This change to the US code for FY 2009 is already being discussed over at
www.aptap.org, but I believe it adds to this discussion as well. Long story short beginning on October 1st 2008 officers reappointed in a lower grade receive save-pay. This 'should' apply to DCA's, it already applies to CW3 and some CW2 types who made more at that grade than they do as an O1E. Regardless of pay sardaddy is correct the USCG is a heck of a deal!
The first part of this is about CWO’s Please read the last part Sec 606 and Sec 907. Very interesting!
H.R.5658 National Defense Authorization Act for Fiscal Year 2009 (passed)
http://www.govtrack.us/congress/billtex ... =h110-5658 Portions specifically mentioning warrant officers; see H.R.5658 for details: "SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR REGULAR WARRANT OFFICERS FOR LENGTH OF SERVICE. Section 1305(a) of title 10, United States Code, is amended-- (1) by striking `A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him' and inserting `(1) A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer'; and (2) by adding at the end the following new paragraph: `(2) In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer.'. SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMISSIONS AND WARRANTS. (b) Posthumous Warrants- Section 1522(a) of such title is amended (1) by striking `in line of duty'; and (2) by adding at the end the following new subsection: `(c) A warrant issued under subsection (a) in connection with the promotion of a deceased member to a higher grade shall require a finding by the Secretary of the military department concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.'. SEC. 606. STABILIZATION OF PAY AND ALLOWANCES FOR SENIOR ENLISTED MEMBERS AND WARRANT OFFICERS APPOINTED AS OFFICERS AND OFFICERS REAPPOINTED IN A LOWER GRADE. (a) In General- Section 907 of title 37, United States Code, is amended to read as follows: `Sec. 907. Members appointed or reappointed as officers: no reduction in pay and allowances"
SEC. 606. STABILIZATION OF PAY AND ALLOWANCES FOR SENIOR ENLISTED MEMBERS AND WARRANT OFFICERS APPOINTED AS OFFICERS AND OFFICERS REAPPOINTED IN A LOWER GRADE.
(a) In General- Section 907 of title 37, United States Code, is amended to read as follows:
`Sec. 907. Members appointed or reappointed as officers: no reduction in pay and allowances
`(a) Stabilization of Pay and Allowances- A member of the armed forces who accepts an appointment or reappointment as an officer without a break in service shall, for service as an officer, be paid the greater of--
`(1) the pay and allowances to which the officer is entitled as an officer; or
`(2) the pay and allowances to which the officer would be entitled if the officer were in the last grade the officer held before the appointment or reappointment as an officer.
`(b) Covered Pays- (1) Subject to paragraphs (2) and (3), for the purposes of this section, the pay of a grade formerly held by an officer described in subsection (a) include special and incentive pays under chapter 5 of this title.
`(2) In determining the amount of the pay of a grade formerly held by an officer, special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade.
`(3) Special and incentive pays that are dependent on a member being in an enlisted status may not be considered in determining the amount of the pay of a grade formerly held by an officer.
`(c) Covered Allowances- (1) Subject to paragraph (2), for the purposes of this section, the allowances of a grade formerly held by an officer described in subsection (a) include allowances under chapter 7 of this title.
`(2) The clothing allowance under section 418 of this title may not be considered in determining the amount of the allowances of a grade formerly held by an officer described in subsection (a) if the officer is entitled to a uniform allowance under section 415 of this title.
`(d) Rates of Pay and Allowances- For the purposes of this section, the rates of pay and allowances of a grade that an officer formerly held are those rates that the officer would be entitled to had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title or other provisions of law.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 907 and inserting the following new item:
`907. Members appointed or reappointed as officers: no reduction in pay and allowances.'.
