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U.S. Code as of:
01/19/04
Section 909. Special and incentive pay: payment at unreduced rates during suspension of personnel laws
(a) Authority To Continue Payment at Unreduced Rates. - To ensure
fairness and recognize the contributions of members of the armed
forces to military essential missions, the Secretary of the
military department concerned may authorize members who are
involuntarily retained on active duty under section 123 or 12305 of
title 10 or any other provision of law and who, immediately before
retention on active duty, were entitled or eligible for special pay
or incentive pay under chapter 5 of this title, to receive that
special pay or incentive pay for qualifying service performed
during the retention period, without a reduction in the payment
rate below the rate the members received immediately before
retention on active duty, notwithstanding any requirement otherwise
applicable to that special pay or incentive pay that would reduce
the payment rate by reason of the years of service of the members.
(b) Suspension During Time of War. - Subsection (a) does not
apply with respect to a special pay or incentive pay under chapter
5 of this title, whenever the authority to provide that special pay
or incentive pay is suspended by the President or the Secretary of
Defense during a time of war.
(c) Qualifying Service Defined. - In this section, the term
"qualifying service" means service for which a particular special
pay or incentive pay is payable under the authority of a provision
of chapter 5 of this title.
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