§ 302a. — Special pay: optometrists.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC302a]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 302a. Special pay: optometrists
(a) Regular Special Pay.--Each of the following 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, Regular Navy, or Regular Air Force
who is designated as an optometry officer; or
(B) who is an optometry officer of the Regular Corps of the
Public Health Service.
(2) A commissioned officer--
(A) of a Reserve component of the Army, Navy, or Air Force
who is designated as an optometry officer; or
(B) who is an optometry officer of the Reserve Corps 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,
Air Force, or the National Guard, as the case may be.
(b) Retention Special Pay.--(1) Under regulations prescribed under
section 303a(a) of this title, the Secretary concerned may pay an
officer described in paragraph (2) a retention special pay of not more
than $15,000 for any twelve-month period during which the officer is not
undergoing an internship or initial residency training.
(2) An officer referred to in paragraph (1) is an officer of a
uniformed service who--
(A) is entitled to special pay under subsection (a);
(B) has completed any initial active-duty service commitment
incurred for education and training; and
(C) is determined by the Secretary concerned to be qualified as
an optometrist.
(3) An officer may not be paid retention special pay under paragraph
(1) 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.
(4) The Secretary concerned may terminate at any time the
eligibility of an officer to receive retention special pay under
paragraph (1). If such eligibility is terminated, the officer concerned
shall receive such special pay only for the part of the period of active
duty that the officer served and may be required to refund any amount in
excess of that amount.
(Added Pub. L. 92-129, title II, Sec. 202(a), Sept. 28, 1971, 85 Stat.
357; amended Pub. L. 93-64, title II, Sec. 202, July 9, 1973, 87 Stat.
149; Pub. L. 95-114, Sec. 2, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95-
485, title VIII, Sec. 801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96-
284, Sec. 4(a), June 28, 1980, 94 Stat. 591; Pub. L. 100-26,
Sec. 8(d)(2), Apr. 21, 1987, 101 Stat. 285; Pub. L. 101-510, div. A,
title VI, Sec. 617(a), Nov. 5, 1990, 104 Stat. 1578; Pub. L. 104-201,
div. A, title VI, Sec. 614(a), Sept. 23, 1996, 110 Stat. 2544; Pub. L.
106-398, Sec. 1 [[div. A], title VI, Sec. 626(a)(1)], Oct. 30, 2000, 114
Stat. 1654, 1654A-153; Pub. L. 107-314, div. A, title VI, Sec. 615(d),
Dec. 2, 2002, 116 Stat. 2568.)
Amendments
2002--Subsec. (b)(1). Pub. L. 107-314 substituted ``$15,000'' for
``$6,000''.
2000--Subsec. (b)(1). Pub. L. 106-398 substituted ``the Secretary
concerned may pay an officer described in paragraph (2) a'' for ``an
officer described in paragraph (2) may be paid''.
1996--Subsec. (b)(2). Pub. L. 104-201, Sec. 614(a)(1)(A),
substituted ``a uniformed service'' for ``an armed force'' in
introductory provisions.
Subsec. (b)(2)(C). Pub. L. 104-201, Sec. 614(a)(1)(B), struck out
``of the military department'' before ``concerned to be''.
Subsec. (b)(4). Pub. L. 104-201, Sec. 614(a)(2), struck out ``of the
military department'' before ``concerned may terminate''.
1990--Pub. L. 101-510 designated existing provisions as subsec. (a),
inserted heading, and added subsec. (b).
1987--Pub. L. 100-26 substituted ``A'' for ``a'' at beginning of
pars. (1) to (3), ``; or'' for ``, or'' at end of par. (1)(A), period
for semicolon at end of par. (1)(B), and period for ``; and'' at end of
par. (2).
1980--Pub. L. 96-284 substituted ``Each'' for ``(a) In addition 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 ``active duty'', struck out subsec. (b) which prohibited
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, 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 ``September 1980'' for
``September 1978''.
1977--Subsec. (a). Pub. L. 95-114 amended subsec. (a) to provide for
the reinstatement of special pay provisions for optometrists 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.
Effective Date of 1977 Amendment
Section 4 of Pub. L. 95-114 provided that: ``The amendments made by
sections 2 and 3 of this Act [amending this section and section 303 of
this title] become effective on October 1, 1977.''
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
Section 209 of title II of Pub. L. 92-129 provided that: ``The
foregoing provisions of this title [enacting this section and section
428 of this title and amending sections 203 and 403 of this title and
sections 2204 and 2207 of Title 50, Appendix, War and National Defense]
shall become effective on October 1, 1971, except that section 203
[enacting section 308a of this title] shall become effective on such
date as shall be prescribed by the Secretary of Defense, but not earlier
than February 1, 1971, and section 206 [amending section 2203 of Title
50, Appendix] shall become effective July 1, 1971.''
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.
Implementation of Subsection (b)
Pub. L. 101-510, div. A, title VI, Sec. 617(b), Nov. 5, 1990, 104
Stat. 1579, provided that the Secretary of Defense could not implement
subsec. (b) of this section, unless the Secretary submitted to the
Committees on Armed Services of the Senate and House of Representatives
a report justifying the need of the military departments for the
authority provided in such subsection and describing the manner in which
that authority would be implemented, prior to repeal by Pub. L. 106-398,
Sec. 1 [[div. A], title VI, Sec. 626(a)(2)], Oct. 30, 2000, 114 Stat.
1654, 1654A-153.
Pay Continuation
Enactment of this section not to reduce the pay to which any member
of the uniformed services was entitled on June 30, 1971, see section 210
of Pub. L. 92-129, set out as a note under section 203 of this title.
Section Referred to in Other Sections
This section is referred to in sections 302f, 303a, 306 of this
title.
