§ 910. Replacement of lost income: involuntarily mobilized reserve component members and members of the Space Force subject to extended and frequent active duty service
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(a)Payment Required.— The Secretary concerned shall pay to an eligible member of a reserve component of the armed forces or of the Space Force an amount equal to the monthly active-duty income differential of the member, as determined by the Secretary, when the total monthly military compensation of the member is less than the average monthly civilian income of the member. The payments shall be made on a monthly basis.
(b)Eligibility.—
(1)A member of a reserve component or the Space Force is entitled to a payment under this section for any full month of active duty of the member, when the total monthly military compensation of the member is less than the average monthly civilian income of the member, while the member is on active duty under an involuntary mobilization order, following the date on which the member—
(A)completes 547 continuous days of service on active duty under an involuntary mobilization order;
(B)completes 730 cumulative days on active duty under an involuntary mobilization order during the previous 1,826 days; or
(C)is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days after the date of the member’s separation from a previous period of active duty for a period of 180 days or more.
(2)The entitlement of a member of a reserve component or the Space Force to a payment under this section also shall commence or, if previously commenced under paragraph (1), shall continue if the member—
(A)satisfies the required number of days on active duty specified in subparagraph
(A)or
(B)of paragraph
(1)or was involuntarily mobilized as provided in subparagraph
(C)of such paragraph; and
(B)is retained on active duty under subparagraph
(A)or
(B)of section 12301(h)(1) of title 10 because of an injury or illness incurred or aggravated while the member was assigned to duty in an area for which special pay under section 310, or paragraph
(1)or
(3)of section 351(a), of this title is available.
(3)A civilian employee of the Federal Government who is also a member of a reserve component or the Space Force is not entitled to a payment under this section for any period for which the employee is entitled to—
(A)a differential payment under section 5538 of title 5; or
(B)a comparable benefit under an administratively established program for civilian employees absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services.
(c)Minimum and Maximum Payment Amounts.—
(1)A payment under this section shall be made to a member for a month only if the amount of the monthly active-duty income differential for the month is greater than $50.
(2)Notwithstanding the amount determined under subsection
(d)for a member for a month, the monthly payment to a member under this section may not exceed $3,000.
(d)Monthly Active-Duty Income Differential.— For purposes of this section, the monthly active-duty income differential of a member is the difference between—
(1)the average monthly civilian income of the member; and
(2)the member’s total monthly military compensation.
(e)Definitions.— In this section:
(1)The term “average monthly civilian income”, with respect to a member of a reserve component or the Space Force, means the amount, determined by the Secretary concerned, of the earned income of the member for either the 12 months preceding the member’s mobilization or the 12 months covered by the member’s most recent Federal income tax filing, divided by 12.
(2)The term “total monthly military compensation” means the amount, computed on a monthly basis, of the sum of—
(A)the amount of the regular military compensation
(RMC)of the member; and
(B)any amount of special pay or incentive pay and any allowance (other than an allowance included in regular military compensation) that is paid to the member on a monthly basis.
(f)Regulations.— This section shall be administered under regulations to be prescribed by the Secretary of Defense.
(g)Termination.— No payment shall be made to a member under this section for months beginning after December 31, 2026, unless the entitlement of the member to payments under this section commenced on or before that date.
(Added Pub. L. 109–163, div. A, title VI, § 614(a), Jan. 6, 2006, 119 Stat. 3292; amended Pub. L. 110–181, div. A, title VI, § 604, Jan. 28, 2008, 122 Stat. 145; Pub. L. 110–417, [div. A], title VI, § 605, Oct. 14, 2008, 122 Stat. 4483; Pub. L. 111–84, div. A, title VI, § 611(7), Oct. 28, 2009, 123 Stat. 2352; Pub. L. 111–383, div. A, title VI, §§ 601(a), 611(7), Jan. 7, 2011, 124 Stat. 4235, 4236; Pub. L. 112–81, div. A, title VI, § 611(7), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 611(8), Jan. 2, 2013, 126 Stat. 1776;
Pub. L. 113–66, div. A, title VI, § 611(8), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 611(8), Dec. 19, 2014, 128 Stat. 3399; Pub. L. 114–92, div. A, title VI, § 611(8), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, §§ 611(8), 618(h)(5), Dec. 23, 2016, 130 Stat. 2157, 2161; Pub. L. 115–91, div. A, title VI, § 611(8), Dec. 12, 2017, 131 Stat. 1421; Pub. L. 115–232, div. A, title VI, § 611(a), Aug. 13, 2018, 132 Stat. 1796; Pub. L. 116–92, div. A, title VI, § 611(a), Dec. 20, 2019, 133 Stat. 1425;
Pub. L. 116–283, div. A, title VI, § 611(a), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(a), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, § 601(a), Dec. 23, 2022, 136 Stat. 2619; Pub. L. 118–31, div. A, title VI, § 613(a), Dec. 22, 2023, 137 Stat. 291; Pub. L. 118–159, div. A, title VI, § 611(a), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 119–60, div. A, title VI, §§ 601(g)(2), 611(a), Dec. 18, 2025, 139 Stat. 905, 906.)
Connections4 cite this · traces to 15
Cited by 4 sections · top 3
statutes-at-large
- Public Law 111–383To authorize appropriations for fiscal year 2011 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 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
Traces to 15 documents
U.S. Code
public-private-law
- National Defense Authorization Act for Fiscal Year 2014Public Law 113-66
- Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015Public Law 113-291
- National Defense Authorization Act for Fiscal Year 2016Public Law 114-92
- National Defense Authorization Act for Fiscal Year 2017Public Law 114-328
- National Defense Authorization Act for Fiscal Year 2018Public Law 115-91
- John S. McCain National Defense Authorization Act for Fiscal Year 2019Public Law 115-232
- National Defense Authorization Act for Fiscal Year 2020Public Law 116-92
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Public Law 116-283
- National Defense Authorization Act for Fiscal Year 2022Public Law 117-81
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023Public Law 117-263
- National Defense Authorization Act for Fiscal Year 2024Public Law 118-31
- Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025Public Law 118-159
43 references not yet in our index
- Pub. L. 109–163, div. A, title VI, § 614(a)
- 119 Stat. 3292
- Pub. L. 110–181, div. A, title VI, § 604
- 122 Stat. 145
- Pub. L. 110–417
- 122 Stat. 4483
- Pub. L. 111–84, div. A, title VI, § 611(7)
- 123 Stat. 2352
- Pub. L. 111–383, div. A, title VI
- 124 Stat. 4235
- Pub. L. 112–81, div. A, title VI, § 611(7)
- 125 Stat. 1449
- Pub. L. 112–239, div. A, title VI, § 611(8)
- 126 Stat. 1776
- 127 Stat. 780
- 128 Stat. 3399
- 129 Stat. 838
- 130 Stat. 2157
- 131 Stat. 1421
- 132 Stat. 1796
- 133 Stat. 1425
- 134 Stat. 3673
- 135 Stat. 1769
- 136 Stat. 2619
- 137 Stat. 291
- 138 Stat. 1932
- Pub. L. 119–60, div. A, title VI
- 139 Stat. 905
- Pub. L. 119–60, § 601(g)(2)(A)
- Pub. L. 119–60, § 601(g)(2)(B)
- Pub. L. 119–60, § 601(g)(2)(C)
- Pub. L. 119–60, § 611(a)
- Pub. L. 112–239
- Pub. L. 111–383, § 601(a)
- Pub. L. 112–81
- Pub. L. 111–383, § 611(7)
- Pub. L. 111–84
- Pub. L. 110–181, § 604(a)
- Pub. L. 110–181, § 604(b)
- Pub. L. 110–181, § 604(c)
+ 3 more
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§ 910
Replacement of lost income: involuntarily mobilized reserve component members and members of the Space Force subject to extended and frequent active duty service
Stat.×2
U.S.C.×2
Pub. L.Pub. L. 109–163, div. A, title VI, § 614(a)
Stat.119 Stat. 3292
Pub. L.Pub. L. 110–181, div. A, title VI, § 604
Cites 58 · showing 12Cited by 4 across 2 sources