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37 U.S.C. § 320 — Incentive pay: career enlisted flyers

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

37 U.S.C. § 320 — Incentive pay: career enlisted flyers

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Source file: Laws/federal/codes/united-states-code/title-37/section-320-incentive-pay-career-enlisted-flyers--90cccba3a1.md
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Source location: Title 37, Chapter 5, § 320; chapter-005-special-and-incentive-pays.md

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**(a) Eligible Career Enlisted Flyer Defined.—** In this section, the term “eligible career enlisted flyer” means an enlisted member of the armed forces who— (1) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim), or is entitled to pay under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) as described in subsection (e) of this section; (2) holds an enlisted military occupational specialty or enlisted military rating designated as a career enlisted flyer specialty or rating by the Secretary concerned, performs duty as a dropsonde system operator, or is in training leading to qualification and designation of such a specialty or rating or the performance of such duty; (3) is qualified for aviation service under regulations prescribed by the Secretary concerned; and (4) satisfies the operational flying duty requirements applicable under subsection (c). **(b) Incentive Pay Authorized.—** (1) The Secretary concerned may pay monthly incentive pay to an eligible career enlisted flyer in an amount not to exceed the monthly maximum amounts specified in subsection (d). The incentive pay may be paid as continuous monthly incentive pay or on a month-to-month basis, dependent upon the operational flying duty performed by the eligible career enlisted flyer as prescribed in subsection (c). (2) Continuous monthly incentive pay may not be paid to an eligible career enlisted flyer after the member completes 25 years of aviation service. Thereafter, an eligible career enlisted flyer may still receive incentive pay on a month-to-month basis under subsection (c)(4) for the frequent and regular performance of operational flying duty. **(c) Operational Flying Duty Requirements.—** (1) An eligible career enlisted flyer must perform operational flying duties for 6 of the first 10, 9 of the first 15, and 14 of the first 20 years of aviation service, to be eligible for continuous monthly incentive pay under this section. (2) Upon completion of 10, 15, or 20 years of aviation service, an enlisted member who has not performed the minimum required operational flying duties specified in paragraph (1) during the prescribed period, although otherwise meeting the definition in subsection (a), may no longer be paid continuous monthly incentive pay except as provided in paragraph (3). Payment of continuous monthly incentive pay may be resumed if the member meets the minimum operational flying duty requirement upon completion of the next established period of aviation service. (3) For the needs of the service, the Secretary concerned may permit, on a case-by-case basis, a member to continue to receive continuous monthly incentive pay despite the member’s failure to perform the operational flying duty required during the first 10, 15, or 20 years of aviation service, but only if the member otherwise meets the definition in subsection (a) and has performed at least 5 years of operational flying duties during the first 10 years of aviation service, 8 years of operational flying duties during the first 15 years of aviation service, or 12 years of operational flying duty during the first 20 years of aviation service. The authority of the Secretary concerned under this paragraph may not be delegated below the level of the Service Personnel Chief. (4) If the eligibility of an eligible career enlisted flyer to continuous monthly incentive pay ceases under subsection (b)(2) or paragraph (2), the member may still receive month-to-month incentive pay for subsequent frequent and regular performance of operational flying duty. The rate payable is the same rate authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service. **(d) Monthly Maximum Rates.—** The monthly rate of any career enlisted flyer incentive pay paid under this section to a member on active duty shall be prescribed by the Secretary concerned, but may not exceed the following: Years of aviation serviceMonthly rate 4 or less$150 Over 4$225 Over 8$350 Over 14$400. **(e) Eligibility of Reserve Component Members When Performing Inactive Duty Training.—** Under regulations prescribed by the Secretary concerned, when a member of a reserve component or the National Guard, 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), meets the definition of eligible career enlisted flyer, the Secretary concerned may increase the member’s compensation by an amount equal to 1⁄30 of the monthly incentive pay authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service who is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim). The reserve component member may receive the increase for as long as the member is qualified for it, for each regular period of instruction or period of appropriate duty, at which the member is engaged for at least two hours, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under [section 206(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206/a&num=0&edition=prelim). **(f) Relation to Hazardous Duty Incentive Pay or Diving Duty Special Pay.—** A member receiving incentive pay under [section 301(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301/a&num=0&edition=prelim) or special pay under [section 304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section304&num=0&edition=prelim) may not be paid special pay under this section for the same period of service. **(g) Save Pay Provision.—** If, immediately before a member receives incentive pay under this section, the member was entitled to incentive pay under [section 301(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301/a&num=0&edition=prelim), the rate at which the member is paid incentive pay under this section shall be equal to the higher of the monthly amount applicable under subsection (d) or the rate of incentive pay the member was receiving under subsection (b) or (c)(2)(A) of [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301&num=0&edition=prelim). **(h) Specialty Code of Dropsonde System Operators.—** Within the Air Force, the Secretary of the Air Force shall assign to members who are dropsonde system operators a specialty code that identifies such members as serving in a weather specialty. **(i) Definitions.—** In this section: (1) The term “aviation service” means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible career enlisted flyer. (2) The term “operational flying duty” means flying performed under competent orders while serving in assignments, including an assignment as a dropsonde system operator, in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to the award of an enlisted aviation rating or military occupational specialty designated as a career enlisted flyer rating or specialty by the Secretary concerned.

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

37 U.S.C. § 301 — Incentive pay: hazardous duty

**(a)** Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term “hazardous duty” means duty— (1) involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under [section 301a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301a&num=0&edition=prelim); (2) involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1); (3) involving parachute jumping as an essential part of military duty; (4) involving the demolition of explosives as a primary duty, including training for that duty; (5) inside a high- or low-pressure chamber; (6) as a human acceleration or deceleration experimental subject; (7) as a human test subject in thermal stress experiments; (8) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched; (9) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria; (10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions); (11) involving regular participation as a member of a

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 301

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

37 U.S.C. § 204 — Entitlement

**(a)** The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim)— (1) a member of a uniformed service who is on active duty; and (2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32. **(b)** For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty. **(c)** (1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit. (2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph. (3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessa

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 204

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

37 U.S.C. § 206 — Reserves; members of National Guard; members of the Space Force: inactive-duty training

**(a)** Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard, a member of a reserve component of a uniformed service, or a member of the Space Force who is not entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim), is entitled to compensation, at the rate of 1⁄30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay— (1) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; (2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe; (3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated— (A) in line of duty while performing— (i) active duty; or (ii) inactive-duty training; (B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member); or (C) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or (4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 206

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

37 U.S.C. § 304 — Special pay: diving duty

**(a)** Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is entitled to basic pay is entitled to special pay, in the amount set forth in subsection (b), for periods during which the member— (1) is assigned by orders to the duty of diving; (2) is required to maintain proficiency as a diver by frequent and regular dives; and (3) either— (A) actually performs diving duty while serving in an assignment for which diving is a primary duty; or (B) meets the requirements to maintain proficiency as described in paragraph (2) while serving in an assignment that includes diving duty other than as a primary duty. **(b)** Special pay payable under subsection (a) shall be paid at a rate of not more than $240 a month, in the case of an officer, and at a rate of not more than $340 a month, in the case of an enlisted member. **(c)** If, in addition to diving duty, a member is assigned by orders to one or more hazardous duties described in [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301&num=0&edition=prelim), the member may be paid, for the same period of service, special pay under this section and incentive pay under such section 301 for each hazardous duty for which the member is qualified. **(d)** (1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when a 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 diving duty, pursuant to orders, such member is entitled to an increase in compensation equal to 1⁄30 of the mon

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 304

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

37 U.S.C. § 320 — Incentive pay: career enlisted flyers

Page 121 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 320 Regular Navy or Navy Reserve on active duty who— (1) is qualified and serving as a surface war- fare officer; (2) has been selected for assignment as a de- partment head on a surface vessel; and (3) has completed any service commitment incurred through the officer’s original com- missioning program or is within one year of completing such commitment. (b) SPECIAL PAY AUTHORIZED.—An eligible sur- face warfare officer who executes a written agreement to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a sur- face vessel may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000. (c) PRORATION.—The term of the written agree- ment under subsection (b) and the amount pay- able under the agreement may be prorated. (d) PAYMENT METHODS.—Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implemen- tation plan specifying the amount of each in- stallment payment under the agreement and the times for payment of the installments. (e) ADDITIONAL PAY.—Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled. (f) REPAYMENT.—An officer who, having en- tered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as a department head on a surface vessel as specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title. (g) REGULATIONS.—The Se

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 320

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