Page:United States Statutes at Large Volume 122.djvu/126

 12 2 STA T . 1 03PUBLIC LA W 110 – 1 8 1 —J A N .28, 2008 SEC.523 . R E P E ALOF A N N U ALL IM I T ON NUM B ER OF ROTC SC H OLAR - SHIPS UN D ER ARM Y RESER V E AND ARMY NATIONAL G UARD FINANCIAL ASSISTANCE PROGRAM. Section2107a(h) o f tit l e10 ,U nite d State sC ode, is a m ended by st r i k in g‘ ‘not more than 4 1 6 cadets each year u nder this section, to include ’ ’ and inserting ‘‘each year under this section’’ . SEC. 52 4 . TREATMENT OF PRIOR ACTIVE SERVICE OF MEMBERS IN UNIFORMED MEDICAL ACCESSION PROGRAMS. (a) MEDICAL S TU DE N T SOF USU H S. — (1) TR EAT M ENT OF STUDENTS W IT HP RIOR ACTI V E SERVICE.— Section 2114 of title 10, United States Code, is amended— ( A ) by redesignating subsections (c) through (h) as subsections (d) through (i), res p ecti v ely and ( B ) in subsection (b)— (i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (ii) by inserting after the second sentence the fol - lo w ing new paragraph

‘‘(2) I f a member of the uniformed services selected to be a student has prior active service in a pay grade and with years of service credited for pay that would entitle the member, if the member remained in the former grade, to a rate of basic pay ine x cess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the member shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the member shall be increased on J anuary 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the member shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after graduation, on which the basic pay for the member in the member’s actual grade and years of service credited for pay exceeds the amount of basic pay to which the member is entitled based on the member’s former grade and years of service.’’. (2) CONFORMIN G AMENDMENTS.—Such section is further amended— (A) in subsection (b), by striking ‘‘Upon graduation they’’ and inserting the following: ‘‘(c) Medical students who graduate’’; and (B) in subsection (i), as redesignated by paragraph (1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’. (b) P ARTICIPANTS IN HEALTH PROFESSIONS SCHOLARSHIP AND F INANCIAL ASSISTANCE PROGRAM.—Section 2121(c) of such title is amended— (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and (2) by adding at the end the following new paragraph: ‘‘(2) If a member of the uniformed services selected to partici- pate in the program as a medical student has prior active service in a pay grade and with years of service credited for pay that would entitle the member, if the member remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the member shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the member shall be increased on January 1 of each year by the percentage by which basic pay is increased on average

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