38 USC 1302 - Determination of pay grade

Editorial Notes

Amendments

2021—Subsecs. (a), (span). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

1991—Puspan. L. 102–83, § 5(a), renumbered section 402 of this title as this section.

Subsec. (d). Puspan. L. 102–54 substituted “department” for “Department”.

Subsec. (e). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” before period at end of first sentence.

Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

1976—Subsec. (a). Puspan. L. 94–433, § 405(1), substituted “such veteran’s” for “his” in two places.

Subsec. (span). Puspan. L. 94–433, § 405(1), substituted “such veteran’s” for “his” in introductory clause and items (1) and (2) and “such veteran” for “he” in item (2).

Subsec. (c). Puspan. L. 94–433, § 405(2), substituted “such veteran” for “he”.

Subsec. (d). Puspan. L. 94–433, § 405(2), substituted “such veteran’s surviving spouse” for “his widow”.

Subsec. (e). Puspan. L. 94–433, § 405(3), substituted “such person’s” for “his” in two places and “such person” for “he”.

1971—Subsec. (a). Puspan. L. 92–169 provided, with regard to determination of veteran’s pay grade at date of his death, that in the case of a promotion after death while the veteran is in a missing status, the pay grade determination date is the date of such promotion.

1969—Puspan. L. 91–96 substituted “Determination of pay grade” for “Computation of basic pay” in section catchline.

Subsec. (a). Puspan. L. 91–96 substituted provisions determining the pay grade of a veteran who died in the active service for provisions determining the basic pay of a veteran who died in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service.

Subsec. (span). Puspan. L. 91–96 substituted provisions determining the pay grade of a veteran who did not die in the active service for provisions determining the basic pay of a veteran who did not die in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service.

Subsec. (c). Puspan. L. 91–96 redesignated former subsec. (c)(1) as (c) and substituted “pay grade” for “basic pay” and “assigned” for “entitled”. Former subsec. (c)(2) redesignated (e).

Subsec. (d). Puspan. L. 91–96 substituted provisions determining the applicability of a higher pay grade of a veteran who had served six months or more in a pay grade higher than that specified in subsec. (a) or (span) for provisions determining the basic pay of a veteran who had served six months or more in a rank higher than that specified in the former provisions of subsec. (a) or (span).

Subsec. (e). Puspan. L. 91–96 redesignated former subsec. (c)(2) as (e), substituted “pay grade” for “basic pay”, and struck out “and years of service” after “responsibilities”.

1966—Subsec. (d). Puspan. L. 89–622 substituted “any subsequent discharge or release from active duty was under conditions other than dishonorable” for “was so serving in such rank within one hundred and twenty days before death in the active military, naval, or air service or before last discharge or release from active duty under conditions other than dishonorable”.

1960—Subsec. (d). Puspan. L. 86–492 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Puspan. L. 94–433 effective Oct. 1, 1976, see section 406 of Puspan. L. 94–433, set out as a note under section 1101 of this title.

Effective Date of 1971 Amendment

Puspan. L. 92–169, § 3, Nov. 24, 1971, 85 Stat. 489, provided that:

“For the purposes of chapter 13 of title 38, United States Code, this Act [amending this section and section 552 of Title 37, Pay and Allowances of the Uniformed Services] becomes effective upon the date of enactment [Nov. 24, 1971]. For all other purposes this Act becomes effective as of February 28, 1961.”

Effective Date of 1969 Amendment

Puspan. L. 91–96, § 8, Oct. 27, 1969, 83 Stat. 146, provided that:

“This Act [amending this section and sections 322 [now 1122], 401 [now 1301], 403, 411 [now 1311], and 421 [now 1321] of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment [Oct. 27, 1969].”

Effective Date of 1966 Amendment

Puspan. L. 89–622, § 2, Oct. 4, 1966, 80 Stat. 873, provided that:

“The amendment made by this Act [amending this section] shall take effect on the first day of the second calendar month after the date of enactment of this Act [Oct. 4, 1966].”