37 U.S.C. § 320 — Incentive pay: career enlisted flyers

Page 121 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 320 Regular Navy or Navy Reserve on active duty who— (1) is qualified and serving as a surface war- fare officer; (2) has been selected for assignment as a de- partment head on a surface vessel; and (3) has completed any service commitment incurred through the officer’s original com- missioning program or is within one year of completing such commitment. (b) SPECIAL PAY AUTHORIZED.—An eligible sur- face warfare officer who executes a written agreement to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a sur- face vessel may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000. (c) PRORATION.—The term of the written agree- ment under subsection (b) and the amount pay- able under the agreement may be prorated. (d) PAYMENT METHODS.—Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implemen- tation plan specifying the amount of each in- stallment payment under the agreement and the times for payment of the installments. (e) ADDITIONAL PAY.—Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled. (f) REPAYMENT.—An officer who, having en- tered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as a department head on a surface vessel as specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title. (g) REGULATIONS.—The Secretary of the Navy shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 106–65, div. A, title VI, § 627(a)(1), Oct. 5, 1999, 113 Stat. 656; amended Pub. L. 107–107, div. A, title VI, § 616(b), Dec. 28, 2001, 115 Stat. 1137; Pub. L. 109–163, div. A, title V, § 515(d)(1)(E), title VI, § 687(b)(28), Jan. 6, 2006, 119 Stat. 3236, 3332.) Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–163, § 515(d)(1)(E), sub- stituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in intro- ductory provisions. Subsec. (f). Pub. L. 109–163, § 687(b)(28), amended head- ing and text of subsec. (f) generally, substituting provi- sions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment re- quired when officer receives bonus but fails to complete total period of agreed upon active duty as department head on surface vessel. 2001—Subsec. (a)(3). Pub. L. 107–107 inserted ‘‘or is within one year of completing such commitment’’ be- fore period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–65, div. A, title VI, § 627(b), Oct. 5, 1999, 113 Stat. 657, provided that: ‘‘The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.’’ 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. § 320. Incentive pay: career enlisted flyers (a) ELIGIBLE CAREER ENLISTED FLYER DE- FINED.—In this section, the term ‘‘eligible career enlisted flyer’’ means an enlisted member of the armed forces who— (1) is entitled to basic pay under section 204 of this title, or is entitled to pay under section 206 of this title as described in subsection (e) of this section; (2) holds an enlisted military occupational specialty or enlisted military rating des- ignated as a career enlisted flyer specialty or rating by the Secretary concerned, performs duty as a dropsonde system operator, or is in training leading to qualification and designa- tion of such a specialty or rating or the per- formance of such duty; (3) is qualified for aviation service under reg- ulations prescribed by the Secretary con- cerned; and (4) satisfies the operational flying duty re- quirements applicable under subsection (c). (b) INCENTIVE PAY AUTHORIZED.—(1) The Sec- retary concerned may pay monthly incentive pay to an eligible career enlisted flyer in an amount not to exceed the monthly maximum amounts specified in subsection (d). The incen- tive pay may be paid as continuous monthly in- centive pay or on a month-to-month basis, de- pendent upon the operational flying duty per- formed by the eligible career enlisted flyer as prescribed in subsection (c). (2) Continuous monthly incentive pay may not be paid to an eligible career enlisted flyer after the member completes 25 years of aviation serv- ice. Thereafter, an eligible career enlisted flyer may still receive incentive pay on a month-to- month basis under subsection (c)(4) for the fre- quent and regular performance of operational flying duty. (c) OPERATIONAL FLYING DUTY REQUIRE- MENTS.—(1) An eligible career enlisted flyer must perform operational flying duties for 6 of the first 10, 9 of the first 15, and 14 of the first 20 years of aviation service, to be eligible for continuous monthly incentive pay under this section. (2) Upon completion of 10, 15, or 20 years of aviation service, an enlisted member who has not performed the minimum required oper- ational flying duties specified in paragraph (1) during the prescribed period, although otherwise meeting the definition in subsection (a), may no longer be paid continuous monthly incentive pay except as provided in paragraph (3). Pay- ment of continuous monthly incentive pay may be resumed if the member meets the minimum operational flying duty requirement upon com- Page 122 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 321 1 See References in Text note below. pletion of the next established period of aviation service. (3) For the needs of the service, the Secretary concerned may permit, on a case-by-case basis, a member to continue to receive continuous monthly incentive pay despite the member’s failure to perform the operational flying duty required during the first 10, 15, or 20 years of aviation service, but only if the member other- wise meets the definition in subsection (a) and has performed at least 5 years of operational fly- ing duties during the first 10 years of aviation service, 8 years of operational flying duties dur- ing the first 15 years of aviation service, or 12 years of operational flying duty during the first 20 years of aviation service. The authority of the Secretary concerned under this paragraph may not be delegated below the level of the Service Personnel Chief. (4) If the eligibility of an eligible career en- listed flyer to continuous monthly incentive pay ceases under subsection (b)(2) or paragraph (2), the member may still receive month-to-month incentive pay for subsequent frequent and reg- ular performance of operational flying duty. The rate payable is the same rate authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation serv- ice. (d) MONTHLY MAXIMUM RATES.—The monthly rate of any career enlisted flyer incentive pay paid under this section to a member on active duty shall be prescribed by the Secretary con- cerned, but may not exceed the following: Years of aviation service Monthly rate 4 or less ................................................. $150 Over 4 ................................................... $225 Over 8 ................................................... $350 Over 14 .................................................. $400. (e) ELIGIBILITY OF RESERVE COMPONENT MEM- BERS WHEN PERFORMING INACTIVE DUTY TRAIN- ING.—Under regulations prescribed by the Sec- retary concerned, when a member of a reserve component or the National Guard, who is enti- tled to compensation under section 206 of this title, meets the definition of eligible career en- listed flyer, the Secretary concerned may in- crease the member’s compensation by an amount equal to 1⁄30 of the monthly incentive pay authorized by the Secretary concerned under subsection (d) for a member of cor- responding years of aviation service who is enti- tled to basic pay under section 204 of this title. The reserve component member may receive the increase for as long as the member is qualified for it, for each regular period of instruction or period of appropriate duty, at which the member is engaged for at least two hours, or for the per- formance of such other equivalent training, in- struction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. (f) RELATION TO HAZARDOUS DUTY INCENTIVE PAY OR DIVING DUTY SPECIAL PAY.—A member receiving incentive pay under section 301(a) of this title or special pay under section 304 of this title may not be paid special pay under this sec- tion for the same period of service. (g) SAVE PAY PROVISION.—If, immediately be- fore a member receives incentive pay under this section, the member was entitled to incentive pay under section 301(a) of this title, the rate at which the member is paid incentive pay under this section shall be equal to the higher of the monthly amount applicable under subsection (d) or the rate of incentive pay the member was re- ceiving under subsection (b) or (c)(2)(A) of sec- tion 301 of this title. (h) SPECIALTY CODE OF DROPSONDE SYSTEM OP- ERATORS.—Within the Air Force, the Secretary of the Air Force shall assign to members who are dropsonde system operators a specialty code that identifies such members as serving in a weather specialty. (i) DEFINITIONS.—In this section: (1) The term ‘‘aviation service’’ means par- ticipation in aerial flight performed, under regulations prescribed by the Secretary con- cerned, by an eligible career enlisted flyer. (2) The term ‘‘operational flying duty’’ means flying performed under competent or- ders while serving in assignments, including an assignment as a dropsonde system oper- ator, in which basic flying skills normally are maintained in the performance of assigned du- ties as determined by the Secretary con- cerned, and flying duty performed by members in training that leads to the award of an en- listed aviation rating or military occupational specialty designated as a career enlisted flyer rating or specialty by the Secretary con- cerned. (Added Pub. L. 106–65, div. A, title VI, § 628(a)(1), Oct. 5, 1999, 113 Stat. 657.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–65, div. A, title VI, § 628(b), Oct. 5, 1999, 113 Stat. 659, provided that: ‘‘The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.’’ § 321. Special pay: judge advocate continuation pay (a) ELIGIBLE JUDGE ADVOCATE DEFINED.—In this section, the term ‘‘eligible judge advocate’’ means an officer of the armed forces on full- time active duty who— (1) is qualified and serving as a judge advo- cate, as defined in section 801 of title 10; and (2) has completed— (A) the active duty service obligation in- curred through the officer’s original com- missioning program; or (B) in the case of an officer detailed under section 2004 of title 10 or section 470 1 of title 14, the active duty service obligation in- curred as part of that detail. (b) SPECIAL PAY AUTHORIZED.—An eligible judge advocate who executes a written agree- ment to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid continuation