37 U.S.C. § 910 : US Code - Section 910: Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service

Search 37 U.S.C. § 910 : US Code - Section 910: Replacement of lost income: involuntarily mobilized reserve component members subject to extended and frequent active duty service

(a) Payment Required. - The Secretary concerned shall pay to an
eligible member of a reserve component of the armed forces an
amount equal to the monthly active-duty income differential of the
member, as determined by the Secretary. The payments shall be made
on a monthly basis.
(b) Eligibility. - Subject to subsection (c), a reserve component
member is entitled to a payment under this section for any full
month of active duty of the member, while on active duty under an
involuntary mobilization order, following the date on which the
member -
(1) completes 18 continuous months of service on active duty
under such an order;
(2) completes 24 months on active duty during the previous 60
months under such an order; or
(3) is involuntarily mobilized for service on active duty for a
period of 180 days or more within six months or less following
the member's separation from a previous period of involuntary
active duty for a period of 180 days or more.
(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, 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 of Authority. - No payment shall be made under
this section after December 31, 2008.
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