37 U.S.C. § 302a — Special pay: optometrists

Page 54 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302a 1 See Change of Name note below. Pub. L. 100–456, div. A, title VI, § 612, Sept. 29, 1988, 102 Stat. 1979, as amended by Pub. L. 101–189, div. A, title VII, § 703(a)–(d), Nov. 29, 1989, 103 Stat. 1469, 1470, pro- vided that a covered medical officer who, during the pe- riod beginning on Jan. 1, 1989, and ending on Sept. 30, 1990, executed a written agreement to remain on active duty for at least two years after completion of any other active-duty service commitment could, upon ac- ceptance of the written agreement by the Secretary concerned, be paid a retention bonus as provided in this section. SPECIAL PAY FOR CRITICALLY SHORT WARTIME HEALTH SPECIALISTS IN SELECTED RESERVE Pub. L. 100–456, div. A, title VI, § 613, Sept. 29, 1988, 102 Stat. 1981, as amended by Pub. L. 101–510, div. A, title VI, § 616, Nov. 5, 1990, 104 Stat. 1578; Pub. L. 103–160, div. A, title VI, § 613(g), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, § 613(f), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title XV, § 1502(c)(5), Feb. 10, 1996, 110 Stat. 508, which established a pilot test pro- gram of special pay for officers of reserve components of the Armed Forces in critically short wartime health care professions who agreed to serve in the Selected Reserve, was repealed and reenacted as section 302g of this title by Pub. L. 104–106, div. A, title VI, § 614(a)(1), (c)(1), Feb. 10, 1996, 110 Stat. 360, 361. [Pub. L. 104–106, div. A, title VI, § 614(c)(2), Feb. 10, 1996, 110 Stat. 361, provided that: ‘‘The provisions of sec- tion 613 of the National Defense Authorization Act, Fis- cal Year 1989 [Pub. L. 100–456, formerly set out as a note above], as in effect on the day before the date of the en- actment of this Act [Feb. 10, 1996], shall continue to apply to agreements entered into under such section before such date.’’] PRESERVATION OF ENTITLEMENT FOR RESERVE MEDICAL OFFICERS Pub. L. 96–513, title VI, § 641, Dec. 12, 1980, 94 Stat. 2954, as amended by Pub. L. 97–22, § 8(o), July 10, 1981, 97 Stat. 136, provided that: ‘‘Any person— ‘‘(1) who before June 30, 1980, served on active duty for not less than one year as a reserve officer of the Medical Corps or Dental Corps of the Army or the Medical Corps or Dental Corps of the Navy, as a re- serve officer of the Air Force designated as a medical officer or dental officer, or as a reserve medical offi- cer or dental officer of the Public Health Service; and ‘‘(2) who after having so served on active duty for not less than one year received special pay under sec- tion 302 or 302b of title 37, United States Code, as in effect during the period beginning on May 6, 1974, and ending on June 30, 1980, for service performed during such period, shall be considered to have been entitled to such pay as if that part of such section, as in effect during such pe- riod, which read ‘who is on active duty for a period of at least one year’ read ‘who has served on active duty for not less than one year’.’’ TRANSITION PROVISIONS Pub. L. 96–284, § 7, June 28, 1980, 94 Stat. 593, provided that: ‘‘Notwithstanding any provision of the amend- ments made by this Act; [see Short Title of 1980 Amendment note set out under section 101 of this title], and in accordance with regulations to be prescribed by the Secretary of Defense, any officer of the Army, Navy, or Air Force who at any time before the effective date of the amendments made by this Act [see Effective Date of 1980 Amendment note set out above] was enti- tled to special pay under section 302 of title 37, United States Code, and any officer who after such effective date would have become entitled to special pay under such section (as in effect on the day before such effec- tive date) had such section continued in effect, shall be paid basic pay and special pay under section 302 of such title (as in effect on and after the effective date of the amendments made by this Act) in a total amount not less than the total amount of the basic pay (as in effect on the day before such date) and special pay applicable (or which would have been applicable) to such officer under sections 302, 311, and 313 of such title (as in effect on the day before such date and computed on the rates of basic pay as in effect on the day before such date).’’ § 302a. Special pay: optometrists (a) REGULAR SPECIAL PAY.—Each of the fol- lowing officers is entitled to special pay at the rate of $100 a month for each month of active duty: (1) A commissioned officer— (A) of the Regular Army, Regular Navy, or Regular Air Force who is designated as an optometry officer; or (B) who is an optometry officer of the Reg- ular Corps of the Public Health Service. (2) A commissioned officer— (A) of a Reserve component of the Army, Navy, or Air Force who is designated as an optometry officer; or (B) who is an optometry officer of the Re- serve Corps 1 of the Public Health Service, who is on active duty as a result of a call or order to active duty for a period of at least one year. (3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, Air Force, or the National Guard, as the case may be. (b) RETENTION SPECIAL PAY.—(1) Under regula- tions prescribed under section 303a(a) of this title, the Secretary concerned may pay an offi- cer described in paragraph (2) a retention special pay of not more than $15,000 for any twelve- month period during which the officer is not un- dergoing an internship or initial residency training. (2) An officer referred to in paragraph (1) is an officer of a uniformed service who— (A) is entitled to special pay under sub- section (a); (B) has completed any initial active-duty service commitment incurred for education and training; and (C) is determined by the Secretary con- cerned to be qualified as an optometrist. (3) An officer may not be paid retention spe- cial pay under paragraph (1) for any twelve- month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. (4) The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). An of- ficer who does not complete the period for which the payment was made under paragraph (1) shall be subject to the repayment provisions of sec- tion 303a(e) of this title. (Added Pub. L. 92–129, title II, § 202(a), Sept. 28, 1971, 85 Stat. 357; amended Pub. L. 93–64, title II, § 202, July 9, 1973, 87 Stat. 149; Pub. L. 95–114, § 2, Page 55 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 302b Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95–485, title VIII, § 801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96–284, § 4(a), June 28, 1980, 94 Stat. 591; Pub. L. 100–26, § 8(d)(2), Apr. 21, 1987, 101 Stat. 285; Pub. L. 101–510, div. A, title VI, § 617(a), Nov. 5, 1990, 104 Stat. 1578; Pub. L. 104–201, div. A, title VI, § 614(a), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 106–398, § 1 [[div. A], title VI, § 626(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153; Pub. L. 107–314, div. A, title VI, § 615(d), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, § 687(b)(5), Jan. 6, 2006, 119 Stat. 3328.) Editorial Notes AMENDMENTS 2006—Subsec. (b)(4). Pub. L. 109–163 amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). If such eligibility is termi- nated, the officer concerned shall receive such special pay only for the part of the period of active duty that the officer served and may be required to refund any amount in excess of that amount.’’ 2002—Subsec. (b)(1). Pub. L. 107–314 substituted ‘‘$15,000’’ for ‘‘$6,000’’. 2000—Subsec. (b)(1). Pub. L. 106–398 substituted ‘‘the Secretary concerned may pay an officer described in paragraph (2) a’’ for ‘‘an officer described in paragraph (2) may be paid’’. 1996—Subsec. (b)(2). Pub. L. 104–201, § 614(a)(1)(A), sub- stituted ‘‘a uniformed service’’ for ‘‘an armed force’’ in introductory provisions. Subsec. (b)(2)(C). Pub. L. 104–201, § 614(a)(1)(B), struck out ‘‘of the military department’’ before ‘‘concerned to be’’. Subsec. (b)(4). Pub. L. 104–201, § 614(a)(2), struck out ‘‘of the military department’’ before ‘‘concerned may terminate’’. 1990—Pub. L. 101–510 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1987—Pub. L. 100–26 substituted ‘‘A’’ for ‘‘a’’ at begin- ning of pars. (1) to (3), ‘‘; or’’ for ‘‘, or’’ at end of par. (1)(A), period for semicolon at end of par. (1)(B), and pe- riod for ‘‘; and’’ at end of par. (2). 1980—Pub. L. 96–284 substituted ‘‘Each’’ for ‘‘(a) In ad- dition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each’’, struck out ‘‘beginning on or after October 1, 1977’’ after ‘‘ac- tive duty’’, struck out subsec. (b) which prohibited in- clusion of active duty monthly special pay in computa- tion of amount of increase in pay authorized in any other provision of this title or in computation of re- tired pay or severance pay, and struck out subsec. (c) which provided that no special pay be paid for any month after September 1980. 1978—Subsec. (c). Pub. L. 95–485 substituted ‘‘Sep- tember 1980’’ for ‘‘September 1978’’. 1977—Subsec. (a). Pub. L. 95–114 amended subsec. (a) to provide for the reinstatement of special pay provi- sions for optometrists for each month on active duty beginning on or after Oct. 1, 1977. Subsecs. (b), (c). Pub. L. 95–114 reenacted subsec. (b) without change and added subsec. (c). 1973—Subsec. (a). Pub. L. 93–64 substituted ‘‘July 1, 1975’’ for ‘‘July 1, 1973’’ wherever appearing. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–114, § 4, Sept. 30, 1977, 91 Stat. 1047, provided that: ‘‘The amendments made by sections 2 and 3 of this Act [amending this section and section 303 of this title] become effective on October 1, 1977.’’ EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under sec- tion 401 of this title. EFFECTIVE DATE Pub. L. 92–129, title II, § 209, Sept. 28, 1971, 85 Stat. 359, provided that: ‘‘The foregoing provisions of this title [enacting this section and section 428 of this title and amending sections 203 and 403 of this title and sections 2204 and 2207 of the former Appendix to Title 50, War and National Defense] shall become effective on Octo- ber 1, 1971, except that section 203 [enacting section 308a of this title] shall become effective on such date as shall be prescribed by the Secretary of Defense, but not earlier than February 1, 1971, and section 206 [amending section 2203 of the former Appendix to Title 50] shall become effective July 1, 1971.’’ 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. IMPLEMENTATION OF SUBSECTION (b) Pub. L. 101–510, div. A, title VI, § 617(b), Nov. 5, 1990, 104 Stat. 1579, provided that the Secretary of Defense could not implement subsec. (b) of this section, unless the Secretary submitted to the Committees on Armed Services of the Senate and House of Representatives a report justifying the need of the military departments for the authority provided in such subsection and de- scribing the manner in which that authority would be implemented, prior to repeal by Pub. L. 106–398, § 1 [[div. A], title VI, § 626(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153. PAY CONTINUATION Enactment of this section not to reduce the pay to which any member of the uniformed services was enti- tled on June 30, 1971, see section 210 of Pub. L. 92–129, set out as a note under section 203 of this title. § 302b. Special pay: dental officers of the armed forces (a) VARIABLE, ADDITIONAL, BOARD CERTIFI- CATION, AND INCENTIVE SPECIAL PAY.—(1) An offi- cer who— (A) 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; and (B) 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-