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and the active duty pay and allowances that the JROTC
instructor would receive if ordered to active duty.
The institution shall be reimbursed for JROTC
instructor salaries at the rate of one-half the
difference of instructor retirement or retainer pay and
active duty pay and allowances. For calculating JROTC
instructor pay, “active duty pay and allowances” shall
be limited to basic pay, basic allowance for quarters,
allowance for variable housing (VHA), * * * and basic
allowance for subsistence. The level of active duty
pay and allowances, less retired or retainer pay, is
the minimum salary the institution shall pay JROTC
instructors. That should not be considered an attempt
to cap or limit the amount of pay that may be agreed
between the individual JROTC instructor and the
employer.
The institution may pay more than the amount equal
to the difference between retired or retainer pay and
individual active duty pay and allowance rate, but
shall do so without additional entitlement for
reimbursement from the Federal Government. * * *
Minimum JROTC Pay and Reimbursement to HISD
As illustrative of the foregoing provisions, the minimum
JROTC instructor pay that petitioner was entitled to receive from
HISD for the month of April 1998 was $3,929.44, and the amount of
reimbursement that HISD was entitled to receive from the Federal
Government for that same month was $1,964.72, determined as
follows:
Minimum JROTC instructor pay
Basic pay (active duty colonel) $6,461.70
Plus: Active duty allowances
Basic allowance for quarters (BAQ) 939.60
Basic allowance for subsistence (BAS) 155.70
Variable housing allowance (VHA) 327.44
Total active duty pay (colonel) 7,884.44
Less: retired pay rec’d. by petitioner -3,955.00
Minimum JROTC instructor pay 3,929.44
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