37 U.S.C. § 372 — Continuation of pays during hospitaliza-

Page 150 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 371 the Senate and House of Representatives that such implementation shall not have a detrimental effect on the force structure of an Armed Force con- cerned, including with regard to recruiting or re- tention of members in the regular component of such Armed Force. ‘‘(2) EVALUATION OF TYPES OF SPECIAL AND INCENTIVE PAY.—In making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incen- tive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay.’’ SUBCHAPTER III—GENERAL PROVISIONS § 371. Relationship to other incentives and pays (a) TREATMENT.—A bonus or incentive pay paid to a member of the uniformed services under subchapter II is in addition to any other pay and allowance to which a member is enti- tled, unless otherwise provided under this chap- ter. (b) EXCEPTION.—A member may not receive a bonus or incentive pay under both subchapter I and subchapter II for the same activity, skill, or period of service. (c) RELATIONSHIP TO OTHER COMPUTATIONS.— The amount of a bonus or incentive pay to which a member is entitled under subchapter II may not be included in computing the amount of— (1) any increase in pay authorized by any other provision of this title; or (2) any retired pay, retainer pay, separation pay, or disability severance pay. (Added Pub. L. 110–181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 176.) § 372. Continuation of pays during hospitaliza- tion and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action (a) CONTINUATION OF PAYS.—If a member of a regular or reserve component of a uniformed service incurs a wound, injury, or illness in the line of duty while serving in a combat operation or a combat zone, while serving in a hostile fire area, or while exposed to a hostile fire event, as described under section 351 of this title, and is hospitalized for treatment of the wound, injury, or illness, the Secretary concerned may con- tinue to pay to the member, notwithstanding any provision of this chapter to the contrary, all pay and allowances (including any bonus, incen- tive pay, or similar benefit) that were being paid to the member at the time the member incurred the wound, injury, or illness. (b) DURATION.—The payment of pay and allow- ances to a member under subsection (a) may continue until the end of the first month begin- ning after the earliest of the following dates: (1) The date on which the member is re- turned for assignment to other than a medical or patient unit for duty; however, in the case of a member under the jurisdiction of a Sec- retary of a military department, the date on which the member is determined fit for duty. (2) One year after the date on which the member is first hospitalized for the treatment of the wound, injury, or illness, except that the Secretary concerned may extend the ter- mination date in six-month increments. (3) The date on which the member is dis- charged, separated, or retired (including tem- porary disability retirement) from the uni- formed services. (c) BONUS, INCENTIVE PAY, OR SIMILAR BENEFIT DEFINED.—In this section, the term ‘‘bonus, in- centive pay, or similar benefit’’ means a bonus, incentive pay, special pay, or similar payment paid to a member of the uniformed services under this title or title 10. (Added Pub. L. 110–181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 176; amended Pub. L. 116–92, div. A, title VI, § 601, Dec. 20, 2019, 133 Stat. 1423.) Editorial Notes AMENDMENTS 2019—Subsec. (b)(1). Pub. L. 116–92 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The date on which the member is returned for assign- ment to other than a medical or patient unit for duty.’’ § 373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termi- nation of remaining payments, when condi- tions of payment not met (a) REPAYMENT AND TERMINATION.—Except as provided in subsection (b), a member of the uni- formed 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, in- centive pay, or similar benefit after the member fails to satisfy such service or eligibility re- quirement. (b) EXCEPTIONS.— (1) DISCRETION TO PROVIDE EXCEPTION TO TER- MINATION AND REPAYMENT REQUIREMENTS.— Pursuant to the regulations prescribed to ad- minister this section, the Secretary concerned may grant an exception to the repayment re- quirement and requirement to terminate the payment of unpaid amounts of a bonus, incen- tive 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 pol- icy 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 con- cerned— (i) shall not require repayment by the member or the member’s estate of the un- earned portion of any bonus, incentive pay,