§ 312a. — Special pay: nucleartrained and qualified enlisted members.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC312a]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 312a. Special pay: nuclear-trained and qualified enlisted
members
(a) Under regulations prescribed by the Secretary of Defense, an
enlisted member of the naval service who--
(1) is entitled to basic pay;
(2) is currently qualified for duty in connection with the
supervision, operation, and maintenance of naval nuclear propulsion
plants; and
(3) has completed at least six, but not more than ten, years of
active duty and executes, when eligible, a reenlistment agreement
for not less than two years;
may upon acceptance of the reenlistment agreement by the Secretary of
the Navy or his designee, be paid a bonus not to exceed six months of
the basic pay to which he was entitled at the time of his discharge or
release, multiplied by the number of years or the monthly fractions
thereof of additional obligated service, not to exceed six years, or
$15,000, whichever is the lesser amount.
(b) Bonus payments authorized under this section may be paid in
either a lump sum or in installments.
(c) An amount paid to a member under subsection (a) is in addition
to all other compensation to which he is entitled and does not count
against the limitation prescribed by section 308(a) of this title
concerning the total amount of reenlistment bonus that may be paid.
(d) Under regulations prescribed by the Secretary of the Navy,
refunds, on a pro rata basis, of sums paid under subsection (a) may be
required, and further payments terminated, if the member who has
received the payment fails to complete his reenlistment contract or
fails to maintain his technical qualification for duty in connection
with supervision, operation, and maintenance of naval nuclear propulsion
plants.
(e) Provisions of this section shall be effective only in the cases
of members who, on or before June 30, 1975, execute the required written
agreement to remain in active service.
(Added Pub. L. 92-581, Sec. 1(3), Oct. 27, 1972, 86 Stat. 1277; amended
Pub. L. 97-295, Sec. 3(3), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 102-25,
title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117.)
Historical and Revision Notes
1982 Act
This amends 37:312a(c) to reflect the amendment made to 37:308 by
section 2 of the Armed Forces Enlisted Personnel Bonus Revision Act of
1974 (Pub. L. 93-277, May 10, 1974, 88 Stat. 119).
Amendments
1991--Subsecs. (c), (d). Pub. L. 102-25 struck out ``of this
section'' after ``subsection (a)''.
1982--Subsec. (c). Pub. L. 97-295 substituted ``section 308(a)'' for
``section 308(c)'' and struck out provision that a member receiving
payment under this section is not entitled to any further payments under
section 308(g) of this title.
Section Referred to in Other Sections
This section is referred to in section 308 of this title.
