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Date
State
New Jersey
Category
Joint
Type Draft
New Resolution
State Association First Name
Daniel
State Association Last Name
Miller
Resolution No.
26
Item No
H
Fiscal Year
2028
State Association Email
State Association Phone Number
609-280-1616
Relating To
Enhancing the Army and Air National Guard by Providing Support for all Personnel Missions - Personnel Pay and Member Benefits
SME Email
SME Phone
609-280-1616
State Association Title
Legislative Lead
Proposal Statement
Amend 5 U.S.C. § 5538 to expand Reservist Differential eligibility to any federal civilian employee performing duty under Federal authority, including all forms of active duty, annual training, and professional military education, while excluding purely state-funded duty and long-term Active Guard Reserve tours.
Recommendation Information
Enacted as part of the National Defense Authorization Act for Fiscal Year 2009, 5 U.S.C. § 5538 was intended to ease financial burdens on federal civilian employees and technicians mobilized for military service by bridging the gap between their military and civilian salaries, known as the Reservist Differential. However, the statute narrowly applies to certain types of Title 10 orders and excludes Title 32 duty and critical training such as annual training and professional military education. This creates financial inequity, as dual-status employees often earn less than their civilian salary while performing federally mandated duty, but do not qualify for the differential. This discourages participation in events critical to military readiness and hurts retention. This proposal amends the statute to apply to all duty performed under federal authority. This change promotes fair treatment, supports DOD readiness goals by removing financial disincentives, and improves retention of talented personnel. It also simplifies administration by establishing a clear, comprehensive standard, reducing complexity and improving compliance.
