§ 301d. — Multiyear retention bonus: medical officers of the armed forces.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC301d]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 301d. Multiyear retention bonus: medical officers of the
armed forces
(a) Bonus Authorized.--(1) A medical officer described 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 concerned, 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) Eligible Officers.--This section applies to an officer of the
armed forces who--
(1) is an officer of the Medical Corps of the Army or the Navy
or an officer of the Air Force designated as a medical officer;
(2) is in a pay grade below pay grade O-7;
(3) has at least eight years of creditable service (computed as
described in section 302(g) of this title) or has completed any
active-duty service commitment incurred for medical education and
training; and
(4) has completed initial residency training (or will complete
such training before September 30 of the fiscal year in which the
officer enters into an agreement under subsection (a)).
(c) Refunds.--(1) Refunds shall be required, on a pro rata basis, of
sums paid under this section if the officer who has received the payment
fails to complete the total period of active duty specified in the
agreement, as conditions and circumstances warrant.
(2) An obligation to reimburse the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) A discharge in bankruptcy under title 11, United States Code,
that is entered less than five years after the termination of an
agreement under this section does not discharge the member signing such
agreement from a debt arising under such agreement or under paragraph
(1). This paragraph applies to any case commenced under title 11 after
November 5, 1990.
(Added Pub. L. 101-510, div. A, title VI, Sec. 611(a)(1), Nov. 5, 1990,
104 Stat. 1576; amended Pub. L. 102-484, div. A, title X,
Sec. 1054(a)(2), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 107-314, div. A,
title VI, Sec. 615(a), Dec. 2, 2002, 116 Stat. 2568.)
Amendments
2002--Subsec. (a)(2). Pub. L. 107-314 substituted ``$50,000'' for
``$14,000''.
1992--Subsec. (c)(2). Pub. L. 102-484, Sec. 1054(a)(2)(A),
substituted ``owed'' for ``owned''.
Subsec. (c)(3). Pub. L. 102-484, Sec. 1054(a)(2)(B), substituted
``November 5, 1990'' for ``the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1991''.
Application of Increase
Pub. L. 107-314, div. A, title VI, Sec. 615(i), Dec. 2, 2002, 116
Stat. 2569, provided that: ``In the case of an amendment made by this
section [amending sections 301d, 301e, 302, 302a, 302d, 302e, and 302i
of this title and section 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 limitation 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, Sec. 615, Dec. 5, 1991, 105 Stat.
1377, provided that:
``(a) Reiterating Ineligibility.--The restriction contained in
subsection (b)(2) of section 301d of title 37, United States Code, on
the eligibility of flag and general officers serving as full-time
physicians to receive a multiyear retention bonus under that section
shall not be construed as being limited, modified, or superseded 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 subsection;
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 enactment 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 enactment of this Act [Dec. 5, 1991] by a
medical officer of the Armed Forces referred to in paragraph (1) in
exchange 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 payment or
payments received by that officer as described in that paragraph.''
Pub. L. 102-172, title VIII, Sec. 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 Authorization 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
Section 611(b) of Pub. L. 101-510 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 Authorization Act, Fiscal Year 1989 [Pub. L. 100-456]
(37 U.S.C. 302 note), in order to enter into an agreement under section
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 Defense
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.''
Section Referred to in Other Sections
This section is referred to in section 303a of this title.
