§ 318. — Special pay: special warfare officers extending period of active duty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC318]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 318. Special pay: special warfare officers extending period
of active duty
(a) Special Warfare Officer Defined.--In this section, the term
``special warfare officer'' means an officer of a uniformed service
who--
(1) is qualified for a military occupational specialty or
designator identified by the Secretary concerned as a special
warfare military occupational specialty or designator; and
(2) is serving in a position for which that specialty or
designator is authorized.
(b) Retention Bonus Authorized.--A special warfare officer who meets
the eligibility requirements specified in subsection (c) and who
executes a written agreement to remain on active duty in special warfare
service for at least one year may, upon the acceptance of the agreement
by the Secretary concerned, be paid a retention bonus as provided in
this section.
(c) Eligibility Requirements.--A special warfare officer may apply
to enter into an agreement referred to in subsection (b) if the
officer--
(1) is in pay grade O-3, or is in pay grade O-4 and is not on a
list of officers recommended for promotion, at the time the officer
applies to enter into the agreement;
(2) has completed at least 6, but not more than 14, years of
active commissioned service; and
(3) has completed any service commitment incurred to be
commissioned as an officer.
(d) Amount of Bonus.--The amount of a retention bonus paid under
this section may not be more than $15,000 for each year covered by the
agreement.
(e) Proration.--The term of an agreement under subsection (b) and
the amount of the retention bonus payable under subsection (d) may be
prorated as long as the agreement does not extend beyond the date on
which the officer executing the agreement would complete 14 years of
active commissioned service.
(f) Payment Methods.--(1) Upon acceptance of an agreement under
subsection (b) by the Secretary concerned, the total amount payable
pursuant to the agreement becomes fixed.
(2) The amount of the retention bonus may be paid as follows:
(A) At the time the agreement is accepted by the Secretary
concerned, the Secretary may make a lump sum payment equal to half
the total amount payable under the agreement. The balance of the
bonus amount shall be paid in equal annual installments on the
anniversary of the acceptance of the agreement.
(B) The Secretary concerned may make graduated annual payments
under regulations prescribed by the Secretary, with the first
payment being payable at the time the agreement is accepted by the
Secretary and subsequent payments being payable on the anniversary
of the acceptance of the agreement.
(g) Additional Pay.--A retention bonus paid under this section is in
addition to any other pay and allowances to which an officer is
entitled.
(h) Repayment.--(1) If an officer who has entered into an agreement
under subsection (b) and has received all or part of a retention bonus
under this section fails to complete the total period of active duty in
special warfare service as specified in the agreement, the Secretary
concerned may require the officer to repay the United States, on a pro
rata basis and to the extent that the Secretary determines conditions
and circumstances warrant, all sums paid the officer under this section.
(2) An obligation to repay the United States imposed under paragraph
(1) is for all purposes a debt owed to the United States.
(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement entered into under
subsection (b) does not discharge the officer signing the agreement from
a debt arising under such agreement or under paragraph (1).
(i) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section, including the definition of the
term ``special warfare service'' for purposes of this section.
Regulations prescribed by the Secretary of a military department under
this section shall be subject to the approval of the Secretary of
Defense.
(Added Pub. L. 106-65, div. A, title VI, Sec. 626(a)(1), Oct. 5, 1999,
113 Stat. 655; amended Pub. L. 107-107, div. A, title X,
Sec. 1048(i)(7), Dec. 28, 2001, 115 Stat. 1229.)
Amendments
2001--Subsec. (h)(3). Pub. L. 107-107 substituted ``subsection (b)''
for ``subsection (a)''.
Effective Date
Pub. L. 106-65, div. A, title VI, Sec. 626(b), Oct. 5, 1999, 113
Stat. 656, provided that: ``The amendments made by subsection (a)
[enacting this section] shall take effect on October 1, 1999.''
