---
kind: "section"
citation: "37 U.S.C. § 909"
title: "37"
title_heading: "Pay and Allowances of the Uniformed Services"
number: "909"
heading: "Special and incentive pay: payment at unreduced rates during suspension of personnel laws"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/37/909"
units:
  - "Chapter 17 — Miscellaneous Rights and Benefits"
---

# §909. Special and incentive pay: payment at unreduced rates during suspension of personnel laws

- (a) **Authority To Continue Payment at Unreduced Rates.—** To ensure fairness and recognize the contributions of [members](/usc/37/101.md?p=23) of the [armed forces](/usc/37/101.md?p=4) to military essential missions, the Secretary of the military department concerned may authorize [members](/usc/37/101.md?p=23) who are involuntarily retained on [active duty](/usc/37/101.md?p=18) under section [123](/usc/10/123.md) or [12305](/usc/10/12305.md) of title 10 or any other provision of law and who, immediately before retention on [active duty](/usc/37/101.md?p=18), were entitled or eligible for special [pay](/usc/37/101.md?p=21) or incentive [pay](/usc/37/101.md?p=21) under [chapter 5](/usc/37/chch5.md) of this title, to receive that special [pay](/usc/37/101.md?p=21) or incentive [pay](/usc/37/101.md?p=21) for qualifying service performed during the retention period, without a reduction in the payment rate below the rate the [members](/usc/37/101.md?p=23) received immediately before retention on [active duty](/usc/37/101.md?p=18), notwithstanding any requirement otherwise applicable to that special [pay](/usc/37/101.md?p=21) or incentive [pay](/usc/37/101.md?p=21) that would reduce the payment rate by reason of the years of service of the [members](/usc/37/101.md?p=23).
- (b) **Suspension During Time of War.—** [Subsection (a)](#a) does not apply with respect to a special [pay](/usc/37/101.md?p=21) or incentive [pay](/usc/37/101.md?p=21) under [chapter 5](/usc/37/chch5.md) of this title, whenever the authority to provide that special [pay](/usc/37/101.md?p=21) or incentive [pay](/usc/37/101.md?p=21) is suspended by the President or the Secretary of Defense during a time of war.
- (c) **Qualifying Service Defined.—** In this section, the term “qualifying service” means service for which a particular special [pay](/usc/37/101.md?p=21) or incentive [pay](/usc/37/101.md?p=21) is payable under the authority of a provision of [chapter 5](/usc/37/chch5.md) of this title.

## Source credit

(Added Pub. L. 107–107, div. A, title VI, § 623(a)(1), Dec. 28, 2001, 115 Stat. 1142.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 107–107, div. A, title VI, § 623(b), Dec. 28, 2001, 115 Stat. 1143, provided that: “Section 909 of title 37, United States Code, as added by subsection (a)(1), shall apply with respect to pay periods beginning after September 11, 2001.”