§ 321. — Special pay: judge advocate continuation pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC321]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5--SPECIAL AND INCENTIVE PAYS
Sec. 321. Special pay: judge advocate continuation pay
(a) Eligible Judge Advocate Defined.--In this section, the term
``eligible judge advocate'' means an officer of the armed forces on
full-time active duty who--
(1) is qualified and serving as a judge advocate, as defined in
section 801 of title 10; and
(2) has completed--
(A) the active duty service obligation incurred through the
officer's original commissioning program; or
(B) in the case of an officer detailed under section 2004 of
title 10 or section 470 of title 14, the active duty service
obligation incurred as part of that detail.
(b) Special Pay Authorized.--An eligible judge advocate who executes
a written agreement to remain on active duty for a period of obligated
service specified in the agreement may, upon the acceptance of the
agreement by the Secretary concerned, be paid continuation pay under
this section. The total amount paid to an officer under one or more
agreements under this section may not exceed $60,000.
(c) Proration.--The term of an agreement under subsection (b) and
the amount payable under the agreement may be prorated.
(d) Payment Methods.--Upon acceptance of an agreement under
subsection (b) by the Secretary concerned, the total amount payable
pursuant to the agreement becomes fixed. The Secretary shall prepare an
implementation plan specifying the amount of each installment payment
under the agreement and the times for payment of the installments.
(e) Additional Pay.--Any amount paid to an officer under this
section is in addition to any other pay and allowances to which the
officer is entitled.
(f) Repayment.--(1) If an officer who has entered into a written
agreement under subsection (b) and has received all or part of the
amount payable under the agreement fails to complete the total period of
active duty specified in the agreement, the Secretary concerned may
require the officer to repay the United States, to the extent that the
Secretary determines conditions and circumstances warrant, any or all
sums paid 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).
(g) Regulations.--The Secretary concerned shall prescribe
regulations to carry out this section.
(Added Pub. L. 106-65, div. A, title VI, Sec. 629(a)(1), Oct. 5, 1999,
113 Stat. 659.)
Effective Date
Pub. L. 106-65, div. A, title VI, Sec. 629(c), Oct. 5, 1999, 113
Stat. 661, provided that: ``The amendments made by subsection (a)
[enacting this section] shall take effect on October 1, 1999.''
