§433 — Title 37 Pay and Allowances of the Uniformed Services | U.S. Code

Summary

Under rules set by the military Secretaries, Ready Reserve members who are not in the National Guard or Selected Reserve get a cash allowance when they perform authorized muster duty for at least two hours. The pay equals 125% of the average daily per diem for the United States (excluding Alaska and Hawaii) as set on September 30 of the year before the duty. It must be paid in cash (not goods), can be paid before, on, or within 30 days after the duty, and is the only pay for that duty. A member cannot also receive inactive‑duty training pay for the same time.

Title 37, §433

Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC

(a)Under uniform regulations prescribed by the Secretaries concerned, a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve is entitled to an allowance for muster duty performed pursuant to section 12319 of title 10 if the member is engaged in that duty for at least two hours.

(b)The amount of the allowance under this section shall be 125 percent of the amount of the average per diem rate for the United States (other than Alaska and Hawaii) under section 452 of this title as in effect on September 30 of the year preceding the year in which the muster duty is performed.

(c)The allowance authorized by this section may not be disbursed in kind. The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date. The allowance shall constitute the single, flat-rate monetary allowance authorized for the performance of muster duty and shall constitute payment in full to the member, regardless of grade or rank in which serving, as commutation for travel to the immediate vicinity of the designated muster duty location, transportation, subsistence, and the special or extraordinary costs of enforced absence from home and civilian pursuits, including such absence on weekends and holidays.

(d)A member who performs muster duty is not entitled to compensation for inactive-duty training under section 206(a) of this title for the same period.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–263 substituted “section 452” for “section 474(d)(2)(A)”. 2013—Subsec. (b). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (b). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404”. 1997—Subsec. (c). Pub. L. 105–85 struck out “and shall be paid to the member on or before the date on which the muster duty is performed” after “disbursed in kind” in first sentence and inserted “The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date.” after first sentence. 1996—Subsec. (a). Pub. L. 104–106 substituted “section 12319 of title 10” for “section 687 of title 10”. 1990—Subsec. (a). Pub. L. 101–510 substituted “section 687 of title 10” for “section 691 of title 10”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 Amendment Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.

Effective Date

of 1990 Amendment Pub. L. 101–510, div. A, title XIV, § 1484(h)(5), Nov. 5, 1990, 104 Stat. 1718, provided that the amendment made by that section is effective as of Nov. 29, 1989.

§433 Allowance for Muster Duty

Summary

Title 37, §433

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

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