37 U.S.C. § 907 : US Code - Section 907: Enlisted members and warrant officers appointed as officers: pay and allowances stabilized

Search 37 U.S.C. § 907 : US Code - Section 907: Enlisted members and warrant officers appointed as officers: pay and allowances stabilized

(a) An enlisted member who accepts an appointment as an officer
shall, for service as an officer, be paid the greater of -
(1) the pay and allowances to which the officer is entitled as
an officer; or
(2) the pay and allowances to which the officer would be
entitled if the officer were in the last enlisted grade the
officer held before the appointment as an officer.
(b) A warrant officer who accepts an appointment as a
commissioned officer in a pay grade above W-4 shall, for service as
such a commissioned officer, be paid the greater of -
(1) the pay and allowances to which the officer is entitled as
such a commissioned officer;
(2) the pay and allowances to which the officer would be
entitled if the officer were in the last warrant officer grade
the officer held before the appointment as such a commissioned
officer; or
(3) in the case of an officer who was formerly an enlisted
member, the pay and allowances to which the officer would be
entitled if the officer were in the last enlisted grade the
officer held before the appointment as an officer.
(c) For the purposes of this section -
(1) the pay and allowances of a grade formerly held by an
officer include -
(A) subject to subsection (d), special and incentive pays
under chapter 5 of this title; and
(B) subject to subsection (e), allowances under chapter 7 of
this title; and
(2) the rates of pay and allowances of a grade which an officer
formerly held are those to which the officer would have been
entitled had the officer remained in that grade and continued to
receive the increases in pay and allowances authorized for that
grade, as otherwise provided in this title.
(d)(1) In determining the amount of the pay and allowances of a
grade formerly held by an officer, the following special and
incentive pays may be considered only so long as the officer
continues to perform the duty that creates the entitlement to, or
eligibility for, that pay and would otherwise be eligible to
receive that pay in the former grade:
(A) Incentive pay for hazardous duty under section 301 of this
title.
(B) Submarine duty incentive pay under section 301c of this
title.
(C) Special pay for diving duty under section 304 of this
title.
(D) Hardship duty pay under section 305 of this title.
(E) Career sea pay under section 305a of this title.
(F) Special pay for service as a member of a Weapons of Mass
Destruction Civil Support Team under section 305b of this title.
(G) Assignment incentive pay under section 307a of this title.
(H) Special pay for duty subject to hostile fire or imminent
danger under section 310 of this title.
(I) Special pay or bonus for an extension of duty at a
designated overseas location under section 314 of this title.
(J) Foreign language proficiency pay under section 316 of this
title.
(K) Critical skill retention bonus under section 323 of this
title.
(2) The following special and incentive pays are dependent on a
member being in an enlisted status and may not be considered in
determining the amount of the pay and allowances of a grade
formerly held by an officer:
(A) Special duty assignment pay under section 307 of this
title.
(B) Reenlistment bonus under section 308 of this title.
(C) Enlistment bonus under section 309 of this title.
(D) Career enlisted flyer incentive pay under section 320 of
this title.
(e) The clothing allowance under section 418 of this title may
not be considered in determining the amount of the pay and
allowances of a grade formerly held by an officer if the officer is
entitled to a uniform allowance under section 415 of this title.