37 U.S.C. § 302g — Special pay: Selected Reserve health care

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 Page 65 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302g in subsection (b) who executes a written agree- ment under which the officer agrees to serve in the Selected Reserve of an armed force for a pe- riod of not less than one year nor more than three years, beginning on the date the officer ac- cepts the award of special pay under this sec- tion, may be paid special pay at an annual rate not to exceed $25,000. (b) ELIGIBLE OFFICERS.—An officer referred to in subsection (a) is an officer in a health care profession who is qualified in a specialty des- ignated by regulations as a critically short war- time specialty. (c) TIME FOR PAYMENT.—Special pay under this section shall be paid annually at the beginning of each twelve-month period for which the offi- cer has agreed to serve. (d) REPAYMENT.—An officer who does not com- plete the period of service in the Selected Re- serve specified in the agreement entered into under subsection (a) shall be subject to the re- payment provisions of section 303a(e) of this title. (e) TERMINATION OF AGREEMENT AUTHORITY.— No agreement under this section may be entered into after December 31, 2018. (Added Pub. L. 104–106, div. A, title VI, § 614(a)(1), Feb. 10, 1996, 110 Stat. 360; amended Pub. L. 104–201, div. A, title VI, § 611(a), Sept. 23, 1996, 110 Stat. 2543; Pub. L. 105–85, div. A, title VI, § 611(a), Nov. 18, 1997, 111 Stat. 1785; Pub. L. 105–261, div. A, title VI, § 611(a), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106–65, div. A, title VI, § 611(a), Oct. 5, 1999, 113 Stat. 649; Pub. L. 106–398, § 1 [[div. A], title VI, § 621(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–151; Pub. L. 107–107, div. A, title VI, § 611(a), Dec. 28, 2001, 115 Stat. 1135; Pub. L. 107–314, div. A, title VI, § 612(e), Dec. 2, 2002, 116 Stat. 2567; Pub. L. 108–136, div. A, title VI, § 612(e), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 612(e), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 622(e), 687(b)(10), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, §§ 612(e), 616(a), Oct. 17, 2006, 120 Stat. 2248, 2249; Pub. L. 110–181, div. A, title VI, § 612(e), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, § 612(e), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, § 612(b)(4), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 612(b)(4), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, § 612(b)(4), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 612(b)(4), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 612(b)(4), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 612(b)(4), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 612(b)(4), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 612(b)(4), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 612(b)(4), Dec. 12, 2017, 131 Stat. 1422.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 100–456, div. A, title VI, § 613, Sept. 29, 1988, 102 Stat. 1981, which was set out as a note under section 302 of this title, prior to repeal by Pub. L. 104–106, § 614(c)(1). AMENDMENTS 2017—Subsec. (e). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (e). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (e). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (e). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (e). Pub. L. 113–66 substituted ‘‘Decem- ber 31, 2014’’ for ‘‘December 31, 2013’’. Pub. L. 112–239 substituted ‘‘December 31, 2013’’ for ‘‘December 31, 2012’’. 2011—Subsec. (e). Pub. L. 112–81 substituted ‘‘Decem- ber 31, 2012’’ for ‘‘December 31, 2011’’. Pub. L. 111–383 substituted ‘‘December 31, 2011’’ for ‘‘December 31, 2010’’. 2009—Subsec. (e). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (e). Pub. L. 110–417 substituted ‘‘Decem- ber 31, 2009’’ for ‘‘December 31, 2008’’. Pub. L. 110–181 substituted ‘‘December 31, 2008’’ for ‘‘December 31, 2007’’. 2006—Subsec. (a). Pub. L. 109–364, § 616(a), substituted ‘‘$25,000’’ for ‘‘$10,000’’. Subsec. (d). Pub. L. 109–163, § 687(b)(10)(A), (B), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: ‘‘An officer who volun- tarily terminates service in the Selected Reserve of an armed force before the end of the period for which a payment was made to such officer under this section shall refund to the United States the full amount of the payment made for the period on which the payment was based.’’ Subsec. (e). Pub. L. 109–364, § 612(e), substituted ‘‘De- cember 31, 2007’’ for ‘‘December 31, 2006’’. Pub. L. 109–163, § 687(b)(10)(A), (C), redesignated sub- sec. (f) as (e) and struck out heading and text of former subsec. (e). Text read as follows: ‘‘A discharge in bank- ruptcy under title 11 that is entered less than five years after the termination of an agreement under this sec- tion does not discharge the person receiving special pay under the agreement from the debt arising under the agreement.’’ Subsec. (f). Pub. L. 109–163, § 687(b)(10)(C), redesig- nated subsec. (f) as (e). Pub. L. 109–163, § 622(e), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2005’’. 2004—Subsec. (f). Pub. L. 108–375 substituted ‘‘Decem- ber 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (f). Pub. L. 108–136 substituted ‘‘Decem- ber 31, 2004’’ for ‘‘December 31, 2003’’. 2002—Subsec. (f). Pub. L. 107–314 substituted ‘‘Decem- ber 31, 2003’’ for ‘‘December 31, 2002’’. 2001—Subsec. (f). Pub. L. 107–107 substituted ‘‘Decem- ber 31, 2002’’ for ‘‘December 31, 2001’’. 2000—Subsec. (f). Pub. L. 106–398 substituted ‘‘Decem- ber 31, 2001’’ for ‘‘December 31, 2000’’. 1999—Subsec. (f). Pub. L. 106–65 substituted ‘‘Decem- ber 31, 2000’’ for ‘‘December 31, 1999’’. 1998—Subsec. (f). Pub. L. 105–261 substituted ‘‘Decem- ber 31, 1999’’ for ‘‘September 30, 1999’’. 1997—Subsec. (f). Pub. L. 105–85 substituted ‘‘Sep- tember 30, 1999’’ for ‘‘September 30, 1998’’. 1996—Subsec. (f). Pub. L. 104–201 substituted ‘‘Sep- tember 30, 1998’’ for ‘‘September 30, 1997’’. 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. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title VI, § 616(b), Oct. 17, 2006, 120 Stat. 2249, provided that: ‘‘The amendment made by Page 66 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302h subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements en- tered into or revised under section 302g of title 37, United States Code, on or after that date.’’ 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. § 302h. Special pay: accession bonus for dental officers (a) ACCESSION BONUS AUTHORIZED.—(1) A per- son who is a graduate of an accredited dental school and who, during the period beginning on September 23, 1996, and ending on December 31, 2018, executes a written agreement described in subsection (c) to accept a commission as an offi- cer of the armed forces and remain on active duty for a period of not less than four years may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the Sec- retary concerned. (2) The amount of an accession bonus under paragraph (1) may not exceed $200,000. (b) LIMITATION ON ELIGIBILITY FOR BONUS.—A person may not be paid a bonus under subsection (a) if— (1) the person, in exchange for an agreement to accept an appointment as an officer, re- ceived financial assistance from the Depart- ment of Defense to pursue a course of study in dentistry; or (2) the Secretary concerned determines that the person is not qualified to become and re- main certified and licensed as a dentist. (c) AGREEMENT.—The agreement referred to in subsection (a) shall provide that, consistent with the needs of the armed service concerned, the person executing the agreement will be as- signed to duty, for the period of obligated serv- ice covered by the agreement, as an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer. (d) REPAYMENT.—A person who, after signing an agreement under subsection (a), is not com- missioned as an officer of the armed forces, does not become licensed as a dentist, or does not complete the period of active duty specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title. (Added Pub. L. 104–201, div. A, title VI, § 615(c)(1), Sept. 23, 1996, 110 Stat. 2545; amended Pub. L. 107–107, div. A, title VI, § 618, Dec. 28, 2001, 115 Stat. 1137; Pub. L. 107–314, div. A, title VI, § 612(f), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, § 612(f), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 612(f), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 622(f), 687(b)(11), Jan. 6, 2006, 119 Stat. 3294, 3329; Pub. L. 109–364, div. A, title VI, §§ 612(f), 617(a), Oct. 17, 2006, 120 Stat. 2248, 2249; Pub. L. 110–181, div. A, title VI, § 612(f), Jan. 28, 2008, 122 Stat. 148; Pub. L. 110–417, [div. A], title VI, § 612(f), Oct. 14, 2008, 122 Stat. 4484; Pub. L. 111–84, div. A, title VI, § 612(b)(5), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 612(b)(5), Jan. 7, 2011, 124 Stat. 4236; Pub. L. 112–81, div. A, title VI, § 612(b)(5), Dec. 31, 2011, 125 Stat. 1449; Pub. L. 112–239, div. A, title VI, § 612(b)(5), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 612(b)(5), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 612(b)(5), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 612(b)(5), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 612(b)(5), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 612(b)(5), Dec. 12, 2017, 131 Stat. 1422.) 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, § 612(f), sub- stituted ‘‘December 31, 2007’’ for ‘‘December 31, 2006’’. Pub. L. 109–163, § 622(f), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2005’’. Subsec. (a)(2). Pub. L. 109–364, § 617(a), substituted ‘‘$200,000’’ for ‘‘$30,000’’. Subsec. (d). Pub. L. 109–163, § 687(b)(11), amended head- ing and text of subsec. (d) generally, substituting provi- sions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds re- quired when officer fails to become and remain cer- tified or licensed as dentist or fails to complete total period of active 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 substituted ‘‘De- cember 31, 2003’’ for ‘‘December 31, 2002’’. 2001—Subsec. (a)(1). Pub. L. 107–107 substituted ‘‘Sep- tember 23, 1996, and ending on December 31, 2002’’ for ‘‘the date of the enactment of this section, and ending on September 30, 2002’’. 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. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title VI, § 617(e), Oct. 17, 2006, 120 Stat. 2251, provided that: ‘‘The amendments made