§ 1009. Adjustments of monthly basic pay
2,496 words·~11 min read·
/usc/title-37/section-1009A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Requirement for Annual Adjustment.— Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under section 203(a) of this title shall be increased under this section.
(b)Effectiveness of Adjustment.— An adjustment under this section shall have the force and effect of law.
(c)Equal Percentage Increase for All Members.—
(1)An adjustment made under this section in a year shall provide all eligible members with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of one percent) by which the ECI for the base quarter of the year before the preceding year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
(2)Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph.
(3)In this subsection:
(A)The term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics.
(B)The term “base quarter” for any year is the three-month period ending on September 30 of such year.
(d)Protection of Member’s Total Compensation While Performing Certain Duty.—
(1)The total daily equivalent amount of the elements of compensation described in paragraph (3), together with other pay and allowances under this title, to be paid to a member of the uniformed services who is temporarily assigned to duty away from the member’s permanent duty station or to duty under field conditions at the member’s permanent duty station shall not be less, for any day during the assignment period, than the total amount, for the day immediately preceding the date of the assignment, of the elements of compensation and other pay and allowances of the member.
(2)Paragraph
(1)shall not apply with respect to an element of compensation or other pay or allowance of a member during an assignment described in such paragraph to the extent that the element of compensation or other pay or allowance is reduced or terminated due to circumstances unrelated to the assignment.
(3)The elements of compensation referred to in this subsection mean—
(A)the monthly basic pay authorized members of the uniformed services by section 203(a) of this title;
(B)the basic allowance for subsistence authorized members of the uniformed services by section 402 of this title; and
(C)the basic allowance for housing authorized members of the uniformed services by section 403 of this title.
(e)Presidential Determination of Need for Alternative Pay Adjustment.—
(1)If, because of national emergency or serious economic conditions affecting the general welfare, the President considers the pay adjustment which would otherwise be required by this section in any year to be inappropriate, the President shall prepare and transmit to Congress before September 1 of the preceding year a plan for such alternative pay adjustments as the President considers appropriate, together with the reasons therefor.
(2)In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including the Indexes of Leading Economic Indicators, the Gross Domestic Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.
(3)The President shall include in the plan submitted to Congress under paragraph
(1)an assessment of the impact that the alternative pay adjustments proposed in the plan would have on the Government’s ability to recruit and retain well-qualified persons for the uniformed services.
(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; Pub. L. 104–106, div. A, title VI, § 642(c), Feb. 10, 1996, 110 Stat. 368; Pub. L. 105–85, div. A, title VI, §§ 604(a)(1), 605, Nov. 18, 1997, 111 Stat. 1783, 1784; Pub. L. 106–65, div. A, title VI, § 602(a), Oct. 5, 1999, 113 Stat. 649; Pub. L. 108–136, div. A, title VI, § 602, Nov. 24, 2003, 117 Stat. 1498.)
Connections138 cite this · traces to 11
Cited by 138 sections · top 60
public-private-law
- Public Law 116-283William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- Public Law 114-328National Defense Authorization Act for Fiscal Year 2017
- Public Law 116-92National Defense Authorization Act for Fiscal Year 2020
- Public Law 113-291Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
- Public Law 118-159Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
U.S. Code
- § 5332The General Schedule
- § 409“Wages” defined
- § 5303Annual adjustments to pay schedules
- § 3121Definitions
- § 906General and special sequestration rules
- § 101Definitions
- § 403Basic allowance for housing
- § 203Rates
- § 1401PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND ASSOCIATED CONTENTS.
- § 521Authority to prescribe total strengths of officers on active duty and officer strengths in various categories
- § 571Warrant officers: grades
- § 402Basic allowance for subsistence
register
statutes-at-large
- Public Law 93–419
- Public Law 109–364To authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 94–106To authorize appropriations during the fiscal year 1973, and the period beginning July 1, 1976, and ending September 30, 1976, for procurement of aircraft, missiles, numb vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test and evaluation for the Armed Forc
- Public Law 104–106To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to reform acquisition laws and informa
- Public Law 96–342To authorize appropriations for fiscal year 1981 for procurement of aircraft, missiles, naval vessels, track combat vehicles, torpedoes, and other weapons and for research, development, test, and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty com
- Public Law 99–661To authorize appropriations for fiscal year 1987 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to improve the defense acquisition pro
- Public Law 108–136To authorize appropriations for fiscal year 2004 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 99–145To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1986, to revise and improve military compensation programs, to improve defense procurement procedures, to authorize appropriations
- Public Law 98–525To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1985, to revise and improve defense procurement, compensation, and management programs, to establish new defense educational assist
- Public Law 96–343To extend certain expiring provisions of law relating to personnel management of the Armed Forces, to provide a variable housing allowance for members of the uniformed services to reflect housing costs in different areas of the United States, to improve certain special and incentive pays for members
- Public Law 112–239To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 107–314To authorize appropriations for fiscal year 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 101–510To authorize appropriations for fiscal year 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 111–84To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 101–189To authorize appropriations for fiscal years 1990 and 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
- Public Law 105–85To authorize appropriations for fiscal year 1998 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 109–163To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 102–484To authorize appropriations for fiscal year 1993 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to provide for defense conversion, and
- Public Law 97–60To increase the pay and allowances of members of the uniformed services, and for other purposes
- Public Law 106–65To authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 106–398To authorize appropriations for fiscal year 2001 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 114–328To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 104–201To authorize appropriations for fiscal year 1997 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 100–456To authorize appropriations for fiscal year 1989 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 100–180To authorize appropriations for fiscal years 1988 and 1989 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
Traces to 11 documents
U.S. Code
public-private-law
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Public Law 116-283
- National Defense Authorization Act for Fiscal Year 2020Public Law 116-92
- National Defense Authorization Act for Fiscal Year 2018Public Law 115-91
- National Defense Authorization Act for Fiscal Year 2017Public Law 114-328
- Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025Public Law 118-159
132 references not yet in our index
- Pub. L. 93–419, § 4
- 88 Stat. 1152
- Pub. L. 94–361, title III, § 303
- 90 Stat. 925
- Pub. L. 96–342, title VIII, § 803
- 94 Stat. 1091
- Pub. L. 96–513, title V, § 516(24)
- 94 Stat. 2939
- Pub. L. 102–25, title VII, § 702(b)(1)
- 105 Stat. 117
- Pub. L. 104–106, div. A, title VI, § 642(c)
- 110 Stat. 368
- Pub. L. 105–85, div. A, title VI
- 111 Stat. 1783
- Pub. L. 106–65, div. A, title VI, § 602(a)
- 113 Stat. 649
- Pub. L. 108–136, div. A, title VI, § 602
- 117 Stat. 1498
- Pub. L. 108–136, § 602(a)
- Pub. L. 108–136, § 602(b)
- Pub. L. 108–136, § 602(c)(1)
- Pub. L. 108–136, § 602(c)(2)
- Pub. L. 106–65
- Pub. L. 105–85, § 604(a)(1)
- Pub. L. 105–85, § 605
- Pub. L. 104–106
- Pub. L. 102–25
- Pub. L. 96–513, § 516(24)(A)
- Pub. L. 96–513, § 516(24)(B)
- section 8 of the Act of Dec. 16, 1967
- Pub. L. 90–207
- Pub. L. 96–513, § 803(1)
- Pub. L. 96–342, § 803(2)
- Pub. L. 96–342, § 803(3)
- Pub. L. 96–342, § 803(5)
- Pub. L. 96–342, § 803(6)
- Pub. L. 94–361, § 303(a)
- Pub. L. 94–361, § 303(b)
- Pub. L. 106–65, div. A, title VI, § 602(b)
- Pub. L. 105–85, div. A, title VI, § 604(b)
+ 92 more
Citation graph
cites case law
§ 1009
Adjustments of monthly basic pay
Stat.×50
U.S.C.×28
Bills×25
Fed. Reg.×20
Stat. Comp.×8
Pub. L.×7
Pub. L.Pub. L. 93–419, § 4
Stat.88 Stat. 1152
Pub. L.Pub. L. 94–361, title III, § 303
Cites 143 · showing 12Cited by 138 across 6 sources