37 U.S.C. § 303 — Special pay: veterinarians

Page 70 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 303 1 See Change of Name note below. Editorial Notes AMENDMENTS 2017—Subsec. (g). Pub. L. 115–91 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘December 31, 2017’’. 2016—Subsec. (g). Pub. L. 114–328 substituted ‘‘Decem- ber 31, 2017’’ for ‘‘December 31, 2016’’. 2015—Subsec. (g). Pub. L. 114–92 substituted ‘‘Decem- ber 31, 2016’’ for ‘‘December 31, 2015’’. 2014—Subsec. (g). Pub. L. 113–291 substituted ‘‘Decem- ber 31, 2015’’ for ‘‘December 31, 2014’’. 2013—Subsec. (g). 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. (g). 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. (g). Pub. L. 111–84 substituted ‘‘Decem- ber 31, 2010’’ for ‘‘December 31, 2009’’. 2008—Subsec. (g). 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’’. 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 Section effective Oct. 1, 2006, and applicable to agree- ments entered into on or after that date, see section 617(e) of Pub. L. 109–364, set out as an Effective Date of 2006 Amendment note under section 302h of this title. § 303. Special pay: veterinarians (a) MONTHLY 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 who is in the Vet- erinary Corps; (B) of the Regular Air Force who is an offi- cer in the Biomedical Sciences Corps and holds a degree in veterinary medicine; or (C) who is a veterinary officer of the Reg- ular Corps of the Public Health Service. (2) A commissioned officer— (A) of a Reserve component of the Army who is in the Veterinary Corps of the Army; (B) of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the Na- tional Guard, who— (i) is designated as a veterinary officer; or (ii) is an officer in the Biomedical Sciences Corps of the Air Force and holds a degree in veterinary medicine; or (C) who is a veterinary 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, the Air Force, or the National Guard, as the case may be. (b) ADDITIONAL SPECIAL PAY FOR BOARD CER- TIFICATION.—A commissioned officer entitled to special pay under subsection (a) who has been certified as a Diplomate in a specialty recog- nized by the American Veterinarian Medical As- sociation is entitled to special pay (in addition to the special pay under subsection (a)) at the same rate as is provided under section 302c(b) of this title for an officer referred to in that sec- tion who has the same number of years of cred- itable service as the commissioned officer. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88–2, § 5, Mar. 28, 1963, 77 Stat. 4; Pub. L. 90–40, § 5, June 30, 1967, 81 Stat. 105; Pub. L. 92–129, title I, § 104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93–64, title II, § 203, July 9, 1973, 87 Stat. 149; Pub. L. 95–114, § 3, 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(c), June 28, 1980, 94 Stat. 591; Pub. L. 100–26, § 8(d)(3), Apr. 21, 1987, 101 Stat. 285; Pub. L. 100–180, div. A, title XII, § 1232, Dec. 4, 1987, 101 Stat. 1161; Pub. L. 102–25, title VII, § 702(b)(2), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106–65, div. A, title VI, § 616(a), Oct. 5, 1999, 113 Stat. 652; Pub. L. 106–398, § 1 [[div. A], title VI, § 629], Oct. 30, 2000, 114 Stat. 1654, 1654A–155.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 303(a) ...... 303(b) ...... 37:234(b) (less 1st proviso, as applicable to veteri- narians). 37:234(c). 37:234(b) (1st proviso, as applicable to veteri- narians). Oct. 12, 1949, ch. 681, § 203(b) (as applicable to veterinarians), (c), 63 Stat. 809; June 25, 1952, ch. 459, § 1, 66 Stat. 156; June 29, 1953, ch. 158, § 8 (as applica- ble to veterinarians), 67 Stat. 89; June 30, 1955, ch. 250, § 203, 69 Stat. 225; Apr. 30, 1956, ch. 223, § 5, 70 Stat. 122; Mar. 23, 1959, Pub. L. 86–4, § 5, 73 Stat. 13. In subsection (a), clause (1) is substituted for section 234(c)(1), (2), and (3) of existing title 37. The words ‘‘of the Regular Army’’ and ‘‘of the Regular Air Force’’ are inserted in clauses (1)(A) and (B), respectively, since in contradistinction to section 234(c)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2)(A) and (B) are substituted for the enumeration of categories in section 234(c)(4) of exist- ing title 37 to reflect current usage and designations of those categories. Clause (3) is substituted for section 234(c)(5) and (6) of existing title 37. Section 234(b) (2d proviso) of existing title 37 is omitted as obsolete. Sec- tion 234(b) (last proviso) of existing title 37 is omitted as inapplicable to veterinarians. In subsection (b), the words ‘‘disability retirement pay’’ are omitted as covered by the words ‘‘retired pay’’. Editorial Notes AMENDMENTS 2000—Subsec. (a)(1)(B). Pub. L. 106–398, § 1 [[div. A], title VI, § 629(1)], substituted ‘‘who is an officer in the Page 71 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 303a 1 See Change of Name note below. Biomedical Sciences Corps and holds a degree in veteri- nary medicine’’ for ‘‘who is designated as a veterinary officer’’. Subsec. (a)(2)(B). Pub. L. 106–398, § 1 [[div. A], title VI, § 629(2)], added subpar. (B) and struck out former sub- par. (B) which read as follows: ‘‘of a Reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who is designated as a veterinary officer of the Army or the Air Force, as the case may be; or’’. 1999—Pub. L. 106–65 designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b). 1991—Par. (3). Pub. L. 102–25 struck out ‘‘of this sub- section’’ after ‘‘clause (1) or (2)’’. 1987—Pub. L. 100–180 substituted semicolon for comma at end of par. (2)(A) and ‘‘; or’’ for ‘‘, or’’ at end of par. (2)(B). Pub. L. 100–26 substituted ‘‘A’’ for ‘‘a’’ at beginning of pars. (1) to (3), semicolon for comma at end of par. (1)(A), ‘‘; or’’ for ‘‘, or’’ at end of par. (1)(B), period for semicolon at end of par. (1)(C), and period for ‘‘; and’’ at end of par. (2); and directed substitution of semi- colon for comma at end of par. (1)(B) which could not be executed because no comma appeared at end of par. (1)(B). 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 veterinarians 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. 1971—Subsec. (a). Pub. L. 92–129 substituted ‘‘July 1, 1973’’ for ‘‘July 1, 1971’’ wherever appearing. 1967—Subsec. (a). Pub. L. 90–40 substituted ‘‘July 1, 1971’’ for ‘‘July 1, 1967’’ wherever appearing. 1963—Subsec. (a). Pub. L. 88–2 substituted ‘‘July 1, 1967’’ for ‘‘July 1, 1963’’ 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 1999 AMENDMENT Pub. L. 106–65, div. A, title VI, § 616(b), Oct. 5, 1999, 113 Stat. 652, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1999, and shall apply with respect to months beginning on and after that date.’’ EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–114 effective Oct. 1, 1977, see section 4 of Pub. L. 95–114, set out as a note under section 302a of this title. 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. § 303a. Special pay: general provisions (a) The Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Sec- retary of Health and Human Services, with re- spect to the Public Health Service, shall pre- scribe regulations for the administration of sec- tions 301d, 302 through 302j, and 303 of this title. (b)(1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, a commissioned officer in the Regular or Reserve Corps 1 of the Public Health Service is entitled to special pay under a provision of this chapter in the same amounts, and under the same terms and conditions, as a commissioned officer of the armed forces is entitled to special pay under that provision. (2) A commissioned medical officer in the Reg- ular or Reserve Corps 1 of the Public Health Service (other than an officer serving in the In- dian Health Service) may not receive additional special pay under section 302(a)(4) of this title for any period during which the officer is pro- viding obligated service under the following pro- visions of law: (A) Section 338B of the Public Health Serv- ice Act (42 U.S.C. 254l–1). (B) Section 225(e) of the Public Health Serv- ice Act, as that section was in effect before October 1, 1977. (C) Section 752 of the Public Health Service Act, as that section was in effect between Oc- tober 1, 1977, and August 13, 1981. (c) Special pay authorized under sections 301d, 302 through 302j, and 303 of this title is in addi- tion to any other pay or allowance to which an officer is entitled. The amount of special pay to which an officer is entitled under any of such sections may not be included in computing the amount of any increase in pay authorized by any other provision of this title or in computing re- tired pay, separation pay, severance pay, or re- adjustment pay. (d) The Secretary of Defense shall conduct a review every two years of the special pay for health professionals authorized by sections 301d, 302 through 302j, and 303 of this title. (e) REPAYMENT OF UNEARNED PORTION OF BO- NUSES AND OTHER BENEFITS WHEN CONDITIONS OF PAYMENT NOT MET; TERMINATION OF ENTITLE- MENT TO UNPAID AMOUNTS.—(1)(A) Except as pro- vided in paragraphs (2) and (3), a member of the uniformed services who receives a bonus or simi- lar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligi- bility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Sec- retary concerned determines that the imposi- tion of the repayment requirement and termi- nation of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy