§ 302f. — Special pay: reserve, recalled, or retained health care officers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC302f]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 302f. Special pay: reserve, recalled, or retained health
care officers
(a) Eligible for Special Pay.--A health care officer described in
subsection (b) shall be eligible for special pay under section 302,
302a, 302b, 302c, 302e, or 303 of this title (whichever applies)
notwithstanding any requirement in those sections that--
(1) the call or order of the officer to active duty be for a
period of not less than one year; or
(2) the officer execute a written agreement to remain on active
duty for a period of not less than one year.
(b) Health Care Officers Described.--A health care officer referred
to in subsection (a) is an officer of the armed forces who is otherwise
eligible for special pay under section 302, 302a, 302b, 302c, 302e, or
303 of this title and who--
(1) is a reserve officer on active duty (other than for
training) under a call or order to active duty for a period of more
than 30 days but less than one year;
(2) is involuntarily retained on active duty under section 12305
of title 10, or is recalled to active duty under section 688 of
title 10 for a period of more than 30 days; or
(3) voluntarily agrees to remain on active duty for a period of
less than one year at a time when--
(A) officers are involuntarily retained on active duty under
section 12305 of title 10; or
(B) the Secretary of Defense determines (pursuant to
regulations prescribed by the Secretary) that special
circumstances justify the payment of special pay under this
section.
(c) Monthly Payments.--Payment of special pay pursuant to this
section may be made on a monthly basis. The officer shall refund any
amount received under this section in excess of the amount that
corresponds to the actual period of active duty served by the officer.
(d) Special Rule for Reserve Medical and Dental Officers.--While a
reserve medical or dental officer receives a special pay under section
302 or 302b of this title by reason of subsection (a), the officer shall
not be entitled to special pay under section 302(h) or 302b(h) of this
title.
(Added Pub. L. 102-190, div. A, title VI, Sec. 634(a), Dec. 5, 1991, 105
Stat. 1381; amended Pub. L. 104-106, div. A, title XV,
Sec. 1501(d)(4)(A), Feb. 10, 1996, 110 Stat. 500; Pub. L. 106-398,
Sec. 1 [[div. A], title VI, Sec. 625(b)], Oct. 30, 2000, 114 Stat. 1654,
1654A-153.)
Amendments
2000--Subsec. (d). Pub. L. 106-398 amended heading and text of
subsec. (d) generally. Prior to amendment, text read as follows: ``While
a reserve medical officer receives a special pay under section 302 of
this title by reason of subsection (a), the officer shall not be
entitled to special pay under subsection (h) of that section.''
1996--Subsec. (b)(2), (3)(A). Pub. L. 104-106 substituted ``section
12305 of title 10'' for ``section 673c of title 10''.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-106 effective as if included in the Reserve
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set
out as a note under section 113 of Title 10, Armed Forces.
Active Duty in Connection With Operation Desert Storm
Pub. L. 102-25, title III, Sec. 304, Apr. 25, 1991, 105 Stat. 81, as
amended by Pub. L. 102-190, div. A, title VI, Sec. 656, Dec. 5, 1991,
105 Stat. 1393, provided that:
``(a) Eligible for Special Pay.--A health care officer described in
subsection (b) shall be eligible for special pay under section 302,
302a, 302b, 302e, or 303 of title 37, United States Code (whichever
applies), notwithstanding any requirement in those sections that--
``(1) the call or order of the officer to active duty be for a
period of not less than one year; or
``(2) the officer execute a written agreement to remain on
active duty for a period of not less than one year.
``(b) Health Care Officers Described.--A health care officer
referred to in subsection (a) is an officer of the Armed Forces who is
otherwise eligible for special pay under section 302, 302a, 302b, 302e,
or 303 of title 37, United States Code, and who--
``(1) is a reserve officer on active duty under a call or order
to active duty for a period of less than one year in connection with
Operation Desert Storm;
``(2) is involuntarily retained on active duty under section
673c [now 12305] of title 10, United States Code, or is recalled to
active duty under section 688 of that title, in connection with
Operation Desert Storm; or
``(3) voluntarily agrees to remain on active duty for a period
of less than one year in connection with Operation Desert Storm.
``(c) Monthly Payments.--Payment of special pay pursuant to this
section may be made on a monthly basis. If the service on active duty of
an officer described in subsection (b) is terminated before the end of
the period for which a payment is made to the officer under subsection
(a), the officer is entitled to special pay under section 302, 302a,
302b, 302e, or 303 of title 37, United States Code (whichever applies),
only for the portion of that period that the officer actually served on
active duty. The officer shall refund any amount received in excess of
the amount that corresponds to the period of active duty of the officer.
``(d) Special Rule for Reserve Medical Officer.--While a reserve
medical officer receives a special pay under section 302 of title 37,
United States Code, by operation of subsection (a), the officer shall
not be entitled to special pay under subsection (h) of that section.
``(e) Period of Applicability.--Subsection (a) shall apply during
the period beginning on August 1, 1990, and ending on the first day of
the first month beginning on or after the date 180 days after the end of
the Persian Gulf conflict.''
Section Referred to in Other Sections
This section is referred to in section 303a of this title.
