37 U.S.C. § 357 — Special and incentive pay authorities for

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 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,