37 U.S.C. § 310 — Special pay: duty subject to hostile fire or

Page 104 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 310 Stat. 149; Pub. L. 110–417, [div. A], title VI, § 614(d), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 615(4), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 615(4), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(4), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 615(4), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(4), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(4), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(4), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(4), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(4), Dec. 12, 2017, 131 Stat. 1423.) Editorial Notes PRIOR PROVISIONS A prior section 309, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 468, related to authority of Secretary concerned to provide for additional pay for performance of admin- istrative functions by officers of the National Guard and reserve components, prior to repeal by Pub. L. 96–107, title IV, § 404(a)(1), (b), Nov. 9, 1979, 93 Stat. 808, 809, applicable only with respect to administrative functions performed after Sept. 30, 1980. 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. 109–163, § 635, substituted ‘‘$40,000’’ for ‘‘$20,000’’. Subsec. (b). Pub. L. 109–163, § 687(b)(20), amended head- ing and text of subsec. (b) generally, substituting provi- sions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds re- quired when member is not technically qualified in skill for which bonus was paid or fails to complete term of enlistment for which bonus was paid. Subsec. (e). Pub. L. 109–364 substituted ‘‘December 31, 2007’’ for ‘‘December 31, 2006’’. Pub. L. 109–163, § 624(d), substituted ‘‘December 31, 2006’’ for ‘‘December 31, 2005’’. 2004—Subsec. (e). Pub. L. 108–375 substituted ‘‘Decem- ber 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (e). Pub. L. 108–136 substituted ‘‘Decem- ber 31, 2004’’ for ‘‘December 31, 2003’’. 2002—Subsec. (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Subsec. (e). Pub. L. 107–314 substituted ‘‘December 31, 2003’’ for ‘‘December 31, 2002’’. 2001—Subsec. (e). 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 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 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, § 624(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153, provided that: ‘‘The amendments made by subsection (a) [enacting this sec- tion] shall take effect on October 1, 2000, and apply with respect to enlistments in the Armed Forces made 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. § 310. Special pay: duty subject to hostile fire or imminent danger (a) ELIGIBILITY.—Under regulations prescribed by the Secretary of Defense, a member of a uni- formed service may be paid special pay under subsection (b) for any day or portion of a day in which— (1) the member was entitled to basic pay or compensation under section 204 or 206 of this title; and (2) the member— (A) was subject to hostile fire or explosion of hostile mines; (B) was on duty in an area in which the member was in imminent danger of being ex- posed to hostile fire or explosion of hostile mines and in which, during the period the member was on duty in the area, other mem- bers of the uniformed services were subject to hostile fire or explosion of hostile mines; (C) was killed, injured, or wounded by hos- tile fire, explosion of a hostile mine, or any other hostile action; or (D) was on duty in a foreign area in which the member was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, ter- rorism, or wartime conditions. (b) SPECIAL PAY AMOUNT.—(1) Except as pro- vided in paragraph (2), the amount of special pay authorized by subsection (a) for qualifying serv- ice during a day or portion of a day shall be the amount equal to 1/30th of the maximum month- ly amount of special pay payable to a member as specified in paragraph (3). (2) In the case of a member who is exposed to hostile fire or a hostile mine explosion event in Page 105 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 310 or for a day or portion of a day, the Secretary concerned may, at the election of the Secretary, pay the member special pay under subsection (a) for such service in an amount not to exceed the maximum monthly amount of special pay pay- able to a member as specified in paragraph (3). (3) The maximum monthly amount of special pay payable to a member under this subsection for any month is $225. (c) CONTINUATION DURING HOSPITALIZATION.— (1) A member described in paragraph (2) may be paid special pay under this section for any day (or portion of a day) of not more than three ad- ditional months during which the member is hospitalized as described in such paragraph. (2) Paragraph (1) applies with respect to a member who— (A) is injured or wounded under the cir- cumstances described in subsection (a)(2)(C) and is hospitalized for the treatment of the in- jury or wound; or (B) while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense and is hospitalized outside of the the- ater of the combat operation or the combat zone for the treatment of the wound, injury, or illness. (d) LIMITATIONS AND ADMINISTRATION.—(1) In the case of an area described in subparagraph (B) or (D) of subsection (a)(2), the Secretary of Defense shall be responsible for designating the period during which duty in the area will qualify members for special pay under this section. The effective date designated for the commencement of such a period may be a date occurring before, on, or after the actual date on which the Sec- retary makes the designation. If the commence- ment date for such a period is a date occurring before the date on which the Secretary makes the designation, the payment of special pay under this section for the period between the commencement date and the date on which the Secretary makes the designation shall be sub- ject to the availability of appropriated funds for that purpose. (2) A member may not be paid more than one special pay under this section for any day. A member may be paid special pay under this sec- tion in addition to any other pay and allowances to which he may be entitled. (e) DETERMINATIONS OF FACT.—Any determina- tion of fact that is made in administering this section is conclusive. Such a determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the determination may be changed on the basis of new evidence or for other good cause. (Added Pub. L. 88–132, § 9(a)(1), Oct. 2, 1963, 77 Stat. 216; amended Pub. L. 89–132, § 4, Aug. 21, 1965, 79 Stat. 547; Pub. L. 98–94, title IX, § 905(a), (b)(1), Sept. 24, 1983, 97 Stat. 636, 637; Pub. L. 99–145, title VI, § 638(a), Nov. 8, 1985, 99 Stat. 649; Pub. L. 101–510, div. A, title XIII, § 1322(c)(6), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–190, div. A, title VI, §§ 611(a), 613, Dec. 5, 1991, 105 Stat. 1376, 1377; Pub. L. 105–261, div. A, title VI, § 621, Oct. 17, 1998, 112 Stat. 2042; Pub. L. 108–11, title I, § 1316(a), (c)(2), Apr. 16, 2003, 117 Stat. 570; Pub. L. 108–136, div. A, title VI, §§ 618(a), (b), (d)(2), 619, Nov. 24, 2003, 117 Stat. 1503, 1504; Pub. L. 108–375, div. A, title VI, § 623(a), Oct. 28, 2004, 118 Stat. 1955; Pub. L. 109–163, div. A, title VI, §§ 636, 642(b), Jan. 6, 2006, 119 Stat. 3300, 3306; Pub. L. 111–84, div. A, title VI, § 618(a), Oct. 28, 2009, 123 Stat. 2355; Pub. L. 112–81, div. A, title VI, § 616(a), Dec. 31, 2011, 125 Stat. 1451; Pub. L. 112–239, div. A, title X, § 1076(h)(1), Jan. 2, 2013, 126 Stat. 1955.) Editorial Notes AMENDMENTS 2013—Subsec. (c)(1). Pub. L. 112–239 substituted ‘‘sec- tion for’’ for ‘‘section for for’’. 2011—Subsec. (a). Pub. L. 112–81, § 616(a)(1), sub- stituted ‘‘for any day or portion of a day’’ for ‘‘for any month or portion of a month’’ in introductory provi- sions. Subsec. (b). Pub. L. 112–81, § 616(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘(1) The special pay authorized by subsection (a) may not exceed $225 a month. ‘‘(2) Except as provided in subsection (c), if a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of special pay under subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month.’’ Subsec. (c)(1). Pub. L. 112–81, § 616(a)(3), inserted ‘‘for any day (or portion of a day) of’’ before ‘‘not more than three additional months’’. Subsec. (d)(2). Pub. L. 112–81, § 616(a)(4), substituted ‘‘any day’’ for ‘‘any month’’. 2009—Subsec. (a). Pub. L. 111–84, § 618(a)(1), struck out ‘‘and Special Pay Amount’’ after ‘‘Eligibility’’ in head- ing and substituted ‘‘under subsection (b) for any month or portion of a month’’ for ‘‘at the rate of $225 for any month’’ in introductory provisions. Subsecs. (b), (c). Pub. L. 111–84, § 618(a)(3), (4), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (c)(3). Pub. L. 111–84, § 618(a)(2), struck out par. (3) which read as follows: ‘‘A member of a reserve component who is eligible for special pay under this section for a month shall receive the full amount au- thorized in subsection (a) for that month regardless of the number of days during that month on which the member satisfies the eligibility criteria specified in such subsection.’’ Subsecs. (d), (e). Pub. L. 111–84, § 618(a)(3), redesig- nated subsecs. (c) and (d) as (d) and (e), respectively. 2006—Subsec. (b). Pub. L. 109–163, § 642(b), designated existing text as par. (1), substituted ‘‘A member de- scribed in paragraph (2)’’ for ‘‘A member covered by subsection (a)(2)(C) who is hospitalized for the treat- ment of the injury or wound’’ and ‘‘hospitalized as de- scribed in such paragraph’’ for ‘‘so hospitalized’’, and added par. (2). Subsec. (c). Pub. L. 109–163, § 636, added par. (1) and re- designated former pars. (1) and (2) as (2) and (3), respec- tively. 2004—Subsec. (a). Pub. L. 108–375, § 623(a)(2)(A), sub- stituted ‘‘$225’’ for ‘‘$150’’. Subsec. (e). Pub. L. 108–375, § 623(a)(2)(B), struck out heading and text of subsec. (e). Text read as follows: ‘‘For the period beginning on October 1, 2003, and end- ing on December 31, 2005, the rate of pay authorized by subsection (a) shall be increased to $225.’’ Pub. L. 108–375, § 623(a)(1), substituted ‘‘December 31, 2005’’ for ‘‘December 31, 2004’’. 2003—Subsec. (a). Pub. L. 108–136, § 618(a)(2), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘Under regulations prescribed by the Sec- Page 106 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 310 retary of Defense, a member of a uniformed service may be paid special pay at the rate of $150 for any month in which he was entitled to basic pay and in which he— ‘‘(1) was subject to hostile fire or explosion of hos- tile mines; ‘‘(2) was on duty in an area in which he was in im- minent danger of being exposed to hostile fire or ex- plosion of hostile mines and in which, during the pe- riod he was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; ‘‘(3) was killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile ac- tion; or ‘‘(4) was on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions. A member covered by clause (3) who is hospitalized for the treatment of his injury or wound may be paid spe- cial pay under this section for not more than three ad- ditional months during which he is so hospitalized.’’ Pub. L. 108–11, § 1316(a), (c), as amended by Pub. L. 108–136, § 618(d)(2), temporarily substituted ‘‘$225’’ for ‘‘$150’’ in introductory provisions. See Effective and Termination Dates of 2003 Amendments note below. Subsec. (b). Pub. L. 108–136, § 618(a)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 108–136, § 618(b)(1), inserted head- ing. Pub. L. 108–136, § 618(a)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 108–136, § 618(b)(2), inserted head- ing. Pub. L. 108–136, § 618(a)(1), redesignated subsec. (c) as (d). Subsec. (e). Pub. L. 108–136, § 619, added subsec. (e). 1998—Subsec. (b). Pub. L. 105–261 designated existing provisions as par. (1) and added par. (2). 1991—Subsec. (a). Pub. L. 102–190 substituted ‘‘Under’’ for ‘‘Except in time of war declared by Congress, and under’’ and ‘‘rate of $150’’ for ‘‘lowest rate for haz- ardous duty incentive pay specified in section 301(c)(1) of this title’’. 1990—Subsec. (d). Pub. L. 101–510 struck out subsec. (d) which read as follows: ‘‘The Secretary of Defense shall report to Congress by March 1 of each year on the administration of this section during the preceding cal- endar year.’’ 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘at the lowest rate for hazardous duty incentive pay specified in section 301(c)(1) of this title’’ for ‘‘at the rate of $65 a month’’ in provisions preceding cl. (1). 1983—Pub. L. 98–94, § 905(b)(1), inserted ‘‘or imminent danger’’ in section catchline. Subsec. (a)(4). Pub. L. 98–94, § 905(a), added cl. (4). 1965—Subsec. (a). Pub. L. 89–132 increased rate of spe- cial pay from $55 to $65 a month. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title VI, § 623(a)(2), Oct. 28, 2004, 118 Stat. 1955, provided that the amendments made by section 623(a)(2) are effective Jan. 1, 2006. EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTS Pub. L. 108–136, div. A, title VI, § 618(c), Nov. 24, 2003, 117 Stat. 1504, provided that: ‘‘Subsections (a) and (b) of section 310 of title 37, United States Code, as added by subsection (a)(2), shall take effect as of September 11, 2001.’’ Pub. L. 108–136, div. A, title VI, § 618(d)(2), Nov. 24, 2003, 117 Stat. 1504, provided that the amendment made by section 618(d)(2) is effective Apr. 16, 2003. Pub. L. 108–11, title I, § 1316(c), Apr. 16, 2003, 117 Stat. 570, as amended by Pub. L. 108–136, div. A, title VI, § 618(d)(2), Nov. 24, 2003, 117 Stat. 1504, provided that: ‘‘(1) The amendments made by subsections (a) and (b) [amending this section and section 427 of this title] shall expire on September 30, 2003. ‘‘(2) Effective on September 30, 2003, the dollar amounts specified in sections 310(a) of title 37, United States Code, and 427(a)(1) of title 37, United States Code, as in effect on the day before the date of the en- actment of this Act [Apr. 16, 2003] are hereby revived.’’ Pub. L. 108–11, title I, § 1316(d), Apr. 16, 2003, 117 Stat. 571, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 427 of this title] shall take effect on October 1, 2002, and shall apply with respect to months beginning on or after that date.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title VI, § 638(b), Nov. 8, 1985, 99 Stat. 649, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect on Octo- ber 1, 1985.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–94, title IX, § 905(c), Sept. 24, 1983, 97 Stat. 637, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall take effect on Octo- ber 1, 1983.’’ EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–132 effective Sept. 1, 1965, see section 10 of Pub. L. 89–132, set out as a note under section 203 of this title. EFFECTIVE DATE Section effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as an Effective Date of 1963 Amendment note under section 201 of this title. RELATION TO TEMPORARY INCREASE IN AUTHORIZED AMOUNT OF HOSTILE FIRE AND IMMINENT DANGER SPECIAL PAY Pub. L. 108–136, div. A, title VI, § 618(d)(1), Nov. 24, 2003, 117 Stat. 1504, provided that: ‘‘The amendment made by subsection (a)(2) [amending this section] does not affect the authority to pay an increased amount of hostile fire and imminent danger special pay under sec- tion 310 of title 37, United States Code, pursuant to— ‘‘(A) the amendment made by subsection (a) of sec- tion 1316 of Public Law 108–11 (117 Stat. 570) [amend- ing this section] during the period specified in sub- section (c)(1) of such section, as modified by section 113 of Public Law 108–84 (117 Stat. 1044); or ‘‘(B) the amendment made by section 619 of this Act [amending this section] during the period specified in such amendment.’’ RETROACTIVE PAYMENT OF HOSTILE FIRE OR IMMINENT DANGER PAY FOR SERVICE IN EASTERN MEDITERRA- NEAN SEA IN OPERATION IRAQI FREEDOM Pub. L. 108–136, div. A, title VI, § 620, Nov. 24, 2003, 117 Stat. 1504, provided that: ‘‘(a) PAYMENT AUTHORIZED.—The Secretary of Defense may authorize the payment of hostile fire or imminent danger pay under section 310(a) of title 37, United States Code, to members of the Armed Forces who were assigned to duty, during the period beginning on March 19, 2003, and ending on April 11, 2003, in the area speci- fied in subsection (b) in connection with Operation Iraqi Freedom at any time during that period. ‘‘(b) SPECIFIED AREA.—The area referred to in sub- section (a) is the Mediterranean Sea east of 30 degrees East Longitude (sea area only).’’ RATES OF PAY FOR FISCAL YEAR 2004 Pub. L. 108–106, title I, § 1104, Nov. 6, 2003, 117 Stat. 1214, provided that: ‘‘From October 1, 2003, through Sep- tember 30, 2004, (a) the rates of pay authorized by sec- tion 310(a) of title 37, United States Code, shall be $225; Page 107 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 312 and (b) the rates of pay authorized by section 427(a)(1) of title 37, United States Code, shall be $250.’’ RETROACTIVE AUTHORIZATION FOR IMMINENT DANGER PAY FOR SERVICE IN CONNECTION WITH OPERATION ENDURING FREEDOM Pub. L. 107–107, div. A, title VI, § 624, Dec. 28, 2001, 115 Stat. 1143, provided that: ‘‘(a) RETROACTIVE AUTHORIZATION.—The Secretary of Defense may provide for the payment of imminent dan- ger pay under section 310 of title 37, United States Code, to members of the Armed Forces assigned to duty in the areas specified in subsection (b) in connection with the contingency operation known as Operation Enduring Freedom with respect to periods of duty served in those areas during the period beginning on September 19, 2001, and ending October 31, 2001. ‘‘(b) SPECIFIED AREAS.—The areas referred to in sub- section (a) are the following: ‘‘(1) The land areas of Kyrgyzstan, Oman, the United Arab Emirates, and Uzbekistan. ‘‘(2) The Red Sea, the Gulf of Aden, the Gulf of Oman, and the Arabian Sea (that portion north of 10≥ north latitude and west of 68≥ east longitude).’’ TEMPORARY INCREASE IN SPECIAL PAY IN CONNECTION WITH PERSIAN GULF CONFLICT Pub. L. 102–25, title III, § 301, Apr. 6, 1991, 105 Stat. 80, provided that: ‘‘(a) INCREASED RATE.—In lieu of the rate of special pay specified in section 310(a) of title 37, United States Code, the rate of special pay payable under that section shall be $150 for each month during the period described in subsection (b). ‘‘(b) 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.’’ IMMINENT DANGER PAY IN CONNECTION WITH OPERATION DESERT SHIELD Pub. L. 101–510, div. A, title XI, § 1111(a), Nov. 5, 1990, 104 Stat. 1635, provided that: ‘‘The Secretary of Defense may provide for the payment of imminent danger pay under section 310 of title 37, United States Code, to members of the Armed Forces assigned to duty in the Persian Gulf area in connection with Operation Desert Shield with respect to periods of duty served after Au- gust 1, 1990, and before the date of the enactment of this Act [Nov. 5, 1990].’’ [§ 311. Repealed. Pub. L. 99–145, title VI, § 639(b), Nov. 8, 1985, 99 Stat. 651] Section, added Pub. L. 90–207, § 1(2)(A), Dec. 16, 1967, 81 Stat. 651; amended Pub. L. 90–603, § 1, Oct. 18, 1968, 82 Stat. 1187; Pub. L. 90–623, § 3(5), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–274, § 1(3), May 6, 1974, 88 Stat. 95; Pub. L. 93–394, § 1, Aug. 29, 1974, 88 Stat. 792; Pub. L. 96–284, § 4(d)(1)–(3), June 28, 1980, 94 Stat. 591, 592; Pub. L. 96–513, title IV, § 414(b), title V, § 516(7), Dec. 12, 1980, 94 Stat. 2906, 2938, provided for continuation pay for den- tists in the armed forces. See section 302b of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1985, see section 639(f) of Pub. L. 99–145, set out as an Effective Date of 1985 Amend- ment note under section 302b of this title. § 312. Special pay: nuclear-qualified officers ex- tending period of active service (a) SPECIAL PAY AUTHORIZED; ELIGIBILITY.— Under regulations to be prescribed by the Sec- retary of the Navy, the Secretary may pay spe- cial pay under subsection (b) to an officer of the naval service who— (1) is entitled to basic pay; (2) has the current technical qualification for duty in connection with supervision, oper- ation, and maintenance of naval nuclear pro- pulsion plants; and (3) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for a period of not less than three years, so long as the new period of obli- gated active service does not extend beyond the end of 30 years of commissioned service, in addition to any other period of obligated ac- tive service. (b) PAYMENT AMOUNT; PAYMENT OPTIONS.—(1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled. (2) The Secretary shall determine annually the necessity for continuance of the special pay and the rate of special pay per year for such active- service agreements accepted within each 12- month period. (3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary, the total amount payable shall be paid in a single lump-sum or in annual installments of equal or different amounts over the length of the con- tract, commencing at the expiration of any ex- isting period of obligated active service. (4) The Secretary may accept an active service agreement under this section not more than one year in advance of the end of an officer’s exist- ing period of obligated active service under such an agreement. In such a case, the amount of the special pay may be paid commencing with the date of acceptance of the agreement, and, if the special pay will be paid in annual installments, the number of installments may not exceed the number of years covered by the agreement plus one. (c) REPAYMENT.—An officer who does not com- plete the period of active duty in connection with the supervision, operation, and mainte- nance of naval nuclear propulsion plants that the officer agreed to serve, and for which a pay- ment was made under subsection (b) or (e)(1), shall be subject to the repayment provisions of section 303a(e) of this title. (d) RELATION TO SERVICE OBLIGATION.—Nothing in this section shall alter or modify the obliga- tion of a regular officer to perform active serv- ice at the pleasure of the President. Completion of the additional period of active service under this section shall in no way obligate the Presi- dent to accept a resignation submitted by a reg- ular officer. (e) NEW AGREEMENT.—(1) An officer who is per- forming obligated service under an agreement under subsection (a) may, if the amount that may be paid under subsection (b) is higher than at the time the officer executed such agreement, execute a new agreement under this subsection.