37 U.S.C. § 301e — Multiyear retention bonus: dental officers

Page 49 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 301e 1 See References in Text note below. Editorial Notes AMENDMENTS 2008—Subsec. (a)(2). Pub. L. 110–181 substituted ‘‘$75,000’’ for ‘‘$50,000’’. 2006—Subsec. (c). Pub. L. 109–163 amended heading and text of subsec. (c) generally, substituting provi- sions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds re- quired when officer fails to complete total period of ac- tive duty. 2002—Subsec. (a)(2). Pub. L. 107–314 substituted ‘‘$50,000’’ for ‘‘$14,000’’. 1992—Subsec. (c)(2). Pub. L. 102–484, § 1054(a)(2)(A), substituted ‘‘owed’’ for ‘‘owned’’. Subsec. (c)(3). Pub. L. 102–484, § 1054(a)(2)(B), sub- stituted ‘‘November 5, 1990’’ for ‘‘the date of the enact- ment of the National Defense Authorization Act for Fiscal Year 1991’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title VI, § 615(c), Jan. 28, 2008, 122 Stat. 150, provided that: ‘‘The amendments made by this section [amending this section and section 302 of this title] shall apply with respect to agreements en- tered into under section 301d(a) or 302b(c) of title 37, United States Code, on or after the date of the enact- ment of this Act [Jan. 28, 2008].’’ 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. APPLICATION OF INCREASE Pub. L. 107–314, div. A, title VI, § 615(i), Dec. 2, 2002, 116 Stat. 2569, provided that: ‘‘In the case of an amend- ment made by this section [amending sections 301d, 301e, 302, 302a, 302d, 302e, and 302i of this title and sec- tion 2130a of Title 10, Armed Forces] to increase the maximum amount of a special pay or bonus that may be paid during any 12-month period, the amended limi- tation shall apply to 12-month periods beginning after September 30, 2002.’’ ELIGIBILITY OF FLAG AND GENERAL OFFICERS FOR MULTIYEAR RETENTION BONUS FOR MEDICAL OFFICERS Pub. L. 102–190, div. A, title VI, § 615, Dec. 5, 1991, 105 Stat. 1377, provided that: ‘‘(a) REITERATING INELIGIBILITY.—The restriction con- tained in subsection (b)(2) of section 301d of title 37, United States Code, on the eligibility of flag and gen- eral officers serving as full-time physicians to receive a multiyear retention bonus under that section shall not be construed as being limited, modified, or super- seded by any provision of law, whether enacted before, on, or after the date of the enactment of this Act [Dec. 5, 1991], unless that provision of law— ‘‘(1) specifically refers to that section and this sub- section; and ‘‘(2) identifies the flag and general officers affected by that provision. ‘‘(b) SAVINGS PROVISION.—(1) A medical officer of the Armed Forces who is a flag or general officer and has received any payment of a bonus under section 301d of title 37, United States Code, before the date of the en- actment of this Act [Dec. 5, 1991] may not be required to reimburse the United States for such payment by reason of the enactment of subsection (a). ‘‘(2) A written agreement referred to in section 301d of title 37, United States Code, that was entered into on or after April 10, 1991, and before the date of the enact- ment of this Act [Dec. 5, 1991] by a medical officer of the Armed Forces referred to in paragraph (1) in ex- change for a payment (or a promise of payment) of a bonus under that section shall be terminated as of the later of— ‘‘(A) the end of the month following the month in which this Act is enacted; or ‘‘(B) the end of the period covered by the bonus pay- ment or payments received by that officer as de- scribed in that paragraph.’’ Pub. L. 102–172, title VIII, § 8084, Nov. 26, 1991, 105 Stat. 1192, provided that: ‘‘Restrictions provided under subsection (b)(2) of section 301d of title 37, United States Code, as authorized by the National Defense Au- thorization Act for Fiscal Year 1991 (Public Law 101–510), and hereafter, shall not apply in the case of flag or general officers serving as full-time practicing physicians.’’ TERMINATION OF EXISTING RETENTION BONUS AGREEMENT Pub. L. 101–510, div. A, title VI, § 611(b), Nov. 5, 1990, 104 Stat. 1576, provided that: ‘‘(1) Subject to the approval of the Secretary of the military department concerned, a medical officer who is eligible to enter into a retention bonus agreement under section 301d of title 37, United States Code (as added by subsection (a)) may terminate any existing retention bonus agreement entered into by that officer under [section] 612 of the National Defense Authoriza- tion Act, Fiscal Year 1989 [Pub. L. 100–456] (37 U.S.C. 302 note), in order to enter into an agreement under sec- tion 301d of such title containing an active-duty service obligation that is not less than the active-duty service obligation remaining under the existing agreement on the date of its termination. ‘‘(2) Subsection (e) of section 612 of the National De- fense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note), shall not apply to the termination, pursuant to paragraph (1), of a retention bonus agreement under that section.’’ § 301e. Multiyear retention bonus: dental officers of the armed forces (a) BONUS AUTHORIZED.—(1) A dental officer de- scribed in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department con- cerned, be paid a retention bonus as provided in this section. (2) The amount of a retention bonus under paragraph (1) may not exceed $50,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment. (b) OFFICERS AUTOMATICALLY ELIGIBLE.—Sub- section (a) applies to an officer of the armed forces who— (1) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; (2) has a dental specialty in oral and maxil- lofacial surgery; (3) is in a pay grade below pay grade O–7; (4) has at least eight years of creditable service (computed as described in section 302b(g) 1 of this title) or has completed any ac- Page 50 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302 tive-duty service commitment incurred for dental education and training; and (5) has completed initial residency training (or will complete such training before Sep- tember 30 of the fiscal year in which the offi- cer enters into an agreement under subsection (a)). (c) EXTENSION OF BONUS TO OTHER DENTAL OF- FICERS.—At the discretion of the Secretary of the military department concerned, the Sec- retary may enter into a written agreement de- scribed in subsection (a)(1) with a dental officer who does not have the dental specialty specified in subsection (b)(2), and pay a retention bonus to such an officer as provided in this section, if the officer otherwise satisfies the eligibility require- ments specified in subsection (b). The Secre- taries shall exercise the authority provided in this section in a manner consistent with regula- tions prescribed by the Secretary of Defense. (d) REPAYMENT.—An officer who does not com- plete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title. (Added Pub. L. 105–85, div. A, title VI, § 617(a), Nov. 18, 1997, 111 Stat. 1788; amended Pub. L. 107–314, div. A, title VI, § 615(b), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, § 687(b)(3), Jan. 6, 2006, 119 Stat. 3328.) Editorial Notes REFERENCES IN TEXT Section 302b(g) of this title, referred to in subsec. (b)(4), was redesignated section 302b(f) of this title by Pub. L. 109–163, div. A, title VI, § 687(b)(6)(D), Jan. 6, 2006, 119 Stat. 3328. AMENDMENTS 2006—Subsec. (d). Pub. L. 109–163 amended heading 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 complete total period of ac- tive duty. 2002—Subsec. (a)(2). Pub. L. 107–314 substituted ‘‘$50,000’’ for ‘‘$14,000’’. Statutory Notes and Related Subsidiaries 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. APPLICATION OF INCREASE In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title. § 302. Special pay: medical officers of the armed forces (a) VARIABLE, ADDITIONAL, AND BOARD CERTIFI- CATION SPECIAL PAY.—(1) An officer who is an of- ficer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection. (2) An officer described in paragraph (1) who is serving in a pay grade below pay grade O–7 is en- titled to variable special pay at the following rates: (A) $1,200 per year, if the officer is under- going medical internship training. (B) $5,000 per year, if the officer has less than six years of creditable service and is not un- dergoing medical internship training. (C) $12,000 per year, if the officer has at least six but less than eight years of creditable serv- ice. (D) $11,500 per year, if the officer has at least eight but less than ten years of creditable service. (E) $11,000 per year, if the officer has at least ten but less than twelve years of creditable service. (F) $10,000 per year, if the officer has at least twelve but less than fourteen years of cred- itable service. (G) $9,000 per year, if the officer has at least fourteen but less than eighteen years of cred- itable service. (H) $8,000 per year, if the officer has at least eighteen but less than twenty-two years of creditable service. (I) $7,000 per year, if the officer has twenty- two or more years of creditable service. (3) An officer described in paragraph (1) who is serving in a pay grade above pay grade O–6 is en- titled to variable special pay at the rate of $7,000 per year. (4) Subject to subsection (c), an officer enti- tled to variable special pay under paragraph (2) or (3) is entitled to additional special pay of $15,000 for any twelve-month period during which the officer is not undergoing medical in- ternship or initial residency training. (5) An officer who is entitled to variable spe- cial pay under paragraph (2) or (3) and who is board certified is entitled to additional special pay at the following rates: (A) $2,500 per year, if the officer has less than ten years of creditable service. (B) $3,500 per year, if the officer has at least ten but less than twelve years of creditable service. (C) $4,000 per year, if the officer has at least twelve but less than fourteen years of cred- itable service. (D) $5,000 per year, if the officer has at least fourteen but less than eighteen years of cred- itable service. (E) $6,000 per year, if the officer has eighteen or more years of creditable service. (b) INCENTIVE SPECIAL PAY.—(1) Subject to subsection (c) and paragraph (2) and under regu- lations prescribed under section 303a(a) of this title, an officer who is entitled to variable spe- cial pay under subsection (a)(2) may be paid in- centive special pay for any twelve-month period during which the officer is not undergoing med-