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

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.

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Source file: Laws/federal/codes/united-states-code/title-37/section-305-special-pay-hardship-duty-pay--da30db8cc1.md
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Source location: Title 37, Chapter 5, § 305; chapter-005-special-and-incentive-pays.md

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

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

**(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 durin

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

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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

5 U.S.C. § 5334 — Rate on change of position or type of appointment; regulations

**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply. **(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic

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

37 U.S.C. § 201 — Pay grades: assignment to; general rules

**(a)** For the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades: Pay gradeArmy, Air Force, Marine Corps, and Space ForceNavy, Coast Guard, andNational Oceanic and Atmospheric AdministrationPublic Health Service O–10GeneralAdmiralAssistant Secretary for Health. O–9Lieutenant generalVice admiralSurgeon General. O–8Major generalRear admiralDeputy Surgeon General.Assistant Surgeon General having rank of major general. O–7Brigadier generalRear admiral (lower half)Assistant Surgeon General having rank of brigadier general. O–6ColonelCaptainDirector grade. O–5Lieutenant colonelCommanderSenior grade. O–4MajorLieutenant commanderFull grade. O–3CaptainLieutenantSenior assistant grade. O–21st lieutenantLieutenant (junior grade)Assistant grade. O–12d lieutenantEnsignJunior assistant grade. **(b)** For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades: Pay Grade:Warrant Officer Grade: W–5 Chief Warrant Officer, W–5. W–4 Chief Warrant Officer, W–4. W–3 Chief Warrant Officer, W–3. W–2 Chief Warrant Officer, W–2. W–1 Warrant Officer, W–1. **(c)** Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E–4. **(d)** Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E–5. **(e)** Except as provided by s

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 201

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

37 U.S.C. § 203 — Rates

**(a)** (1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with [section 1009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1009&num=0&edition=prelim) or as otherwise prescribed by law. (2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule. **(b)** While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 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) is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay. **(c)** A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 203

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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. § 305 — Special pay: hardship duty pay

Page 75 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 305 (A) for each regular period of instruction, or period of appropriate duty, at which the mem- ber is engaged for at least two hours, including that performed on a Sunday or holiday; or (B) for the performance of such other equiva- lent training, instruction, duty, or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. (2) This subsection does not apply to a member who is entitled to basic pay under section 204 of this title. (e) In time of war, the President may suspend the payment of diving duty pay. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 97–60, title I, § 115, Oct. 14, 1981, 95 Stat. 995; Pub. L. 100–180, div. A, title VI, § 624(a), Dec. 4, 1987, 101 Stat. 1103; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105–261, div. A, title VI, § 616(a), Oct. 17, 1998, 112 Stat. 2041; Pub. L. 106–65, div. A, title VI, § 617(a), (b), Oct. 5, 1999, 113 Stat. 652.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 304(a) ...... 304(b) ...... 37:236(a), (b). 37:236(c). Oct. 12, 1949, ch. 681, § 205, 63 Stat. 810; Mar. 31, 1955, ch. 20, § 2(8)–(10), 69 Stat. 21; Aug. 17, 1961, Pub. L. 87–145, § 1, 75 Stat. 382. In subsection (a), the last sentence is substituted for section 236(b) of existing title 37. The word ‘‘com- petent’’ is omitted as surplusage. Editorial Notes AMENDMENTS 1999—Subsec. (b). Pub. L. 106–65, § 617(a), substituted ‘‘$240’’ for ‘‘$200’’ and ‘‘$340’’ for ‘‘$300’’. Subsec. (c). Pub. L. 106–65, § 617(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘A member may be paid special pay under this section an

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

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