Section 1009 · Adjustments of monthly basic pay

Amendments

2003—Subsec. (a). Pub. L. 108–136, §602(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Whenever the General Schedule of compensation for Federal classified employees, as contained in section 5332 of title 5, is adjusted upward as provided in section 5303 of such title, the President shall immediately make an upward adjustment in the monthly basic pay authorized members of the uniformed services by section 203(a) of this title.”

Subsec. (b). Pub. L. 108–136, §602(b), substituted “shall have the force and effect of law.” for “shall—

“(1) have the force and effect of law; and

“(2) carry the same effective date as that applying to the compensation adjustments provided General Schedule employees.”

Subsec. (c). Pub. L. 108–136, §602(c)(1), (3), added subsec. (c) and struck out former subsec. (c) which related to equal percentage increase for all members.

Subsec. (d). Pub. L. 108–136, §602(c)(1), (2), redesignated subsec. (f) as (d) and struck out former subsec. (d) which related to allocation of increase among pay grades and years-of-service.

Subsec. (e). Pub. L. 108–136, §602(c)(1), (4), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “Whenever the President plans to exercise the authority of the President under subsection (d) with respect to any anticipated increase in the monthly basic pay of members of the uniformed services, the President shall advise Congress, at the earliest practicable time prior to the effective date of such increase, regarding the proposed allocation of such increase.”

Subsec. (f). Pub. L. 108–136, §602(c)(2), redesignated subsec. (f) as (d).

Subsec. (g). Pub. L. 108–136, §602(c)(1), struck out heading and text of subsec. (g). Text read as follows: “The allocations of increases made under this section shall be assessed in conjunction with the quadrennial review of military compensation required by section 1008(b) of this title.”

1999—Subsec. (c). Pub. L. 106–65 designated existing provisions as par. (1) and added par. (2).

1997—Pub. L. 105–85, §604(a)(1), amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to adjustments of compensation for members of the uniformed services.

Subsecs. (f), (g). Pub. L. 105–85, §605, added subsec. (f) and redesignated former subsec. (f) as (g).

1996—Subsec. (f). Pub. L. 104–106 struck out “, and a full report shall be made to the Congress summarizing the objectives and results of those allocations” after “of this title”.

1991—Subsecs. (b)(3), (c) to (e). Pub. L. 102–25 struck out “of this section” and “of this subsection” wherever appearing.

1980—Subsec. (a). Pub. L. 96–513, §516(24)(A), struck out “, United States Code,” after “5”.

Subsec. (b)(2). Pub. L. 96–513, §516(24)(B), struck out reference to section 8 of the Act of Dec. 16, 1967 (Pub. L. 90–207).

Subsec. (b)(3). Pub. L. 96–513, §803(1), substituted “subsections (c) and (d) of this section” for “subsection (c)”.

Subsec. (c). Pub. L. 96–342, §803(2), (3), redesignated existing provision as par. (1), inserted “of this section” after “subsection (b)(3)” in two places and after “subsection (a)”, substituted “75 percent” for “75 per centum”, redesignated subsec. (d) as par. (2), substituted “under paragraph (1) of this subsection” for “under subsection (c)” in two places, inserted “of this section” after “subsection (a)”, “subsection (c)”, and “subsection (b)(3)”, respectively, and “of this title” after “section 403(b) or (c)” in two places.

Subsec. (d). Pub. L. 96–342, §803(3), (4), added subsec. (d) and redesignated former subsec. (d) as (c)(2).

Subsec. (e). Pub. L. 96–342, §803(5), inserted “or (d) of this section” after “subsection (c)” and struck out “among the different elements of compensation” after “allocation of such increase”.

Subsec. (f). Pub. L. 96–342, §803(6), struck out “among the three elements of compensation” after “under this section” and inserted “of this title” after “section 1008(b)”.

1976—Subsec. (b)(3). Pub. L. 94–361, §303(a), inserted introductory phrase “subject to subsection (c),”.

Subsecs. (c) to (f). Pub. L. 94–361, §303(b), added subsecs. (c) to (f).

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §602(b), Oct. 5, 1999, 113 Stat. 649, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2000.”

Effective Date of 1997 Amendment

Section 604(b) of Pub. L. 105–85 provided that: “The amendments made by subsection (a) [amending this section] shall take effect on January 1, 1998.”

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date

Section 9 of Pub. L. 93–419 provided that: “This Act [enacting this section, amending sections 101, 203, 402, and 403 of this title, and enacting provisions set out as notes under this section] is effective upon enactment [Sept. 19, 1974].”

Increase in Basic Pay for Fiscal Year 2004

Pub. L. 108–136, div. A, title VI, §601, Nov. 24, 2003, 117 Stat. 1495, provided that:

“(a) Waiver of Section 1009 Adjustment.—The adjustment to become effective during fiscal year 2004 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

“(b) Increase in Basic Pay.—Effective on January 1, 2004, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned officers in pay grades O–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for an officer in this grade while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, Commandant of the Coast Guard, or commander of a unified or specified combatant command (as defined in section 161(c) of title 10, United States Code) is $14,634.20, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICERYears of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 O–3E $0.00 $0.00 $0.00 $4,027.20 $4,220.10 O–2E 0.00 0.00 0.00 3,537.00 3,609.90 O–1E 0.00 0.00 0.00 2,848.50 3,042.30 Over 8 Over 10 Over 12 Over 14 Over 16 O–3E $4,431.60 $4,568.70 $4,794.30 $4,984.20 $5,092.80 O–2E 3,724.80 3,918.60 4,068.60 4,180.20 4,180.20 O–1E 3,154.50 3,269.40 3,382.20 3,537.00 3,537.00 Over 18 Over 20 Over 22 Over 24 Over 26 O–3E $5,241.30 $5,241.30 $5,241.30 $5,241.30 $5,241.30 O–2E 4,180.20 4,180.20 4,180.20 4,180.20 4,180.20 O–1E 3,537.00 3,537.00 3,537.00 3,537.00 3,537.00 WARRANT OFFICERS 1Years of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 W–5 $0.00 $0.00 $0.00 $0.00 $0.00 W–4 3,119.40 3,355.80 3,452.40 3,547.20 3,710.40 W–3 2,848.80 2,967.90 3,089.40 3,129.30 3,257.10 W–2 2,505.90 2,649.00 2,774.10 2,865.30 2,943.30 W–1 2,212.80 2,394.00 2,515.20 2,593.50 2,802.30 Over 8 Over 10 Over 12 Over 14 Over 16 W–5 $0.00 $0.00 $0.00 $0.00 $0.00 W–4 3,871.50 4,035.00 4,194.30 4,359.00 4,617.30 W–3 3,403.20 3,595.80 3,786.30 3,988.80 4,140.60 W–2 3,157.80 3,321.60 3,443.40 3,562.20 3,643.80 W–1 2,928.30 3,039.90 3,164.70 3,247.20 3,321.90 Over 18 Over 20 Over 22 Over 24 Over 26 W–5 $0.00 $5,360.70 $5,544.30 $5,728.80 $5,914.20 W–4 4,782.60 4,944.30 5,112.00 5,277.00 5,445.90 W–3 4,291.80 4,356.90 4,424.10 4,570.20 4,716.30 W–2 3,712.50 3,843.00 3,972.60 4,103.70 4,103.70 W–1 3,443.70 3,535.80 3,535.80 3,535.80 3,535.80 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule. ENLISTED MEMBERS 1Years of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 E–9 2 $0.00 $0.00 $0.00 $0.00 $0.00 E–8 0.00 0.00 0.00 0.00 0.00 E–7 2,145.00 2,341.20 2,430.60 2,549.70 2,642.10 E–6 1,855.50 2,041.20 2,131.20 2,218.80 2,310.00 E–5 1,700.10 1,813.50 1,901.10 1,991.10 2,130.60 E–4 1,558.20 1,638.30 1,726.80 1,814.10 1,891.50 E–3 1,407.00 1,495.50 1,585.50 1,585.50 1,585.50 E–2 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70 E–1 3 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40 Over 8 Over 10 Over 12 Over 14 Over 16 E–9 2 $0.00 $3,769.20 $3,854.70 $3,962.40 $4,089.30 E–8 3,085.50 3,222.00 3,306.30 3,407.70 3,517.50 E–7 2,801.40 2,891.10 2,980.20 3,139.80 3,219.60 E–6 2,516.10 2,596.20 2,685.30 2,763.30 2,790.90 E–5 2,250.90 2,339.70 2,367.90 2,367.90 2,367.90 E–4 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50 E–3 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50 E–2 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70 E–1 3 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40 Over 18 Over 20 Over 22 Over 24 Over 26 E–9 2 $4,216.50 $4,421.10 $4,594.20 $4,776.60 $5,054.70 E–8 3,715.50 3,815.70 3,986.40 4,081.20 4,314.30 E–7 3,295.50 3,341.70 3,498.00 3,599.10 3,855.00 E–6 2,809.80 2,809.80 2,809.80 2,809.80 2,809.80 E–5 2,367.90 2,367.90 2,367.90 2,367.90 2,367.90 E–4 1,891.50 1,891.50 1,891.50 1,891.50 1,891.50 E–3 1,585.50 1,585.50 1,585.50 1,585.50 1,585.50 E–2 1,337.70 1,337.70 1,337.70 1,337.70 1,337.70 E–1 3 1,193.40 1,193.40 1,193.40 1,193.40 1,193.40 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, is $6,090.90, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in pay grade E–1 who have served less than 4 months on active duty, the rate of basic pay is $1,104.00. Increase in Basic Pay for Fiscal Year 2003 Pub. L. 107–314, div. A, title VI, §601, Dec. 2, 2002, 116 Stat. 2563, provided that:

“(a) Waiver of Section 1009 Adjustment.—The adjustment to become effective during fiscal year 2003 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

“(b) Increase in Basic Pay.—Effective on January 1, 2003, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned officers in pay grades 0[O]–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for an officer in this grade while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard is $14,155.50, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICERYears of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 O–3E $0.00 $0.00 $0.00 $3,883.50 $4,069.50 O–2E 0.00 0.00 0.00 3,410.70 3,481.20 O–1E 0.00 0.00 0.00 2,746.80 2,933.70 Over 8 Over 10 Over 12 Over 14 Over 16 O–3E $4,273.50 $4,405.80 $4,623.30 $4,806.30 $4,911.00 O–2E 3,591.90 3,778.80 3,923.40 4,031.10 4,031.10 O–1E 3,042.00 3,152.70 3,261.60 3,410.70 3,410.70 Over 18 Over 20 Over 22 Over 24 Over 26 O–3E $5,054.40 $5,054.40 $5,054.40 $5,054.40 $5,054.40 O–2E 4,031.10 4,031.10 4,031.10 4,031.10 4,031.10 O–1E 3,410.70 3,410.70 3,410.70 3,410.70 3,410.70 WARRANT OFFICERS 1Years of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 W–5 $0.00 $0.00 $0.00 $0.00 $0.00 W–4 3,008.10 3,236.10 3,329.10 3,420.60 3,578.10 W–3 2,747.10 2,862.00 2,979.30 3,017.70 3,141.00 W–2 2,416.50 2,554.50 2,675.10 2,763.00 2,838.30 W–1 2,133.90 2,308.50 2,425.50 2,501.10 2,662.50 Over 8 Over 10 Over 12 Over 14 Over 16 W–5 $0.00 $0.00 $0.00 $0.00 $0.00 W–4 3,733.50 3,891.00 4,044.60 4,203.60 4,356.00 W–3 3,281.70 3,467.40 3,580.50 3,771.90 3,915.60 W–2 2,993.10 3,148.50 3,264.00 3,376.50 3,453.90 W–1 2,782.20 2,888.40 3,006.90 3,085.20 3,203.40 Over 18 Over 20 Over 22 Over 24 Over 26 W–5 $0.00 $5,169.30 $5,346.60 $5,524.50 $5,703.30 W–4 4,512.00 4,664.40 4,822.50 4,978.20 5,137.50 W–3 4,058.40 4,201.50 4,266.30 4,407.00 4,548.00 W–2 3,579.90 3,705.90 3,831.00 3,957.30 3,957.30 W–1 3,320.70 3,409.50 3,409.50 3,409.50 3,409.50 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule. ENLISTED MEMBERS 1Years of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 E–9 2 $0.00 $0.00 $0.00 $0.00 $0.00 E–8 0.00 0.00 0.00 0.00 0.00 E–7 2,068.50 2,257.80 2,343.90 2,428.20 2,516.40 E–6 1,770.60 1,947.60 2,033.70 2,117.10 2,204.10 E–5 1,625.40 1,733.70 1,817.40 1,903.50 2,037.00 E–4 1,502.70 1,579.80 1,665.30 1,749.30 1,824.00 E–3 1,356.90 1,442.10 1,528.80 1,528.80 1,528.80 E–2 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00 E–1 3 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80 Over 8 Over 10 Over 12 Over 14 Over 16 E–9 2 $0.00 $3,564.30 $3,645.00 $3,747.00 $3,867.00 E–8 2,975.40 3,061.20 3,141.30 3,237.60 3,342.00 E–7 2,667.90 2,753.40 2,838.30 2,990.40 3,066.30 E–6 2,400.90 2,477.40 2,562.30 2,636.70 2,663.10 E–5 2,151.90 2,236.80 2,283.30 2,283.30 2,283.30 E–4 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00 E–3 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80 E–2 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00 E–1 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80 Over 18 Over 20 Over 22 Over 24 Over 26 E–9 2 $3,987.30 $4,180.80 $4,344.30 $4,506.30 $4,757.40 E–8 3,530.10 3,625.50 3,787.50 3,877.50 4,099.20 E–7 3,138.60 3,182.70 3,331.50 3,427.80 3,671.40 E–6 2,709.60 2,709.60 2,709.60 2,709.60 2,709.60 E–5 2,283.30 2,283.30 2,283.30 2,283.30 2,283.30 E–4 1,824.00 1,824.00 1,824.00 1,824.00 1,824.00 E–3 1,528.80 1,528.80 1,528.80 1,528.80 1,528.80 E–2 1,290.00 1,290.00 1,290.00 1,290.00 1,290.00 E–1 1,150.80 1,150.80 1,150.80 1,150.80 1,150.80 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay is $5,732.70, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in pay grade E–1 who have served less than 4 months on active duty, the rate of basic pay is $1,064.70.” Increase in Basic Pay for Fiscal Year 2002 Pub. L. 107–107, div. A, title VI, §601, Dec. 28, 2001, 115 Stat. 1129, provided that:

“(a) Waiver of Section 1009 Adjustment.—The adjustment to become effective during fiscal year 2002 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

“(b) Increase in Basic Pay.—Effective on January 1, 2002, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned officers in pay grades O–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, the rate of basic pay for this grade is $13,598.10, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICERYears of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 O–3E $0.00 $0.00 $0.00 $3,698.70 $3,875.70 O–2E 0.00 0.00 0.00 3,276.30 3,344.10 O–1E 0.00 0.00 0.00 2,638.50 2,818.20 Over 8 Over 10 Over 12 Over 14 Over 16 O–3E $4,070.10 $4,232.40 $4,441.20 $4,617.00 $4,717.50 O–2E 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40 O–1E 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30 Over 18 Over 20 Over 22 Over 24 Over 26 O–3E $4,855.20 $4,855.20 $4,855.20 $4,855.20 $4,855.20 O–2E 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40 O–1E 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30 WARRANT OFFICERS 1Years of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 W–5 $0.00 $0.00 $0.00 $0.00 $0.00 W–4 2,889.60 3,108.60 3,198.00 3,285.90 3,437.10 W–3 2,638.80 2,862.00 2,862.00 2,898.90 3,017.40 W–2 2,321.40 2,454.00 2,569.80 2,654.10 2,726.40 W–1 2,049.90 2,217.60 2,330.10 2,402.70 2,511.90 Over 8 Over 10 Over 12 Over 14 Over 16 W–5 $0.00 $0.00 $0.00 $0.00 $0.00 W–4 3,586.50 3,737.70 3,885.30 4,038.00 4,184.40 W–3 3,152.40 3,330.90 3,439.50 3,558.30 3,693.90 W–2 2,875.20 2,984.40 3,093.90 3,200.40 3,318.00 W–1 2,624.70 2,737.80 2,850.00 2,963.70 3,077.10 Over 18 Over 20 Over 22 Over 24 Over 26 W–5 $0.00 $4,965.60 $5,136.00 $5,307.00 $5,478.60 W–4 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30 W–3 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90 W–2 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30 W–1 3,189.90 3,275.10 3,275.10 3,275.10 3,275.10 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule. ENLISTED MEMBERS 1Years of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 E–9 2 $0.00 $0.00 $0.00 $0.00 $0.00 E–8 0.00 0.00 0.00 0.00 0.00 E–7 1,986.90 2,169.00 2,251.50 2,332.50 2,417.40 E–6 1,701.00 1,870.80 1,953.60 2,033.70 2,117.40 E–5 1,561.50 1,665.30 1,745.70 1,828.50 1,912.80 E–4 1,443.60 1,517.70 1,599.60 1,680.30 1,752.30 E–3 1,303.50 1,385.40 1,468.50 1,468.50 1,468.50 E–2 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30 E–1 3 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50 Over 8 Over 10 Over 12 Over 14 Over 16 E–9 2 $0.00 $3,423.90 $3,501.30 $3,599.40 $3,714.60 E–8 2,858.10 2,940.60 3,017.70 3,110.10 3,210.30 E–7 2,562.90 2,645.10 2,726.40 2,808.00 2,892.60 E–6 2,254.50 2,337.30 2,417.40 2,499.30 2,558.10 E–5 2,030.10 2,110.20 2,193.30 2,193.30 2,193.30 E–4 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30 E–3 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50 E–2 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30 E–1 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50 Over 18 Over 20 Over 22 Over 24 Over 26 E–9 2 $3,830.40 $3,944.10 $4,098.30 $4,251.30 $4,467.00 E–8 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80 E–7 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80 E–6 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80 E–5 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30 E–4 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30 E–3 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50 E–2 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30 E–1 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50 1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $5,382.90, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in pay grade E–1 who have served less than 4 months on active duty, the rate of basic pay is $1,022.70.” Military Pay Raise for Fiscal Year 2001 Pub. L. 106–398, §1 [[div. A], title VI, §601], Oct. 30, 2000, 114 Stat. 1654, 1654A–143, provided that:

“(a) Waiver of Section 1009 Adjustment.—The adjustment to become effective during fiscal year 2001 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

“(b) Increase in Basic Pay.—Effective on January 1, 2001, the rates of monthly basic pay for members of the uniformed services are increased by 3.7 percent.”

Additional Restructuring of Basic Pay Rates for Enlisted Members

Pub. L. 106–398, §1 [[div. A], title VI, §602], Oct. 30, 2000, 114 Stat. 1654, 1654A–143, provided that:

“(a) Minimum Pay Increases for Mid-Level Enlisted Grades.—(1) Subject to paragraph (2), effective on July 1, 2001, the rates of monthly basic pay for enlisted members of the Armed Forces in the pay grades E–7, E–6, and E–5 shall be as follows:

“(2) The amounts specified in the table in paragraph (1) are subject to such revision as the Secretary of Defense and the Secretary of Transportation may prescribe under subsection (b)(1)(A).

“(b) Secretarial Authority To Further Revise.—(1) To ensure the efficient and effective operation of the military pay system, the Secretary of Defense, and the Secretary of Transportation with regard to the Coast Guard, may—

“(A) further increase any of the amounts specified in the table in subsection (a) for enlisted members of the Armed Forces in the pay grades E–7, E–6, and E–5; and

“(B) increase any of the amounts specified for other enlisted members in the table under the heading ‘ENLISTED MEMBERS’ in section 601(c) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 648) [set out below], as adjusted on January 1, 2001, pursuant to section 601(b) of this Act [set out above].

“(2) The revisions in monthly basic pay made by the Secretary of Defense and the Secretary of Transportation under paragraph (1) shall take effect on July 1, 2001, but only if the Secretaries also comply with paragraph (3).

“(3) If the Secretary of Defense or the Secretary of Transportation exercises the authority provided by paragraph (1), the Secretaries shall include, in the budget justification materials submitted to Congress in support of the President's budget submitted under section 1105 of title 31, United States Code, for fiscal year 2002—

“(A) a revised pay table for enlisted members of the Armed Forces to reflect the increases in monthly basic pay to take effect on July 1, 2001; and

“(B) a description of the various increases made and the reasons therefor.”

Fiscal Year 2000 Increase in Military Basic Pay and Reform of Basic Pay Rates

Pub. L. 106–65, div. A, title VI, §601(a)–(c), Oct. 5, 1999, 113 Stat. 645, as amended by Pub. L. 106–398, §1 [[div. A], title X, §1087(c)(1)(C)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, provided that:

“(a) Waiver of Section 1009 Adjustment.—The adjustment to become effective during fiscal year 2000 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

“(b) January 1, 2000, Increase in Basic Pay.—Effective on January 1, 2000, the rates of monthly basic pay for members of the uniformed services are increased by 4.8 percent.

“(c) Reform of Basic Pay Rates.—Effective on July 1, 2000, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:

1 Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned officers in grades O–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual basic pay for all other officers, including warrant officers, may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is calculated to be $12,488.70, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 This table does not apply to commissioned officers in the grade O–1, O–2, or O–3 who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICERYears of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 O–3E $0.00 $0.00 $0.00 $3,364.80 $3,525.90 O–2E 0.00 0.00 0.00 3,009.00 3,071.10 O–1E 0.00 0.00 0.00 2,423.10 2,588.40 Over 8 Over 10 Over 12 Over 14 Over 16 O–3E $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80 O–2E 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20 O–1E 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00 Over 18 Over 20 Over 22 Over 24 Over 26 O–3E $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90 O–2E 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20 O–1E 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00 WARRANT OFFICERSYears of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 W–5 $0.00 $0.00 $0.00 $0.00 $0.00 W–4 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40 W–3 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30 W–2 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10 W–1 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60 Over 8 Over 10 Over 12 Over 14 Over 16 W–5 $0.00 $0.00 $0.00 $0.00 $0.00 W–4 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60 W–3 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20 W–2 2,555.40 2,652.60 2,749.80 2,844.30 2,949.00 W–1 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80 Over 18 Over 20 Over 22 Over 24 Over 26 W–5 $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40 W–4 3,888.00 4,019.40 4,155.60 4,289.70 4,427.10 W–3 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90 W–2 3,056.40 3,163.80 3,270.90 3,378.30 3,378.30 W–1 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90 ENLISTED MEMBERS 1Years of service computed under section 205 of title 37, United States Code Pay Grade2 or lessOver 2Over 3Over 4Over 6 E–9 2 $0.00 $0.00 $0.00 $0.00 $0.00 E–8 0.00 0.00 0.00 0.00 0.00 E–7 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70 E–6 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30 E–5 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50 E–4 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90 E–3 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90 E–2 1,123.20 1,127.40 1,127.40 1,127.40 1,127.40 E–1 3 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60 Over 8 Over 10 Over 12 Over 14 Over 16 E–9 2 $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50 E–8 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10 E–7 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00 E–6 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60 E–5 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20 E–4 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90 E–3 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90 E–2 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40 E–1 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60 Over 18 Over 20 Over 22 Over 24 Over 26 E–9 2 $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.90 E–8 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60 E–7 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40 E–6 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70 E–5 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20 E–4 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90 E–3 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90 E–2 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40 E–1 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60 1 Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $4,719.00, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in the grade E–1 who have served less than 4 months on active duty, basic pay is $930.30.” Military Pay Raise for Fiscal Year 1999 Pub. L. 105–261, div. A, title VI, §601, Oct. 17, 1998, 112 Stat. 2036, provided that:

“(a) Waiver of Section 1009 Adjustment.—Except as provided in subsection (b), the adjustment to become effective during fiscal year 1999 required by section 1009 of title 37, United States Code, in the rate of monthly basic pay authorized members of the uniformed services by section 203(a) of such title shall not be made.

“(b) Increase in Basic Pay.—Effective on January 1, 1999, the rates of basic pay of members of the uniformed services shall be increased by the greater of—

“(1) 3.6 percent; or

“(2) the percentage increase determined under subsection (c) of section 1009 of title 37, United States Code, by which the monthly basic pay of members would be adjusted under subsection (a) of that section on that date in the absence of subsection (a) of this section.”

Military Pay Raise for Fiscal Year 1998

Section 601 of Pub. L. 105–85 provided that:

“(a) Waiver of Section 1009 Adjustment.—The adjustment, to become effective during fiscal year 1998, required by section 1009 of title 37, United States Code (as amended by section 604), in the rate of monthly basic pay authorized members of the uniformed services by section 203(a) of such title shall not be made.

“(b) Increase in Basic Pay.—Effective on January 1, 1998, the rates of basic pay of members of the uniformed services are increased by 2.8 percent.”

Military Pay Raise for Fiscal Year 1997

Pub. L. 104–201, div. A, title VI, §601, Sept. 23, 1996, 110 Stat. 2539, provided that:

“(a) Waiver of Section 1009 Adjustment.—Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1997 shall not be made.

“(b) Increase in Basic Pay and BAS.—Effective on January 1, 1997, the rates of basic pay and basic allowance for subsistence of members of the uniformed services are increased by 3.0 percent.

“(c) Increase in BAQ.—Effective on January 1, 1997, the rates of basic allowance for quarters of members of the uniformed services are increased by 4.6 percent.”

Military Pay Raise for Fiscal Year 1996

Section 601 of Pub. L. 104–106 provided that:

“(a) Rescission of Prior Section 1009 Adjustment.—The adjustment made as of January 1, 1996, pursuant to section 4 of Executive Order No. 12984 (issued December 28, 1995) [5 U.S.C. 5332 note], in elements of compensation of members of the uniformed services pursuant to section 1009 of title 37, United States Code, is hereby rescinded.

“(b) Increase in Basic Pay and BAS.—The rates of basic pay and basic allowance for subsistence of members of the uniformed services, as in effect on December 31, 1995, are hereby increased by 2.4 percent.

“(c) Increase in BAQ.—The rates of basic allowance for quarters of members of the uniformed services, as in effect on December 31, 1995, are hereby increased by 5.2 percent.

“(d) Effective Date.—This section shall take effect as of January 1, 1996.”

Military Pay Raise for Fiscal Year 1995

Pub. L. 103–337, div. A, title VI, §601(a), (b), Oct. 5, 1994, 108 Stat. 2779, provided that:

“(a) Waiver of Section 1009 Adjustment.—Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1995 shall not be made.

“(b) Increase in Basic Pay, BAS, and BAQ.—Effective on January 1, 1995, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 2.6 percent.”

Military Pay Raise for Fiscal Year 1994

Pub. L. 103–160, div. A, title VI, §601, Nov. 30, 1993, 107 Stat. 1677, provided that:

“(a) Waiver of Section 1009 Adjustment.—Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1994 shall not be made.

“(b) Increase in Basic Pay, BAS, and BAQ.—Effective on January 1, 1994, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 2.2 percent.”

Military Pay Raise for Fiscal Year 1993

Pub. L. 102–484, div. A, title VI, §601, Oct. 23, 1992, 106 Stat. 2420, provided that:

“(a) Waiver of Section 1009 Adjustment.—Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1993 shall not be made.

“(b) Increase in Basic Pay, BAS, and BAQ.—Effective on January 1, 1993, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 3.7 percent.”

Rate of Basic Pay Applicable to Certain Members With Over 24 Years of Service

Pub. L. 102–484, div. D, title XLIV, §4402, Oct. 23, 1992, 106 Stat. 2701, as amended by Pub. L. 103–160, div. A, title VI, §602(a), (b)(1), Nov. 30, 1993, 107 Stat. 1678, provided that:

“(a) Rate of Basic Pay.—Subject to subsection (b), the rate of monthly basic pay for a member of the uniformed services who is entitled to such pay under section 204 of title 37, United States Code, is in pay grade E–7, E–8, E–9, W–4, W–5, or O–6, and has over 24, but under 26, years of service (as computed under section 205 of such title) shall be as set forth in the following table:

“(b) Application of Pay Rate.—The rates of monthly basic pay established under subsection (a) shall be effective for months beginning after December 31, 1992.

“(c) Adjustments of Compensation.—The rates of monthly basic pay established under subsection (a) shall be adjusted in accordance with section 1009 of title 37, United States Code, or other applicable provision of law, except that the increase in the rates of basic pay made by section 601(b) [set out above] shall not apply to the rates established under subsection (a).”

Military Pay Raise for Fiscal Year 1992

Pub. L. 102–190, div. A, title VI, §601, Dec. 5, 1991, 105 Stat. 1372, provided that:

“(a) Waiver of Section 1009 Adjustment.—Any adjustment required by section 1009 of title 37, United States Code, in elements of compensation of members of the uniformed services to become effective during fiscal year 1992 shall not be made.

“(b) Increase in Basic Pay, BAS, and BAQ.—Effective on January 1, 1992, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters of members of the uniformed services are increased by 4.2 percent.”

Rates of Pay and Allowances for Chief Warrant Officers

Pub. L. 102–190, div. A, title XI, §1111(c), Dec. 5, 1991, 105 Stat. 1491, provided that: “A warrant officer who holds the grade of Chief Warrant Officer, W–5, is entitled to pay and allowances at the monthly rates as follows: