§ 5538. Nonreduction in pay while serving in the uniformed services or National 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. 2009

   Financial Services and General Government Appropriations Act, 2009

   Pub. L. 111–8 div. D title VII § 751(a) · 123 Stat. 524

   Enacted · 5 U.S.C. § 5538

   Added Pub. L. 111–8, div. D, title VII, § 751(a), Mar. 11, 2009, 123 Stat. 693

   Source evidence

   Code source credit
   Added Pub. L. 111–8, div. D, title VII, § 751(a), Mar. 11, 2009, 123 Stat. 693

   Enacted provision · exact public law section
   (a) In General.— Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following: “§ 5538. Nonreduction in pay while serving in the uniformed services or National Guard “(a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which— “(1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee’s civilian employment with the Government had not been interrupted by that service, exceeds (if at all) “(2) the amount of pay and allowances which (as determined under subsection (d))— “(A) is payable to such employee for that service; and “(B) is allocable to such pay period. “(b) (1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— “(A) during which such employee is entitled to reemployment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and “(B) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government. “(2) For purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38— “(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and “(B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemployment following completion of service on active duty to which called or ordered as described in subsection (a). “(c) Any amount payable under this section to an employee shall be paid— “(1) by such employee’s employing agency; “(2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and “(3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee’s civilian employment had not been interrupted. “(d) The Regulations. Office of Personnel Management shall, in consultation with Secretary of Defense, prescribe any regulations necessary to carry out the preceding provisions of this section. “(e) (1) The Procedures. head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency. “(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. “(f) For Definitions. purposes of this section— “(1) the terms ‘employee’, ‘Federal Government’, and ‘uniformed services’ have the same respective meanings as given those terms in section 4303 of title 38; “(2) the term ‘employing agency’, as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; and “(3) the term ‘basic pay’ includes any amount payable under section 5304.” .

2. 2009

   Financial Services and General Government Appropriations Act, 2010

   Pub. L. 111–117 div. C title VII § 745(a) · 123 Stat. 3034

   1. Added · 5 U.S.C. § 5538(b)

      Pub. L. 111–117 added subsec. (b)

   2. Struck · 5 U.S.C. § 5538(b)

      Pub. L. 111–117 struck out former subsec. (b), which read as follows:

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–117 added subsec. (b) and struck out former subsec. (b), which read as follows:

   “(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— “(A) during which such employee is entitled to reemployment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and “(B) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government. “(2) For purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38— “(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and “(B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemployment following completion of service on active duty to which called or ordered as described in subsection (a).”

   Enacted provision · exact public law section
   (a) Section 5538 of title 5, United States Code, is amended by striking subsection (b) and inserting the following: “(b) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee’s civilian employment had not been interrupted)— “(1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and “(2) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee’s civilian employment with the Government.” .

   Effective date note
   Pub. L. 111–117, div. C, title VII, § 745(b), Dec. 16, 2009, 123 Stat. 3219, provided that: “The amendments made by this section [amending this section] shall take effect on the first day of the first applicable pay period beginning on or after the date of the enactment of this Act [Dec. 16, 2009].”

3. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VI § 605 · 132 Stat. 1636

   Inserted · 5 U.S.C. § 5538(a)

   Pub. L. 115–232 inserted “section 12304b of title 10 or” after “under” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–232 inserted “section 12304b of title 10 or” after “under” in introductory provisions.

   Enacted provision · exact public law section
   SEC. 605. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR NONREDUCTION IN PAY WHILE SERVING IN THE UNIFORMED SERVICES OR NATIONAL GUARD.   Section 5538(a) of title 5, United States Code, is amended in the matter preceding paragraph (1) by inserting “section 12304b of title 10 or” after “under”.

4 of 4 references resolved to an enrolled provision