Sec. 621. MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN RESERVES WHILE ON DUTY
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## SEC. 621 MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN RESERVES WHILE ON DUTY ###
(a)Change in Priority of Payments for Retired or Retainer Pay Subsection
(a)of section 12316 of title 10, United States Code, is amended— ####
(1)in the matter preceding paragraph (1)— #####
(A)by striking “subsection (b)” and inserting “subsection (c)”; and #####
(B)by striking “his earlier military service” and inserting “the Reserve’s earlier military service”; #####
(C)by striking “a pension, retired or retainer pay, or disability compensation” and inserting “retired or retainer pay”; and #####
(D)by striking “he is entitled” and inserting “the Reserve is entitled”; and ####
(2)by striking paragraphs
(1)and
(2)and inserting the following new paragraphs: > > #### “(1) > > the pay and allowances authorized by law for the duty that the Reserve is performing; or > > > #### “(2) > > if the Reserve specifically waives those payments, the retired or retainer pay to which the Reserve is entitled because of the Reserve’s earlier military service.” > . ###
(b)Payments for Pension or Disability Compensation Such section is further amended— ####
(1)by redesignating subsection
(b)as subsection (c); and ####
(2)by inserting after subsection
(a)the following new subsection (b): > > ### “(b) > > Except as provided by subsection (c), a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because of the Reserve’s earlier military service is entitled to a pension or disability compensation, and who performs duty for which the Reserve is entitled to compensation, may elect to receive for that duty either— > > > #### “(1) > > the pension or disability compensation to which the Reserve is entitled because of the Reserve’s earlier military service; or > > > #### “(2) > > if the Reserve specifically waives those payments, the pay and allowances authorized by law for the duty that the Reserve is performing.” > . ###
(c)Additional Conforming and Modernizing Amendments Subsection
(c)of such section, as redesignated by subsection (b)(1) of this section, is amended— ####
(1)by striking “(a)(2)” both places it appears and inserting “(a)(1) or (b)(2), as applicable,”; ####
(2)by striking “his earlier military service” the first place it appears and inserting “a Reserve’s earlier military service”; ####
(3)by striking “his earlier military service” each other place it appears and inserting “the Reserve’s earlier military service”; ####
(4)by striking “he is entitled” and inserting “the Reserve is entitled”; and ####
(5)by striking “the member or his dependents” and inserting “the Reserve or the Reserve’s dependents”. ###
(d)Procedures Such section is further amended by adding at the end the following new subsection: > > ### “(d) > > The Secretary of Defense shall prescribe regulations under which a Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard may waive the pay and allowances authorized by law for the duty the Reserve is performing under subsection (a)(2) or (b)(2).” > . ###
(e)Effective Date **[**[10 U.S.C. 12316 note](/us/usc/t10/s12316)**]** The amendments made by this section shall take effect 180 days after the date of the enactment of this Act.
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Sec. 621
MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN RESERVES WHILE ON DUTY
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