§ 433. — Allowance for muster duty.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC433]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 433. Allowance for muster duty
(a) Under uniform regulations prescribed by the Secretaries
concerned, a member of the Ready Reserve who is not a member of the
National Guard or of the Selected Reserve is entitled to an allowance
for muster duty performed pursuant to section 12319 of title 10 if the
member is engaged in that duty for at least two hours.
(b) The amount of the allowance under this section shall be 125
percent of the amount of the average per diem rate for the United States
(other than Alaska and Hawaii) under section 404(d)(2)(A) of this title
as in effect on September 30 of the year preceding the year in which the
muster duty is performed.
(c) The allowance authorized by this section may not be disbursed in
kind. The allowance may be paid to the member before, on, or after the
date on which the muster duty is performed, but not later than 30 days
after that date. The allowance shall constitute the single, flat-rate
monetary allowance authorized for the performance of muster duty and
shall constitute payment in full to the member, regardless of grade or
rank in which serving, as commutation for travel to the immediate
vicinity of the designated muster duty location, transportation,
subsistence, and the special or extraordinary costs of enforced absence
from home and civilian pursuits, including such absence on weekends and
holidays.
(d) A member who performs muster duty is not entitled to
compensation for inactive-duty training under section 206(a) of this
title for the same period.
(Added Pub. L. 101-189, div. A, title V, Sec. 502(b)(1), Nov. 29, 1989,
103 Stat. 1436; amended Pub. L. 101-510, div. A, title XIV,
Sec. 1484(h)(5), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 104-106, div. A,
title XV, Sec. 1501(d)(4)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 105-
85, div. A, title VI, Sec. 627, Nov. 18, 1997, 111 Stat. 1795.)
Amendments
1997--Subsec. (c). Pub. L. 105-85 struck out ``and shall be paid to
the member on or before the date on which the muster duty is performed''
after ``disbursed in kind'' in first sentence and inserted ``The
allowance may be paid to the member before, on, or after the date on
which the muster duty is performed, but not later than 30 days after
that date.'' after first sentence.
1996--Subsec. (a). Pub. L. 104-106 substituted ``section 12319 of
title 10'' for ``section 687 of title 10''.
1990--Subsec. (a). Pub. L. 101-510 substituted ``section 687 of
title 10'' for ``section 691 of title 10''.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-106 effective as if included in the Reserve
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set
out as a note under section 113 of Title 10, Armed Forces.
Effective Date of 1990 Amendment
Section 1484(h)(5) of Pub. L. 101-510 provided that the amendment
made by that section is effective as of Nov. 29, 1989.
