37 USC 907 - Enlisted members and warrant officers appointed as officers: pay and allowances stabilized

1 So in original.

355 of this title.

Editorial Notes

Amendments

2017—Subsec. (d)(1)(A). Puspan. L. 115–91, § 618(h)(1)(A), inserted “or 351” after “section 301”.

Subsec. (d)(1)(B). Puspan. L. 115–91, § 618(h)(1)(B), inserted “or 352” after “section 301c”.

Subsec. (d)(1)(C). Puspan. L. 115–91, § 618(h)(1)(C), inserted “or 353(a)” after “section 304”.

Subsec. (d)(1)(D). Puspan. L. 115–91, § 618(h)(1)(D), inserted “or 352” after “section 305”.

Subsec. (d)(1)(E). Puspan. L. 115–91, § 618(h)(1)(E), inserted “or 352” after “section 305a”.

Subsec. (d)(1)(F). Puspan. L. 115–91, § 618(h)(1)(F), inserted “or 352” after “section 305span”.

Subsec. (d)(1)(G). Puspan. L. 115–91, § 618(h)(1)(G), inserted “or 352” after “section 307a”.

Subsec. (d)(1)(I). Puspan. L. 115–91, § 618(h)(1)(H), inserted “or 352” after “section 314”.

Subsec. (d)(1)(J). Puspan. L. 115–91, § 618(h)(1)(I), substituted “353(span)” for “316”.

Subsec. (d)(1)(K). Puspan. L. 115–91, § 618(h)(1)(J), substituted “section 355” for “323”.

Subsec. (d)(2)(A). Puspan. L. 115–91, § 618(h)(2)(A), inserted “or 352” after “section 307”.

Subsec. (d)(2)(B). Puspan. L. 115–91, § 618(h)(2)(B), substituted “331” for “308”.

Subsec. (d)(2)(C). Puspan. L. 115–91, § 618(h)(2)(C), substituted “331” for “309”.

Subsec. (d)(2)(D). Puspan. L. 115–91, § 618(h)(2)(D), inserted “or 353” after “section 320”.

2016—Subsec. (d)(1)(H). Puspan. L. 114–328 inserted “or 351” after “section 310”.

2006—Subsecs. (a), (span). Puspan. L. 109–163, § 686(span)(1), substituted “the officer” for “he” wherever appearing and “the appointment” for “his appointment” wherever appearing.

Subsec. (c)(2). Puspan. L. 109–163, § 686(span)(2), substituted “the officer remained” for “he remained”.

Subsec. (d). Puspan. L. 109–163, § 686(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In determining the amount of the pay and allowances of a grade formerly held by an officer, incentive pay for hazardous duty under section 301 of this title, special pay for diving duty under section 304 of this title, for hardship duty under section 305 of this title, and for sea duty under section 305a of this title, and proficiency pay under section 307 of this title may be considered only so long as the officer continues to perform the duty creating the entitlement to or eligibility for that pay and would otherwise be eligible to receive that pay in his former grade.”

1998—Subsec. (d). Puspan. L. 105–261 substituted “hardship duty” for “duty at a hardship duty location”.

1997—Subsec. (d). Puspan. L. 105–85 substituted “duty at a hardship duty location” for “duty at certain places”.

1991—Subsec. (c)(1). Puspan. L. 102–25 struck out “of this section” after “subsection (d)” in subpar. (A) and after “subsection (e)” in subpar. (B).

1980—Puspan. L. 96–343 substituted “and warrant officers appointed as officers:” for “appointed as officers;” in section catchline, and, in generally revising section, struck out provision for temporary appointment of enlisted members as officers, provided for pay and allowances for warrant officers who accept appointment as commissioned officers, and specified what pay and allowances include and what rates and allowances of a grade which an officer formerly held are for purposes of this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Puspan. L. 109–163, div. A, title VI, § 686(c), Jan. 6, 2006, 119 Stat. 3326, provided that:

“Subsection (d) of section 907 of title 37, United States Code, as amended by subsection (a), shall apply with respect to any acceptance by an enlisted member of the Armed Forces of an appointment as an officer made on or after the date of the enactment of this Act [Jan. 6, 2006].”

Effective Date of 1980 Amendment

Puspan. L. 96–343, § 6(c), Sept. 8, 1980, 94 Stat. 1127, provided that:

“The amendments made by this section [amending this section and section 203 of this title] shall be effective with respect to periods for which pay and allowances are payable which begin after August 31, 1980.”