Holland E. Bynam - Page 5




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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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