§ 314. — Special pay or bonus: qualified enlisted members extending duty at designated locations overseas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC314]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 314. Special pay or bonus: qualified enlisted members
extending duty at designated locations overseas
(a) Covered Members.--This section applies with respect to an
enlisted member of an armed force who--
(1) is entitled to basic pay;
(2) has a specialty that is designated by the Secretary
concerned for the purposes of this section;
(3) has completed a tour of duty (as defined in accordance with
regulations prescribed by the Secretary concerned) at a location
outside the continental United States that is designated by the
Secretary concerned for the purposes of this section; and
(4) at the end of that tour of duty executes an agreement to
extend that tour for a period of not less than one year.
(b) Special Pay or Bonus Authorized.--Upon the acceptance by the
Secretary concerned of the agreement providing for an extension of the
tour of duty of an enlisted member described in subsection (a), the
member is entitled, at the election of the Secretary concerned, to
either--
(1) special pay in monthly installments in an amount prescribed
by the Secretary, but not to exceed $80 per month; or
(2) an annual bonus in an amount prescribed by the Secretary,
but not to exceed $2,000 per year.
(c) Selection and Payment of Special Pay or Bonus.--Not later than
the date on which the Secretary concerned accepts an agreement described
in subsection (a)(4) providing for the extension of a member's tour of
duty, the Secretary concerned shall notify the member regarding whether
the member will receive special pay or a bonus under this section. The
payment rate for the special pay or bonus shall be fixed at the time of
the agreement and may not be changed during the period of the extended
tour of duty. The Secretary concerned may pay a bonus under this section
either in a lump sum or installments.
(d) Repayment of Bonus.--(1) A member who, having entered into a
written agreement to extend a tour of duty for a period under subsection
(a), receives a bonus payment under subsection (b)(2) for a 12-month
period covered by the agreement and ceases during that 12-month period
to perform the agreed tour of duty shall refund to the United States the
unearned portion of the bonus. The unearned portion of the bonus is the
amount by which the amount of the bonus paid to the member exceeds the
amount determined by multiplying the amount of the bonus paid by the
percent determined by dividing 12 into the number of full months during
which the member performed the duty in the 12-month period.
(2) The Secretary concerned may waive the obligation of a member to
reimburse the United States under paragraph (1) if the Secretary
determines that conditions and circumstances warrant the waiver.
(3) An obligation to repay the United States imposed under paragraph
(1) is for all purposes a debt owed to the United States.
(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of the agreement does not
discharge the member signing the agreement from a debt arising under the
agreement or under paragraph (1). This paragraph applies to any case
commenced under title 11 on or after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1998.
(e) Effect of Rest and Recuperative Absence.--A member who elects to
receive one of the benefits specified in section 705(b) of title 10 as
part of the extension of a tour of duty is not entitled to the special
pay authorized by subsection (b)(1) for the period of the extension of
duty for which the benefit under such section is provided.
(Added Pub. L. 96-579, Sec. 5(a)(1), Dec. 23, 1980, 94 Stat. 3366;
amended Pub. L. 99-145, title VI, Sec. 641(a), Nov. 8, 1985, 99 Stat.
652; Pub. L. 105-85, div. A, title VI, Sec. 625(a)(1), Nov. 18, 1997,
111 Stat. 1794; Pub. L. 107-314, div. A, title VI, Sec. 654(b)(1), Dec.
2, 2002, 116 Stat. 2582.)
References in Text
The date of the enactment of the National Defense Authorization Act
for Fiscal Year 1998, referred to in subsec. (d)(4), is the date of
enactment of Pub. L. 105-85, which was approved Nov. 18, 1997.
Amendments
2002--Subsec. (a)(3). Pub. L. 107-314 substituted ``the continental
United States'' for ``the 48 contiguous States and the District of
Columbia''.
1997--Pub. L. 105-85 amended section catchline and text generally.
Prior to amendment, section consisted of subsecs. (a) and (b) relating
to special pay for qualified enlisted members extending duty at
designated locations overseas.
1985--Subsec. (a). Pub. L. 99-145 substituted ``$80'' for ``$50'' in
provision following par. (4).
Effective Date of 1997 Amendment
Section 625(b) of Pub. L. 105-85 provided that: ``Section 314 of
title 37, United States Code, as amended by subsection (a), shall apply
with respect to an agreement to extend a tour of duty as provided in
such section executed on or after October 1, 1997.''
Effective Date of 1985 Amendment
Section 641(b) of Pub. L. 99-145 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect on October
1, 1985.''
Effective Date
Section 5(c)(1) of Pub. L. 96-579 provided: ``Section 314 of title
37, United States Code, as added by subsection (a), shall take effect on
the first day of the first month following the month in which this
section is enacted [Dec. 1980] and shall apply to periods of extended
duty overseas beginning before, on, or after such date, but no payment
may be made under such section for any month before the first day of the
first month following the month in which this section is enacted.''
Section Referred to in Other Sections
This section is referred to in section 411g of this title; title 10
section 705.
