37 U.S.C. § 1009 : US Code - Section 1009: Adjustments of monthly basic pay

Search 37 U.S.C. § 1009 : US Code - Section 1009: Adjustments of monthly basic pay

(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.