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37 U.S.C. § 305a — Special pay: career sea pay

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 305a — Special pay: career sea pay

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Source file: Laws/federal/codes/united-states-code/title-37/section-305a-special-pay-career-sea-pay--154e7f5ebd.md
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Source location: Title 37, Chapter 5, § 305a; chapter-005-special-and-incentive-pays.md

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**(a) Availability of Special Pay.—** A member of a uniformed service who is entitled to basic pay is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b). **(b) Rates; Maximum.—** The Secretary concerned shall prescribe the monthly rates for special pay applicable to members of each armed force under the Secretary’s jurisdiction. No monthly rate may exceed $750. **(c) Premium.—** A member of a uniformed service entitled to career sea pay under this section who has served 36 consecutive months of sea duty is also entitled to a career sea pay premium for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. The monthly amount of the premium shall be prescribed by the Secretary concerned, but may not exceed $350. **(d) Regulations.—** The Secretary concerned shall prescribe regulations for the administration of this section for the armed force or armed forces under the jurisdiction of the Secretary. The entitlements under this section shall be subject to the regulations. **(e) Definition of Sea Duty.—** (1) In this section, the term “sea duty” means duty performed by a member— (A) while permanently or temporarily assigned to a ship and— (i) while serving on a ship the primary mission of which is accomplished while under way; (ii) while serving as a member of the off-crew of a two-crewed submarine; (iii) while serving as a member of a tender-class ship (with the hull classification of submarine or destroyer); or (iv) while serving as an off-cycle crewmember of a multi-crewed ship; or (B) while permanently or temporarily assigned to a ship and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport. (2) The Secretary concerned may designate duty performed by a member while serving on a ship the primary mission of which is accomplished either while under way or in port as “sea duty” for purposes of this section, even though the duty is performed while the member is permanently or temporarily assigned to a ship-based staff or other unit not covered by paragraph (1). (3) For the purpose of determining the years of sea duty with which a member may be credited for purposes of this section, the term “sea duty” also includes duty performed after December 31, 1988, by a member while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship on which the member would be entitled, during a period that the ship is away from its homeport, to receive sea pay by reason of paragraph (1)(B). (4) A ship shall be considered to be away from its homeport for purposes of this subsection when it is— (A) at sea; or (B) in a port that is more than 50 miles from its homeport.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 521 — Authority to prescribe total strengths of officers on active duty and officer strengths in various categories

**(a)** Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W–5, for each of the armed forces under the jurisdiction of the Secretary of a military department. **(b)** Under regulations prescribed by the Secretary of Defense, the Secretary of each military department may, for an armed force under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 521

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 307 — Special pay: special duty assignment pay for enlisted members

**(a)** An enlisted member who is entitled to basic pay and is performing duties which have been designated under subsection (b) as extremely difficult or as involving an unusual degree of responsibility in a military skill may, in addition to other pay or allowances to which he is entitled, be paid special duty assignment pay at a monthly rate not to exceed $600. **(b)** The Secretary concerned shall determine which enlisted members under his jurisdiction are to be paid special duty assignment pay under subsection (a). He shall also designate those skills within each armed force under his jurisdiction for which special duty assignment pay is authorized and shall prescribe the criteria under which members of that armed force are eligible for special duty assignment pay in each skill. He may increase, decrease, or abolish such pay for any skill. **(c)** This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy. **(d)** (1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when an enlisted member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) performs duty for which a member described in subsection (a) is entitled to special pay under such subsection, the member of the National Guard or reserve component is entitled to an increase in compensation equal to 1⁄30 of the monthly special duty assignment pay prescribed by the Secretar

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 307

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 305 — Special pay: hardship duty pay

**(a) Special Pay Authorized.—** A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is designated by the Secretary of Defense as hardship duty. **(b) Payment on Monthly or Lump Sum Basis.—** Special pay payable under this section may be paid on a monthly basis or in a lump sum. **(c) Maximum Rate or Amount.—** (1) The monthly rate of special pay payable to a member under this section may not exceed $1,500. (2) The amount of the lump sum payment of special pay payable to a member under this section may not exceed the product of— (A) the maximum monthly rate in effect under paragraph (1) at the time the member qualifies for payment of special pay under this section; and (B) the number of months during which the member will be performing the designated hardship duty. **(d) Relationship to Other Pay and Allowances.—** Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. **(e) Repayment.—** A member who is paid special pay in a lump sum under this section, but who fails to perform the designated hardship duty during the months included in the calculation of the amount of the lump sum under subsection (c)(2), shall be subject to the repayment provisions of [section 303a(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section303a/e&num=0&edition=prelim). **(f) Regulations.—** The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific monthly rates at which the special pay will be available.

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 305

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 907 — Enlisted members and warrant officers appointed as officers: pay and allowances stabilized

**(a)** An enlisted member who accepts an appointment as an officer shall, for service as an officer, be paid the greater of— (1) the pay and allowances to which the officer is entitled as an officer; or (2) the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer. **(b)** A warrant officer who accepts an appointment as a commissioned officer in a pay grade above W–4 shall, for service as such a commissioned officer, be paid the greater of— (1) the pay and allowances to which the officer is entitled as such a commissioned officer; (2) the pay and allowances to which the officer would be entitled if the officer were in the last warrant officer grade the officer held before the appointment as such a commissioned officer; or (3) in the case of an officer who was formerly an enlisted member, the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer. **(c)** For the purposes of this section— (1) the pay and allowances of a grade formerly held by an officer include— (A) subject to subsection (d), special and incentive pays under chapter 5 of this title; and (B) subject to subsection (e), allowances under chapter 7 of this title; and (2) the rates of pay and allowances of a grade which an officer formerly held are those to which the officer would have been entitled had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title. **(d)** (1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 907

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 305a — Special pay: career sea pay

Page 77 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 305a Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–485, title VIII, § 804(b)(3), Oct. 20, 1978, 92 Stat. 1621, provided that: ‘‘The amendments made by this subsection [amending this section] shall take ef- fect on October 1, 1978.’’ EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of this title. SAVINGS PROVISION Pub. L. 88–132, § 12(b), Oct. 2, 1963, 77 Stat. 218, pro- vided that: ‘‘Notwithstanding subsection (a) [amending this section], an enlisted member who, on the day be- fore the effective date of this Act [Oct. 1, 1963], was per- manently assigned to duty at a place outside the United States or in Alaska or Hawaii, shall, during the remaining period of that assignment, but not after that place is designated for the purpose of section 305(a)(2) of title 37, United States Code, be paid the basic pay to which he was entitled on that date plus special pay under section 305 of title 37, United States Code, when- ever qualified thereunder as that section was in effect on the day before the effective date of this Act, if the total of that basic pay and that special pay is more than the basic pay to which he would otherwise be enti- tled during that period under section 2 of this Act [amending section 203 of this title].’’ TRANSITION PROVISION Pub. L. 105–85, div. A, title VI,

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 305a

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