Title 37Pay and Allowances of the Uniformed ServicesRelease 119-83

§910 Replacement of Lost Income: Involuntarily Mobilized Reserve Component Members and Members of the Space Force Subject to Extended and Frequent Active Duty Service

Title 37 › Chapter 17— MISCELLANEOUS RIGHTS AND BENEFITS › § 910

Last updated Apr 18, 2026|Official source

Summary

The Secretary in charge of the member’s service must pay eligible reserve or Space Force members a monthly amount when their military pay is less than their average civilian pay. Payments are made for each full month the member is on involuntary active duty once the member meets one of these tests: 547 continuous days on such active duty; 730 total days on such active duty within the previous 1,826 days; or being involuntarily mobilized for 180 days or more within 180 days after leaving a previous 180‑day (or longer) active‑duty period. The payment also starts or continues if the member meets those day tests and is kept on duty because of an injury or illness suffered while serving where special pay is available. Federal civilian employees who already get a federal civilian differential or a similar administrative benefit are not eligible. The monthly payment equals the difference between the member’s average monthly civilian income and the member’s total monthly military pay. A payment is made only if that difference is more than $50 and it cannot exceed $3,000 in any month. Average monthly civilian income means the member’s earned income for either the 12 months before mobilization or the 12 months covered by the most recent federal tax return, divided by 12. Total monthly military pay means the member’s regular monthly military pay plus any monthly special or incentive pay and monthly allowances (except allowances counted as regular pay). The Secretary of Defense will write the rules to run this program. No payments are allowed for months that start after December 31, 2026, unless the member’s right to payments began on or before that date.

Full Legal Text

Title 37, §910

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

(a)The Secretary concerned shall pay to an eligible member of a reserve component of the armed forces or of the Space Force an amount equal to the monthly active-duty income differential of the member, as determined by the Secretary, when the total monthly military compensation of the member is less than the average monthly civilian income of the member. The payments shall be made on a monthly basis.
(b)(1)A member of a reserve component or the Space Force is entitled to a payment under this section for any full month of active duty of the member, when the total monthly military compensation of the member is less than the average monthly civilian income of the member, while the member is on active duty under an involuntary mobilization order, following the date on which the member—
(A)completes 547 continuous days of service on active duty under an involuntary mobilization order;
(B)completes 730 cumulative days on active duty under an involuntary mobilization order during the previous 1,826 days; or
(C)is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days after the date of the member’s separation from a previous period of active duty for a period of 180 days or more.
(2)The entitlement of a member of a reserve component or the Space Force to a payment under this section also shall commence or, if previously commenced under paragraph (1), shall continue if the member—
(A)satisfies the required number of days on active duty specified in subparagraph (A) or (B) of paragraph (1) or was involuntarily mobilized as provided in subparagraph (C) of such paragraph; and
(B)is retained on active duty under subparagraph (A) or (B) of section 12301(h)(1) of title 10 because of an injury or illness incurred or aggravated while the member was assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available.
(3)A civilian employee of the Federal Government who is also a member of a reserve component or the Space Force is not entitled to a payment under this section for any period for which the employee is entitled to—
(A)a differential payment under section 5538 of title 5; or
(B)a comparable benefit under an administratively established program for civilian employees absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services.
(c)(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)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)In this section:
(1)The term “average monthly civilian income”, with respect to a member of a reserve component or the Space Force, 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)This section shall be administered under regulations to be prescribed by the Secretary of Defense.
(g)No payment shall be made to a member under this section for months beginning after December 31, 2026, unless the entitlement of the member to payments under this section commenced on or before that date.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Pub. L. 119–60, § 601(g)(2)(A), inserted “and members of the Space Force” after “reserve component members” in section catchline. Catchline text was editorially conformed to the style used in this title. Subsec. (a). Pub. L. 119–60, § 601(g)(2)(B), inserted “or of the Space Force” after “of the armed forces”. Subsec. (b)(1) to (3). Pub. L. 119–60, § 601(g)(2)(C), inserted “or the Space Force” after “a reserve component” in introductory provisions. Subsec. (e)(1). Pub. L. 119–60, § 601(g)(2)(C), inserted “or the Space Force” after “a reserve component”. Subsec. (g). Pub. L. 119–60, § 611(a), substituted “
December 31, 2026” for “
December 31, 2025”. 2024—Subsec. (g). Pub. L. 118–159 substituted “
December 31, 2025” for “
December 31, 2024”. 2023—Subsec. (g). Pub. L. 118–31 substituted “
December 31, 2024” for “
December 31, 2023”. 2022—Subsec. (g). Pub. L. 117–263 substituted “
December 31, 2023” for “
December 31, 2022”. 2021—Subsec. (g). Pub. L. 117–81 substituted “
December 31, 2022” for “
December 31, 2021”. Pub. L. 116–283 substituted “
December 31, 2021” for “
December 31, 2020”. 2019—Subsec. (g). Pub. L. 116–92 substituted “
December 31, 2020” for “
December 31, 2019”. 2018—Subsec. (g). Pub. L. 115–232 substituted “
December 31, 2019” for “
December 31, 2018”. 2017—Subsec. (g). Pub. L. 115–91 substituted “
December 31, 2018” for “
December 31, 2017”. 2016—Subsec. (b)(2)(B). Pub. L. 114–328, § 618(h)(5), inserted “, or paragraph (1) or (3) of section 351(a),” after “section 310”. Subsec. (g). Pub. L. 114–328, § 611(8), substituted “
December 31, 2017” for “
December 31, 2016”. 2015—Subsec. (g). Pub. L. 114–92 substituted “
December 31, 2016” for “
December 31, 2015”. 2014—Subsec. (g). Pub. L. 113–291 substituted “
December 31, 2015” for “
December 31, 2014”. 2013—Subsec. (g). Pub. L. 113–66 substituted “
December 31, 2014” for “
December 31, 2013”. Pub. L. 112–239 substituted “
December 31, 2013” for “
December 31, 2012”. 2011—Subsec. (b)(3). Pub. L. 111–383, § 601(a), added par. (3). Subsec. (g). Pub. L. 112–81 substituted “
December 31, 2012” for “
December 31, 2011”. Pub. L. 111–383, § 611(7), substituted “
December 31, 2011” for “
December 31, 2010”. 2009—Subsec. (g). Pub. L. 111–84 substituted “
December 31, 2010” for “
December 31, 2009”. 2008—Subsec. (a). Pub. L. 110–181, § 604(a), inserted before period at end of first sentence “, when the total monthly military compensation of the member is less than the average monthly civilian income of the member”. Subsec. (b). Pub. L. 110–181, § 604(b), amended subsec. (b) generally. Prior to amendment, text read as follows: “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.” Subsec. (g). Pub. L. 110–417 substituted “
December 31, 2009” for “
December 31, 2008”. Pub. L. 110–181, § 604(c), amended subsec. (g) generally. Prior to amendment, text read as follows: “No payment shall be made under this section after
December 31, 2008.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 Amendment Pub. L. 111–383, div. A, title VI, § 601(b), Jan. 7, 2011, 124 Stat. 4235, provided that: “Subsection (b)(3) of section 910 of title 37, United States Code, as added by subsection (a), shall apply with respect to payments under such section for months beginning on or after the date of the enactment of this Act [Jan. 7, 2011].”

Effective Date

Pub. L. 109–163, div. A, title VI, § 614(c), Jan. 6, 2006, 119 Stat. 3293, provided that: “Section 910 of title 37, United States Code, as added by subsection (a), may apply only with respect to months beginning after the end of the 180-day period beginning on the date of the enactment of this Act [Jan. 6, 2006].”

Reference

Citations & Metadata

Citation

37 U.S.C. § 910

Title 37Pay and Allowances of the Uniformed Services

Last Updated

Apr 18, 2026

Release point: 119-83