37 U.S.C. § 356 — Continuation pay: full TSP members with 7

Page 148 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 356 Pub. L. 109–163, § 624(e), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2005’’. 2004—Subsec. (a). Pub. L. 108–375, § 621, inserted ‘‘other than an enlisted member referred to in para- graph (3),’’ after ‘‘enlisted member,’’ in par. (2) and added par. (3). Subsec. (h). Pub. L. 108–375, § 1084(e)(2), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary of Transportation’’ in introductory provisions. Subsec. (i). Pub. L. 108–375, § 614(e), substituted ‘‘De- cember 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (a). Pub. L. 108–136, § 1045(b)(1), sub- stituted ‘‘one year’’ for ‘‘1 year’’ in pars. (1) and (2). Subsec. (b). Pub. L. 108–136, § 622, struck out ‘‘(1)’’ be- fore ‘‘A designated’’ and par. (2) which read as follows: ‘‘The Secretary of Defense, and the Secretary of Home- land Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall notify Congress, in advance, of each military skill to be des- ignated by the Secretary as critical for purposes of this section. The notice shall be submitted at least 90 days before any bonus with regard to that critical skill is of- fered under subsection (a) and shall include a discus- sion of the necessity for the bonus, the amount and method of payment of the bonus, and the retention re- sults that the bonus is expected to achieve.’’ Subsec. (i). Pub. L. 108–136, § 614(d), substituted ‘‘De- cember 31, 2004’’ for ‘‘December 31, 2003’’. 2002—Subsec. (b). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’ in pars. (1) and (2). Subsec. (d). Pub. L. 107–314, § 618(a), designated exist- ing provisions as par. (1) and added par. (2). Subsec. (e). Pub. L. 107–314, § 618(b), designated exist- ing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsec. (g)(1). Pub. L. 107–296 substituted ‘‘of Home- land Security’’ for ‘‘of Transportation’’. Subsec. (i). Pub. L. 107–314, § 614(d), substituted ‘‘De- cember 31, 2003’’ for ‘‘December 31, 2002’’. 2001—Subsec. (i). Pub. L. 107–107 substituted ‘‘Decem- ber 31, 2002’’ for ‘‘December 31, 2001’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by section 614(d) of Pub. L. 110–181 effec- tive as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bo- nuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE Pub. L. 106–398, § 1 [[div. A], title VI, § 633(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–158, provided that: ‘‘Section 323 [now 355] of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2000.’’ 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. § 356. Continuation pay: full TSP members with 7 to 12 years of service (a) CONTINUATION PAY.—The Secretary con- cerned shall make a payment of continuation pay to each full TSP member (as defined in sec- tion 8440e(a) of title 5) of the uniformed services under the jurisdiction of the Secretary who— (1) has completed not less than 7 and not more than 12 years of service in a uniformed service; and (2) enters into an agreement with the Sec- retary to serve for not less than 3 additional years of obligated service. (b) PAYMENT AMOUNT.—The Secretary con- cerned shall determine the payment amount under this section as a multiple of a full TSP member’s monthly basic pay. The multiple for a full TSP member who is a member of a regular component or a reserve component, if the mem- ber is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10), shall not be less than 2.5 times the member’s monthly basic pay. The multiple for a full TSP member who is a member of a reserve component not performing active Guard or Reserve duty (as so defined) shall not be less than 0.5 times the monthly basic pay to which the member would be entitled if the member were a member of a regular component. The maximum amount the Secretary concerned may pay a member under this section is— (1) in the case of a member of a regular com- ponent— (A) the monthly basic pay of the member at 12 years of service multiplied by 2.5; plus (B) at the discretion of the Secretary con- cerned, the monthly basic pay of the mem- ber at 12 years of service multiplied by such number of months (not to exceed 13 months) as the Secretary concerned shall specify in the agreement of the member under sub- section (a); and (2) in the case of a member of a reserve com- ponent— (A) the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a mem- ber of a regular component multiplied by 0.5; plus (B) at the discretion of the Secretary con- cerned, the amount of monthly basic pay de- scribed in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a). (c) ADDITIONAL DISCRETIONARY AUTHORITY.—In addition to the continuation pay required under subsection (a), the Secretary concerned may provide continuation pay under this subsection to a full TSP member described in subsection (a), and subject to the service agreement re- ferred to in paragraph (2) of such subsection, in an amount determined by the Secretary con- cerned. (d) TIMING OF PAYMENT.—The Secretary con- cerned shall pay continuation pay under sub- section (a) to a full TSP member when the mem- Page 149 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 357 1 So in original. ber has completed not less than 7 and not more than 12 years of service in a uniformed service. (e) LUMP SUM OR INSTALLMENTS.—A full TSP member may elect to receive continuation pay provided under subsection (a) or (c) in a lump sum or in a series of not more than four pay- ments. (f) RELATIONSHIP TO OTHER PAY AND ALLOW- ANCES.—Continuation pay under this section is in addition to any other pay or allowance to which the full TSP member is entitled. (g) REPAYMENT.—A full TSP member who re- ceives continuation pay under this section (a) 1 and fails to complete the obligated service re- quired under such subsection shall be subject to the repayment provisions of section 373 of this title. (h) REGULATIONS.—Each Secretary concerned shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 114–92, div. A, title VI, § 634(a), Nov. 25, 2015, 129 Stat. 850; amended Pub. L. 114–328, div. A, title VI, § 633(a)–(d)(1), Dec. 23, 2016, 130 Stat. 2163; Pub. L. 118–31, div. A, title VI, § 611(a), Dec. 22, 2023, 137 Stat. 290.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, § 611(a)(1), substituted ‘‘7’’ for ‘‘8’’ in section catchline. Subsec. (a)(1). Pub. L. 118–31, § 611(a)(2), substituted ‘‘7’’ for ‘‘8’’. Subsec. (d). Pub. L. 118–31, § 611(a)(2), substituted ‘‘7’’ for ‘‘8’’. 2016—Pub. L. 114–328, § 633(d)(1), substituted ‘‘Continu- ation pay: full TSP members with 8 to 12 years of serv- ice’’ for ‘‘Continuation pay: full TSP members with 12 years of service’’ in section catchline. Subsec. (a)(1). Pub. L. 114–328, § 633(a)(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘completes 12 years of service; and’’. Subsec. (a)(2). Pub. L. 114–328, § 633(a)(2), substituted ‘‘not less than 3 additional years’’ for ‘‘an additional 4 years’’. Subsec. (b). Pub. L. 114–328, § 633(b), substituted head- ing and introductory provisions for former heading and introductory provisions which read as follows: ‘‘AMOUNT.—The amount of continuation pay payable to a full TSP member under subsection (a) shall be the amount that is equal to—’’. Subsec. (d). Pub. L. 114–328, § 633(c), amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member completes 12 years of service. If the Secretary concerned also provides continuation pay under sub- section (c) to the member, that continuation pay shall be provided when the member completes 12 years of service.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. A, title VI, § 633(e), Dec. 23, 2016, 130 Stat. 2163, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments providing for section 356 of title 37, United States Code, to which the amendments made by this section relate.’’ EFFECTIVE DATE; IMPLEMENTATION Section effective Jan. 1, 2018, with certain implemen- tation requirements, see section 635 of Pub. L. 114–92, set out as an Effective Date of 2015 Amendment; Imple- mentation note under section 8432 of Title 5, Govern- ment Organization and Employees. § 357. Special and incentive pay authorities for members of the reserve components of the armed forces Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force special or incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills if the Sec- retary concerned is paying the member of the reserve component the special or incentive pay for the purpose of— (1) maintaining a skill certification or pro- ficiency identical to a skill certification or proficiency required of the member in the reg- ular component; or (2) compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was ex- posed. (Added Pub. L. 117–81, div. A, title VI, § 602(a), Dec. 27, 2021, 135 Stat. 1765; amended Pub. L. 118–31, div. A, title VI, § 612(a), (b)(1), Dec. 22, 2023, 137 Stat. 290.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, in section catchline, substituted ‘‘Special and incentive’’ for ‘‘Incentive’’ and, in text, substituted ‘‘special or incentive pay’’ for ‘‘incentive pay’’ and ‘‘if the Secretary concerned is paying the member of the reserve component the special or incen- tive pay for the purpose of—’’ for period, and added pars. (1) and (2). Statutory Notes and Related Subsidiaries IMPLEMENTATION OF SECTION Pub. L. 117–81, div. A, title VI, § 602(c), (d), Dec. 27, 2021, 135 Stat. 1765, as amended by Pub. L. 118–31, div. A, title VI, § 612(c), Dec. 22, 2023, 137 Stat. 291, provided that: ‘‘(c) REPORT.—Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Rep- resentatives a report containing— ‘‘(1) the plan of the Secretary to implement section 357 of such title [37 U.S.C. 357], as added by subsection (a); ‘‘(2) an estimate of the costs of such implementa- tion; ‘‘(3) the number of members described in such sec- tion; and ‘‘(4) any other matter the Secretary determines rel- evant. ‘‘(d) IMPLEMENTATION DATE.— ‘‘(1) IN GENERAL.—The Secretary shall not imple- ment section 357 of such title, as added by subsection (a) until after— ‘‘(A) submission of the report under subsection (c); and ‘‘(B) the Secretary determines and certifies in writing to the Committees on Armed Services of