### §905. Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances

(a) A reserve officer who is promoted under chapter 1405 of title 10 to a grade above lieutenant (junior grade) in the Navy Reserve or above first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the grade to which promoted for duty performed from the date on which he becomes eligible for promotion to that grade.

(b) A reserve officer who is promoted under section 14308(b) of title 10 to the grade of lieutenant (junior grade) in the Navy Reserve or first lieutenant in the Marine Corps Reserve is entitled to the pay and allowances of the higher grade for duty performed from the date given him as his date of rank.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 488; Pub. L. 95–377, §9, Sept. 19, 1978, 92 Stat. 721; Pub. L. 96–513, title IV, §403(b), Dec. 12, 1980, 94 Stat. 2904; Pub. L. 103–337, div. A, title XVI, §1676(b)(3), Oct. 5, 1994, 108 Stat. 3019; Pub. L. 109–163, div. A, title V, §515(d)(1)(F), Jan. 6, 2006, 119 Stat. 3236.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 905(a) | 10:6141. | [None.] |
| 905(b) | 10:5907. | [None.] |
| 905(c) | 10:5908(a) (last sentence). | [None.] |
| 905(d) | 10:5788(c). | [None.] |
| 905(e) | 10:5787b(c). | [None.] |
| 905(f) | 10:5505(c). | [None.] |
| 905(g) | 10:5597(h) (last sentence). | [None.] |
| | 10:5597(i) (last 21 words). | [None.] |
| 905(h) | 10:5787(g) (last 21 words). | [None.] |
| | 10:5787(h) (last sentence). | [None.] |

#### **Editorial Notes**

#### Amendments

2006—Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve" in two places.

1994—Subsec. (a). Pub. L. 103–337, §1676(b)(3)(A), substituted "chapter 1405" for "chapter 549".

Subsec. (b). Pub. L. 103–337, §1676(b)(3)(B), substituted "section 14308(b)" for "section 5908".

1980—Pub. L. 96–513 substituted "Reserve officers of the Navy or Marine Corps not on the active-duty list: effective date of pay and allowances" for "Officers of Navy or Marine Corps not covered by section 904 of this title: effective date of beginning of pay and allowances" in section catchline, and generally revised and restructured section, and as part of such restructuring struck out former subsec. (a), redesignated former subsecs. (b) and (c) as subsecs. (a) and (b), respectively, and, in subsec. (a) as so redesignated, struck out second sentence which related to establishment of an officer's professional and moral qualifications, and struck out former subsecs. (d) to (h).

1978—Subsec. (h). Pub. L. 95–377 inserted reference to section 5787d.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

#### Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513, and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of Title 10, Armed Forces.