Page:United States Statutes at Large Volume 100 Part 5.djvu/401

 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3875

"(2) subsistence during hospitalization. ' ^ "(c) A member is not entitled to benefits under this section if the injury, illness, or disease, or aggravation of an injury, illness, or disease described in subsection (a)(2), is the result of the gross negligence or misconduct of thie member.", (2) The item relating to section 1074a in the table of sections at the beginning of chapter 55 of such title is amended to read as follows: "1074a. Medical and dental care: members on duty other than active duty for a period of more than 30 days.". (b) PAY AND ALLOWANCES FOR DISABLED MEMBERS.—Section 204 of

title 37, United States Code, is amended as follows: (1) Subsections (g) and (h) are amended to read as follows: "(g) A member of a reserve component of a uniformed service is entitled to the pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service whenever such member— "(1) is called or ordered to active duty for a period of more than 30 days; and "(2) is physically disabled in line of duty from injury, illness, or disease. "(h)(1) A member of a reserve component of a uniformed service is entitled, upon request, to a portion of the monthly pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for each month for which the member demonstrates a loss of income from non-military compensation as a result of an injury, illness, or disease incurred or aggravated— "(A) in line of duty while performing active duty for a period of 30 days or less; "(B) in line of duty while performing inactive-duty training '* (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service); or "(C) while traveling directly to or from that duty or training. "(2)(A) Subject to subparagraphs (B) and (C), pay and allowances paid under paragraph (1) shall be in an amount which offsets the loss of income from non-military compensation. "(B) Pay and allowances may not be paid under paragraph (1) to a member who is enrolled in any other income protection insurance plan to the extent that such payment would result in total benefits to the member of more than the demonstrated loss of income from non-military compensation. "(C) The total amount of pay and allowances paid under paragraph (1) and compensation paid under section 206(a) of this title for any period may not exceed the amount of pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for that period. "(3) Pay and allowances may be paid under paragraph (1)— "(A) for a period of not more than six months; or "(B) for a longer period, if the Secretary concerned determines that it is in the interests of fairness and equity to do so. "(4) A member is not entitled to benefits under this subsection if the injury, illness, disease, or aggravation of an injury, illness, or

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