally revised and restructured section, and as part of such restructuring struck out former subsec. (a), redesignated former subsecs. (b) and (c) as subsecs. (a) and (b), respectively, and, in subsec. (a) as so redesignated, struck out second sentence which related to establishment of an officer’s professional and moral qualifications, and struck out former subsecs. (d) to (h).

    Enacted provision · exact public law section
    (b) Section 905 of title 37, United States Code, relating to the effective date for pay and allowances for certain promotions of Reserve Navy and Marine Corps officers, is amended to read as follows: “§905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances “(a) A reserve officer who is promoted under chapter 549 of title 10 10 USC 5891 et seq. to a grade above lieutenant (junior grade) in the Naval Reserve or above first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he becomes eligible for promotion to that grade. “(b) A reserve officer who is promoted under section 5908 of title 10 to the grade of lieutenant (junior grade) in the Naval Reserve or first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the higher grade for duty performed from the date given him as his date of rank.”.

  4. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1676(b)(3)(A) · 108 Stat. 2663

    Substituted · 37 U.S.C. § 905(a)

    Pub. L. 103–337, § 1676(b)(3)(A), substituted “chapter 1405” for “chapter 549”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–337, § 1676(b)(3)(A), substituted “chapter 1405” for “chapter 549”.

    Enacted provision · exact public law section
    (A) by striking out “chapter 549” in subsection (a) and inserting in lieu thereof “chapter 1405”; and

    Effective date note
    Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

  5. Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1676(b)(3)(B) · 108 Stat. 2663

    Substituted · 37 U.S.C. § 905(b)

    Pub. L. 103–337, § 1676(b)(3)(B), substituted “section 14308(b)” for “section 5908”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–337, § 1676(b)(3)(B), substituted “section 14308(b)” for “section 5908”.

    Enacted provision · exact public law section
    (B) by striking out “section 5908” in subsection (b) and inserting in lieu thereof “section 14308(b)”.

    Effective date note
    Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

  6. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 515(d)(1)(F) · 119 Stat. 3136

    Substituted · 37 U.S.C. § 905

    Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in two places

    Source evidence

    Code amendment note
    Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in two places.

    Enacted provision · exact public law section
    (F) Section 905.

8 of 9 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
905(a)10:6141.[None.]
905(b)10:5907.[None.]
905(c)10:5908(a) (last sentence).[None.]
905(d)10:5788(c).[None.]
905(e)10:5787b(c).[None.]
905(f)10:5505(c).[None.]
905(g)10:5597(h) (last sentence).[None.]
 10:5597(i) (last 21 words).[None.]
905(h)10:5787(g) (last 21 words).[None.]
 10:5787(h) (last sentence).[None.]

Editorial Notes

Amendments1978–2006 · 4 rounds

2006

Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in two places.

1994

Subsec. (a). Pub. L. 103–337, § 1676(b)(3)(A), substituted “chapter 1405” for “chapter 549”.

Subsec. (b). Pub. L. 103–337, § 1676(b)(3)(B), substituted “section 14308(b)” for “section 5908”.

1980

Pub. L. 96–513 substituted “Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances” for “Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances” in section catchline, and generally revised and restructured section, and as part of such restructuring struck out former subsec. (a), redesignated former subsecs. (b) and (c) as subsecs. (a) and (b), respectively, and, in subsec. (a) as so redesignated, struck out second sentence which related to establishment of an officer’s professional and moral qualifications, and struck out former subsecs. (d) to (h).

1978

Subsec. (h). Pub. L. 95–377 inserted reference to section 5787d.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on , see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513, and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces.

Credits

1962–2006 · 5 acts
  1. 1962Pub. L. 87–649, , 76 Stat. 488
  2. 1978Pub. L. 95–377, § 9, , 92 Stat. 721
  3. 1980Pub. L. 96–513, title IV, § 403(b), , 94 Stat. 2904
  4. 1994Pub. L. 103–337, div. A, title XVI, § 1676(b)(3), , 108 Stat. 3019
  5. 2006Pub. L. 109–163, div. A, title V, § 515(d)(1)(F), , 119 Stat. 3236.
Show as published

(Pub. L. 87–649, , 76 Stat. 488; Pub. L. 95–377, § 9, , 92 Stat. 721; Pub. L. 96–513, title IV, § 403(b), , 94 Stat. 2904; Pub. L. 103–337, div. A, title XVI, § 1676(b)(3), , 108 Stat. 3019; Pub. L. 109–163, div. A, title V, § 515(d)(1)(F), , 119 Stat. 3236.)

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USLM identifier /us/usc/t37/s905