
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12316]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                        CHAPTER 1209--ACTIVE DUTY
 
Sec. 12316. Payment of certain Reserves while on duty

    (a) Except as provided by subsection (b), a Reserve of the Army, 
Navy, Air Force, Marine Corps, or Coast Guard who because of his earlier 
military service is entitled to a pension, retired or retainer pay, or 
disability compensation, and who performs duty for which he is entitled 
to compensation, may elect to receive for that duty either--
        (1) the payments to which he is entitled because of his earlier 
    military service; or
        (2) if he specifically waives those payments, the pay and 
    allowances authorized by law for the duty that he is performing.

    (b) Unless the payments because of his earlier military service are 
greater than the compensation prescribed by subsection (a)(2), a Reserve 
of the Army, Navy, Air Force, Marine Corps, or Coast Guard who because 
of his earlier military service is entitled to a pension, retired or 
retainer pay, or disability compensation, and who upon being ordered to 
active duty for a period of more than 30 days in time of war or national 
emergency is found physically qualified to perform that duty, ceases to 
be entitled to the payments because of his earlier military service 
until the period of active duty ends. While on that active duty, he is 
entitled to the compensation prescribed by subsection (a)(2). Other 
rights and benefits of the member or his dependents are unaffected by 
this subsection.

(Added Pub. L. 85-861, Sec. 1(15), Sept. 2, 1958, 72 Stat. 1441, 
Sec. 684; amended Pub. L. 93-586, Sec. 1, Jan. 2, 1975, 88 Stat. 1920; 
renumbered Sec. 12316, Pub. L. 103-337, div. A, title XVI, 
Sec. 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
684(a)................................  10 App.:369b (less proviso and last  Au
g. 2, 1946, ch. 756, Sec.  10;
                                         3 sentences).                        r
estated Sept. 27, 1950, ch. 1053,
                                        34 App.:853e-1 (less provisos and     S
ec.  1, 64 Stat. 1067; July 12,
                                         last 3 sentences).                   1
955, ch. 337, Secs.  1, 4, 69
                                                                              S
tat. 300, 301.
684(b)................................  10 App.:369b (proviso and last 3     Se
pt. 27, 1950, ch. 1053, Sec.  2,
                                         sentences).                          6
4 Stat. 1067; July 12, 1955, ch.
                                        34 App.:853e-1 (provisos and last 3   3
37, Secs.  2, 4, 69 Stat. 301.
                                         sentences).
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---------------------------------

    In subsections (a) and (b), the words ``retirement pay'' are omitted 
as covered by the words ``retired pay''.
    In subsection (a), the words ``Except as provided by subsection 
(b)'' are inserted for clarity. The words ``who performs duty for which 
he is entitled to compensation, may elect to receive for that duty'' are 
substituted for the words ``may elect, with reference to periods of 
active duty, active duty for training, drill, training, instruction, or 
other duty for which they may be entitled to receive compensation 
pursuant to any provisions of law''. The words ``Notwithstanding the 
provisions of any other law'', in 10 App.:369b, and ``or relinquish'' 
are omitted as surplusage.
    Subsection (a)(1) is substituted for clause (2) of 10 App.:369b, and 
clause (2) of 34 App.:853e-1.
    In subsection (a)(2), the words ``pay and allowances authorized by 
law for the duty that he is performing'' are substituted for clause (1) 
of 10 App.:369b and 34 App.:853e-1.
    In subsection (b), the word ``extended'', the next to the last 
sentence of 10 App.: 369b and of 34 App.: 853e-1, and the first proviso 
of 34 App.:853e-1, are omitted as surplusage.


                               Amendments

    1994--Pub. L. 103-337 renumbered section 684 of this title as this 
section.
    1975--Subsecs. (a), (b). Pub. L. 93-586 inserted reference to Coast 
Guard.
