§ 320. — Incentive pay: career enlisted flyers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC320]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 320. Incentive pay: career enlisted flyers
(a) Eligible Career Enlisted Flyer Defined.--In this section, the
term ``eligible career enlisted flyer'' means an enlisted member of the
armed forces who--
(1) is entitled to basic pay under section 204 of this title, or
is entitled to pay under section 206 of this title as described in
subsection (e) of this section;
(2) holds an enlisted military occupational specialty or
enlisted military rating designated as a career enlisted flyer
specialty or rating by the Secretary concerned, performs duty as a
dropsonde system operator, or is in training leading to
qualification and designation of such a specialty or rating or the
performance of such duty;
(3) is qualified for aviation service under regulations
prescribed by the Secretary concerned; and
(4) satisfies the operational flying duty requirements
applicable under subsection (c).
(b) Incentive Pay Authorized.--(1) The Secretary concerned may pay
monthly incentive pay to an eligible career enlisted flyer in an amount
not to exceed the monthly maximum amounts specified in subsection (d).
The incentive pay may be paid as continuous monthly incentive pay or on
a month-to-month basis, dependent upon the operational flying duty
performed by the eligible career enlisted flyer as prescribed in
subsection (c).
(2) Continuous monthly incentive pay may not be paid to an eligible
career enlisted flyer after the member completes 25 years of aviation
service. Thereafter, an eligible career enlisted flyer may still receive
incentive pay on a month-to-month basis under subsection (c)(4) for the
frequent and regular performance of operational flying duty.
(c) Operational Flying Duty Requirements.--(1) An eligible career
enlisted flyer must perform operational flying duties for 6 of the first
10, 9 of the first 15, and 14 of the first 20 years of aviation service,
to be eligible for continuous monthly incentive pay under this section.
(2) Upon completion of 10, 15, or 20 years of aviation service, an
enlisted member who has not performed the minimum required operational
flying duties specified in paragraph (1) during the prescribed period,
although otherwise meeting the definition in subsection (a), may no
longer be paid continuous monthly incentive pay except as provided in
paragraph (3). Payment of continuous monthly incentive pay may be
resumed if the member meets the minimum operational flying duty
requirement upon completion of the next established period of aviation
service.
(3) For the needs of the service, the Secretary concerned may
permit, on a case-by-case basis, a member to continue to receive
continuous monthly incentive pay despite the member's failure to perform
the operational flying duty required during the first 10, 15, or 20
years of aviation service, but only if the member otherwise meets the
definition in subsection (a) and has performed at least 5 years of
operational flying duties during the first 10 years of aviation service,
8 years of operational flying duties during the first 15 years of
aviation service, or 12 years of operational flying duty during the
first 20 years of aviation service. The authority of the Secretary
concerned under this paragraph may not be delegated below the level of
the Service Personnel Chief.
(4) If the eligibility of an eligible career enlisted flyer to
continuous monthly incentive pay ceases under subsection (b)(2) or
paragraph (2), the member may still receive month-to-month incentive pay
for subsequent frequent and regular performance of operational flying
duty. The rate payable is the same rate authorized by the Secretary
concerned under subsection (d) for a member of corresponding years of
aviation service.
(d) Monthly Maximum Rates.--The monthly rate of any career enlisted
flyer incentive pay paid under this section to a member on active duty
shall be prescribed by the Secretary concerned, but may not exceed the
following:
Monthly rate
Years of aviation service
4 or less............................................... $150
Over 4.................................................. $225
Over 8.................................................. $350
Over 14................................................. $400.
(e) Eligibility of Reserve Component Members When Performing
Inactive Duty Training.--Under regulations prescribed by the Secretary
concerned, when a member of a reserve component or the National Guard,
who is entitled to compensation under section 206 of this title, meets
the definition of eligible career enlisted flyer, the Secretary
concerned may increase the member's compensation by an amount equal to
\1/30\ of the monthly incentive pay authorized by the Secretary
concerned under subsection (d) for a member of corresponding years of
aviation service who is entitled to basic pay under section 204 of this
title. The reserve component member may receive the increase for as long
as the member is qualified for it, for each regular period of
instruction or period of appropriate duty, at which the member is
engaged for at least two hours, or for the performance of such other
equivalent training, instruction, duty or appropriate duties, as the
Secretary may prescribe under section 206(a) of this title.
(f) Relation to Hazardous Duty Incentive Pay or Diving Duty Special
Pay.--A member receiving incentive pay under section 301(a) of this
title or special pay under section 304 of this title may not be paid
special pay under this section for the same period of service.
(g) Save Pay Provision.--If, immediately before a member receives
incentive pay under this section, the member was entitled to incentive
pay under section 301(a) of this title, the rate at which the member is
paid incentive pay under this section shall be equal to the higher of
the monthly amount applicable under subsection (d) or the rate of
incentive pay the member was receiving under subsection (b) or (c)(2)(A)
of section 301 of this title.
(h) Specialty Code of Dropsonde System Operators.--Within the Air
Force, the Secretary of the Air Force shall assign to members who are
dropsonde system operators a specialty code that identifies such members
as serving in a weather specialty.
(i) Definitions.--In this section:
(1) The term ``aviation service'' means participation in aerial
flight performed, under regulations prescribed by the Secretary
concerned, by an eligible career enlisted flyer.
(2) The term ``operational flying duty'' means flying performed
under competent orders while serving in assignments, including an
assignment as a dropsonde system operator, in which basic flying
skills normally are maintained in the performance of assigned duties
as determined by the Secretary concerned, and flying duty performed
by members in training that leads to the award of an enlisted
aviation rating or military occupational specialty designated as a
career enlisted flyer rating or specialty by the Secretary
concerned.
(Added Pub. L. 106-65, div. A, title VI, Sec. 628(a)(1), Oct. 5, 1999,
113 Stat. 657.)
Effective Date
Pub. L. 106-65, div. A, title VI, Sec. 628(b), Oct. 5, 1999, 113
Stat. 659, provided that: ``The amendments made by subsection (a)
[enacting this section] shall take effect on October 1, 1999.''
