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37 U.S.C. § 373 — Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met
Federal law — U.S. Code and appendices · legal_authorities
**(a) Repayment and Termination.—** Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member’s satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement.
**(b) Exceptions.—**
(1) **Discretion to provide exception to termination and repayment requirements.—** — Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(2) **Special rule for deceased and disabled members.—**
(A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned—
(i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
(ii) shall require the payment to the member or the member’s estate of the remainder of any bonus, incen
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Source file: Laws/federal/codes/united-states-code/title-37/section-373-repayment-of-unearned-portion-of-bonus-incentive-pay-or-similar-benefit--b90874bca6.md
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Source location: Title 37, Chapter 5, § 373; chapter-005-special-and-incentive-pays.md
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**(a) Repayment and Termination.—** Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member’s satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement.
**(b) Exceptions.—**
(1) **Discretion to provide exception to termination and repayment requirements.—** — Pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(2) **Special rule for deceased and disabled members.—**
(A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned—
(i) shall not require repayment by the member or the member’s estate of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
(ii) shall require the payment to the member or the member’s estate of the remainder of any bonus, incentive pay, or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.
(B) Subparagraph (A) does not apply if the death or disability of the member is the result the member’s misconduct.
(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus, incentive pay, or similar benefit as if the member continued to be entitled to the bonus, incentive pay, or similar benefit following the death, retirement, or separation.
(D) Amounts to be paid to a member or the member’s estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.
(E) In this paragraph, the term “combat-related disability” has the meaning given that term in [section 1413a(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1413a/e&num=0&edition=prelim).
(3) **Special rule for members who receive sole survivorship discharge.—**
(A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned—
(i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
(ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
(B) In this paragraph, the term “sole survivorship discharge” means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which—
(i) the father or mother or one or more siblings—
(I) served in the Armed Forces; and
(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and
(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.
**(c) Effect of Bankruptcy.—** An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after—
(1) the date of the termination of the agreement or contract on which the debt is based; or
(2) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based.
**(d) Definitions.—** In this section:
(1) The term “bonus, incentive pay, or similar benefit” means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this section or [section 303a(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section303a/e&num=0&edition=prelim).
(2) The term “service”, as used in subsection (c)(2), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus, incentive pay, or similar benefit offered by the Secretary concerned—
(A) to a member who remains on active duty, in an active status in a reserve component, or in space force active status;
(B) to perform duty in a specified skill, with or without a specified qualification or credential;
(C) to perform duty in a specified assignment, location or unit; or
(D) to perform duty for a specified period of time.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Charter school.—** — The term “charter school” has the meaning given that term in section 4310 of the Elementary and Secondary Education Act of 1965.
(2) **Eligible school.—** — The term “eligible school” means—
(A) a public school, including a charter school, at which—
(i) at least 30 percent of the students enrolled in the school are from families with incomes below 185 percent of poverty level (as defined by the Office of Management and Budget and revised at least annually in accordance with section 9(b)(1) of the Richard B. Russell National School Lunch Act ([42 U.S.C. 1758(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1758/b/1&num=0&edition=prelim)) applicable to a family of the size involved; or
(ii) at least 13 percent of the students enrolled in the school qualify for assistance under part B of the Individuals with Disabilities Education Act ([20 U.S.C. 1411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1411&num=0&edition=prelim) et seq.);
(B) a Bureau-funded school as defined in section 1141(3) of the Education Amendments of 1978 ([25 U.S.C. 2021(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2021/3&num=0&edition=prelim)); or
(C) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act ([29 U.S.C. 3197](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3197&num=0&edition=prelim)).
(3) **High-need school.—** — The term “high-need school” means—
(A) an elementary or middle school in which at least 50 percent of the enrolled students are children from low-income families, based on the number of children eligible for free and reduced pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1154
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to Provide Bonus.—** The Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces, who—
(1) enlists in an armed force;
(2) enlists in or affiliates with a reserve component of an armed force;
(3) reenlists, voluntarily extends an enlistment, or otherwise agrees to serve—
(A) for a specified period in a designated career field, skill, or unit of an armed force; or
(B) under other conditions of service in an armed force;
(4) transfers from a regular component of an armed force to a reserve component of that same armed force or from a reserve component of an armed force to the regular component of that same armed force;
(5) transfers from a regular component or reserve component of an armed force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring; or
(6) transfers from a regular component or reserve component of an armed force to the Space Force or from the Space Force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring.
**(b) Service Eligibility.—** A bonus authorized by subsection (a) may be paid to a person or member only if the person or member agrees under subsection (d)—
(1) to serve for a specified period in a designated career field, skill, unit, or grade; or
(2) to meet some other condition or conditions of service imposed by the Secretary concerned.
**(c) Maximum Amount and Method of Payment.—**
(1) **Maximum amount.—** — The Secretary concerned shall determine the amount of a bonus to be paid under this section, except t
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Provide Bonus.—** The Secretary concerned may pay a bonus under this section to a person, including an officer in the uniformed services, who—
(1) accepts a commission or appointment as an officer in a uniformed service;
(2) affiliates with a reserve component of a uniformed service;
(3) agrees to remain on active duty or to serve in an active status for a specific period as an officer in a uniformed service;
(4) transfers from a regular component of a uniformed service to a reserve component of that same uniformed service or from a reserve component of a uniformed service to the regular component of that same uniformed service;
(5) transfers from a regular component or reserve component of a uniformed service to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring; or
(6) transfers from a regular component or reserve component of a uniformed service to the Space Force or from the Space Force to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring.
**(b) Service Eligibility.—** A bonus authorized by subsection (a) may be paid to a person or officer only if the person or officer agrees under subsection (d)—
(1) to serve for a specified period in a designated career field, skill, unit, or grade; or
(2) to meet some other condition or conditions of service imposed by the Secretary concerned.
**(c) Maximum Amount and Method of Payment.—**
(1) **Maximum amount.—** — The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that—
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 332
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Nuclear Officer Bonus.—** The Secretary of the Navy may pay a nuclear officer bonus under this section to a person, including an officer in the Navy, who—
(1) is selected for the officer naval nuclear power training program in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to serve, upon completion of such training, on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; or
(2) has the current technical qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to remain on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.
**(b) Nuclear Officer Incentive Pay.—** The Secretary of the Navy may pay nuclear officer incentive pay under this section to an officer in the Navy 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); and
(2) remains on active duty for a specified period while maintaining current technical qualifications, as approved by the Secretary, for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.
**(c) Additional Eligibility Criteria.—** The Secretary of the Navy may impose such additional criteria for the receipt of a nuclear officer bonus or nuclear officer incentive pay under this section as the Secretary determines to be appropriate.
**(d) Maximum Amount and Method of Payment.—**
(1) **Maximum amount.—** — The Secretary of the Navy shall determine the amounts of a nuclear officer bonus or nuclear officer incentive pay to be pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 333
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Aviation Incentive Pay.—**
(1) **Incentive pay authorized.—** — The Secretary concerned may pay aviation incentive pay under this section to an officer of a uniformed service who—
(A) 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 compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim);
(B) maintains, or is in training leading to, an aeronautical rating or designation that qualifies the officer to engage in operational flying duty or proficiency flying duty;
(C) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty;
(D) engages in or remains in aviation service for a specified period; and
(E) meets such other criteria as the Secretary concerned determines appropriate.
(2) **Officers not currently engaged in flying duty.—** — The Secretary concerned may pay aviation incentive pay under this section to an officer who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under [section 374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section374&num=0&edition=prelim), that payment of aviation incentive pay to that officer is in the best interests of the service.
**(b) Aviation Bonus.—** The Secretary concerned may pay an aviation bonus under this section to an officer of a uniformed service who—
(1) is entitled to aviation incentive pay under subsection (a);
(2) has completed any active
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 334
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Aviation Incentive Pay.—**
(1) **Incentive pay authorized.—** — The Secretary concerned may pay aviation incentive pay under this section to an enlisted member in a regular or reserve component of a uniformed service who—
(A) 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 compensation under 206 of this title;
(B) is designated as a remotely piloted aircraft pilot, or is in training leading to such a designation;
(C) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty;
(D) engages in or remains in aviation service for a specified period; and
(E) meets such other criteria as the Secretary concerned determines appropriate.
(2) **Enlisted members not currently engaged in flying duty.—** — The Secretary concerned may pay aviation incentive pay under this section to an enlisted member who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under [section 374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section374&num=0&edition=prelim), that payment of aviation pay to that enlisted member is in the best interests of the service.
**(b) Aviation Bonus.—** The Secretary concerned may pay an aviation bonus under this section to an enlisted member in a regular or reserve component of a uniformed service who—
(1) is entitled to aviation incentive pay under subsection (a);
(2) is within one year of completing the enlistment of the member;
(3) reenlists or voluntarily extends the enli
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 334a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Health Professions Bonus.—** The Secretary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health profession and who—
(1) accepts a commission or appointment as an officer in a regular or reserve component of a uniformed service, or affiliates with a reserve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession;
(2) accepts a commission or appointment as an officer and whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty; or
(3) agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession.
**(b) Health Professions Incentive Pay.—** The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service 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 compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim); and
(2) is serving on active duty or in an active status in a designated health profession specialty or skill.
**(c) Board Certification Incentive Pay.—** The Secretary concerned may pay board certification incentive pay under this section to an officer in a regular or reserve component of a uniformed service who—
(1) is entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 335
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracting Bonus Authorized.—** The Secretary concerned may pay a bonus under this section to a cadet or midshipman enrolled in the Senior Reserve Officers’ Training Corps who executes a written agreement described in subsection (c).
**(b) Amount of Bonus.—** The amount of a bonus under subsection (a) may not exceed $5,000.
**(c) Agreement.—** A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman—
(1) to complete field training or a practice cruise under [section 2104(b)(6)(A)(ii) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104/b/6/A/ii&num=0&edition=prelim);
(2) to complete advanced training under chapter 103 of title 10;
(3) to accept a commission or appointment as an officer of the armed forces; and
(4) to serve on active duty.
**(d) Payment Method.—** Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify when the bonus will be paid and whether the bonus will be paid in a lump sum or in installments.
**(e) Repayment.—** A person who, having received all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for receipt of the bonus shall be subject to the repayment provisions of [section 373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section373&num=0&edition=prelim).
**(f) Regulations.—** The Secretary concerned shall issue such regulations as may be necessary to carry out this section.
**(g) Termination of Authority.—** No agreement under this section may be entered into after December 31, 2026.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 336
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assignment or Special Duty Pay Authorized.—** The Secretary concerned may pay assignment or special duty pay under this section to a member of the uniformed services 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 compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim); and
(2) performs duties in an assignment, location (including a cold weather location), or unit designated by, and under the conditions of service specified by, the Secretary concerned.
**(b) Maximum Amount and Method of Payment.—**
(1) **Lump sum or installments.—** — Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned. If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the member’s actual qualifying service during the month.
(2) **Maximum monthly amount.—** — The maximum monthly amount of assignment or special duty pay may not exceed $5,000.
(3) **Maximum lump sum amount.—** — The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of—
(A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); and
(B) the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement.
(4)
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 352
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Skill Incentive Pay.—** The Secretary concerned may pay a monthly skill incentive pay to a member of the uniformed services 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 compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim); and
(2) serves in a career field or skill designated as critical by the Secretary concerned.
**(b) Skill Proficiency Bonus.—**
(1) **Availability; eligible persons.—** — The Secretary concerned may pay a proficiency bonus to a member of the uniformed services who—
(A) 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 compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) or is enrolled in an officer training program; and
(B) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned or is in training to acquire proficiency in a critical foreign language or expertise in foreign cultural studies or a related skill designated as critical by the Secretary concerned.
(2) **Inclusion of certain senior rotc members.—** — A proficiency bonus may be paid under this subsection to a student who is enrolled in the Senior Reserve Officers’ Training Corps program even though the student is in the first year of the four-year course under the program. During the period covered by the proficiency bonus, the student shall also be entitled to a mon
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 353
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