Page:United States Statutes at Large Volume 94 Part 1.djvu/1177

 PUBLIC LAW 96-343—SEPT. 8, 1980

94 STAT. 1127

"(2) the pay and allowances to which he would be entitled if he were in the last enlisted grade he held before his appointment as an officer. "(b) A warrant officer who accepts an appointment as a commissioned officer in a pay grade above W-4 shall, for service as such a commissioned officer, be paid the greater of— "(1) the pay and allowances to which he is entitled as such a commissioned officer; "(2) the pay and allowances to which he would be entitled if he were in the last warrant officer grade he held before his appointment as such a commissioned officer; or "(3) in the case of an officer who was formerly an enlisted member, the pay and allowances to which he would be entitled if he were in the last enlisted grade he held before his appointment as an officer. "(c) For the purposes of this section— "(1) the pay and allowances of a grade formerly held by an officer include— "(A) subject to subsection (d) of this section, special and incentive pays under chapter 5 of this title; and "(B) subject to subsection (e) of this section, allowances under chapter 7 of this title; and "(2) the rates of pay and allowances of a grade which an officer formerly held are those to which the officer would have been entitled had he remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title. "(d) In determining the amount of the pay and allowances of a grade formerly held by an officer, incentive pay for hazardous duty under section 301 of this title, special pay for diving duty under section 304 of this title, for duty at certain places under section 305 of this title, and for sea duty under section 305a of this title, and proficiency pay under section 307 of this title may be considered only so long as the officer continues to perform the duty creating the entitlement to or eligibility for that pay and would otherwise be eligible to receive that pay in his former grade. "(e) The clothing allowance under section 418 of this title may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer if the officer is entitled to a. uniform allowance under section 415 of this title.". (2) The table of sections at the beginning of chapter 17 of such title is amended by striking out the item relating to section 907 and inserting in lieu thereof the following:

^'^ USC 301. ^'^ USC 304. 37 USC 305a, °"^/{Q^ \]^^' 37 USC 307. 37 USC 418. 37 USC 415. 37 USC 907.

"907. Enlisted members and warrant officers appointed as officers: pay and allowances stabilized.".

(b) Section 203 of such title, relating to rates of pay for members of the uniformed services, is amended by adding at the end thereof the following new subsection: "(d) The basic pay of commissioned officers who are in pay grades 0 - 1, 0-2, and 0 - 3 and who are credited with over four years' active service as warrant officers shall be computed in the same manner as the basic pay of commissioned officers in the same pay grades who have been credited with over four years' active service as enlisted members.". (c) The amendments made by this section shall be effective with respect to periods for which pay and allowances are payable which begin after August 31, 1980.

37 USC 203.

Effective date, 37 USC 907 ^°*^-

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