- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011