37 U.S.C. § 311 — Untitled legal text

Page 107 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 312 and (b) the rates of pay authorized by section 427(a)(1) of title 37, United States Code, shall be $250.’’ RETROACTIVE AUTHORIZATION FOR IMMINENT DANGER PAY FOR SERVICE IN CONNECTION WITH OPERATION ENDURING FREEDOM Pub. L. 107–107, div. A, title VI, § 624, Dec. 28, 2001, 115 Stat. 1143, provided that: ‘‘(a) RETROACTIVE AUTHORIZATION.—The Secretary of Defense may provide for the payment of imminent dan- ger pay under section 310 of title 37, United States Code, to members of the Armed Forces assigned to duty in the areas specified in subsection (b) in connection with the contingency operation known as Operation Enduring Freedom with respect to periods of duty served in those areas during the period beginning on September 19, 2001, and ending October 31, 2001. ‘‘(b) SPECIFIED AREAS.—The areas referred to in sub- section (a) are the following: ‘‘(1) The land areas of Kyrgyzstan, Oman, the United Arab Emirates, and Uzbekistan. ‘‘(2) The Red Sea, the Gulf of Aden, the Gulf of Oman, and the Arabian Sea (that portion north of 10≥ north latitude and west of 68≥ east longitude).’’ TEMPORARY INCREASE IN SPECIAL PAY IN CONNECTION WITH PERSIAN GULF CONFLICT Pub. L. 102–25, title III, § 301, Apr. 6, 1991, 105 Stat. 80, provided that: ‘‘(a) INCREASED RATE.—In lieu of the rate of special pay specified in section 310(a) of title 37, United States Code, the rate of special pay payable under that section shall be $150 for each month during the period described in subsection (b). ‘‘(b) PERIOD OF APPLICABILITY.—Subsection (a) shall apply during the period beginning on August 1, 1990, and ending on the first day of the first month begin- ning on or after the date 180 days after the end of the Persian Gulf conflict.’’ IMMINENT DANGER PAY IN CONNECTION WITH OPERATION DESERT SHIELD Pub. L. 101–510, div. A, title XI, § 1111(a), Nov. 5, 1990, 104 Stat. 1635, provided that: ‘‘The Secretary of Defense may provide for the payment of imminent danger pay under section 310 of title 37, United States Code, to members of the Armed Forces assigned to duty in the Persian Gulf area in connection with Operation Desert Shield with respect to periods of duty served after Au- gust 1, 1990, and before the date of the enactment of this Act [Nov. 5, 1990].’’ [§ 311. Repealed. Pub. L. 99–145, title VI, § 639(b), Nov. 8, 1985, 99 Stat. 651] Section, added Pub. L. 90–207, § 1(2)(A), Dec. 16, 1967, 81 Stat. 651; amended Pub. L. 90–603, § 1, Oct. 18, 1968, 82 Stat. 1187; Pub. L. 90–623, § 3(5), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–274, § 1(3), May 6, 1974, 88 Stat. 95; Pub. L. 93–394, § 1, Aug. 29, 1974, 88 Stat. 792; Pub. L. 96–284, § 4(d)(1)–(3), June 28, 1980, 94 Stat. 591, 592; Pub. L. 96–513, title IV, § 414(b), title V, § 516(7), Dec. 12, 1980, 94 Stat. 2906, 2938, provided for continuation pay for den- tists in the armed forces. See section 302b of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1985, see section 639(f) of Pub. L. 99–145, set out as an Effective Date of 1985 Amend- ment note under section 302b of this title. § 312. Special pay: nuclear-qualified officers ex- tending period of active service (a) SPECIAL PAY AUTHORIZED; ELIGIBILITY.— Under regulations to be prescribed by the Sec- retary of the Navy, the Secretary may pay spe- cial pay under subsection (b) to an officer of the naval service who— (1) is entitled to basic pay; (2) has the current technical qualification for duty in connection with supervision, oper- ation, and maintenance of naval nuclear pro- pulsion plants; and (3) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for a period of not less than three years, so long as the new period of obli- gated active service does not extend beyond the end of 30 years of commissioned service, in addition to any other period of obligated ac- tive service. (b) PAYMENT AMOUNT; PAYMENT OPTIONS.—(1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled. (2) The Secretary shall determine annually the necessity for continuance of the special pay and the rate of special pay per year for such active- service agreements accepted within each 12- month period. (3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary, the total amount payable shall be paid in a single lump-sum or in annual installments of equal or different amounts over the length of the con- tract, commencing at the expiration of any ex- isting period of obligated active service. (4) The Secretary may accept an active service agreement under this section not more than one year in advance of the end of an officer’s exist- ing period of obligated active service under such an agreement. In such a case, the amount of the special pay may be paid commencing with the date of acceptance of the agreement, and, if the special pay will be paid in annual installments, the number of installments may not exceed the number of years covered by the agreement plus one. (c) REPAYMENT.—An officer who does not com- plete the period of active duty in connection with the supervision, operation, and mainte- nance of naval nuclear propulsion plants that the officer agreed to serve, and for which a pay- ment was made under subsection (b) or (e)(1), shall be subject to the repayment provisions of section 303a(e) of this title. (d) RELATION TO SERVICE OBLIGATION.—Nothing in this section shall alter or modify the obliga- tion of a regular officer to perform active serv- ice at the pleasure of the President. Completion of the additional period of active service under this section shall in no way obligate the Presi- dent to accept a resignation submitted by a reg- ular officer. (e) NEW AGREEMENT.—(1) An officer who is per- forming obligated service under an agreement under subsection (a) may, if the amount that may be paid under subsection (b) is higher than at the time the officer executed such agreement, execute a new agreement under this subsection.