§ 312c. — Special pay: nuclear career annual incentive bonus.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC312c]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 312c. Special pay: nuclear career annual incentive bonus
(a)(1) Under regulations prescribed by the Secretary of the Navy, an
officer of the naval service who--
(A) is entitled to basic pay;
(B) is not above the pay grade O-6;
(C) has completed his initial obligated active service as an
officer;
(D) has, as a commissioned officer, successfully completed
training for duty in connection with the supervision, operation, and
maintenance of naval nuclear propulsion plants; and
(E) has the current technical qualifications for duty in
connection with the supervision, operation, and maintenance of naval
nuclear propulsion plants;
may, in addition to all other compensation to which he is entitled, be
paid an annual bonus in an amount not to exceed $22,000 for each nuclear
service year.
(2) In order to be eligible for an annual bonus for any nuclear
service year in accordance with this subsection, an otherwise
technically qualified officer must have been on active duty on the last
day of that nuclear service year.
(3) The amount of the annual bonus to which an officer would
otherwise be entitled for a nuclear service year in accordance with this
subsection shall be reduced on a pro rata basis for each day of that
nuclear service year on which he--
(A) was not on active duty;
(B) was not technically qualified for duty in connection with
the supervision, operation, and maintenance of naval nuclear
propulsion plants;
(C) was performing obligated service as the result of an active-
service agreement executed under section 312 of this title; or
(D) was entitled to receive aviation career incentive pay in
accordance with section 301a while serving in a billet other than a
billet that required the officer--
(i) be technically qualified for duty in connection with the
supervision, operation, and maintenance of naval nuclear
propulsion plants; and
(ii) be qualified for the performance of operational flying
duties.
(b)(1) Under regulations prescribed by the Secretary of the Navy, an
officer of the naval service who--
(A) is entitled to basic pay;
(B) is not above the pay grade O-6;
(C) has, as an enlisted member, received training for duty in
connection with the supervision, operation, and maintenance of naval
nuclear propulsion plants; and
(D) has the current technical qualifications for duty in
connection with the supervision, operation, and maintenance of naval
nuclear propulsion plants;
may, in addition to all other compensation to which he is entitled, be
paid an annual bonus in an amount not to exceed $10,000 for each nuclear
service year.
(2) In order to be eligible for an annual bonus for any nuclear
service year in accordance with this subsection, an otherwise
technically qualified officer must have been on active duty on the last
day of that nuclear service year.
(3) The amount of the annual bonus to which an officer would
otherwise be entitled in accordance with this subsection shall be
reduced on a pro rata basis for each day of that nuclear service year on
which he--
(A) was not in an assignment involving the direct supervision,
operation, or maintenance of naval nuclear propulsion plants;
(B) was performing obligated service as the result of an active-
service agreement executed under section 312 of this title; or
(C) was entitled to receive aviation career incentive pay in
accordance with section 301a while serving in a billet other than a
billet--
(i) involving the direct supervision, operation, or
maintenance of naval nuclear propulsion plants; and
(ii) that required the officer be qualified for the
performance of operational flying duties.
(c) Under regulations prescribed by the Secretary of the Navy, an
officer of the naval service who is not on active duty on the last day
of a nuclear service year or who, on or before the last day of a nuclear
service year, loses his technical qualifications or advances from the
pay grade of O-6 to a higher pay grade may be paid a bonus in accordance
with subsection (a) or (b) on a pro rata basis, if otherwise qualified,
unless termination of active duty or loss of technical qualifications
was voluntary or was the result of his own misconduct.
(d) For the purposes of this section, a ``nuclear service year'' is
any fiscal year beginning before December 31, 2003.
(Added Pub. L. 94-356, Sec. 3, July 12, 1976, 90 Stat. 901; amended Pub.
L. 96-513, title V, Sec. 516(9), Dec. 12, 1980, 94 Stat. 2938; Pub. L.
96-579, Sec. 2(c), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 99-145, title
VI, Sec. 632(c), Nov. 8, 1985, 99 Stat. 645; Pub. L. 101-189, div. A,
title VI, Sec. 614(c), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 101-510,
div. A, title XIII, Sec. 1322(c)(8), Nov. 5, 1990, 104 Stat. 1672; Pub.
L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117;
Pub. L. 103-337, div. A, title VI, Sec. 613(i), Oct. 5, 1994, 108 Stat.
2784; Pub. L. 104-106, div. A, title VI, Sec. 613(g), Feb. 10, 1996, 110
Stat. 360; Pub. L. 104-201, div. A, title VI, Sec. 613(f), Sept. 23,
1996, 110 Stat. 2544; Pub. L. 105-85, div. A, title VI, Secs. 613(f),
624(c), Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105-261, div. A,
title VI, Sec. 613(f), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106-65,
div. A, title VI, Secs. 613(g), 624(c), Oct. 5, 1999, 113 Stat. 650,
654; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 623(e)], Oct. 30,
2000, 114 Stat. 1654, 1654A-152; Pub. L. 107-107, div. A, title VI,
Sec. 613(c), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107-314, div. A,
title VI, Sec. 613(c), Dec. 2, 2002, 116 Stat. 2568.)
Amendments
2002--Subsec. (d). Pub. L. 107-314 substituted ``December 31, 2003''
for ``December 31, 2002''.
2001--Subsec. (d). Pub. L. 107-107 substituted ``December 31, 2002''
for ``December 31, 2001''.
2000--Subsec. (d). Pub. L. 106-398 substituted ``December 31, 2001''
for ``December 31, 2000''.
1999--Subsec. (a)(1). Pub. L. 106-65, Sec. 624(c)(1), substituted
``$22,000'' for ``$12,000'' in concluding provisions.
Subsec. (b)(1). Pub. L. 106-65, Sec. 624(c)(2), substituted
``$10,000'' for ``$5,500'' in concluding provisions.
Subsec. (d). Pub. L. 106-65, Sec. 613(g), substituted ``December 31,
2000.'' for ``October 1, 1998, and the 15-month period beginning on that
date and ending on December 31, 1999.''
1998--Subsec. (d). Pub. L. 105-261 substituted ``October 1, 1998,
and the 15-month period beginning on that date and ending on December
31, 1999'' for ``October 1, 1999''.
1997--Subsec. (a)(1). Pub. L. 105-85, Sec. 624(c)(1), substituted
``$12,000'' for ``$10,000'' in concluding provisions.
Subsec. (b)(1). Pub. L. 105-85, Sec. 624(c)(2), substituted
``$5,500'' for ``$4,500'' in concluding provisions.
Subsec. (d). Pub. L. 105-85, Sec. 613(f), substituted ``October 1,
1999'' for ``October 1, 1998''.
1996--Subsec. (d). Pub. L. 104-201 substituted ``October 1, 1998''
for ``October 1, 1997''.
Pub. L. 104-106 substituted ``October 1, 1997'' for ``October 1,
1996''.
1994--Subsec. (d). Pub. L. 103-337 substituted ``October 1, 1996''
for ``October 1, 1995''.
1991--Subsec. (c). Pub. L. 102-25 struck out ``of this section''
after ``subsection (a) or (b)''.
1990--Subsecs. (d), (e). Pub. L. 101-510 redesignated subsec. (e) as
(d) and struck out former subsec. (d) which read as follows: ``The
Secretary of the Navy shall make an annual report to the Committees on
Armed Services of the Senate and House of Representatives containing
data to monitor the effectiveness of the bonuses authorized by
subsections (a) and (b) of this section.''
1989--Subsecs. (a)(1), (b)(1). Pub. L. 101-189, Sec. 614(c)(1),
struck out ``ending before October 1, 1990'' before period at end.
Subsec. (e). Pub. L. 101-189, Sec. 614(c)(2), substituted ``October
1, 1995'' for ``October 1, 1990''.
1985--Subsec. (a). Pub. L. 99-145, Sec. 632(c)(1), designated first
sentence as par. (1), redesignated cls. (1) to (5) as (A) to (E),
respectively, struck out ``, but has completed less than twenty-six
years of commissioned service'' after ``officer'' in cl. (C), and
substituted ``$10,000'' and ``October 1, 1990'' for ``$6,000'' and
``October 1, 1987'', respectively; designated second sentence as par.
(2) and inserted ``technically'' before ``qualified''; designated third
sentence as par. (3) and substituted cls. (A) to (D) for provision that
the annual bonus be reduced pro rata each day of a nuclear service year
that an officer was not on active duty; was not qualified for duty in
connection with the supervision, operation, and maintenance of naval
nuclear propulsion plants; was performing obligated service as the
result of an active-service agreement executed under section 312 of this
title; or was entitled to receive aviation career incentive pay in
accordance with section 301a of this title; and struck out fourth
sentence relating to conditions authorizing a further pro rata reduction
in the amount of the annual bonus in the case of an officer with more
than ten, but not more than eighteen, years of commissioned service, an
officer with more than eighteen, but not more than twenty-five, years of
commissioned service, and an officer with more than twenty-five, but not
more than twenty-six, years of commissioned service.
Subsec. (b). Pub. L. 99-145, Sec. 632(c)(2), designated first
sentence as par. (1), redesignated cls. (1) to (4) as cls. (A) to (D),
respectively, and in provision following cl. (D) substituted ``$4,500''
and ``October 1, 1990'' for ``$3,500'' and ``October 1, 1987'',
respectively; designated second sentence as par. (2) and inserted
``technically'' before ``qualified''; designated third sentence as par.
(3) and substituted cls. (A) to (D) for provision that the annual bonus
be reduced pro rata for each day of a nuclear service year that an
officer was not in an assignment involving the direct supervision,
operation, or maintenance of naval nuclear propulsion plants; was
performing obligated service as the result of an active service
agreement executed under section 312 of this title; or was entitled to
receive aviation career incentive pay in accordance with section 301a of
this title.
Subsec. (e). Pub. L. 99-145, Sec. 632(c)(3), substituted ``October
1, 1990'' for ``October 1, 1987''.
1980--Subsec. (a). Pub. L. 96-579, Sec. 2(c)(1), substituted
``$6,000 for each nuclear service year ending before October 1, 1987''
for ``$4,000 for each nuclear service year beginning after September 30,
1975, and ending before October 1, 1981''.
Pub. L. 96-513, Sec. 516(9)(A), substituted ``title. However'' for
``title: Provided, That''.
Subsec. (b). Pub. L. 96-579, Sec. 2(c)(2), substituted ``$3,500 for
each nuclear service year ending before October 1, 1987'' for ``$2,400
for each nuclear service year beginning after September 30, 1975, and
ending before October 1, 1981''.
Subsec. (d). Pub. L. 96-513, Sec. 516(9)(B), substituted
``Committees on Armed Services of the Senate and House of
Representatives'' for ``House and Senate Armed Service Committees''.
Subsec. (e). Pub. L. 96-579, Sec. 2(c)(3), substituted as definition
for ``nuclear service year'' any fiscal year beginning before Oct. 1,
1987 for the one-year period from Oct. 1, 1975, through Sept. 30, 1976,
or any fiscal year beginning after Sept. 30, 1976, and before Oct. 1,
1981.
Effective Date of 1999 Amendment
Pub. L. 106-65, div. A, title VI, Sec. 624(d)(2), Oct. 5, 1999, 113
Stat. 654, provided that: ``The amendments made by subsection (c)
[amending this section] shall take effect on October 1, 1999, and shall
apply with respect to nuclear service years beginning on or after that
date.''
Effective Date of 1997 Amendment
Amendment by section 624(c) of Pub. L. 105-85 effective Oct. 1,
1997, see section 624(d) of Pub. L. 105-85, set out as a note under
section 312 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section
632(d) of Pub. L. 99-145, set out as a note under section 312 of this
title.
Effective Date of 1980 Amendments
Section 2(d)(3) of Pub. L. 96-579 provided: ``The amendments made by
subsection (c) [amending this section] shall become effective on the
first day of the first month following the month in which this section
is enacted [December 1980].''
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
Title 10, Armed Forces.
Effective Date
Section effective Oct. 1, 1975, see section 5 of Pub. L. 94-356, set
out as an Effective Date of 1976 Amendment note under section 312 of
this title.
