§ 302b. — Special pay: 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: 37USC302b]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 302b. Special pay: dental officers of the armed forces
(a) Variable, Additional, and Board Certification Special Pay.--(1)
An officer who--
(A) 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; and
(B) 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) $3,000 per year, if the officer is undergoing dental
internship training or has less than three years of creditable
service.
(B) $7,000 per year, if the officer has at least three but less
than six years of creditable service and is not undergoing dental
internship training.
(C) $7,000 per year, if the officer has at least six but less
than eight years of creditable service.
(D) $12,000 per year, if the officer has at least eight but less
than 12 years of creditable service.
(E) $10,000 per year, if the officer has at least 12 but less
than 14 years of creditable service.
(F) $9,000 per year, if the officer has at least 14 but less
than 18 years of creditable service.
(G) $8,000 per year, if the officer has 18 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 (b), an officer entitled to variable
special pay under paragraph (2) or (3) is entitled to additional special
pay for any 12-month period during which the officer is not undergoing
dental internship or residency training. Such additional special pay
shall be paid at the following rates:
(A) $4,000 per year, if the officer has less than three years of
creditable service.
(B) $6,000 per year, if the officer has at least three but less
than 10 years of creditable service.
(C) $15,000 per year, if the officer has 10 or more years of
creditable service.
(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 10 years of
creditable service.
(B) $3,500 per year, if the officer has at least 10 but less
than 12 years of creditable service.
(C) $4,000 per year, if the officer has at least 12 but less
than 14 years of creditable service.
(D) $5,000 per year, if the officer has at least 14 but less
than 18 years of creditable service.
(E) $6,000 per year, if the officer has 18 or more years of
creditable service.
(b) Active-Duty Agreement.--(1) An officer may not be paid
additional special pay under subsection (a)(4) for any 12-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). If such entitlement is
terminated, the officer concerned is entitled to be paid such special
pay only for the part of the period on active duty that the officer
served, and the officer may be required to refund any amount in excess
of that entitlement.
(c) 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 internship or residency
training for purposes of subsections (a)(2)(A), (a)(2)(B), and
(a)(4); and
(2) whether an officer is board certified for purposes of
subsection (a)(5).
(d) 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) shall be paid
annually at the beginning of the 12-month period for which the officer
is entitled to such payment.
(e) 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) 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.
(f) Effect of Discharge in Bankruptcy.--A discharge in bankruptcy
under title 11 shall not release a person from an obligation to
reimburse the United States required under the terms of an agreement
described in subsection (b) if the final decree of the discharge in
bankruptcy was issued within a period of five years after the last day
of a period which such person had agreed to serve on active duty. This
subsection applies to a discharge in bankruptcy in any proceeding which
begins after September 30, 1985.
(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 dental internship or
residency training during which the officer was not on active duty;
and
(2) all periods of active service in the Dental Corps of the
Army or Navy, as an officer of the Air Force designated as a dental
officer, or as a dental officer of the Public Health Service.
(h) Reserve Dental Officers Special Pay.--(1) A reserve dental
officer described in paragraph (2) is entitled to special pay at the
rate of $350 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 dental officer referred to in paragraph (1) is a
reserve officer who--
(A) 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; and
(B) is on active duty under a call or order to active duty for a
period of less than one year.
(Added Pub. L. 93-274, Sec. 1(2), May 6, 1974, 88 Stat. 94; amended Pub.
L. 96-284, Sec. 4(b), June 28, 1980, 94 Stat. 591; Pub. L. 99-145, title
VI, Sec. 639(a), Nov. 8, 1985, 99 Stat. 649; Pub. L. 102-25, title VII,
Sec. 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104-201,
div. A, title VI, Sec. 615(a), (b), (e), Sept. 23, 1996, 110 Stat. 2545,
2547; Pub. L. 105-85, div. A, title VI, Sec. 618, Nov. 18, 1997, 111
Stat. 1789.)
Amendments
1997--Subsec. (a)(2)(C) to (G). Pub. L. 105-85, Sec. 618(a), added
subpars. (C) to (G) and struck out former subpars. (C) to (F) which read
as follows:
``(C) $7,000 per year, if the officer has at least six but less than
10 years of creditable service.
``(D) $6,000 per year, if the officer has at least 10 but less than
14 years of creditable service.
``(E) $4,000 per year, if the officer has at least 14 but less than
18 years of creditable service.
``(F) $3,000 per year, if the officer has 18 or more years of
creditable service.''
Subsec. (a)(3). Pub. L. 105-85, Sec. 618(b), substituted ``$7,000''
for ``$1,000''.
Subsec. (a)(4)(B) to (D). Pub. L. 105-85, Sec. 618(c), added
subpars. (B) and (C) and struck out former subpars. (B) to (D) which
read as follows:
``(B) $6,000 per year, if the officer has at least three but less
than 14 years of creditable service.
``(C) $8,000 per year, if the officer has at least 14 but less than
18 years of creditable service.
``(D) $10,000 per year, if the officer has at least 18 or more years
of creditable service.''
1996--Subsec. (a). Pub. L. 104-201, Sec. 615(e)(1), inserted
heading.
Subsec. (a)(2). Pub. L. 104-201, Sec. 615(a)(1), substituted
``$3,000'' for ``$1,200'' in subpar. (A), ``$7,000'' for ``$2,000'' in
subpar. (B), and ``$7,000'' for ``$4,000'' in subpar. (C).
Subsec. (a)(4). Pub. L. 104-201, Sec. 615(a)(2), added subpars. (A)
to (D) and struck out former subpars. (A) to (C) which read as follows:
``(A) $6,000 per year, if the officer has at least three but less
than 14 years of creditable service.
``(B) $8,000 per year, if the officer has at least 14 but less than
18 years of creditable service.
``(C) $10,000 per year, if the officer has 18 or more years of
creditable service.''
Subsec. (a)(5). Pub. L. 104-201, Sec. 615(a)(3), added subpars. (A)
to (E) and struck out former subpars. (A) to (C) which read as follows:
``(A) $2,000 per year, if the officer has less than 12 years of
creditable service.
``(B) $3,000 per year, if the officer has at least 12 but less than
14 years of creditable service.
``(C) $4,000 per year, if the officer has 14 or more years of
creditable service.''
Subsecs. (b) to (g). Pub. L. 104-201, Sec. 615(e)(2)-(7), inserted
headings.
Subsec. (h). Pub. L. 104-201, Sec. 615(b), added subsec. (h).
1991--Pub. L. 102-25 struck out ``of this section'' wherever
appearing, except in subsec. (g), and struck out ``of this subsection''
wherever appearing.
1985--Pub. L. 99-145 amended section generally, substituting
``Special pay: dental officers of the armed forces'' for ``Special pay:
dentists'' in section catchline and new text for former text which read
as follows: ``An officer of the Army or Navy in the Dental Corps, an
officer of the Air Force who is designated as a dental officer, or a
dental officer of the Public Health Service, who is on active duty for a
period of at least one year is entitled to special pay at the following
rates--
``(1) $100 a month for each month of active duty if he has not
completed two years of active duty in the Dental Corps or as a
dental officer;
``(2) $150 a month for each month of active duty if he has
completed at least two years of active duty in the Dental Corps or
as a dental officer;
``(3) $250 a month for each month of active duty if he has
completed at least six years of active duty in the Dental Corps or
as a dental officer; or
``(4) $350 a month for each month of active duty if he has
completed at least ten years of active duty in the Dental Corps or
as a dental officer.''
1980--Pub. L. 96-284 struck out ``, in addition to any other pay or
allowances to which he is entitled,'' after ``entitled'' and last
sentence containing 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.
Effective Date of 1985 Amendment
Section 639(f) of Pub. L. 99-145 provided that: ``The amendments
made by this section [amending this section, repealing section 311 of
this title, and enacting provisions set out as notes under this section]
take effect on October 1, 1985.''
Effective Date
Section effective June 1, 1974, see section 2 of Pub. L. 93-274, set
out as an Effective Date of 1974 Amendment note under section 302 of
this title.
Authority for Certain Dental Officers To Execute New Agreements
Section 639(c) of Pub. L. 99-145 provided that:
``(1) Subject to paragraphs (2) and (3), a dental officer who on
October 1, 1985, is performing obligated service under an agreement
under section 311 of title 37, United States Code, that--
``(A) was executed after June 29, 1985; and
``(B) is affected by the limitation in section 8091 of the
Department of Defense Appropriations Act, 1985 (as contained in
section 101(h) of Public Law 98-473),
may execute a new agreement under section 302b of such title (as amended
by subsection (a)).
``(2) A dental officer may not execute a new agreement under
paragraph (1) unless the amount that may be paid such officer under an
agreement under section 302b of title 37, United States Code (as amended
by subsection (a)), is greater than the amount to be paid the officer
under the existing agreement of the officer under section 311 of such
title.
``(3) In executing a written agreement under paragraph (1), the
officer shall agree to remain on active duty for an additional length of
time equal to or exceeding the length of time originally required by the
existing agreement, beginning on the date the officer accepts the award
of special pay under the new agreement.
``(4) If a new agreement is executed under this subsection, the
existing agreement of the officer shall be canceled.
``(5) For the purposes of this section, the term `dental officer'
has the meaning given that term in section 101 of title 10, United
States Code.''
Minimum Special Pay
Section 639(d) of Pub. L. 99-145, as amended by Pub. L. 99-661, div.
A, title XIII, Sec. 1342(c), Nov. 14, 1986, 100 Stat. 3991, provided
that:
``(1) An officer described in paragraph (2) who, after September 30,
1985, is entitled to special pay under section 302b of title 37, United
States Code (as amended by subsection (a)), may (notwithstanding the
provisions of such section and in the discretion of the Secretary
concerned) be paid such pay, in order to prevent inequities, in an
annual amount equal to the total annual amount of dental continuation
pay under section 311 of title 37, United States Code, and special pay
for dental officers under section 302b of that title to which that
officer would have been entitled on September 30, 1985, in accordance
with the status of the officer (as determined by the Secretary
concerned) during the period for which the pay is paid. Notwithstanding
the preceding sentence, an officer may not be paid special pay by reason
of this paragraph in an amount greater than the amount of special pay to
which the officer was entitled under such sections on September 30,
1985.
``(2) Paragraph (1) applies to an officer who on September 30, 1985,
is entitled to dental continuation pay under section 311 of title 37,
United States Code; or to special pay for dental officers under section
302b of that title.''
[Amendment of this note by Pub. L. 99-661 effective Nov. 14, 1986,
see section 1342(h)(1) of Pub. L. 99-661, set out as an Effective Date
of 1986 Amendment note under section 301 of this title.]
Section Referred to in Other Sections
This section is referred to in sections 301e, 302f, 303a, 303b, 306
of this title.
