37 U.S.C. § 302b — Special pay: dental officers of the armed

Page 55 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302b Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95–485, title VIII, § 801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96–284, § 4(a), June 28, 1980, 94 Stat. 591; Pub. L. 100–26, § 8(d)(2), Apr. 21, 1987, 101 Stat. 285; Pub. L. 101–510, div. A, title VI, § 617(a), Nov. 5, 1990, 104 Stat. 1578; Pub. L. 104–201, div. A, title VI, § 614(a), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 106–398, § 1 [[div. A], title VI, § 626(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153; Pub. L. 107–314, div. A, title VI, § 615(d), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, § 687(b)(5), Jan. 6, 2006, 119 Stat. 3328.) Editorial Notes AMENDMENTS 2006—Subsec. (b)(4). Pub. L. 109–163 amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). If such eligibility is termi- nated, the officer concerned shall receive such special pay only for the part of the period of active duty that the officer served and may be required to refund any amount in excess of that amount.’’ 2002—Subsec. (b)(1). Pub. L. 107–314 substituted ‘‘$15,000’’ for ‘‘$6,000’’. 2000—Subsec. (b)(1). Pub. L. 106–398 substituted ‘‘the Secretary concerned may pay an officer described in paragraph (2) a’’ for ‘‘an officer described in paragraph (2) may be paid’’. 1996—Subsec. (b)(2). Pub. L. 104–201, § 614(a)(1)(A), sub- stituted ‘‘a uniformed service’’ for ‘‘an armed force’’ in introductory provisions. Subsec. (b)(2)(C). Pub. L. 104–201, § 614(a)(1)(B), struck out ‘‘of the military department’’ before ‘‘concerned to be’’. Subsec. (b)(4). Pub. L. 104–201, § 614(a)(2), struck out ‘‘of the military department’’ before ‘‘concerned may terminate’’. 1990—Pub. L. 101–510 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1987—Pub. L. 100–26 substituted ‘‘A’’ for ‘‘a’’ at begin- ning of pars. (1) to (3), ‘‘; or’’ for ‘‘, or’’ at end of par. (1)(A), period for semicolon at end of par. (1)(B), and pe- riod for ‘‘; and’’ at end of par. (2). 1980—Pub. L. 96–284 substituted ‘‘Each’’ for ‘‘(a) In ad- dition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each’’, struck out ‘‘beginning on or after October 1, 1977’’ after ‘‘ac- tive duty’’, struck out subsec. (b) which prohibited in- clusion of active duty monthly special pay in computa- tion of amount of increase in pay authorized in any other provision of this title or in computation of re- tired pay or severance pay, and struck out subsec. (c) which provided that no special pay be paid for any month after September 1980. 1978—Subsec. (c). Pub. L. 95–485 substituted ‘‘Sep- tember 1980’’ for ‘‘September 1978’’. 1977—Subsec. (a). Pub. L. 95–114 amended subsec. (a) to provide for the reinstatement of special pay provi- sions for optometrists for each month on active duty beginning on or after Oct. 1, 1977. Subsecs. (b), (c). Pub. L. 95–114 reenacted subsec. (b) without change and added subsec. (c). 1973—Subsec. (a). Pub. L. 93–64 substituted ‘‘July 1, 1975’’ for ‘‘July 1, 1973’’ wherever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–114, § 4, Sept. 30, 1977, 91 Stat. 1047, provided that: ‘‘The amendments made by sections 2 and 3 of this Act [amending this section and section 303 of this title] become effective on October 1, 1977.’’ EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under sec- tion 401 of this title. EFFECTIVE DATE Pub. L. 92–129, title II, § 209, Sept. 28, 1971, 85 Stat. 359, provided that: ‘‘The foregoing provisions of this title [enacting this section and section 428 of this title and amending sections 203 and 403 of this title and sections 2204 and 2207 of the former Appendix to Title 50, War and National Defense] shall become effective on Octo- ber 1, 1971, except that section 203 [enacting section 308a of this title] shall become effective on such date as shall be prescribed by the Secretary of Defense, but not earlier than February 1, 1971, and section 206 [amending section 2203 of the former Appendix to Title 50] shall become effective July 1, 1971.’’ SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces. APPLICATION OF INCREASE In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title. IMPLEMENTATION OF SUBSECTION (b) Pub. L. 101–510, div. A, title VI, § 617(b), Nov. 5, 1990, 104 Stat. 1579, provided that the Secretary of Defense could not implement subsec. (b) of this section, unless the Secretary submitted to the Committees on Armed Services of the Senate and House of Representatives a report justifying the need of the military departments for the authority provided in such subsection and de- scribing the manner in which that authority would be implemented, prior to repeal by Pub. L. 106–398, § 1 [[div. A], title VI, § 626(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153. PAY CONTINUATION Enactment of this section not to reduce the pay to which any member of the uniformed services was enti- tled on June 30, 1971, see section 210 of Pub. L. 92–129, set out as a note under section 203 of this title. § 302b. Special pay: dental officers of the armed forces (a) VARIABLE, ADDITIONAL, BOARD CERTIFI- CATION, AND INCENTIVE SPECIAL PAY.—(1) An offi- cer who— (A) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and (B) is on active duty under a call or order to active duty for a period of not less than one year, is entitled to special pay in accordance with this subsection. (2) An officer described in paragraph (1) who is serving in a pay grade below pay grade O–7 is en- Page 56 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302b titled to variable special pay at the following rates: (A) $3,000 per year, if the officer is under- going dental internship training or has less than three years of creditable service. (B) $7,000 per year, if the officer has at least three but less than six years of creditable service and is not undergoing dental intern- ship training. (C) $7,000 per year, if the officer has at least six but less than eight years of creditable serv- ice. (D) $12,000 per year, if the officer has at least eight but less than 12 years of creditable serv- ice. (E) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service. (F) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service. (G) $8,000 per year, if the officer has 18 or more years of creditable service. (3) An officer described in paragraph (1) who is serving in a pay grade above pay grade O–6 is en- titled to variable special pay at the rate of $7,000 per year. (4) An officer who is entitled to variable spe- cial pay under paragraph (2) or (3) is also enti- tled to additional special pay for any 12-month period during which an agreement executed under subsection (b) is in effect with respect to the officer. Such additional special pay shall be paid at a rate determined by the Secretary con- cerned, which rate may not exceed the fol- lowing: (A) $10,000 per year, if the officer has less than three years of creditable service. (B) $12,000 per year, if the officer has at least three but less than 10 years of creditable serv- ice. (C) $15,000 per year, if the officer has 10 or more years of creditable service. (5) An officer who is entitled to variable spe- cial pay under paragraph (2) or (3) and who is board certified is entitled to additional special pay at the following rates: (A) $2,500 per year, if the officer has less than 10 years of creditable service. (B) $3,500 per year, if the officer has at least 10 but less than 12 years of creditable service. (C) $4,000 per year, if the officer has at least 12 but less than 14 years of creditable service. (D) $5,000 per year, if the officer has at least 14 but less than 18 years of creditable service. (E) $6,000 per year, if the officer has 18 or more years of creditable service. (6) An officer described in paragraph (1) who is an oral or maxillofacial surgeon may be paid in- centive special pay at the same rates, and sub- ject to the same terms and conditions, as incen- tive special pay available for medical officers under section 302(b) of this title. (b) ACTIVE-DUTY AGREEMENT.—(1) An officer may not be paid additional special pay under paragraph (4) or (6) of subsection (a) for any 12- month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. (2) Under regulations prescribed by the Sec- retary of Defense under section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an offi- cer’s entitlement to the special pay authorized by paragraph (4) or (6) of subsection (a). If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title. (c) REGULATIONS.—Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for deter- mining— (1) whether an officer is undergoing intern- ship or residency training for purposes of sub- sections (a)(2)(A), (a)(2)(B), and (a)(4); and (2) whether an officer is board certified for purposes of subsection (a)(5). (d) FREQUENCY OF PAYMENTS.—Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) shall be paid monthly. Special pay payable to an officer under para- graph (4) or (6) of subsection (a) shall be paid an- nually at the beginning of the 12-month period for which the officer is entitled to such pay- ment. (e) REPAYMENT.—An officer who does not com- plete the period of active duty specified in the agreement referred to in subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title. (f) DETERMINATION OF CREDITABLE SERVICE.— For purposes of this section, creditable service of an officer is computed by adding— (1) all periods which the officer spent in den- tal internship or residency training during which the officer was not on active duty; and (2) all periods of active service in the Dental Corps of the Army or Navy, as an officer of the Air Force designated as a dental officer, or as a dental officer of the Public Health Service. (g) RESERVE DENTAL OFFICERS SPECIAL PAY.— (1) A reserve dental officer described in para- graph (2) is entitled to special pay at the rate of $350 a month for each month of active duty, in- cluding active duty in the form of annual train- ing, active duty for training, and active duty for special work. (2) A reserve dental officer referred to in para- graph (1) is a reserve officer who— (A) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and (B) is on active duty under a call or order to active duty for a period of less than one year. (Added Pub. L. 93–274, § 1(2), May 6, 1974, 88 Stat. 94; amended Pub. L. 96–284, § 4(b), June 28, 1980, 94 Stat. 591; Pub. L. 99–145, title VI, § 639(a), Nov. 8, 1985, 99 Stat. 649; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–201, div. A, title VI, § 615(a), (b), (e), Sept. 23, 1996, 110 Stat. 2545, 2547; Pub. L. 105–85, div. A, title VI, § 618, Nov. 18, 1997, 111 Stat. 1789; Pub. L. 109–163, div. A, title VI, §§ 625, 626, 687(b)(6), Jan. 6, 2006, 119 Stat. 3295, 3328; Pub. L. 109–364, div. A, title VI, § 615(a), Oct. 17, 2006, 120 Stat. 2249; Pub. L. 110–181, div. A, title VI, § 616(a), Jan. 28, 2008, 122 Stat. 150.) Page 57 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302b Editorial Notes AMENDMENTS 2008—Subsec. (a)(4). Pub. L. 110–181, § 616(a)(1), sub- stituted ‘‘at a rate determined by the Secretary con- cerned, which rate may not exceed the following’’ for ‘‘at the following rates’’ in introductory provisions. Subsec. (a)(4)(A). Pub. L. 110–181, § 616(a)(2), sub- stituted ‘‘$10,000’’ for ‘‘$4,000’’. Subsec. (a)(4)(B). Pub. L. 110–181, § 616(a)(3), sub- stituted ‘‘$12,000’’ for ‘‘$6,000’’. 2006—Subsec. (a). Pub. L. 109–163, § 625(a)(1), sub- stituted ‘‘Board Certification, and Incentive’’ for ‘‘and Board Certification’’ in heading. Subsec. (a)(4). Pub. L. 109–364 in introductory provi- sions substituted ‘‘An officer who is entitled to variable special pay under paragraph (2) or (3) is also entitled to additional special pay for any 12-month period during which an agreement executed under subsection (b) is in effect with respect to the officer’’ for ‘‘Subject to sub- section (b), an officer entitled to variable special pay under paragraph (2) or (3) also is entitled to additional special pay for any 12-month period during which the officer is not undergoing dental internship or initial residency training’’. Pub. L. 109–163, § 626, inserted ‘‘also’’ before ‘‘is enti- tled’’ and ‘‘initial’’ before ‘‘residency’’ in introductory provisions. Subsec. (a)(6). Pub. L. 109–163, § 625(a)(2), added par. (6). Subsec. (b). Pub. L. 109–163, § 625(b), substituted ‘‘paragraph (4) or (6) of subsection (a)’’ for ‘‘subsection (a)(4)’’ in two places. Subsec. (b)(2). Pub. L. 109–163, § 687(b)(6)(A), added sec- ond sentence and struck out former second sentence which read as follows: ‘‘If such entitlement is termi- nated, the officer concerned is entitled to be paid such special pay only for the part of the period on active duty that the officer served, and the officer may be re- quired to refund any amount in excess of that entitle- ment.’’ Subsec. (d). Pub. L. 109–163, § 625(b), substituted ‘‘paragraph (4) or (6) of subsection (a)’’ for ‘‘subsection (a)(4)’’. Subsec. (e). Pub. L. 109–163, § 687(b)(6)(B), added sub- sec. (e) and struck out heading and text of former sub- sec. (e). Text read as follows: ‘‘An officer who volun- tarily terminates service on active duty before the end of the period for which a payment was made to such of- ficer under subsection (a)(4) shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the pay- ment was made.’’ Subsecs. (f) to (h). Pub. L. 109–163, § 687(b)(6)(C), (D), redesignated subsecs. (g) and (h) as (f) and (g), respec- tively, and struck out heading and text of former sub- sec. (f). Text read as follows: ‘‘A discharge in bank- ruptcy under title 11 shall not release a person from an obligation to reimburse the United States required under the terms of an agreement described in sub- section (b) if the final decree of the discharge in bank- ruptcy was issued within a period of five years after the last day of a period which such person had agreed to serve on active duty. This subsection applies to a dis- charge in bankruptcy in any proceeding which begins after September 30, 1985.’’ 1997—Subsec. (a)(2)(C) to (G). Pub. L. 105–85, § 618(a), added subpars. (C) to (G) and struck out former sub- pars. (C) to (F) which read as follows: ‘‘(C) $7,000 per year, if the officer has at least six but less than 10 years of creditable service. ‘‘(D) $6,000 per year, if the officer has at least 10 but less than 14 years of creditable service. ‘‘(E) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service. ‘‘(F) $3,000 per year, if the officer has 18 or more years of creditable service.’’ Subsec. (a)(3). Pub. L. 105–85, § 618(b), substituted ‘‘$7,000’’ for ‘‘$1,000’’. Subsec. (a)(4)(B) to (D). Pub. L. 105–85, § 618(c), added subpars. (B) and (C) and struck out former subpars. (B) to (D) which read as follows: ‘‘(B) $6,000 per year, if the officer has at least three but less than 14 years of creditable service. ‘‘(C) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service. ‘‘(D) $10,000 per year, if the officer has at least 18 or more years of creditable service.’’ 1996—Subsec. (a). Pub. L. 104–201, § 615(e)(1), inserted heading. Subsec. (a)(2). Pub. L. 104–201, § 615(a)(1), substituted ‘‘$3,000’’ for ‘‘$1,200’’ in subpar. (A), ‘‘$7,000’’ for ‘‘$2,000’’ in subpar. (B), and ‘‘$7,000’’ for ‘‘$4,000’’ in subpar. (C). Subsec. (a)(4). Pub. L. 104–201, § 615(a)(2), added sub- pars. (A) to (D) and struck out former subpars. (A) to (C) which read as follows: ‘‘(A) $6,000 per year, if the officer has at least three but less than 14 years of creditable service. ‘‘(B) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service. ‘‘(C) $10,000 per year, if the officer has 18 or more years of creditable service.’’ Subsec. (a)(5). Pub. L. 104–201, § 615(a)(3), added sub- pars. (A) to (E) and struck out former subpars. (A) to (C) which read as follows: ‘‘(A) $2,000 per year, if the officer has less than 12 years of creditable service. ‘‘(B) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service. ‘‘(C) $4,000 per year, if the officer has 14 or more years of creditable service.’’ Subsecs. (b) to (g). Pub. L. 104–201, § 615(e)(2)–(7), in- serted headings. Subsec. (h). Pub. L. 104–201, § 615(b), added subsec. (h). 1991—Pub. L. 102–25 struck out ‘‘of this section’’ wher- ever appearing, except in subsec. (g), and struck out ‘‘of this subsection’’ wherever appearing. 1985—Pub. L. 99–145 amended section generally, sub- stituting ‘‘Special pay: dental officers of the armed forces’’ for ‘‘Special pay: dentists’’ in section catchline and new text for former text which read as follows: ‘‘An officer of the Army or Navy in the Dental Corps, an of- ficer of the Air Force who is designated as a dental offi- cer, or a dental officer of the Public Health Service, who is on active duty for a period of at least one year is entitled to special pay at the following rates— ‘‘(1) $100 a month for each month of active duty if he has not completed two years of active duty in the Dental Corps or as a dental officer; ‘‘(2) $150 a month for each month of active duty if he has completed at least two years of active duty in the Dental Corps or as a dental officer; ‘‘(3) $250 a month for each month of active duty if he has completed at least six years of active duty in the Dental Corps or as a dental officer; or ‘‘(4) $350 a month for each month of active duty if he has completed at least ten years of active duty in the Dental Corps or as a dental officer.’’ 1980—Pub. L. 96–284 struck out ‘‘, in addition to any other pay or allowances to which he is entitled,’’ after ‘‘entitled’’ and last sentence containing prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title VI, § 616(b), Jan. 28, 2008, 122 Stat. 150, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to agreements entered into under section 302b(b) of title 37, United States Code, on or after the date of the enactment of this Act [Jan. 28, 2008].’’ Page 58 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302c 1 See Change of Name note below. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title VI, § 615(b), Oct. 17, 2006, 120 Stat. 2249, provided that: ‘‘The amendment made by this section [amending this section] shall take effect on October 1, 2006.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title VI, § 639(f), Nov. 8, 1985, 99 Stat. 651, provided that: ‘‘The amendments made by this sec- tion [amending this section, repealing section 311 of this title, and enacting provisions set out as notes under this section] take effect on October 1, 1985.’’ EFFECTIVE DATE Section effective June 1, 1974, see section 2 of Pub. L. 93–274, set out as an Effective Date of 1974 Amendment note under section 302 of this title. SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces. AUTHORITY FOR CERTAIN DENTAL OFFICERS TO EXECUTE NEW AGREEMENTS Pub. L. 99–145, title VI, § 639(c), Nov. 8, 1985, 99 Stat. 651, provided that: ‘‘(1) Subject to paragraphs (2) and (3), a dental officer who on October 1, 1985, is performing obligated service under an agreement under section 311 of title 37, United States Code, that— ‘‘(A) was executed after June 29, 1985; and ‘‘(B) is affected by the limitation in section 8091 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98–473), may execute a new agreement under section 302b of such title (as amended by subsection (a)). ‘‘(2) A dental officer may not execute a new agree- ment under paragraph (1) unless the amount that may be paid such officer under an agreement under section 302b of title 37, United States Code (as amended by sub- section (a)), is greater than the amount to be paid the officer under the existing agreement of the officer under section 311 of such title. ‘‘(3) In executing a written agreement under para- graph (1), the officer shall agree to remain on active duty for an additional length of time equal to or ex- ceeding the length of time originally required by the existing agreement, beginning on the date the officer accepts the award of special pay under the new agree- ment. ‘‘(4) If a new agreement is executed under this sub- section, the existing agreement of the officer shall be canceled. ‘‘(5) For the purposes of this section, the term ‘dental officer’ has the meaning given that term in section 101 of title 10, United States Code.’’ MINIMUM SPECIAL PAY Pub. L. 99–145, title VI, § 639(d), Nov. 8, 1985, 99 Stat. 651, as amended by Pub. L. 99–661, div. A, title XIII, § 1342(c), Nov. 14, 1986, 100 Stat. 3991, provided that: ‘‘(1) An officer described in paragraph (2) who, after September 30, 1985, is entitled to special pay under sec- tion 302b of title 37, United States Code (as amended by subsection (a)), may (notwithstanding the provisions of such section and in the discretion of the Secretary con- cerned) be paid such pay, in order to prevent inequities, in an annual amount equal to the total annual amount of dental continuation pay under section 311 of title 37, United States Code, and special pay for dental officers under section 302b of that title to which that officer would have been entitled on September 30, 1985, in ac- cordance with the status of the officer (as determined by the Secretary concerned) during the period for which the pay is paid. Notwithstanding the preceding sentence, an officer may not be paid special pay by rea- son of this paragraph in an amount greater than the amount of special pay to which the officer was entitled under such sections on September 30, 1985. ‘‘(2) Paragraph (1) applies to an officer who on Sep- tember 30, 1985, is entitled to dental continuation pay under section 311 of title 37, United States Code; or to special pay for dental officers under section 302b of that title.’’ [Amendment of this note by Pub. L. 99–661 effective Nov. 14, 1986, see section 1342(h)(1) of Pub. L. 99–661, set out as an Effective Date of 1986 Amendment note under section 301 of this title.] § 302c. Special pay: psychologists and nonphysi- cian health care providers (a) PUBLIC HEALTH SERVICE CORPS.—A member who is— (1) an officer in the Regular or Reserve Corps 1 of the Public Health Service and is des- ignated as a psychologist; and (2) has been awarded a diploma as a Dip- lomate in Psychology by the American Board of Professional Psychology, is entitled to special pay, as provided in sub- section (b). (b) RATE OF SPECIAL PAY.—The rate of special pay to which an officer is entitled pursuant to subsection (a) shall be— (1) $2,000 per year, if the officer has less than 10 years of creditable service; (2) $2,500 per year, if the officer has at least 10 but less than 12 years of creditable service; (3) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service; (4) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service; or (5) $5,000 per year, if the officer has 18 or more years of creditable service. (c) ARMY, NAVY, AND AIR FORCE PSYCHOLO- GISTS.—The Secretary of Defense may provide special pay at the rates specified in subsection (b) to an officer who— (1) is an officer in the Medical Service Corps of the Army or Navy or a biomedical sciences officer in the Air Force; (2) is designated as a psychologist; and (3) has been awarded a diploma as a Dip- lomate in Psychology by the American Board of Professional Psychology. (d) NONPHYSICIAN HEALTH CARE PROVIDERS.— The Secretary concerned may authorize the pay- ment of special pay at the rates specified in sub- section (b) to an officer who— (1) is an officer in the Medical Service Corps of the Army or Navy, a biomedical sciences of- ficer in the Air Force, an officer in the Army Medical Specialist Corps, an officer of the Nurse Corps of the Army or Navy, an officer of the Air Force designated as a nurse, an officer of the Coast Guard or Coast Guard Reserve designated as a physician assistant, or an offi- cer in the Regular or Reserve Corps 1 of the Public Health Service;