Holland E. Bynam - Page 4




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               member by the institution for any period, up to a                      
               maximum of one-half of the difference between the                      
               member's retired or retainer pay for that period and                   
               the active duty pay and the allowances which the member                
               would have received for that period if on active duty.                 
               Notwithstanding the limitation in the preceding                        
               sentence, the Secretary concerned may pay to the                       
               institution more than one-half of the additional amount                
               paid to the retired member by the institution if (as                   
               determined by the Secretary) the institution is in an                  
               educationally and economically deprived area and the                   
               Secretary determines that such action is in the                        
               national interest.  Payments by the Secretary concerned                
               under this paragraph shall be made from funds                          
               appropriated for that purpose.                                         

               (2) Notwithstanding any other provision of law, such a                 
               retired member is not, while so employed, considered to                
               be on active duty or inactive duty training for any                    
               purpose.                                                               

               In implementing the statute, the Department of Defense (DOD)           
          has issued directives specifying the manner in which retired                
          officers who serve as JROTC instructors are to be compensated by            
          the employing school district.  In this regard, paragraph 1.3 of            
          Enclosure 2 of DOD Instruction Number 1205.13 (Dec. 26, 1995)3              
          provides that secondary schools participating in the JROTC                  
          program will pay retired officers in accordance with the                    
          following procedures:                                                       
                    The [secondary educational] institution is the                    
               employing agency and shall pay the full amount due the                 
               JROTC instructor.  The JROTC instructor shall receive                  
               retired or retainer pay from the U.S. Government.                      

                    The amount due from the institution is the amount                 
               equal to the difference between retired or retainer pay                


               3  The parties stipulated to the applicability of this                 
          directive to the year in issue.                                             




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