In subsection (a), the word "officer" is substituted for the words "commissioned officer or warrant officer", in section 32(b) of existing title 37. The words "persons may be treated as parents for the purposes of this clause" are substituted for the words "parents may receive the benefits provided under said sections" in section 32(e) of existing title 37.

In subsections (b)–(d) and (f), the word "payment" is substituted for the word "settlement".

In subsection (b), the words "in pay grade E–9, E–8, E–7, E–6, or E–5 with dependents, an allowance computed at the rate of $1.25 a day for quarters" are substituted for the words "the allowances as provided for such enlisted persons in subsection (a)". The words "after August 31, 1946" are omitted as executed. The word "basic" is substituted for the words "base and longevity" to reflect current terminology.

In subsection (c), the word "accrued" is inserted to conform to subsection (b). The words "and compensated for in cash" are omitted as surplusage.

In subsection (d), the words "and compensation" and "of the Armed Forces" are omitted as surplusage. The words "before he receives" are substituted for the words "without having received".

In subsection (f), the words "cash" and "unused or accumulated" are omitted as surplusage. The words "subsequent to August 31, 1946" are omitted as executed.

In subsection (g), the word "retirement" is omitted as covered by the words "separation or release from active duty". The words "under this subsection" are substituted for the words "for such unused leave". The word "appointment" is substituted for the word "commission".

Amendments

2013—Subsec. (a)(5). Pub. L. 112–239 substituted "a reserve component" for "a reserve a component".

2011—Subsec. (a)(4), (5). Pub. L. 111–383 added pars. (4) and (5).

2008—Subsec. (b)(6). Pub. L. 110–181 added par. (6).

2001—Subsec. (b)(5)(D). Pub. L. 107–107 added subpar. (D).

1999—Subsec. (a)(1). Pub. L. 106–65, §671(1), inserted ", termination of an enlistment in conjunction with the commencement of a successive enlistment (without regard to the date of the expiration of the term of the enlistment being terminated)," after "honorable conditions".

Subsec. (b)(2). Pub. L. 106–65, §671(2), struck out ", or entering into an enlistment," after "or a warrant".

1996—Subsec. (d)(1). Pub. L. 104–106, §641(a)(1), struck out at end "Except as provided in paragraph (2), the number of days upon which payment is based is subject to subsection (f)."

Subsec. (d)(2). Pub. L. 104–106, §641(a)(2), added par. (2) and struck out former par. (2) which read as follows: "In the case of a member of the uniformed services who dies as a result of an injury or illness incurred while serving on active duty in support of a contingency operation, the limitations in the second sentence of subsection (b)(3), subsection (f), and the second sentence of subsection (g) shall not apply with respect to a payment made under this subsection for leave accrued during the contingency operation."

Subsec. (f). Pub. L. 104–106, §641(b), struck out ", (d)," before "or (g) is based".

1991—Subsec. (b)(5). Pub. L. 102–190, §637(b), added par. (5).

Subsec. (c). Pub. L. 102–25, §702(b)(1), struck out "of this section" after "subsection (b)".

Subsec. (d). Pub. L. 102–190, §637(a), designated existing provisions as par. (1), substituted "Except as provided in paragraph (2)," for "However,", and added par. (2).

Pub. L. 102–25, §702(b)(1), struck out "of this section" after "subsections (b) and (g)" in two places.

Subsec. (f). Pub. L. 102–25, §702(b)(1), struck out "of this section" after "subsection (b), (d), or (g)".

1987—Subsec. (a). Pub. L. 100–26, §8(e)(6), inserted "the term" after "In this section,".

Subsec. (g). Pub. L. 100–26, §8(e)(9), inserted "the term" before " 'accumulated annual leave' " and " 'accrued annual leave' ".

1985—Subsecs. (b)(3), (f). Pub. L. 99–145 substituted "February 9, 1976" for "September 1, 1976".

1984—Subsec. (e). Pub. L. 98–525, §606(a), designated existing provisions as par. (1) and added par. (2).

1980—Subsec. (b)(3). Pub. L. 96–513, §516(14)(A), substituted "September 1, 1976" for "the first day of the second calendar month following the month in which the Department of Defense Appropriation Authorization Act, 1977, was enacted".

Subsec. (d). Pub. L. 96–513, §516(14)(B), substituted "unused" for "unusued".

Subsec. (f). Pub. L. 96–513, §516(14)(A), (C), substituted "September 1, 1976" for "the first day of the second calendar month following the month in which the Department of Defense Appropriation Authorization Act, 1977, was enacted", and inserted "of this section" after "(g)".

Subsec. (g). Pub. L. 96–513, §516(14)(C), substituted "Secretary of Health and Human Services" for "Surgeon General".

1976—Subsec. (a). Pub. L. 94–361, §304(a), (b), struck out cl. (1) designation for existing provisions, made definition applicable to the section rather than to subsecs. (b) to (f) of this section, and redesignated as cls. (1), (2), and (3) former subcls. (A), (B), and (C); and struck out former cls. (2), (3), and (4) defining "child", "parent", and "brother or sister", respectively.

Subsec. (b). Pub. L. 94–361, §304(c), in revising text, incorporated in provisions designated par. (1) provisions of former first and second sentences for payments for unused accrued leave of officers and enlisted members, striking out consideration of allowances to officers and of allowances to enlisted members computed at rate of 70 cents a day for subsistence and of allowance to enlisted members in pay grades E–9 through E–5 with dependents at rate of $1.25 for quarters, and substituting "National Oceanic and Atmospheric Administration" for "Environmental Science Services Administration"; incorporated in par. (2) provisions of item (1) of former third sentence, substituting "in any uniformed service" for "in his armed force"; incorporated in par. (3) provisions of item (2) of former third sentence, substituting "in any uniformed service" for "in his armed force" and inserting provisions for payment for leave not carried over to a new enlistment and prescribing number of days of leave for which payment may be made; and designated last (the fourth) sentence as par. (4), substituting "within any uniformed service" for "within his armed force".

Subsec. (d). Pub. L. 94–361, §304(d), substituted provision making the number of days upon which payment is based subject to subsec. (f) for provision limiting to not more than 60 the number of days upon which the payment is based.

Subsec. (e). Pub. L. 94–361, §304(e), substituted "National Oceanic and Atmospheric Administration" for "Environmental Science Services Administration".

Subsec. (f). Pub. L. 94–361, §304(f), added subsec. (f). Former subsec. (f), prohibiting payment for leave in excess of 60 days upon discharge or retirement, was struck out.

Subsec. (g). Pub. L. 94–361, §304(g), substituted provision making the number of days upon which the lump-sum payment is based subject to subsec. (f) for provision limiting to not more than 60 the number of days upon which the lump-sum payment is based.

1972—Subsec. (d). Pub. L. 92–596, §2(1), inserted reference to accumulated leave under subsection (h) of this section.

Subsec. (h). Pub. L. 92–596, §2(2), added subsec. (h).

1966—Subsecs. (b), (e). Pub. L. 89–718, §49(a)(1), substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey".

Subsec. (d). Pub. L. 89–718, §65, substituted "60" for "sixty".

1965—Subsec. (a)(1). Pub. L. 89–151, §1, added subpar. (C).

Subsec. (d). Pub. L. 89–151, §2, included members who die while on active service and payments for unused accrued leave of members of the Public Health Service, substituted provisions referring to section 2771 of title 10 to find the mode of payment for provision spelling out the mode of payment in detail, omitted provisions prohibiting payment under this section in the event of no survivor and making valid any payments to survivors between the ages of 17 and 21, and inserted provisions basing payment for unused leave in the event of members dying while on active duty upon accrued leave carried forward into the year plus leave accruing during the year with a limit of 60 days.

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 402(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VI, §651(b), Dec. 28, 2001, 115 Stat. 1153, provided that: "Subparagraph (D) of section 501(b)(5) of title 37, United States Code, as added by subsection (a)(3), shall apply with respect to periods of active duty beginning on or after October 1, 2001."

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, §606(b), Oct. 19, 1984, 98 Stat. 2538, provided that: "The amendments made by subsection (a) [amending this section] shall apply in the case of members of the uniformed service (as defined in section 101(3) of title 37, United States Code) who enlist or are commissioned on or after the date of the enactment of this Act [Oct. 19, 1984]."

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 of 1972 Amendment

Amendment by Pub. L. 92–596 effective Feb. 28, 1961, see section 3 of Pub. L. 92–596, set out as a note under section 701 of Title 10, Armed Forces.

Effective Date of 1965 Amendment

Pub. L. 89–151, §4, Aug. 28, 1965, 79 Stat. 586, provided that: "This Act [amending this section and section 701 of Title 10, Armed Forces] applies only in the case of members who die on or after the date of enactment [Aug. 28, 1965]."

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, set out as a note under section 542 of Title 6.

Treatment of Accumulated Leave in Connection With Active Duty During Persian Gulf Conflict

Pub. L. 102–25, title III, §309(a), Apr. 6, 1991, 105 Stat. 83, provided that: "In the case of a member of the uniformed services who dies as a result of an injury or illness incurred while serving on active duty during the Persian Gulf conflict, the limitation in the second sentence of subsection (b)(3) of section 501 of title 37, United States Code, and in subsection (f) of that section shall not apply with respect to a payment made pursuant to subsection (d) of that section for leave accrued during fiscal year 1990 or 1991."

Pub. L. 101–510, div. A, title XI, §1115, Nov. 5, 1990, 104 Stat. 1636, as amended by Pub. L. 102–25, title III, §§309(b), 314(1), (3), Apr. 6, 1991, 105 Stat. 83, 86, provided that:

"(a) Inapplicability of Eligibility Limitation.—The limitation in the second sentence of subsection (b)(3) of section 501 of title 37, United States Code, and in subsection (f) of that section does not apply with respect to the following leave:

"(1) Leave accrued by a member of a reserve component of the Armed Forces while serving on active duty (other than for training) in connection with the Persian Gulf conflict pursuant to an order to active duty authorized under section 672, 673, 673b, or 674 [now 12301, 12302, 12304, or 12306] of title 10, United States Code.

"(2) Leave accrued by a member of the Armed Forces in the Retired Reserve while serving on active duty in connection with the Persian Gulf conflict pursuant to an order to active duty authorized by section 675 [now 12307] of title 10, United States Code.

"(3) Leave accrued by a retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, a member of the Retired Reserve, or a member of the Fleet Reserve or Fleet Marine Corps Reserve while such retired member or member, as the case may be, is serving on active duty in connection with the Persian Gulf conflict pursuant to an order to active duty authorized by section 688 of title 10, United States Code.

"(4) Leave accrued by a member referred to in paragraph (1), (2), or (3) while serving on active duty (other than for training) in connection with the Persian Gulf conflict pursuant to an order to such active duty issued with the consent of the member during a period in which members of the Armed Forces are being ordered to active duty in connection with such operation pursuant to a provision of title 10, United States Code, referred to in such paragraph.

"(b) Saving Provision for Certain Accrued Leave.—(1) Subject to paragraph (2), a member of the Armed Forces who, under section 701(f) of title 10, United States Code—

"(A) would lose any accumulated leave in excess of 60 days at the end of fiscal year 1991 shall be permitted to retain such leave until the end of fiscal year 1992; or

"(B) would lose any accumulated leave in excess of 60 days at the end of fiscal year 1992 (other than by reason of clause (A)) shall be permitted to retain such leave until the end of fiscal year 1993.

"(2) In no case may a member be permitted to accumulate leave under this section in excess of 90 days.

"(c) Regulations.—The Secretary of Defense shall prescribe regulations establishing standards and procedures for the administration of this section."

[Pub. L. 102–25, title III, §309(c), Apr. 6, 1991, 105 Stat. 83, provided that: "The amendment made by subsection (b) [amending section 1115(a) of Pub. L. 101–510, set out above] shall take effect as of November 5, 1990."]

Options of Members as to Basis of Payment for Accrued Leave

Pub. L. 94–361, title III, §304(h), July 14, 1976, 90 Stat. 926, provided that: "Notwithstanding the provisions of section 501(b)(1) of title 37, United States Code, as amended by subsection (c), and subject to the limitations prescribed in section 501(b)(3) of such title, as amended by subsection (c), any leave accrued by any member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration prior to the first day of the second calendar month following the month [July, 1976] in which this section is enacted shall, at the option of such member, be paid for on the same basis such leave would have been paid for under the provisions of section 501(b) of title 37, United States Code, on the day prior to the first day of the second calendar month following the month in which this section is enacted".