§ 305a. — Special pay: career sea pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC305a]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 305a. Special pay: career sea pay
(a) Availability of Special Pay.--A member of a uniformed service
who is entitled to basic pay is also entitled, while on sea duty, to
special pay at the applicable rate under subsection (b).
(b) Rates; Maximum.--The Secretary concerned shall prescribe the
monthly rates for special pay applicable to members of each armed force
under the Secretary's jurisdiction. No monthly rate may exceed $750.
(c) Premium.--A member of a uniformed service entitled to career sea
pay under this section who has served 36 consecutive months of sea duty
is also entitled to a career sea pay premium for the thirty-seventh
consecutive month and each subsequent consecutive month of sea duty
served by such member. The monthly amount of the premium shall be
prescribed by the Secretary concerned, but may not exceed $350.
(d) Regulations.--The Secretary concerned shall prescribe
regulations for the administration of this section for the armed force
or armed forces under the jurisdiction of the Secretary. The
entitlements under this section shall be subject to the regulations.
(e) Definition of Sea Duty.--(1) In this section, the term ``sea
duty'' means duty performed by a member--
(A) while permanently or temporarily assigned to a ship and--
(i) while serving on a ship the primary mission of which is
accomplished while under way;
(ii) while serving as a member of the off-crew of a two-
crewed submarine; or
(iii) while serving as a member of a tender-class ship (with
the hull classification of submarine or destroyer); or
(B) while permanently or temporarily assigned to a ship and
while serving on a ship the primary mission of which is normally
accomplished while in port, but only during a period that the ship
is away from its homeport.
(2) The Secretary concerned may designate duty performed by a member
while serving on a ship the primary mission of which is accomplished
either while under way or in port as ``sea duty'' for purposes of this
section, even though the duty is performed while the member is
permanently or temporarily assigned to a ship-based staff or other unit
not covered by paragraph (1).
(3) For the purpose of determining the years of sea duty with which
a member may be credited for purposes of this section, the term ``sea
duty'' also includes duty performed after December 31, 1988, by a member
while permanently or temporarily assigned to a ship or ship-based staff
and while serving on a ship on which the member would be entitled,
during a period that the ship is away from its homeport, to receive sea
pay by reason of paragraph (1)(B).
(4) A ship shall be considered to be away from its homeport for
purposes of this subsection when it is--
(A) at sea; or
(B) in a port that is more than 50 miles from its homeport.
(Added Pub. L. 95-485, title VIII, Sec. 804(a)(1), (2), Oct. 20, 1978,
92 Stat. 1620; amended Pub. L. 96-343, Sec. 3(a), (b), Sept. 8, 1980, 94
Stat. 1124; Pub. L. 96-579, Sec. 4(a), Dec. 23, 1980, 94 Stat. 3364;
Pub. L. 97-60, title I, Sec. 116, Oct. 14, 1981, 95 Stat. 996; Pub. L.
97-295, Sec. 3(1), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 98-525, title
VI, Sec. 623(a), Oct. 19, 1984, 98 Stat. 2541; Pub. L. 99-145, title VI,
Sec. 634(a), Nov. 8, 1985, 99 Stat. 647; Pub. L. 100-26, Sec. 8(e)(5),
Apr. 21, 1987, 101 Stat. 286; Pub. L. 100-180, div. A, title VI,
Sec. 621(a)-(c), Dec. 4, 1987, 101 Stat. 1097, 1099; Pub. L. 100-224,
Sec. 5(a)(1), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 100-456, div. A,
title XII, Sec. 1233(b)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 101-
189, div. A, title VI, Sec. 653(b), Nov. 29, 1989, 103 Stat. 1462; Pub.
L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117;
Pub. L. 102-190, div. A, title XI, Sec. 1111(d)(3), Dec. 5, 1991, 105
Stat. 1492; Pub. L. 104-106, div. A, title VI, Sec. 618, Feb. 10, 1996,
110 Stat. 362; Pub. L. 105-85, div. A, title VI, Sec. 620, Nov. 18,
1997, 111 Stat. 1790; Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 630(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-156.)
Amendments
2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 630(a)(1)], inserted heading and substituted ``A member'' for
``Under regulations prescribed by the President, a member'' in text.
Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 630(a)(3)], added subsec. (b) and struck out former subsec. (b)
which contained tables specifying the monthly rates for special pay
under subsec. (a) for enlisted members, warrant officers, and
commissioned officers.
Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 630(a)(3)], added subsec. (c) and struck out former subsec. (c)
which read as follows: ``Under regulations prescribed by the President,
a member of a uniformed service who is entitled to career sea pay under
this section who has served 36 consecutive months of sea duty (other
than an enlisted member in a pay grade above E-4 with more than five
years of sea duty) is entitled to a career sea pay premium of $100 a
month for the thirty-seventh consecutive month and each subsequent
consecutive month of sea duty served by such member.''
Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 630(a)(3)], added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 630(a)(2), (b)], redesignated subsec. (d) as (e) and inserted
heading.
1997--Subsec. (d)(1)(A). Pub. L. 105-85, Sec. 620(1), struck out ``,
ship-based staff, or ship-based aviation unit'' after ``assigned to a
ship''.
Subsec. (d)(1)(B). Pub. L. 105-85, Sec. 620(2), struck out ``or
ship-based staff'' after ``assigned to a ship''.
Subsec. (d)(2) to (4). Pub. L. 105-85, Sec. 620(3), (4), added par.
(2) and redesignated former pars. (2) and (3) as (3) and (4),
respectively.
1996--Subsec. (d)(1)(A). Pub. L. 104-106 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ``while
permanently or temporarily assigned to a ship, ship-based staff, or
ship-based aviation unit and while serving on a ship the primary mission
of which is accomplished while under way or while serving as a member of
the off-crew of a two-crewed submarine; or''.
1991--Subsec. (a). Pub. L. 102-25 struck out ``of this section''
after ``subsection (b)''.
Subsec. (b). Pub. L. 102-190, in table pertaining to warrant
officers, added provisions relating to pay grade W-5 in three places.
1989--Subsec. (b). Pub. L. 101-189 inserted ``COMMISSIONED'' before
``OFFICERS'' in heading of table relating to officers in pay grades O-1
through O-6.
1988--Subsec. (d)(2). Pub. L. 100-456 substituted ``after December
31, 1988,'' for ``on or after the effective date specified in section
621(e)(1) of the National Defense Authorization Act for Fiscal Year
1988''.
1987--Subsec. (b). Pub. L. 100-224 substituted ``Over 14'' for
``Over 13'' in table relating to warrant officers.
Pub. L. 100-180, Sec. 621(a), in amending subsec. (b) generally,
struck out ``of this section'' after ``subsection (a)'' in introductory
provisions and amended table pertaining to enlisted members so as to
reflect downward adjustment in monthly special pay rates for persons in
pay grade E-4 having over 2 years of sea duty and for persons in pay
grades E-5 through E-9 having less than 5 years of sea duty, and amended
table so as to reflect upward adjustment for persons in pay grades E-5
through E-9 having over 5 years of sea duty, amended table pertaining to
warrant officers so as to reflect upward adjustment for persons in pay
grades W-1 through W-3 having over 9 years of sea duty and for persons
in pay grade W-4 having over 10 years of sea duty, and in table
pertaining to officers for pay grade O-4 substituted ``220'' for ``215''
in the column for ``Over 8''.
Subsec. (c). Pub. L. 100-180, Sec. 621(b), inserted ``(other than an
enlisted member in a pay grade above E-4 with more than five years of
sea duty)'' after first reference to ``sea duty''.
Subsec. (d). Pub. L. 100-180, Sec. 621(c), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``In this
section, the term `sea duty' means duty performed by a member--
``(1) while permanently or temporarily assigned to a ship, ship-
based staff, or ship-based aviation unit and while serving on a ship
the primary mission of which is accomplished while underway or while
serving as a member of the off crew of a two-crewed submarine; or
``(2) while permanently or temporarily assigned to a ship or
ship-based staff and while serving on a ship the primary mission of
which is normally accomplished while in port, but only during a
period that the ship is away from its homeport for 30 consecutive
days or more.
A ship is considered away from its homeport for purposes of clause (2)
of the first sentence when it is at sea or in a port that is more than
50 miles from its homeport.''
Pub. L. 100-26 substituted ``In this section,'' for ``For the
purposes of this section,''.
1985--Subsec. (b). Pub. L. 99-145 amended table for warrant officers
for pay grade W-3 by substituting ``330'' for ``310'' in column for
``Over 12'', and for pay grade W-4, substituted ``320'' for ``310'' in
column for ``Over 10'', substituted ``330'' for ``310'' in column for
``Over 11'', and ``350'' for ``310'' in column for ``Over 12'', inserted
columns for ``Over 14'', ``Over 16'', ``Over 18'', and ``Over 20'', and
in table for commissioned officers inserted columns for ``Over 14'',
``Over 16'', ``Over 18'', and ``Over 20'', and struck out the subscript
qualifier for pay grades O-1 and O-2, which read: ``Commissioned
officers with at least four years of active service as enlisted members
or as noncommissioned warrant officers''.
1984--Subsec. (b). Pub. L. 98-525 amended table relating to rates of
pay for enlisted members by substituting ``265'' for ``255'' and ``320''
for ``310'' in column for ``Over 10'', ``265'' for ``255'' and ``330''
for ``310'' in column for ``Over 11'', ``280'' for ``255'', ``320'' for
``310'', and ``350'' for ``310'' in column for ``Over 12'', and inserted
columns for ``Over 13'', ``Over 14'', ``Over 16'', and ``Over 18''.
1982--Subsec. (d). Pub. L. 97-295 substituted ``clause (2)'' for
``clause (B)'' after ``for purposes of''.
1981--Subsec. (d)(1). Pub. L. 97-60 inserted provisions relating to
service as a member of the off crew of a two-crewed submarine.
1980--Subsec. (a). Pub. L. 96-579 substituted provision declaring a
member of a uniformed service entitled to basic pay as eligible for
special pay for prior provision for eligibility to such pay of an
enlisted member of a uniformed service entitled to basic pay, in pay
grade E-4 or above, with three years of sea duty.
Subsec. (b). Pub. L. 96-579 substituted special monthly pay table
for enlisted members, warrant officers, and commissioned officers for
prior special monthly rate for enlisted members for sea duty above
prescribed number of years: $29, 3 yrs.; $40, 5 yrs.; $52, 7 yrs.; $63,
9 yrs.; $75, 10 yrs.; $86, 11 yrs.; and $115, 12 yrs.
Pub. L. 96-343 substituted provision authorizing monthly rates of
special pay of $29 for over 3 years, $40 for over 5 years, $52 for over
7 years, $63 for over 10 years, $86 for over 11 years, and $115 for over
12 years for provision authorizing monthly rates of special pay during
fiscal year 1979 or 1980 of $25 for over 3 years, $35 for over 5 years,
and $55 for over 12 years and for fiscal year 1981 rates of $25 for over
3 years, $35 for over 5 years, $45 for over 7 years, and $55 for over 12
years.
Subsecs. (c), (d). Pub. L. 96-579 added subsecs. (c) and (d).
Effective Date of 2000 Amendment
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 630(c)], Oct. 30,
2000, 114 Stat. 1654, 1654A-156, provided that: ``The amendments made by
this section [amending this section] shall take effect on October 1,
2000, and shall apply with respect to months beginning on or after that
date.''
Effective Date of 1991 Amendment
Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section
1132 of Pub. L. 102-190, set out as a note under section 521 of Title
10, Armed Forces.
Effective Date of 1987 Amendment; Save Pay; Definitions
Section 621(d)-(f) of Pub. L. 100-180 provided that:
``(d) Save Pay.--A member of the uniformed services who at any time
during the three-month period ending on the day before the effective
date applicable to that member under subsection (e) for the new rates of
career sea pay is entitled to career sea pay at a rate that is higher
than the rate established under such new rates for the member's pay
grade and years of sea duty shall be paid such special pay, when
entitled to receive it, at such higher rate until the member is
permanently reassigned to duty for which the member is not entitled to
such special pay. In the case of a member covered by the preceding
sentence who is reduced in grade under the Uniform Code of Military
Justice (chapter 47 of title 10, United States Code), the old rate of
career sea pay applicable to such member under the preceding sentence
which may be paid in lieu of the rate applicable to the member under the
new rates of career sea pay shall be the rate under the old rates of
career sea pay for the member's pay grade as so reduced and the member's
years of sea duty.
``(e) Effective Date.--(1) Except as provided under paragraph (2),
the amendments made by this section [amending this section] shall take
effect on the first day of the first month beginning after the date of
the enactment of this Act [Dec. 4, 1987] and shall apply with respect to
duty performed on or after that date.
``(2) The new rates of career sea pay that are applicable to
enlisted members in pay grades above pay grade E-4 who have five or more
years of sea duty and the amendment made by subsection (b) [amending
this section] shall take effect on the first day of the fourth month
beginning after the effective date specified under paragraph (1). In the
case of such members, the old rates of career sea pay shall remain in
effect until the new rates take effect under the preceding sentence.
``(f) Definitions.--For purposes of subsections (d) and (e):
``(1) The term `career sea pay' means special pay under section
305a of title 37, United States Code.
``(2) The term `old rates', with respect to career sea pay,
means the rates of such pay in effect on the date of the enactment
of this Act [Dec. 4, 1987].
``(3) The term `new rates', with respect to career sea pay,
means the rates of such pay provided by the amendment made by
subsection (a) [amending this section].''
Effective Date of 1985 Amendment
Section 634(b) of Pub. L. 99-145 provided that: ``The amendment made
by this section [amending this section] shall take effect on October 1,
1985.''
Effective Date of 1984 Amendment
Section 623(c) of Pub. L. 98-525 provided that: ``The amendments
made by this section [amending this section and section 307 of this
title] shall take effect on October 1, 1984.''
Effective Date of 1980 Amendments
Section 4(b) of Pub. L. 96-579 provided: ``The amendment made by
this section [amending this section] shall be effective with respect to
special pay payable under section 305a of title 37, United States Code,
for months after the month in which this section is enacted [December
1980].''
Section 3(c) of Pub. L. 96-343 provided that: ``The amendments made
by this section [amending this section and repealing section 804(a)(2)
of Pub. L. 95-485, formerly set out as a note below] shall be effective
with respect to special pay payable under section 305a of title 37,
United States Code, for months after August 1980.''
Effective Date
Section 804(a)(1) of Pub. L. 95-485 provided that this section is
effective Oct. 1, 1978.
Repeals
Pub. L. 95-485, title VIII, Sec. 804(a)(2), Oct. 20, 1978, 92 Stat.
1620, which amended subsec. (b) of this section effective Oct. 1, 1981,
to provide for monthly rates of special pay of $25 for over 3 years, $35
for over 5 years, $45 for over 7 years, $55 for over 9 years, $65 for
over 10 years, $75 for over 11 years, and $100 for over 12 years was
repealed by Pub. L. 96-343, Sec. 3(b), Sept. 8, 1980, 94 Stat. 1124.
Determination of Amount of Sea Credit; Periods Prior to October 1, 1978
Section 804(a)(3) of Pub. L. 95-485 provided that: ``In determining
the amount of sea duty to be credited to an enlisted member of a
uniformed service for purposes of section 305a of title 37, United
States Code (as added by paragraph (1)), the Secretary concerned shall
credit such member with all periods of service by such member before
October 1, 1978, during which such member served in a sea duty status.''
Section Referred to in Other Sections
This section is referred to in section 907 of this title.
