§ 301e. — Multiyear retention bonus: dental 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: 37USC301e]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 301e. Multiyear retention bonus: dental officers of the
armed forces
(a) Bonus Authorized.--(1) A dental 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) Officers Automatically Eligible.--Subsection (a) applies to an
officer of the armed forces who--
(1) 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;
(2) has a dental specialty in oral and maxillofacial surgery;
(3) is in a pay grade below pay grade O-7;
(4) has at least eight years of creditable service (computed as
described in section 302b(g) of this title) or has completed any
active-duty service commitment incurred for dental education and
training; and
(5) 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) Extension of Bonus to Other Dental Officers.--At the discretion
of the Secretary of the military department concerned, the Secretary may
enter into a written agreement described in subsection (a)(1) with a
dental officer who does not have the dental specialty specified in
subsection (b)(2), and pay a retention bonus to such an officer as
provided in this section, if the officer otherwise satisfies the
eligibility requirements specified in subsection (b). The Secretaries
shall exercise the authority provided in this section in a manner
consistent with regulations prescribed by the Secretary of Defense.
(d) 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
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 1998.
(Added Pub. L. 105-85, div. A, title VI, Sec. 617(a), Nov. 18, 1997, 111
Stat. 1788; amended Pub. L. 107-314, div. A, title VI, Sec. 615(b), Dec.
2, 2002, 116 Stat. 2568.)
References in Text
The date of the enactment of the National Defense Authorization Act
for Fiscal Year 1998, referred to in subsec. (d)(3), is the date of
enactment of Pub. L. 105-85, which was approved Nov. 18, 1997.
Amendments
2002--Subsec. (a)(2). Pub. L. 107-314 substituted ``$50,000'' for
``$14,000''.
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.