§ 308g. — Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC308g]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 308g. Special pay: bonus for enlistment in elements of the
Ready Reserve other than the Selected Reserve
(a) An eligible person who enlists in a combat or combat support
skill of an element (other than the Selected Reserve) of the Ready
Reserve of an armed force for a term of enlistment of not less than six
years, and who has not previously served in an armed force, may be paid
a bonus as provided in subsection (b).
(b) Eligibility for and the amount and method of payment of a bonus
under this section shall be determined in accordance with regulations
prescribed under subsection (g), except that the amount of such a bonus
may not exceed $1,000.
(c) A bonus may not be paid under this section for a term of
enlistment to any person who fails to complete satisfactorily initial
active duty for training or who, upon completion of initial active duty
for training, elects to serve the remainder of the term of enlistment in
the Selected Reserve or in an active component of an armed force.
(d) A person who receives a bonus payment under this section and who
fails during the period for which the bonus was paid to serve
satisfactorily in the element of the Ready Reserve with respect to which
the bonus was paid shall refund to the United States an amount which
bears the same ratio to the amount of the bonus paid to such person as
the period which such person failed to serve satisfactorily bears to the
total period for which the bonus was paid.
(e) An obligation to reimburse the United States imposed under
subsection (d) is, for all purposes, a debt owed to the United States.
(f) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an enlistment for which a bonus
was paid under this section does not discharge the person receiving such
bonus payment from the debt arising under subsection (d). This
subsection applies to any case commenced under title 11 after September
24, 1983.
(g) This section shall be administered under regulations prescribed
by the Secretary of Defense for the armed forces under his jurisdiction
and by the Secretary of Homeland Security for the Coast Guard when it is
not operating as a service in the Navy.
(h) A bonus may not be paid under this section to any person for an
enlistment after September 30, 1992.
(Added Pub. L. 98-94, title X, Sec. 1011(a), Sept. 24, 1983, 97 Stat.
663; amended Pub. L. 99-145, title VI, Sec. 646(a)(1), title XIII,
Sec. 1303(b)(3), Nov. 8, 1985, 99 Stat. 654, 740; Pub. L. 100-180, div.
A, title VI, Sec. 626(b), Dec. 4, 1987, 101 Stat. 1104; Pub. L. 101-189,
div. A, title VI, Sec. 613, Nov. 29, 1989, 103 Stat. 1446; Pub. L. 102-
25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L.
107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
Amendments
2002--Subsec. (g). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
1991--Pub. L. 102-25 struck out ``of this section'' wherever
appearing in subsecs. (a), (b), (e), and (f).
1989--Subsec. (h). Pub. L. 101-189 substituted ``September 30,
1992'' for ``September 30, 1990''.
1987--Subsec. (h). Pub. L. 100-180 substituted ``September 30,
1990'' for ``September 30, 1987''.
1985--Subsec. (f). Pub. L. 99-145, Sec. 1303(b)(3), substituted
``September 24, 1983'' for ``the date of the enactment of the Department
of Defense Authorization Act, 1984''.
Subsec. (h). Pub. L. 99-145, Sec. 646(a)(1), substituted ``September
30, 1987'' for ``September 30, 1985''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 1985 Amendment
Amendment by section 646(a)(1) of Pub. L. 99-145 effective Oct. 1,
1985, see section 646(d) of Pub. L. 99-145, set out as a note under
section 308h of this title.
Effective Date
Section 1011(c) of Pub. L. 98-94 provided that: ``The amendments
made by subsections (a) and (b) [enacting this section and section 308h
of this title and repealing section 308d of this title] shall take
effect on October 1, 1983.''
Coast Guard; Reserve Forces Readiness Provisions Inapplicable
Reserve Forces Readiness provisions, including amendment of subsec.
(b) of this section by Pub. L. 98-525 and Individual Ready Reserve
Reenlistment Bonuses note above inapplicable to Coast Guard, see section
552(g) of Pub. L. 98-525, set out as a Reserve Forces Readiness note
under section 12001 of Title 10, Armed Forces.
