37 U.S.C. § 312a — Untitled legal text

Page 110 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 312a ‘‘(1) The amendments made by this section [amending this section and sections 312b and 312c of this title] shall take effect as of October 1, 1997. ‘‘(2) The amendments made by subsections (a) and (b) [amending this section and section 312b of this title] shall apply with respect to agreements accepted under sections 312(a) and 312b(a), respectively, of title 37, United States Code, on or after October 1, 1997.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title VI, § 632(d), Nov. 8, 1985, 99 Stat. 646, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 312b and 312c of this title] shall take effect on October 1, 1985.’’ EFFECTIVE DATE OF 1980 AMENDMENTS Pub. L. 96–579, § 2(d)(1), Dec. 23, 1980, 94 Stat. 3360, pro- vided: ‘‘The amendments made by subsection (a)(1) [amending this section] shall apply only with respect to active-duty agreements under section 312 of title 37, United States Code, executed on or after the first day of the first month following the month in which this section is enacted [Dec. 1980].’’ Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–356, § 5, July 12, 1976, 90 Stat. 904, provided that: ‘‘This Act [enacting section 312b of this title, amending this section, and enacting provisions set out as notes under this section and section 301 of this title] becomes effective on the first day of the first month after enactment [Aug. 1, 1976], except that section 312c of title 37, United States Code, as added by this Act, is effective as of October 1, 1975.’’ 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. EFFECT OF AMENDMENT BY PUB. L. 110–181 ON EXISTING AGREEMENTS Pub. L. 110–181, div. A, title VI, § 621(b), Jan. 28, 2008, 122 Stat. 152, provided that: ‘‘The Secretary of the Navy and an officer of the naval service who is a party to an agreement under section 312 of title 37, United States Code, that was entered into before the date of the en- actment of this Act [Jan. 28, 2008] may revise the agree- ment to reflect the new limitation on the number of years of commissioned service that the officer may serve while remaining eligible for special pay under such section.’’ ACTIVE SERVICE AGREEMENTS FOR NUCLEAR QUALIFIED OFFICERS Pub. L. 97–60, title I, § 118, Oct. 14, 1981, 95 Stat. 997, provided that: ‘‘Notwithstanding subsections (a) and (b) of section 312 of title 37, United States Code, and under regulations prescribed by the Secretary of the Navy, the Secretary of the Navy may permit an officer of the naval service who is performing obligated service as the result of an active-service agreement executed under such section before January 1, 1981, to cancel that active-service agreement effective on the day be- fore an anniversary of the day on which that agreement was executed and execute a new active-service agree- ment under such section for one period of four years. Any such cancellation of an existing agreement and execution of a new agreement may be effective on the day before an anniversary date occurring on or after January 1, 1981.’’ EXCHANGE OF ACTIVE SERVICE AGREEMENTS BY NAVAL OFFICERS Pub. L. 94–356, § 4, July 12, 1976, 90 Stat. 903, provided that: ‘‘Notwithstanding any other provision of this Act [enacting section 312b and 312c of this title, amending this section, and enacting provisions set out as notes under this section and section 301 of this title] or any other provision of law, and under regulations pre- scribed by the Secretary of the Navy, an officer of the naval service who, on or after the effective date of this Act [see Effective Date of 1976 Amendment above], is, or will be, performing obligated service as the result of an active service agreement executed in accordance with section 312 of title 37, United States Code as it ex- isted at any time before the effective date of this Act, may be permitted— ‘‘(1) as of the last day of the first year of that obli- gated service, to cancel that active service agreement in exchange for a new active service agreement in ac- cordance with section 312 of title 37, as amended by this Act; or ‘‘(2) as of the last day of any year, other than the last year, of that obligated service, to cancel that ac- tive service agreement in exchange for eligibility for the annual bonus authorized by section 312c of title 37, as added by this Act, and an agreement to remain on active duty for a period of time equal to the period of obligated service remaining under that active serv- ice agreement.’’ [§ 312a. Repealed. Pub. L. 109–163, div. A, title VI, § 629(d)(1), Jan. 6, 2006, 119 Stat. 3297] Section, added Pub. L. 92–581, § 1(3), Oct. 27, 1972, 86 Stat. 1277; amended Pub. L. 97–295, § 3(3), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117, related to special pay for nuclear- trained and qualified enlisted members. § 312b. Special pay: nuclear career accession bonus (a)(1) Under regulations prescribed by the Sec- retary of the Navy, an individual who is selected for officer naval nuclear power training and who executes a written agreement to participate in a program of training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants may be paid a bonus not to exceed $30,000 upon acceptance by the Secretary of the written agreement. Upon acceptance of the agreement by the Secretary, the amounts payable upon selection for training and upon completion of training, respectively, as determined under subsection (b), shall be- come fixed. (2) An officer who does not commence or com- plete satisfactorily the nuclear power training specified in the agreement under paragraph (1) shall be subject to the repayment provisions of section 303a(e) of this title. (b) The Secretary of the Navy shall determine annually the total amount of the bonus to be paid under this section and of that amount the portions that are to be paid— (1) upon selection for officer naval nuclear power training; and (2) upon successful completion, as a commis- sioned officer, of training for duty in connec- tion with the supervision, operation, and maintenance of naval nuclear propulsion plants. (c) The provisions of this section shall be ef- fective only in the case of officers who, on or be-