bouspret writes:

Does anyone know how the National Defense Authorization Act (NDAA) will affect prior service officers on HPSP? The way I read it, it appears that I would receive my base pay during my entire medical school. It's less than USUHS, because I wouldn't get BAH, or BAS. Someone said it's only for the 45 days actice duty a year, but I can't find that in the language of the law for title 10 US code:

SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE OF MEMBERS IN UNIFORMED MEDICAL ACCESSION PROGRAMS.

(a) MEDICAL STUDENTS OF USUHS.-

(1) TREATMENT OF STUDENTS WITH PRIOR ACTIVE SERVICE.- Section 2114 of title 10, United States Code, is amended-

(A) by redesignating subsections (c) through (h) as subsections

(d) through (i), respectively; and

(B) in subsection (b)-

(i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

(ii) by inserting after the second sentence the following new paragraph:

‘‘(2) If a member of the uniformed services selected to be a student has prior active service in a pay grade and with years of service credited for pay that would entitle the member, if the member remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the member shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the member shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the member shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after graduation, on which the basic pay for the member in the member’s actual grade and years of service credited for pay exceeds the amount of basic pay to which the member is entitled based on the member’s former grade and years of service.’’.

(2) CONFORMING AMENDMENTS.-Such section is further

amended-

(A) in subsection (b), by striking ‘‘Upon graduation they’’ and inserting the following:

‘‘(c) Medical students who graduate’’; and

(B) in subsection (i), as redesignated by paragraph (1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’.

(b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.-Section 2121(c) of such title is

amended-

(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) If a member of the uniformed services selected to participate in the program as a medical student has prior active service in a pay grade and with years of service credited for pay that would entitle the member, if the member remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the member shall VerDate Aug 31 2005 04:52 Dec 09, 2007 Jkt 038809 PO 00000 Frm 00134 Fmt 6659 Sfmt 6603 E:\HR\OC\HR477.XXX HR477 bajohnson on PROD1PC69 with HEARING

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be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the member shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the member shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after the conclusion of such participation, on which the basic pay for the member in the member’s actual grade and years of service credited for pay exceeds the amount of basic pay to which the member is entitled based on the member’s former grade and years of service.’’.

(c) OFFICERS DETAILED AS STUDENTS AT MEDICAL SCHOOLS.-

(1) APPOINTMENT AND TREATMENT OF PRIOR ACTIVE SERVICE.- Section 2004a of such title is amended-

(A) by redesignating subsections (e) through (h) as subsections

(f) through (i), respectively; and

(B) by inserting after subsection (d) the following new

subsection:

‘‘(e) APPOINTMENT AND TREATMENT OF PRIOR ACTIVE SERVICE.-(

1) A commissioned officer detailed as a student at a medical school under subsection (a) shall be appointed as a regular officer in the grade of second lieutenant or ensign and shall serve on active duty in that grade with full pay and allowances of that grade.

‘‘(2) If an officer detailed to be a medical student has prior active service in a pay grade and with years of service credited for pay that would entitle the officer, if the officer remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the officer shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the officer shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the officer shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after graduation, on which the basic pay for the officer in the officer’s actual grade and years of service credited for pay exceeds the amount of basic pay to which the officer is entitled based on the officer’s former grade and years of service.’’.

(2) TECHNICAL AMENDMENT.-Subsection (c) of such section is amended by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (b)’’.

SEC. 525. REPEAL OF POST-2007-2008