(a) Whenever the General Schedule of compensation for Federal classified employees as contained in section 5332 of title 5 is adjusted upward, the President shall immediately make an upward adjustment in the

(1) monthly basic pay authorized members of the uniformed services by section 203(a) of this title;

(2) basic allowance for subsistence authorized enlisted members and officers by section 402 of this title; and

(3) basic allowance for quarters authorized members of the uniformed services by section 403(a) of this title.

(b) An adjustment under this section shall have the force and effect of law and shall

(1) carry the same effective date as that applying to the compensation adjustments provided General Schedule employees;

(2) be based on the rates of the various elements of compensation as defined in, or made under, section 402 or 403 of this title or this section; and

(3) subject to subsections (c) and (d), provide all eligible members with an increase in each element of compensation, set forth in subsection (a), which is of the same percentage as the overall average percentage increase in the General Schedule rates of basic pay for civilian employees.

(c)(1) Whenever the President determines such action to be in the best interest of the Government, he is authorized to allocate the overall average percentage of any increase described in subsection (b)(3) among the elements of compensation specified in subsection (a) on a percentage basis other than an equal percentage basis; however, the amount allocated to the element of monthly basic pay may not be less than 75 percent of the amount that would have been allocated to the element of basic pay under subsection (b)(3).

(2) Under regulations prescribed by the President, whenever the President exercises his authority under paragraph (1) to allocate the elements of compensation specified in subsection (a) on a percentage basis other than an equal percentage basis, he may pay to each member without dependents who, under section 403(b) or (c) of this title, is not entitled to receive a basic allowance for quarters, an amount equal to the difference between (1) the amount of such increase under paragraph (1) in the amount of the basic allowance for quarters which, but for section 403(b) or (c) of this title, such member would be entitled to receive, and (2) the amount by which such basic allowance for quarters would have been increased under subsection (b)(3) if the President had not exercised such authority.

(d)(1) Subject to paragraph (2), whenever the President determines such action to be in the best interest of the Government, he may allocate the overall percentage increase in the element of basic pay that would otherwise be effective after any allocation made under subsection (c) among such pay grade and years-ofservice categories as he considers appropriate.

(2) In making any allocation of an overall percentage increase in basic pay under paragraph (1)

(A) the amount of the increase in basic pay for any given pay grade and years-of-service category after any allocation made under this subsection or under subsection (c) (or under both such subsections) may not be less than 75 percent of the amount of the increase in the element of basic pay that would otherwise have been effective with respect to such pay grade and years-of-service category under subsection (b)(3); and

(B) the overall percentage increase in the elements of compensation specified in subsection (a) in the case of any member of the uniformed services with four years or less service may not exceed the overall percentage increase in the General Schedule rates of basic pay for civilian employees.

(e) Whenever the President plans to exercise his authority under subsection (c) or (d) with respect to any anticipated increase in the compensation of members of the uniformed services, he shall advise the Congress, at the earliest practicable time prior to the effective date of such increase, regarding the proposed allocation of such increase.

(f) The allocations of increases made under this section shall be assessed in conjunction with the quadrennial review of military compensation required by section 1008(b) of this title, and a full report shall be made to the Congress summarizing the objectives and results of those allocations.

(Added Pub. L. 93-419, § 4, Sept. 19, 1974, 88 Stat. 1152; amended Pub. L. 94-361, title III, § 303, July 14, 1976, 90 Stat. 925; Pub. L. 96-342, title VIII, § 803, Sept. 8, 1980, 94 Stat. 1091; Pub. L. 96-513, title V, § 516(24), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 102-25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117.)

REFERENCES IN TEXT

The General Schedule, referred to in subsecs. (b)(3) and (d)(2)(B), is set out under section 5332 of Title 5, Government Organization and Employees.

AMENDMENTS

1991-Subsecs. (b)(3), (c) to (e). Pub. L. 102-25 struck out "of this section" and "of this subsection" wherever appearing.

1980-Subsec.

(a). Pub. L. 96-513, § 516(24)(A), struck out ", United States Code," after "5". Subsec. (b)(2). Pub. L. 96-513, § 516(24)(B), struck out reference to section 8 of the Act of Dec. 16, 1967 (Pub. L. 90-207).

Subsec. (b)(3). Pub. L. 96-513, § 803(1), substituted "subsections (c) and (d) of this section" for "subsection (c)".

Subsec. (c). Pub. L. 96-342, § 803(2), (3), redesignated existing provision as par. (1), inserted "of this section"

after "subsection (b)(3)" in two places and after "subsection (a)", substituted "75 percent" for "75 per centum", redesignated subsec. (d) as par. (2), substituted "under paragraph (1) of this subsection" for "under subsection (c)" in two places, inserted "of this section" after "subsection (a)", "subsection (c)", and "subsection (b)(3)", respectively, and “of this title" after "section 403(b) or (c)” in two places.

Subsec. (d). Pub. L. 96-342, § 803(3), (4), added subsec. (d) and redesignated former subsec. (d) as (c)(2).

Subsec. (e). Pub. L. 96-342, § 803(5), inserted "or (d) of this section" after "subsection (c)" and struck out "among the different elements of compensation" after "allocation of such increase".

Subsec. (f). Pub. L. 96-342, § 803(6), struck out "among the three elements of compensation" after "under this section" and inserted "of this title" after "section 1008(b)".

1976-Subsec. (b)(3). Pub. L. 94-361, § 303(a), inserted introductory phrase "subject to subsection (c),". Subsecs. (c) to (f). Pub. L. 94-361, § 303(b), added subsecs. (c) to (f).

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces.

EFFECTIVE DATE

Section 9 of Pub. L. 93-419 provided that: "This Act [enacting this section, amending sections 101, 203, 402, and 403 of this title, and enacting provisions set out as notes under this section] is effective upon enactment [Sept. 19, 1974]."

MILITARY PAY RAISE FOR FISCAL YEAR 1995 Pub. L. 103-337, div. A, title VI, § 601(a), (b), Oct. 5, 1994, 108 Stat. 2779, provided that:

"(a) WAIVER OF SECTION 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1995 shall not be made.

"(b) INCREASE IN BASIC PAY, BAS, AND BAQ.-Effective on January 1, 1995, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 2.6 percent."

MILITARY PAY RAISE FOR FISCAL YEAR 1994

Pub. L. 103-160, div. A, title VI, § 601, Nov. 30, 1993, 107 Stat. 1677, provided that:

"(a) WAIVER OF SECTION 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1994 shall not be made.

"(b) INCREASE IN BASIC PAY, BAS, AND BAQ.-Effective on January 1, 1994, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 2.2 percent."

MILITARY PAY RAISE FOR FISCAL YEAR 1993 Pub. L. 102-484, div. A, title VI, § 601, Oct. 23, 1992, 106 Stat. 2420, provided that:

"(a) WAIVER OF SECTION 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1993 shall not be made.

"(b) INCREASE IN BASIC PAY, BAS, AND BAQ.-Effective on January 1, 1993, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 3.7 percent."

RATE OF BASIC PAY APPLICABLE TO CERTAIN MEMBERS WITH OVER 24 YEARS OF SERVICE

Pub. L. 102-484, div. D, title XLIV, § 4402, Oct. 23, 1992, 106 Stat. 2701, as amended by Pub. L. 103-160, div. A, title VI, § 602(a), (b)(1), Nov. 30, 1993, 107 Stat. 1678, provided that:

"(a) RATE OF BASIC PAY.-Subject to subsection (b), the rate of monthly basic pay for a member of the uniformed services who is entitled to such pay under sec tion 204 of title 37, United States Code, is in pay grade E-7, E-8, E-9, W-4, W-5, or O-6, and has over 24, but under 26, years of service (as computed under section 205 of such title) shall be as set forth in the following table:

"(b) APPLICATION OF PAY RATE.-The rates of monthly basic pay established under subsection (a) shall effective for months beginning after December 31, 1992.

"(c) ADJUSTMENTS OF COMPENSATION.-The rates of monthly basic pay established under subsection (a) shall be adjusted in accordance with section 1009 of title 37, United States Code, or other applicable provi. sion of law, except that the increase in the rates of basic pay made by section 601(b) [set out above] shall not apply to the rates established under subsection (a)."

MILITARY PAY RAISE FOR FISCAL YEAR 1992 Pub. L. 102-190, div. A, title VI, § 601, Dec. 5, 1991, 105 Stat. 1372, provided that:

"(a) WAIVER of Section 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1992 shall not be made.

"(b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effective on January 1, 1992, the rates of basic pay, basic allowance for subsistence, and basic allowance for quar ters of members of the uniformed services are increased by 4.2 percent."

MILITARY PAY RAISE For Fiscal YEAR 1991

Pub. L. 101-510, div. A, title VI, § 601, Nov. 5, 1990, 104 Stat. 1575, provided that:

"(a) WAIVER OF SECTION 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1991 shall not be made.

"(b) INCREASE IN BASIC PAY, BAS, AND BAQ.-Effective on January 1, 1991, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 4.1 percent."

MILITARY PAY RAISE FOR FISCAL YEAR 1990

Pub. L. 101-189, div. A, title VI, § 601(a), (b), Nov. 29, 1989, 103 Stat. 1444, provided that:

"(a) WAIVER OF SECTION 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1990 shall not be made.

"(b) INCREASE IN BASIC PAY, BAS, AND BAQ.-The rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 3.6 percent effective on January 1, 1990."

MILITARY PAY RAISE FOR FISCAL YEAR 1989 Pub. L. 100-456, div. A, title VI, § 601(a), (b), Sept. 29, 1988, 102 Stat. 1976, provided that:

"(a) WAIVER OF SECTION 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1989 shall not be made.

"(b) INCREASE IN BASIC PAY AND BAS.-The rates of basic pay and basic allowance for subsistence of members of the uniformed services are increased by 4.1 percent effective on January 1, 1989."

MILITARY PAY RAISE FOR FISCAL YEAR 1988 Pub. L. 100-180, div. A, title VI, § 601(a), (b), Dec. 4, 1987, 101 Stat. 1092, as amended by Pub. L. 100-202, § 110(b), Dec. 22, 1987, 101 Stat. 1329-436, provided that:

"(a) WAIVER OF SECTION 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1988 shall not be made.

"(b) Two PERCENT INCREASE IN BASIC PAY, BAQ, AND BAS. The rates of basic pay, basic allowance for quarters, and basic allowance for subsistence of members of the uniformed services are increased by 2 percent effective on January 1, 1988."

MILITARY PAY RAISE FOR FISCAL YEAR 1987 Pub. L. 99-661, div. A, title XIII, § 1310(c), Nov. 14, 1986, 100 Stat. 3983, provided that: "Subject to the condition specified in subsection (a), the percentage of the increase in basic pay, basic allowance for quarters, and basic allowance for subsistence for members of the uniformed services, and the increase in pay for cadets and midshipmen, specified in sections 601(b) [set out below] and 601(c) [amending section 203 of this title], respectively, of this Act is hereby reduced from 3 percent to 2 percent."

[The condition specified in subsection (a) is the condition specified in section 1310(a) of Pub. L. 99-661, which was not classified to the Code, but was met by enactment of section 1013 of this title by Pub. L. 99-500 and Pub. L. 99-591.]

Pub. L. 99-661, div. A, title VI, § 601(a), (b), Nov. 14, 1986, 100 Stat. 3873, provided that:

"(a) WAIVER OF SECTION 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1987 shall not be made.

"(b) THREE PERCENT INCREASE IN BASIC PAY, BASIC ALLOWANCE FOR QUARTERS, AND BASIC ALLOWANCE FOR SUBSISTENCE.-The rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 3 percent effective on January 1, 1987."

Substantially identical provisions were contained in Pub. L. 99-500, §.144(b), Oct. 18, 1986, 100 Stat. 1783-350, and Pub. L. 99-591, § 144(b), Oct. 30, 1986, 100 Stat. 3341-353.

MILITARY PAY RAISE FOR FISCAL YEAR 1986

Pub. L. 99-145, title VI, § 601, Nov. 8, 1985, 99 Stat. 635, provided that:

"(a) WAIVER OF SECTION 1009 ADJUSTMENT.-Any adjustment required by section 1009 of title 37, United States Code, in elements of the compensation of members of the uniformed services to become effective during fiscal year 1986 shall not be made.

"(b) THREE PERCENT PAY RAISE.-The rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 3 percent effective on October 1, 1985."

MILITARY PAY RAISES FOR FISCAL YEAR 1985 Pub. L. 98-525, title VI, § 601, Oct. 19, 1984, 98 Stat. 2533, provided that:

"(a) Any adjustment required by section 1009 of title 37, United States Code, in elements of the compensation of members of the uniformed services to become effective during fiscal year 1985 shall not be made.

"(b)(1) Except as provided in paragraph (2), the rates of basic pay and basic allowances for subsistence for members of the uniformed services are increased by 4 percent effective on January 1, 1985.

"(2) The increase in rates of basic pay and basic allowances for subsistence provided for in paragraph (1) shall not apply to enlisted members in pay grade E-1 with less than 4 months active duty."

DELAY UNTIL APRIL 1, 1984, OF PAY ADJUSTMENT OTHERWISE EFFECTIVE OCTOBER 1, 1983; LIMIT; CONDITIONS FOR EARLIER EFFECTIVE DATE

Pub. L. 98-94, title IX, § 901, Sept. 24, 1983, 97 Stat. 634, provided that:

"(a) The adjustment required by section 1009 of title 37, United States Code, in certain elements of the compensation of members of the uniformed services to become effective on October 1, 1983, shall not be made.

"(b)(1) Subject to the provisions of paragraphs (2) and (3), each element of compensation specified in sec

tion 1009(a) of title 37, United States Code, shall be increased for members of the uniformed services by 4 percent effective on April 1, 1984.

"(2) The increase provided for in paragraph (1) shall not apply to enlisted members in pay grade E-1 with less than 4 months active duty.

"(3) The President may allocate the percentage increase specified under paragraphs (1) and (2) in the same manner and to the same extent the President is authorized under subsections (c) and (d) of section 1009 of title 37, United States Code, to allocate any percentage increase described in subsection (b)(3) of section 1009 of such title.

"(c) Notwithstanding the effective date of April 1, 1984, prescribed in subsection (b) for the increase in compensation of members of the uniformed services, if an adjustment is made after the date of the enactment of this Act [Sept. 24, 1983] in the General Schedule [5 U.S.C. 5332 note] of compensation for Federal classified employees and such adjustment is to become effective before April 1, 1984, the increase in the compensation of members of the uniformed services provided for in subsection (b) shall become effective on the first day of the first pay period for members of the uniformed services which begins on or after the effective date of the adjustment made in the compensation of Federal classified employees."

PAY INCREASE OF 11.7 PERCENT FOR MEMBERS OF THE UNIFORMED SERVICES EFFECTIVE WITH THE FIRST PAY PERIOD Beginning AFTER SEPTEMBER 30, 1980 Section 801 of Pub. L. 96-342 provided that:

"(a) Any adjustment required under the provisions of section 1009 of title 37, United States Code, relating to adjustments in the compensation of members of the uniformed services, which would otherwise first become effective beginning with any pay period in fiscal year 1981 shall not become effective.

"(b)(1) Subject to the provisions of paragraph (2), each element of compensation specified in section 1009(a) of title 37, United States Code, shall be increased for members of the uniformed services by 11.7 percent effective with the first pay period beginning after September 30, 1980.

"(2) The President may allocate the percentage increase specified under paragraph (1) in the same manner and to the same extent the President is authorized under subsections (c) and (d) of section 1009 of title 37, United States Code, as amended by section 803 of this Act, to allocate any percentage increase described in subsection (b)(3) of section 1009 of such title, except that

"(A) the provisions of subsection (d)(2)(B) of such section shall not apply to this subsection or any action of the President under this subsection; and

"(B) the overall average percentage increase in the elements of compensation specified in subsection (a) of such section in the case of any member of the uniformed services with four years or less service may not exceed 11.7 percent."

LIMITS OF UPWARD ADJUstment of CoOMPENSATION Pub. L. 94-106, title VIII, § 819, Oct. 7, 1975, 89 Stat. 544, provided that:

"(a) Notwithstanding any other provision of law, the aggregate amount of any upward adjustments in certain elements of compensation of members of the uniformed services required by section 1009 of title 37, United States Code, may not exceed 5 per centum during the period from January 1, 1975, through June 30, 1976, except that no such restriction shall apply unless a 5 per centum restriction on the aggregate amount of upward adjustments of the General Schedule of compensation for Federal classified employees as contained in section 5332 of title 5, United States Code, is also required during that period.

"(b) No reduction in compensation is required under subsection (a) of any upward adjustment that may

have been put into effect under section 1009 of title 37, United States Code, between January 1, 1975, and the date of enactment of this section [Oct. 7, 1975).

"(c) Any upward adjustment in compensation which has been limited by subsection (a) of this section to an amount or amounts less than otherwise would have been in effect shall not be increased subsequent to June 30, 1976—

"(1) in order to compensate a member for the dif ference between the amounts he has received under the provisions of subsection (a) and the amounts he would have otherwise received; or

"(2) except in accordance with the normal procedures and timing which would have been in effect for any such pay increase subsequent to June 30, 1976, without regard to any limitation under subsec tion (a) of this section."

RATES OF MONTHLY BASIC PAY

Section 5 of Pub. L. 93-419 provided that: “Until the effective date of the first upward adjustment in the rates of monthly basic pay for members of the uniformed services made by the President under section 1009 of title 37, United States Code, as added by sec tion 4 of this Act, after the effective date of this Act [Sept. 19, 1974], the rates of monthly basic pay for members of the uniformed services authorized by sec tion 203(a) of that title are those prescribed by Execu tive Order 11740 of October 3, 1973, which became ef. fective on October 1, 1973."

RATES OF BASIC ALLOWANCE FOR SUBSISTENCE Section 6 of Pub. L. 93-419 provided that: "Until the effective date of the first upward adjustment in the rates of basic allowance for subsistence for enlisted members and officers made by the President under section 1009 of title 37, United States Code, as added by section 4 of this Act, after the effective date of this Act [Sept. 19, 1974], the rates prescribed under section 402 of title 37, United States Code, as it existed on the date before the effective date of this Act, shall continue in effect."

ADJUSTMENT OF PAY RATES EFFECTIVE OCTOBER 1,

1981

While serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is calculated to be $10,608.90, regardless of cumulative years of service computed under section 205 of title 37, United States Code. Nevertheless, actual basic pay for these officers is limited to the rate of basic pay for level V of the Executive Schedule, which is $9,016.80 per month.

2 Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant officer.

Basic pay for these officers is limited to the rate of basic pay for level V of the Executive Schedule, which is $9,016.80 per month.

⚫ Commissioned officers with over 4 years of active duty service as an enlisted member or warrant officer

1,934.10 1,641.60 1,322.40

1,934.10

1,934.10

1,934.10

1,934.10

1,641.60 1,641.60 1,641.60

1,641.60

1,322.40

1,322.40

1,322.40

1,322.40

E-3.

1,134.60

1,134.60

1,134.60

1,134.60

1,134.60

E-2.

E-12 E-13

957.60 854.40