§ 302. — Special pay: 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: 37USC302]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 302. Special pay: medical officers of the armed forces
(a) Variable, Additional, and Board Certification Special Pay.--(1)
An officer who 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 and
who 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 entitled to variable special pay at the
following rates:
(A) $1,200 per year, if the officer is undergoing medical
internship training.
(B) $5,000 per year, if the officer has less than six years of
creditable service and is not undergoing medical internship
training.
(C) $12,000 per year, if the officer has at least six but less
than eight years of creditable service.
(D) $11,500 per year, if the officer has at least eight but less
than ten years of creditable service.
(E) $11,000 per year, if the officer has at least ten but less
than twelve years of creditable service.
(F) $10,000 per year, if the officer has at least twelve but
less than fourteen years of creditable service.
(G) $9,000 per year, if the officer has at least fourteen but
less than eighteen years of creditable service.
(H) $8,000 per year, if the officer has at least eighteen but
less than twenty-two years of creditable service.
(I) $7,000 per year, if the officer has twenty-two or more years
of creditable service.
(3) An officer described in paragraph (1) who is serving in a pay
grade above pay grade O-6 is entitled to variable special pay at the
rate of $7,000 per year.
(4) Subject to subsection (c), an officer entitled to variable
special pay under paragraph (2) or (3) is entitled to additional special
pay of $15,000 for any twelve-month period during which the officer is
not undergoing medical internship or initial residency training.
(5) An officer who is entitled to variable special pay under
paragraph (2) or (3) and who is board certified is entitled to
additional special pay at the following rates:
(A) $2,500 per year, if the officer has less than ten years of
creditable service.
(B) $3,500 per year, if the officer has at least ten but less
than twelve years of creditable service.
(C) $4,000 per year, if the officer has at least twelve but less
than fourteen years of creditable service.
(D) $5,000 per year, if the officer has at least fourteen but
less than eighteen years of creditable service.
(E) $6,000 per year, if the officer has eighteen or more years
of creditable service.
(b) Incentive Special Pay.--(1) Subject to subsection (c) and
paragraph (2) and under regulations prescribed under section 303a(a) of
this title, an officer who is entitled to variable special pay under
subsection (a)(2) may be paid incentive special pay for any twelve-month
period during which the officer is not undergoing medical internship or
initial residency training. The amount of incentive special pay paid to
an officer under this subsection may not exceed $50,000 for any 12-month
period.
(2) An officer is not eligible for incentive special pay under
paragraph (1) unless the Secretary concerned has determined that such
officer is qualified in the medical profession.
(c) Active-Duty Agreement.--(1) An officer may not be paid
additional special pay under subsection (a)(4) or incentive special pay
under subsection (b) 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.
(2) Under regulations prescribed by the Secretary of Defense under
section 303a(a) of this title, the Secretary of the military department
concerned may terminate at any time an officer's entitlement to the
special pay authorized by subsection (a)(4) or (b)(1). If such
entitlement is terminated, the officer concerned is entitled to be paid
such special pay only for the part of the period of active duty that he
served, and he may be required to refund any amount in excess of that
entitlement.
(d) Regulations.--Regulations prescribed by the Secretary of Defense
under section 303a(a) of this title shall include standards for
determining--
(1) whether an officer is undergoing medical internship or
initial residency training for purposes of subsections (a)(2)(A),
(a)(2)(B), (a)(4), and (b)(1); and
(2) whether an officer is board certified for purposes of
subsection (a)(5).
(e) Frequency of Payments.--Special pay payable to an officer under
paragraphs (2), (3), and (5) of subsection (a) shall be paid monthly.
Special pay payable to an officer under subsection (a)(4) or (b)(1)
shall be paid annually at the beginning of the twelve-month period for
which the officer is entitled to such payment.
(f) Refund for Period of Unserved Obligated Service.--An officer who
voluntarily terminates service on active duty before the end of the
period for which a payment was made to such officer under subsection
(a)(4) or (b)(1) shall refund to the United States an amount which bears
the same ratio to the amount paid to such officer as the unserved part
of such period bears to the total period for which the payment was made.
(g) Determination of Creditable Service.--For purposes of this
section, creditable service of an officer is computed by adding--
(1) all periods which the officer spent in medical internship or
residency training during which the officer was not on active duty;
and
(2) all periods of active service in the Medical Corps of the
Army or Navy, as an officer of the Air Force designated as a medical
officer, or as a medical officer of the Public Health Service.
(h) Reserve Medical Officers Special Pay.--(1) A reserve medical
officer described in paragraph (2) is entitled to special pay at the
rate of $450 a month for each month of active duty, including active
duty in the form of annual training, active duty for training, and
active duty for special work.
(2) A reserve medical officer referred to in paragraph (1) is a
reserve officer who--
(A) 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; and
(B) is on active duty under a call or order to active duty for a
period of less than one year.
(i) Effect of Discharge in Bankruptcy.--A discharge in bankruptcy
under title 11 that is entered less than 5 years after the termination
of an agreement under this section does not discharge the person signing
such agreement from a debt arising under such agreement or under
subsection (c)(2) or (f). This paragraph applies to any case commenced
under title 11 after September 30, 1985.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 464; Pub. L. 88-2, Sec. 5, Mar.
28, 1963, 77 Stat. 4; Pub. L. 88-132, Sec. 4, Oct. 2, 1963, 77 Stat.
212; Pub. L. 89-718, Sec. 53, Nov. 2, 1966, 80 Stat. 1122; Pub. L. 90-
40, Sec. 5, June 30, 1967, 81 Stat. 105; Pub. L. 92-129, title I,
Sec. 104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93-64, title II,
Sec. 201, July 9, 1973, 87 Stat. 149; Pub. L. 93-274, Sec. 1(1), May 6,
1974, 88 Stat. 94; Pub. L. 96-284, Sec. 2(a), June 28, 1980, 94 Stat.
587; Pub. L. 96-513, title IV, Sec. 415, Dec. 12, 1980, 94 Stat. 2906;
Pub. L. 99-145, title VI, Sec. 640, Nov. 8, 1985, 99 Stat. 652; Pub. L.
99-661, div. A, title XIII, Secs. 1342(d), 1343(b)(1), Nov. 14, 1986,
100 Stat. 3991, 3995; Pub. L. 100-180, div. A, title VII, Sec. 716(a),
Dec. 4, 1987, 101 Stat. 1113; Pub. L. 101-189, div. A, title VII,
Sec. 702(a)-(f), Nov. 29, 1989, 103 Stat. 1468, 1469; Pub. L. 101-510,
div. A, title VI, Sec. 612, Nov. 5, 1990, 104 Stat. 1577; Pub. L. 106-
398, Sec. 1 [[div. A], title VI, Sec. 625(a)], Oct. 30, 2000, 114 Stat.
1654, 1654A-153; Pub. L. 107-314, div. A, title VI, Sec. 615(c), Dec. 2,
2002, 116 Stat. 2568.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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302(a)................................ 37:234(a). Oct. 12, 1949, ch. 681, Sec.
37:234(b) (introductory clause and 203(a), (b) (less applicability to
last proviso, less applicability veterinarians), 63 Stat. 809; June
to veterinarians). 25, 1952, ch. 459, Sec. 1, 66
37:234(b) (less introductory Stat. 156; June 29, 1953, ch. 138,
302(b)................................ clause, less provisos, and less Sec. 8 (less applicability to
applicability to veterinarians). veterinarians), 67 Stat. 89; June
37:234(b) (1st and 2d provisos, 30, 1955, ch. 250, Sec. 203, 69
less applicability to Stat. 225; Apr. 30, 1956, ch. 223,
veterinarians). Sec. 5, 70 Stat. 122; Mar. 23,
302(c)................................ 1959, Pub. L. 86-4, Sec. 5, 73
Stat. 13.
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In subsection (a), clause (1) is substituted for section 234(a)(1),
(2), and (3) of existing title 37. The words ``of the Regular Army or
the Regular Navy'' and ``of the Regular Air Force'' are inserted in
clauses (1)(A) and (B), respectively, since, in contradistinction to
section 234(a)(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(a)(4) of existing title
37 to reflect current usage and designation of those categories. Clause
(3) is substituted for section 234(a)(5) and (6) of existing title 37.
In subsection (c), the words ``disability retirement pay'' are
omitted as covered by the words ``retired pay''. Section 234(b) (2d
proviso) of existing title 37 is omitted as obsolete.
Amendments
2002--Subsec. (b)(1). Pub. L. 107-314 inserted second sentence and
struck out former second sentence which read as follows: ``No payment to
an officer under this subsection may exceed $16,000 for any twelve-month
period beginning in fiscal year 1990, $22,000 for any twelve-month
period beginning in fiscal year 1991, $29,000 for any twelve-month
period beginning in fiscal year 1992, and $36,000 for any twelve-month
period beginning after fiscal year 1992.''
2000--Subsec. (h)(1). Pub. L. 106-398 inserted before period at end
``, including active duty in the form of annual training, active duty
for training, and active duty for special work''.
1990--Subsec. (a)(3). Pub. L. 101-510 substituted ``$7,000'' for
``$1,000''.
1989--Subsec. (a). Pub. L. 101-189, Sec. 702(f)(1), inserted
heading.
Subsec. (a)(2). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of
this subsection'' after ``paragraph (1)'' in introductory provisions.
Subsec. (a)(2)(C) to (I). Pub. L. 101-189, Sec. 702(a), in subpar.
(C), substituted ``$12,000'' for ``$10,000'', in subpar. (D),
substituted ``$11,500'' for ``$9,500'', in subpar. (E), substituted
``$11,000'' for ``$9,000'', in subpar. (F), substituted ``$10,000'' for
``$8,000'', in subpar. (G), substituted ``$9,000'' for ``$7,000'', in
subpar. (H), substituted ``$8,000'' for ``$6,000'', and in subpar. (I),
substituted ``$7,000'' for ``$5,000''.
Subsec. (a)(3). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of
this subsection'' after ``paragraph (1)''.
Subsec. (a)(4). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of
this section'' after ``subsection (c)'' and ``of this subsection'' after
``paragraph (2) or (3)''.
Pub. L. 101-189, Sec. 702(b), struck out subpar. (A) designation,
substituted ``is entitled to additional special pay of $15,000'' for
``who has less than ten years of creditable service is entitled to
additional special pay of $9,000'', and struck out subpar. (B) which
read as follows: ``Subject to subsection (c) of this section, an officer
entitled to variable special pay under paragraph (2) or (3) of this
subsection who has ten or more years of creditable service is entitled
to additional special pay of $10,000 for any twelve-month period during
which the officer is not undergoing medical internship or initial
residency training.''
Subsec. (a)(5). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of
this subsection'' after ``paragraph (2) or (3)''.
Pub. L. 101-189, Sec. 702(c), in subpar. (A), substituted ``$2,500''
for ``$2,000'', in subpar. (B), substituted ``$3,500'' for ``$2,500'',
in subpar. (C), substituted ``$4,000'' for ``$3,000'', in subpar. (D),
substituted ``$5,000'' for ``$4,000'', and in subpar. (E), substituted
``$6,000'' for ``$5,000''.
Subsec. (b). Pub. L. 101-189, Sec. 702(f)(2), inserted heading.
Subsec. (b)(1). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of
this section'' after ``subsection (c)'' and ``subsection (a)(2)'' and
struck out ``of this subsection'' after ``paragraph (2)''.
Pub. L. 101-189, Sec. 702(d), substituted ``$16,000 for any twelve-
month period beginning in fiscal year 1990, $22,000 for any twelve-month
period beginning in fiscal year 1991, $29,000 for any twelve-month
period beginning in fiscal year 1992, and $36,000 for any twelve-month
period beginning after fiscal year 1992'' for ``$8,000 for any twelve-
month period unless the Secretary concerned determines that the officer
is qualified and serving in a health profession skill which has been
designated by the Secretary concerned as a critically needed wartime
skill''.
Subsec. (b)(2). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of
this subsection'' after ``paragraph (1)''.
Subsec. (c). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of this
section'' after ``subsection (a)(4)'' and ``subsection (b)'' in par. (1)
and after ``or (b)(1)'' in par. (2).
Pub. L. 101-189, Sec. 702(f)(3), inserted heading.
Subsec. (d). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of this
section'' after ``and (b)(1)'' in par. (1) and after ``subsection
(a)(5)'' in par. (2).
Pub. L. 101-189, Sec. 702(f)(4), inserted heading.
Subsec. (e). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of this
section'' after ``subsection (a)'' and ``or (b)(1)''.
Pub. L. 101-189, Sec. 702(f)(5), inserted heading.
Subsec. (f). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of this
section'' after ``or (b)(1)''.
Pub. L. 101-189, Sec. 702(f)(6), inserted heading.
Subsec. (g). Pub. L. 101-189, Sec. 702(f)(7), inserted heading.
Subsec. (h). Pub. L. 101-189, Sec. 702(e), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows:
``(1) Any reserve officer who 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--
``(A) who has served on active duty as a medical officer for not
less than one year; and
``(B) who is on active duty under a call or order to active duty
for a period of less than one year;
is entitled to special pay in accordance with this subsection.
``(2) An officer described in paragraph (1) of this subsection is
entitled to special pay at the rate of--
``(A) $100 a month for each month of active duty, if he has not
completed two years of active duty; or
``(B) $350 a month for each month of active duty, if he has
completed at least two years of active duty.''
Subsec. (i). Pub. L. 101-189, Sec. 702(f)(9), struck out ``of this
section'' after ``or (f)''.
Pub. L. 101-189, Sec. 702(f)(8), inserted heading.
1987--Subsec. (b)(1). Pub. L. 100-180, Sec. 716(a)(1), (2), struck
out ``in an amount not to exceed $8,000'' after ``incentive special
pay'' and inserted at end ``No payment to an officer under this
subsection may exceed $8,000 for any twelve-month period unless the
Secretary concerned determines that the officer is qualified and serving
in a health profession skill which has been designated by the Secretary
concerned as a critically needed wartime skill.''
Subsec. (b)(3). Pub. L. 100-180, Sec. 716(a)(3), struck out par. (3)
which read as follows: ``The amount that may be paid for incentive
special pay under this subsection in any fiscal year may not exceed an
amount equal to 6 percent of the total amount paid in such year for
special pay under subsection (a) of this section and paragraph (1) of
this subsection.''
1986--Subsec. (h)(1)(B). Pub. L. 99-661, Sec. 1342(d), amended
subpar. (B) generally, substituting ``period of less than one year'' for
``period of not less than one year''.
Subsec. (i). Pub. L. 99-661, Sec. 1343(b)(1), substituted
``subsection (c)(2) or (f) of this section'' for ``paragraph (1) of this
subsection''.
1985--Subsec. (h)(1)(B). Pub. L. 99-145, Sec. 640(1), substituted
``who is'' for ``is not''.
Subsec. (i). Pub. L. 99-145, Sec. 640(2), added subsec. (i).
1980--Pub. L. 96-284, in revising text, added subsecs. (a) to (g)
provisions covering special pay for medical officers of the armed
forces, and struck out former provision for special pay of physicians in
the Army, Navy, Air Force, and Public Health Service, amounting to $100
or $350 a month for each month of active duty in cases of active duty in
named category of less than two years or two years or more of duty, now
covered as to Public Health Service in section 302c of this title, and
struck out prohibition against inclusion of active duty monthly special
pay in computation of amount of increase in pay authorized in any other
provision of this title or in computation of retired pay or severance
pay.
Subsec. (h). Pub. L. 96-513 added subsec. (h).
1974--Pub. L. 93-274 reduced for uniformed services physicians the
present four steps of special pay, which require the completion of ten
years of active duty before attaining eligibility for the $350 per month
maximum down to two steps, with the maximum being reached upon
completion of two years of active duty, and repealed provisions relating
to special pay for dentists. See section 302b of this title.
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.
1966--Subsec. (b). Pub. L. 89-718 substituted ``or'' for ``and'' at
end of par. (3).
1963--Subsec. (a). Pub. L. 88-2 substituted ``July 1, 1967'' for
``July 1, 1963'' wherever appearing.
Subsec. (b)(3), (4). Pub. L. 88-132 increased monthly special pay of
officers completing at least six years of active duty from $200 to $250
in par. (3), and officers completing at least 10 years of active duty
from $250 to $350 in par. (4).
Effective Date of 1989 Amendment
Section 702(g) of Pub. L. 101-189 provided that:
``(1) The amendments made by subsections (a) and (c) [amending this
section] shall take effect on January 1, 1990.
``(2) The amendments made by subsections (b) and (d) [amending this
section] shall apply to an agreement entered into under section
302(c)(1) of title 37, United States Code, on or after the date of the
enactment of this Act [Nov. 29, 1989].
``(3) The amendment made by subsection (e) [amending this section]
shall take effect on January 1, 1990, and shall apply to pay periods
beginning on or after such date.''
Effective Date of 1986 Amendment
Amendment by section 1342(d) of Pub. L. 99-661 effective Nov. 14,
1986, see section 1342(h)(1) of Pub. L. 99-661, set out as a note under
section 301 of this title.
Effective Date of 1980 Amendments
Amendment by Pub. L. 96-513 effective July 1, 1980, see section
701(b)(2) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Section 8 of Pub. L. 96-284 provided that: ``The amendments made by
sections 2 and 3 [enacting section 302c of this title and amending this
section and section 313 of this title] shall apply to special pay
payable for periods beginning after the last day of the month in which
this Act is enacted [June 1980].''
Effective Date of 1974 Amendment
Section 2 of Pub. L. 93-274, as amended by Pub. L. 94-273,
Sec. 2(18), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-361, title III,
Sec. 305, July 14, 1976, 90 Stat. 926; Pub. L. 95-114, Sec. 1, Sept. 30,
1977, 91 Stat. 1046; Pub. L. 95-485, title VIII, Sec. 801(a), Oct. 20,
1978, 92 Stat. 1619, which provided that the amendments made by this
Act, enacting sections 302b and 313 of this title and amending this
section and section 311 of this title, become effective on June 1, 1974,
with the authority for the special pay provided by the amendments made
by the first section of this Act, enacting sections 302b and 313 of this
title and amending this section and section 311 of this title, to expire
on Sept. 30, 1980, was repealed by Pub. L. 96-284, Sec. 4(e), June 28,
1980, 94 Stat. 592.
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 section 401 of this title.
Effective Date of 1963 Amendment
Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14
of Pub. L. 88-132, set out as a note under section 201 of this title.
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.
Prohibition on Use of Appropriations To Pay Bonuses to Certain Regular
or Reserve Medical Officers of Public Health Service
Pub. L. 102-394, title II, Sec. 207, Oct. 6, 1992, 106 Stat. 1811,
provided that: ``None of the funds made available by this Act or
subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts shall be used to
provide special retention pay (bonuses) under paragraph (4) of 37 U.S.C.
302(a) to any regular or reserve medical officer of the Public Health
Service for any period during which the officer is assigned to the
clinical, research, or staff associate program administered by the
National Institutes of Health or the Substance Abuse and Mental Health
Services Administration.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-170, title II, Sec. 207, Nov. 26, 1991, 105 Stat. 1127.
Pub. L. 101-517, title II, Sec. 207, Nov. 5, 1990, 104 Stat. 2209.
Pub. L. 101-166, title II, Sec. 208, Nov. 21, 1989, 103 Stat. 1177.
Pub. L. 100-202, Sec. 101(h) [title II, Sec. 208], Dec. 22, 1987,
101 Stat. 1329-256, 1329-274.
Medical Officer Retention Bonus
Section 703(e)-(g) of Pub. L. 101-189, as amended by Pub. L. 102-25,
title VII, Sec. 705(b), Apr. 6, 1991, 105 Stat. 120, provided that, in
the case of an agreement that was executed by a medical officer under
section 612 of Pub. L. 100-456, formerly set out below, before Oct. 1,
1989, but that was not accepted by the Secretary concerned solely
because of the limitation contained in section 612(h), the Secretary
concerned could accept such agreement during the 90-day period beginning
on Nov. 29, 1989.
Pub. L. 100-456, div. A, title VI, Sec. 612, Sept. 29, 1988, 102
Stat. 1979, as amended by Pub. L. 101-189, div. A, title VII,
Sec. 703(a)-(d), Nov. 29, 1989, 103 Stat. 1469, 1470, provided that a
covered medical officer who, during the period 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 acceptance 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, Sec. 613, Sept. 29, 1988, 102
Stat. 1981, as amended by Pub. L. 101-510, div. A, title VI, Sec. 616,
Nov. 5, 1990, 104 Stat. 1578; Pub. L. 103-160, div. A, title VI,
Sec. 613(g), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103-337, div. A,
title VI, Sec. 613(f), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104-106,
div. A, title XV, Sec. 1502(c)(5), Feb. 10, 1996, 110 Stat. 508, which
established a pilot test program 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, Sec. 614(a)(1), (c)(1), Feb. 10, 1996, 110 Stat. 360, 361.
[Pub. L. 104-106, div. A, title VI, Sec. 614(c)(2), Feb. 10, 1996,
110 Stat. 361, provided that: ``The provisions of section 613 of the
National Defense Authorization Act, Fiscal Year 1989 [Pub. L. 100-456,
formerly set out as a note above], as in effect on the day before the
date of the enactment 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, Sec. 641, Dec. 12, 1980, 94 Stat. 2954, as
amended by Pub. L. 97-22, Sec. 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 reserve officer of the Air Force designated as a medical
officer or dental officer, or as a reserve medical officer 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 section 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 period, 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
Section 7 of Pub. L. 96-284 provided that: ``Notwithstanding any
provision of the amendments 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 entitled 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
effective 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).''
Section Referred to in Other Sections
This section is referred to in sections 301d, 302f, 303a, 303b of
this title; title 25 section 1616i.
