§ 907. Enlisted members and warrant officers appointed as officers: pay and allowances stabilized
(a)
An enlisted member who accepts an appointment as an officer 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 enlisted grade the officer held before the appointment as an officer.
(b)
A warrant officer who accepts an appointment as a commissioned officer in a pay grade above W–4 shall, for service as such a commissioned officer, be paid the greater of—
(1)
the pay and allowances to which the officer is entitled as such a commissioned officer;
(2)
the pay and allowances to which the officer would be entitled if the officer were in the last warrant officer grade the officer held before the appointment as such a commissioned officer; or
(3)
in the case of an officer who was formerly an enlisted member, the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer.
(c)
For the purposes of this section—
(1)
the pay and allowances of a grade formerly held by an officer include—
(A)
subject to subsection (d), special and incentive pays under chapter
5 of this title; and
(B)
subject to subsection (e), allowances under chapter
7 of this title; and
(2)
the rates of pay and allowances of a grade which an officer formerly held are those to which the officer would have been entitled 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.
(d)
(1)
In determining the amount of the pay and allowances of a grade formerly held by an officer, the following 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:
(A)
Incentive pay for hazardous duty under section
301 of this title.
(B)
Submarine duty incentive pay under section
301c of this title.
(C)
Special pay for diving duty under section
304 of this title.
(D)
Hardship duty pay under section
305 of this title.
(E)
Career sea pay under section
305a of this title.
(F)
Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section
305b of this title.
(G)
Assignment incentive pay under section
307a of this title.
(H)
Special pay for duty subject to hostile fire or imminent danger under section
310 of this title.
(I)
Special pay or bonus for an extension of duty at a designated overseas location under section
314 of this title.
(J)
Foreign language proficiency pay under section
316 of this title.
(K)
Critical skill retention bonus under section
323 of this title.
(2)
The following special and incentive pays are dependent on a member being in an enlisted status and may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer:
(A)
Special duty assignment pay under section
307 of this title.
(B)
Reenlistment bonus under section
308 of this title.
(C)
Enlistment bonus under section
309 of this title.
(D)
Career enlisted flyer incentive pay under section
320 of this title.
(e)
The clothing allowance under section
418 of this title may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer if the officer is entitled to a uniform allowance under section
415 of this title.
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