Page:United States Statutes at Large Volume 102 Part 2.djvu/981

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-456—SEPT. 29, 1988

102 STAT. 1985

"(h)(1) A member of a reserve component of a uniformed service who is physically able to perform his military duties, is entitled, upon request, to a portion of the monthly pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for each month for which the member demonstrates a loss of earned income from nonmilitary employment or self-employment as a result of an injury, illness, or disease incurred or aggravated— "(A) in line of duty while performing active duty; "(B) in line of duty while performing inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance in an inactive status at an educational institution under the sponsorship of an armed force or the Public Health Service); or "(C) while traveling directly to or from such duty or training. "(2) The monthly entitlement may not exceed the member's demonstrated loss of earned income from nonmilitary or self-employment. In calculating such loss of income, income from an income protection plan, vacation pay, or sick leave which the member elects to receive shall be considered.". (b) LIMIT ON TOTAL COMPENSATION.—Such section is

further

amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection (i): "(i)(1) The total amount of pay and allowances paid under subsections (g) and (h) and compensation paid under section 206(a) of this title for any period may not exceed the amount of pay and allowances provided by law or regulation for a member of a regular component of a uniformed service of corresponding grade and length of service for that period. "(2) Pay and allowances may not be paid under subsection (g) or (h) for a period of more than six months. The Secretary concerned may extend such period in any case if the Secretary determines that it is in the interests of fairness and equity to do so. "(3) A member is not entitled to benefits under subsection (g) or (h) if the injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member. "(4) Regulations with respect to procedures for paying pay and Regulations. allowances under subsections (g) and (h) shall be prescribed— "(A) by the Secretary of Defense for the armed forces under the jurisdiction of the Secretary; and "(B) by the Secretary of Transportation for the Coast Guard when the Coast Guard is not operating as a service in the Navy.". (c) CONFORMING AMENDMENT FOR INACTIVE-DUTY TRAINING.—Sec-

tion 206(a) of such title is amended by striking out "for a period of 30 days or less" in paragraph (3)(A)(i). (d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to persons who, after the date of enactment of this Act, incur or aggravate an injury, illness, or disease, or who die as the result of incurring or aggravating an injury, illness, or disease. SEC. 632. TRAVEL FOR DEPENDENTS OF CERTAIN MEMBERS

(a) TRAVEL AUTHORIZED.—Parsigraph (2) of section 411h(a) of title 37, United States Code, is amended to read as follows:

37 USC 206. 37 USC 204 note.