Page:United States Statutes at Large Volume 108 Part 4.djvu/146

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108 STAT. 2780 PUBLIC LAW 103-337—OCT. 5, 1994 establish the threshold percentage, except that the threshold percentage may not be less than 8 percent. The administering Secretaries shall prescribe a higher threshold percentage to be applied for a fiscal year when it is necessary to do so in order to ensure that the total amount of the pa3Tnents of the cost-of- living allowance made to members of the uniformed services under this section for such fiscal year does not exceed the total amount available to all uniformed services for that fiscal year for paying such allowance. "(d) AMOUNT OF ALLOWANCE. —The cost-of-living allowance that may be paid to a member for a high cost area for a fiscal year shall be the amount that is equal to the product of— "(1) the amount of the average spendable income determined applicable for the regular military compensation level of such member under subsection (g); and "(2) the percentage equal to the excess of— "(A) the percentage by which the uniformed services cost of living for the member's high cost area for the base period exceeds the average cost of living in the continental United States for such base period, over "(B) the threshold percentage applicable to such fiscal year under subsection (c). "(e) LIMITATION TO ONE ALLOWANCE.—I f primary dependents of a member reside separately in different high cost areas— "(1) the member may be paid only one cost-of-living allowance under this section; and "(2) the cost-of-living allowance payable to the member shall be the highest of the amounts computed under this section for such high cost areas. " (f) SERVICE NOT COVERED.—(1) A cost-of-living allowance may not be paid a member under this section for the days authorized for travel of the member in connection with a permanent change of duty station. "(2) A member of a reserve component is not eligible for a cost-of-living allowance under this section unless the member is on active duty under a call or order to active duty that— "(A) specifies a period of 140 days or more; or "(B) states that the call or order to active duty is in support of a contingency operation. "(g) AVERAGE SPENDABLE INCOME. — The Secretary of Defense shall determine, using a methodology and assumptions that the Secretary considers appropriate, the amounts of average spendable income of members of the uniformed services for various ranges of regular military compensation. For purposes of this subsection, spendable income is the total amount of regular military compensation that is available for purchase of goods and services after allocation of amounts for taxes, insurance, housing, gifts and contributions, and savings. "(h) JOINT REGULATIONS.— The Secretary of Defense and the other administering Secretaries shall jointly prescribe regulations to carry out this section. "(i) OTHER DEFINITIONS.— In this section: "(1) The term 'primary dependent', with respect to a member, means— "(A) the member's spouse; or