37 U.S.C. § 302f — Special pay: reserve, recalled, or retained

Page 63 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302f Editorial Notes AMENDMENTS 2017—Subsec. (a)(1). Pub. L. 115–91 substituted ‘‘De- cember 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (a)(1). Pub. L. 114–328 substituted ‘‘De- cember 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (a)(1). Pub. L. 114–92 substituted ‘‘De- cember 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (a)(1). Pub. L. 113–291 substituted ‘‘De- cember 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (a)(1). Pub. L. 113–66 substituted ‘‘De- cember 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (a)(1). Pub. L. 112–81 substituted ‘‘De- cember 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383 substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (a)(1). Pub. L. 111–84 substituted ‘‘De- cember 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (a)(1). Pub. L. 110–417 substituted ‘‘De- cember 31, 2009’’ for ‘‘December 31, 2008’’. Pub. L. 110–181 substituted ‘‘December 31, 2008’’ for ‘‘December 31, 2007’’. 2006—Subsec. (a)(1). Pub. L. 109–364 substituted ‘‘De- cember 31, 2007’’ for ‘‘December 31, 2006’’. Pub. L. 109–163, § 622(d), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2005’’. Subsec. (c). Pub. L. 109–163, § 687(b)(8)(A), substituted ‘‘If such entitlement is terminated, the officer con- cerned shall be subject to the repayment provisions of section 303a(e) of this title.’’ for ‘‘The officer may be re- quired to refund that part of the special pay cor- responding to the unserved period of active duty.’’ Subsec. (e). Pub. L. 109–163, § 687(b)(8)(B), amended heading and text of subsec. (e) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds re- quired when officer fails to complete total period of ac- tive duty. 2004—Subsec. (a)(1). Pub. L. 108–375 substituted ‘‘De- cember 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (a)(1). Pub. L. 108–136 substituted ‘‘De- cember 31, 2004’’ for ‘‘December 31, 2003’’. 2002—Subsec. (a)(1). Pub. L. 107–314, § 615(f), sub- stituted ‘‘$50,000’’ for ‘‘$15,000’’. Pub. L. 107–314, § 612(d), substituted ‘‘December 31, 2003’’ for ‘‘December 31, 2002’’. 2001—Subsec. (a)(1). Pub. L. 107–107 substituted ‘‘De- cember 31, 2002’’ for ‘‘December 31, 2001’’. 2000—Subsec. (a)(1). Pub. L. 106–398, § 1 [[div. A], title VI, § 622(c)], substituted ‘‘December 31, 2001’’ for ‘‘De- cember 31, 2000’’. Subsec. (b)(2)(A). Pub. L. 106–398, § 1 [[div. A], title VI, § 626(b)(1)], substituted ‘‘the Secretary of the military department concerned’’ for ‘‘the Secretary’’. 1999—Subsec. (a)(1). Pub. L. 106–65 substituted ‘‘De- cember 31, 2000’’ for ‘‘December 31, 1999’’. 1998—Subsec. (a)(1). Pub. L. 105–261 substituted ‘‘De- cember 31, 1999’’ for ‘‘September 30, 1999’’. 1997—Subsec. (a)(1). Pub. L. 105–85 substituted ‘‘Sep- tember 30, 1999’’ for ‘‘September 30, 1998’’. 1996—Subsec. (a)(1). Pub. L. 104–201 substituted ‘‘Sep- tember 30, 1998’’ for ‘‘September 30, 1997’’. Pub. L. 104–106 substituted ‘‘September 30, 1997’’ for ‘‘September 30, 1996’’. 1994—Subsec. (a)(1). Pub. L. 103–337 substituted ‘‘Sep- tember 30, 1996’’ for ‘‘September 30, 1995’’ and ‘‘$15,000’’ for ‘‘$6,000’’. 1993—Subsec. (a)(1). Pub. L. 103–160 substituted ‘‘Sep- tember 30, 1995’’ for ‘‘September 30, 1993’’. 1992—Subsec. (a)(1). Pub. L. 102–484 substituted ‘‘Sep- tember 30, 1993’’ for ‘‘September 30, 1992’’. 1991—Pub. L. 102–25, § 702(a)(2)(B), amended section catchline generally. Subsec. (d). Pub. L. 102–25, § 702(b)(1), (c), struck out ‘‘of this section’’ after ‘‘subsection (a)’’. 1990—Pub. L. 101–510, § 618(c)(1), directed that section catchline be amended to read ‘‘§ 302c. Special pay: psy- chologists and nonphysician health care providers’’. Subsec. (a)(1). Pub. L. 101–510, § 1484(d)(3)(A), sub- stituted ‘‘November 29, 1989,’’ for ‘‘the date of the en- actment of the National Defense Authorization Act for Fiscal Years 1990 and 1991’’. Pub. L. 101–510, § 614(b), substituted ‘‘subsection (b)(1)’’ for ‘‘subsection (b)’’. Pub. L. 101–510, § 613(b), substituted ‘‘September 30, 1992,’’ for ‘‘September 30, 1991,’’. Subsec. (b). Pub. L. 101–510, § 614(a), designated exist- ing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and added par. (2). Subsec. (e)(3). Pub. L. 101–510, § 1484(d)(3)(B), sub- stituted ‘‘November 29, 1989’’ for ‘‘the date of the enact- ment of the National Defense Authorization Act for Fiscal Years 1990 and 1991’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see sec- tion 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uni- formed Services note under section 2130a of Title 10, Armed Forces. 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. COVERAGE OF PERIOD OF LAPSED AUTHORITY For provisions relating to coverage of period of lapsed authority from Oct. 1, 1993, to Nov. 30, 1993, for payment of special pay authorized under this section, see section 611(d) of Pub. L. 103–160, set out as a note under section 2130a of Title 10, Armed Forces. For provisions relating to coverage of period of lapsed authority from Oct. 1, 1992, to Oct. 23, 1992, for payment of bonuses or other special pay under this sec- tion, see section 612(j)(2) of Pub. L. 102–484, set out as a note under section 301b of this title. IMPLEMENTATION OF SUBSECTION (b)(2) Pub. L. 101–510, div. A, title VI, § 614(c), Nov. 5, 1990, 104 Stat. 1578, provided that the Secretary of Defense could not implement subsec. (b)(2) of this section, un- less the Secretary submitted to the Committees on Armed Services of the Senate and House of Representa- tives a report justifying the need of the 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(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153. § 302f. Special pay: reserve, recalled, or retained health care officers (a) ELIGIBLE FOR SPECIAL PAY.—A health care officer described in subsection (b) shall be eligi- Page 64 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302g ble for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title (whichever applies) notwithstanding any requirement in those sec- tions that— (1) the call or order of the officer to active duty be for a period of not less than one year; or (2) the officer execute a written agreement to remain on active duty for a period of not less than one year. (b) HEALTH CARE OFFICERS DESCRIBED.—A health care officer referred to in subsection (a) is an officer of the armed forces who is other- wise eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title and who— (1) is a reserve officer on active duty (other than for training) under a call or order to ac- tive duty for a period of more than 30 days but less than one year; (2) is involuntarily retained on active duty under section 12305 of title 10, or is recalled to active duty under section 688 of title 10 for a period of more than 30 days; or (3) voluntarily agrees to remain on active duty for a period of less than one year at a time when— (A) officers are involuntarily retained on active duty under section 12305 of title 10; or (B) the Secretary of Defense determines (pursuant to regulations prescribed by the Secretary) that special circumstances jus- tify the payment of special pay under this section. (c) MONTHLY PAYMENTS.—Payment of special pay pursuant to this section may be made on a monthly basis. The officer shall repay in the manner provided in section 303a(e) of this title any amount received under this section in ex- cess of the amount that corresponds to the ac- tual period of active duty served by the officer. (d) SPECIAL RULE FOR RESERVE MEDICAL AND DENTAL OFFICERS.—While a reserve medical or dental officer receives a special pay under sec- tion 302 or 302b of this title by reason of sub- section (a), the officer shall not be entitled to special pay under section 302(h) or 302b(h) of this title. (Added Pub. L. 102–190, div. A, title VI, § 634(a), Dec. 5, 1991, 105 Stat. 1381; amended Pub. L. 104–106, div. A, title XV, § 1501(d)(4)(A), Feb. 10, 1996, 110 Stat. 500; Pub. L. 106–398, § 1 [[div. A], title VI, § 625(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153; Pub. L. 109–163, div. A, title VI, § 687(b)(9), Jan. 6, 2006, 119 Stat. 3329.) Editorial Notes AMENDMENTS 2006—Subsec. (c). Pub. L. 109–163 substituted ‘‘repay in the manner provided in section 303a(e) of this title’’ for ‘‘refund’’. 2000—Subsec. (d). Pub. L. 106–398 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘While a reserve medical officer receives a special pay under section 302 of this title by reason of subsection (a), the officer shall not be enti- tled to special pay under subsection (h) of that sec- tion.’’ 1996—Subsec. (b)(2), (3)(A). Pub. L. 104–106 substituted ‘‘section 12305 of title 10’’ for ‘‘section 673c of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces. 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. ACTIVE DUTY IN CONNECTION WITH OPERATION DESERT STORM Pub. L. 102–25, title III, § 304, Apr. 25, 1991, 105 Stat. 81, as amended by Pub. L. 102–190, div. A, title VI, § 656, Dec. 5, 1991, 105 Stat. 1393, provided that: ‘‘(a) ELIGIBLE FOR SPECIAL PAY.—A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), notwith- standing any requirement in those sections that— ‘‘(1) the call or order of the officer to active duty be for a period of not less than one year; or ‘‘(2) the officer execute a written agreement to re- main on active duty for a period of not less than one year. ‘‘(b) HEALTH CARE OFFICERS DESCRIBED.—A health care officer referred to in subsection (a) is an officer of the Armed Forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code, and who— ‘‘(1) is a reserve officer on active duty under a call or order to active duty for a period of less than one year in connection with Operation Desert Storm; ‘‘(2) is involuntarily retained on active duty under section 673c [now 12305] of title 10, United States Code, or is recalled to active duty under section 688 of that title, in connection with Operation Desert Storm; or ‘‘(3) voluntarily agrees to remain on active duty for a period of less than one year in connection with Op- eration Desert Storm. ‘‘(c) MONTHLY PAYMENTS.—Payment of special pay pursuant to this section may be made on a monthly basis. If the service on active duty of an officer de- scribed in subsection (b) is terminated before the end of the period for which a payment is made to the officer under subsection (a), the officer is entitled to special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), only for the portion of that period that the officer actually served on active duty. The officer shall refund any amount re- ceived in excess of the amount that corresponds to the period of active duty of the officer. ‘‘(d) SPECIAL RULE FOR RESERVE MEDICAL OFFICER.— While a reserve medical officer receives a special pay under section 302 of title 37, United States Code, by op- eration of subsection (a), the officer shall not be enti- tled to special pay under subsection (h) of that section. ‘‘(e) 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.’’ § 302g. Special pay: Selected Reserve health care professionals in critically short wartime spe- cialties (a) SPECIAL PAY AUTHORIZED.—An officer of a reserve component of the armed forces described