ments during the prescribed periods of time, his entitlement to continuous monthly submarine duty incentive pay ceases. If entitlement to continuous monthly submarine duty incentive pay ceases upon completion of 12 years of submarine service, entitlement to that pay may again commence upon completion of 18 years of submarine service if the minimum operational submarine duty requirements have been met, and such pay shall continue for the period of time prescribed in accordance with this section. However, if entitlement to continuous monthly submarine duty incentive pay ceases in the case of any member at the completion of either 12 or 18 years of submarine service or 26 years of service (as computed under section 205 of this title, but excluding, in the case of an officer, periods as an enlisted member before initial appointment as an officer), such member shall be entitled to that pay in the amount set forth in subsection (b) of this section for the performance of subsequent operational submarine duty, or for the performance of service as a member of a submarine operational command staff, if such member's duties require serving on a submarine during underway operations.

(5) For the purposes of this section, the term

(A) "Operational submarine duty" means duty

(i) while attached under competent orders to a submarine, while serving as an operator or crew member of an operational submersible (including an undersea exploration or research vehicle), while undergoing training preliminary to assignment to a nuclearpowered submarine, while undergoing rehabilitation after assignment to a nuclearpowered submarine, or, in the case of a member qualified in submarines, while attached as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations

(I) during one calendar month: 48 hours, except that hours served underway in excess of 48 as a member of a submarine operational command staff during any of the immediately preceding five calendar months and not already used to qualify for incentive pay may be applied to satisfy the underway time requirements for the current month;

(II) during any two consecutive calendar months when the requirements of subclause (I) of this clause have not been met: 96 hours; or

(III) during any three consecutive calendar months when the requirements of subclause (II) of this clause have not been met: 144 hours;

$230 $230 $265 $265

$265

230

265

265

265

W-2.

W-1.

(iii) while receiving instruction to prepare for a position of increased responsibility on a submarine.

(B) "Submarine service" means the service performed, under regulations prescribed by

Over

12

14

16

Over Over Over Over Over 18

Over

20

22

26

(c)(1) An officer who fails of selection for assignment as an executive officer or commanding officer of a submarine or who declines to serve in either such position may not be paid submarine duty incentive pay except for periods during which the officer is serving on a submarine during underway operations.

(2) An enlisted member may not be paid continuous submarine duty incentive pay while serving ashore between submarine sea duty assignments unless the member has a sufficient period of enlistment (including any extension of an enlistment) remaining to be reassigned to submarine sea duty.

(d) Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of the Naval Reserve who is entitled to compensation under section 206 of this title, performs, under orders, duty on a submarine during underway operations, he is eligible for an increase in such compensation equal to one-thirtieth of the monthly incentive pay authorized by subsection (b) of this section for the performance of that duty by a member of a corresponding grade and years of service who is entitled to basic pay. Such a member is eligible for the increase for each day served, for as long as he is qualified for it, during each regular period of appropriate duty.

(e) The Secretary of Defense shall report to the Congress before January 1 each year

(1) the number of enlisted members and officers, by pay grade, who, during the preceding fiscal year, had at least 12 but less than 18 years of submarine service and who were entitled to continuous monthly submarine duty incentive pay under subsection (a) of this section; and

(2) the number of enlisted members and officers, by pay grade, who, during such fiscal year, had at least 18 years of submarine service and who were entitled to such incentive pay.

The Secretary shall include in each such report the number of enlisted members and the number of officers in each category referred to in the first sentence of this subsection, the number of such officers who, during the fiscal year concerned, were performing operational submarine duties, who were performing submarine command staff duties, and who were not performing submarine duties at all.

(Added Pub. L. 96-579, § 3(d), Dec. 23, 1980, 94 Stat. 3360, and amended Pub. L. 97-39, title VII, § 701(a), (b), Aug. 14, 1981, 95 Stat. 942; Pub. L. 97-60, title I, § 114, Oct. 14, 1981, 95 Stat. 995.)

AMENDMENTS

1981-Subsec. (a)(1). Pub. L. 97-39, § 701(a), substituted provisions set forth as cls. (A) to (C) respecting conditions for continuous monthly submarine duty incentive pay for provisions relating to payment of incentive pay for the frequent and regular performance of operational submarine duty required by orders.

Subsec. (a)(2). Pub. L. 97-39, § 701(a), substituted provisions relating to payment of submarine duty incentive pay for provisions relating to restrictions on payment of submarine duty incentive pay.

Subsec. (a)(3), (4). Pub. L. 97-60 inserted ", but excluding, in the case of an officer, periods as an enlisted

member before initial appointment as an officer" following "(as computed under section 205 of this title" in three places.

Subsec. (a)(5)(A)(i). Pub. L. 97-39, § 701(b), added provisions relating to service as an operator or crew member of an operational submersible.

EFFECTIVE DATE OF 1981 Amendment

Section 701(c) of Pub. L. 97-39 provided that: "The amendments made by this section [amending subsec. (a)(1), (2), and (5)(A)(i) of this section] shall take effect as of January 1, 1981.”

EFFECTIVE DATE

Section 3(g) of Pub. L. 96-579 provided: "The amendments made by this subsection [probably means section 3 of Pub. L. 96-579, which enacted this section and amended sections 301 and 308 of this title] shall become effective on the first day of the first month following the month in which this Act is enacted [December, 1980]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 308 of this title. § 302. Special pay: medical officers of the armed forces

(a)(1) An officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection.

(2) An officer described in paragraph (1) of this subsection who is serving in a pay grade below pay grade O-7 is entitled to variable special pay at the following rates:

(A) $1,200 per year, if the officer is undergoing medical internship training.

(B) $5,000 per year, if the officer has less than six years of creditable service and is not undergoing medical internship training.

(C) $10,000 per year, if the officer has at least six but less than eight years of creditable service.

(D) $9,500 per year, if the officer has at least eight but less than ten years of creditable service.

(E) $9,000 per year, if the officer has at least ten but less than twelve years of creditable service.

(F) $8,000 per year, if the officer has at least twelve but less than fourteen years of creditable service.

(G) $7,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service.

(H) $6,000 per year, if the officer has at least eighteen but less than twenty-two years of creditable service.

(I) $5,000 per year, if the officer has twenty-two or more years of creditable service.

(3) An officer described in paragraph (1) of this subsection who is serving in a pay grade above pay grade O-6 is entitled to variable special pay at the rate of $1,000 per year.

(4)(A) Subject to subsection (c) of this section, an officer entitled to variable special pay

under paragraph (2) or (3) of this subsection who has less than ten years of creditable service is entitled to additional special pay of $9,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training.

(B) Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has ten or more years of creditable service is entitled to additional special pay of $10,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training.

(5) An officer who is entitled to variable special pay under paragraph (2) or (3) of this subsection and who is board certified is entitled to additional special pay at the following rates:

(A) $2,000 per year, if the officer has less than ten years of creditable service.

(B) $2,500 per year, if the officer has at least ten but less than twelve years of creditable service.

(C) $3,000 per year, if the officer has at least twelve but less than fourteen years of creditable service.

(D) $4,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service.

(E) $5,000 per year, if the officer has eighteen or more years of creditable service.

(b)(1) Subject to subsection (c) of this section and paragraph (2) of this subsection and under regulations prescribed under section 303a(a) of this title, an officer who is entitled to variable special pay under subsection (a)(2) of this section may be paid incentive special pay in an amount not to exceed $8,000 for any twelvemonth period during which the officer is not undergoing medical internship or initial residency training.

(2) An officer is not eligible for incentive special pay under paragraph (1) of this subsection unless the Secretary concerned has determined that such officer is qualified in the medical profession.

(3) The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed an amount equal to 6 percent of the total amount paid in such year for special pay under subsection (a) of this section and paragraph (1) of this subsection.

(c)(1) An officer may not be paid additional special pay under subsection (a)(4) of this section or incentive special pay under subsection (b) of this section for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay.

(2) Under regulations prescribed by the Secretary of Defense under section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an officer's entitlement to the special pay authorized by subsection (a)94) or (b)(1) of this section. If such entitlement is terminated, the officer concerned is entitled to be paid such special pay

only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement.

(d) Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for determining—

(1) whether an officer is undergoing medical internship or initial residency training for purposes of subsections (a)(2)(A), (a)(2)(B), (a)(4), and (b)(1) of this section; and

(2) whether an officer is board certified for purposes of subsection (a)(5) of this section.

(e) Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) of this section shall be paid monthly. Special pay payable to an officer under subsection (a)(4) or (b)(1) of this section shall be paid annually at the beginning of the twelve-month period for which the officer is entitled to such payment.

(f) An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) or (b)(1) of this section shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made.

(g) For purposes of this section, creditable service of an officer is computed by adding

(1) all periods which the officer spent in medical internship or residency training during which the officer was not on active duty; and

(2) all periods of active service in the Medical Corps of the Army or Navy, as an officer of the Air Force designated as a medical officer, or as a medical officer of the Public Health Service.

(h)(1) Any reserve officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer

(A) who has served on active duty as a medical officer for not less than one year; and (B) is not on active duty under a call or order to active duty for a period of not less than one year;

is entitled to special pay in accordance with this subsection.

(2) An officer described in paragraph (1) of this subsection is entitled to special pay at the rate of

(A) $100 a month for each month of active duty, if he has not completed two years of active duty; or

(B) $350 a month for each month of active duty, if he has completed at least two years of active duty.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 464; Pub. L. 88-2, § 5, Mar. 28, 1963, 77 Stat. 4; Pub. L. 88-132, § 4, Oct. 2, 1963, 77 Stat. 212; Pub. L. 89-718, § 53, Nov. 2, 1966, 80 Stat. 1122; Pub. L. 90-40, 5, June 30, 1967, 81 Stat. 105; Pub. L. 92-129, title I, § 104, Sept. 28, 1971, 85 Stat. 355; Pub. L. 93-64, title II, § 201, July 9, 1973, 87

Stat. 149; Pub. L. 93-274, § 1(1), May 6, 1974, 88 Stat. 94; Pub. L. 96-284, § 2(a), June 28, 1980, 94 Stat. 587; Pub. L. 96-513, title IV, § 415, Dec. 12, 1980, 94 Stat. 2906.)

Revised section

302(a)........

302(b).

HISTORICAL AND REVISION NOTES

Source (U.S. Code)

37:234(a).
37:234(b) (introductory
clause and last provi-
so, less applicability to
veterinarians).
37:234(b) (less introduc-
tory clause, less provi-
sos, and less applica-
bility to veterinar-
ians).

302(c)......... 37:234(b) (1st and 2d provisos, less applicability to veterinarians).

Source (Statutes at Large)

Oct. 12, 1949, ch. 681, § 203(a), (b) (less applicability to veterinarians), 63 Stat. 809; June 25, 1952, ch. 459, § 1, 66 Stat. 156; June 29, 1953, ch. 138, §8 (less applicability to 67

veterinarians),

Stat. 89; June 30, 1955, ch. 250, § 203, 69 Stat. 225; Apr. 30, 1956, ch. 223, § 5, 70 Stat. 122; Mar. 23, 1959, Pub. L. 86-4, § 5, 73 Stat. 13.

In subsection (a), clause (1) is substituted for section 234(a)(1), (2), and (3) of existing title 37. The words "of the Regular Army or the Regular Navy" and "of the Regular Air Force" are inserted in clauses (1)(A) and (B), respectively, since, in contradistinction to section 234(a)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2) (A) and (B) are substituted for the enumeration of categories in section 234(a)(4) of existing title 37 to reflect current usage and designation of those categories. Clause (3) is substituted for section 234(a)(5) and (6) of existing title 37.

In subsection (c), the words "disability retirement pay" are omitted as covered by the words "retired pay". Section 234(b) (2d proviso) of existing title 37 is omitted as obsolete.

AMENDMENTS

1980-Pub. L. 96-284, in revising the text, added subsecs. (a) to (g) provisions covering special pay for medical officers of the armed forces, and struck out former provision for special pay of physicians in the Army, Navy, Air Force, and Public Health Service, amounting to $100 or $350 a month for each month of active duty in cases of active duty in named category of less than two years or two years or more of duty, now covered as to Public Health Service in section 302c of this title, and struck out prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay. See section 303a(b) of this title.

Subsec. (h). Pub. L. 96-513 added subsec. (h).

1974-Pub. L. 93-274 reduced for uniformed services physicians the present four steps of special pay, which require the completion of ten years of active duty before attaining eligibility for the $350 per month maximum down to two steps, with the maximum being reached upon completion of two years of active duty, and repealed provisions relating to special pay for dentists. See section 302b of this title.

1973-Subsec. (a). Pub. L. 93-64 substituted "July 1, 1975" for "July 1, 1973", wherever appearing. 1971-Subsec. (a). Pub. L. 92-129 substituted "July 1, 1973" for "July 1, 1971", wherever appearing. 1967-Subsec. (a). Pub. L. 90-40 substituted "July 1, 1971" for "July 1, 1967" wherever appearing. 1966-Subsec. (b). Pub. L. 89-718 substituted "or" for "and" at the end of par. (3).

1963-Subsec. (a). Pub. L. 88-2 substituted "July 1, 1967" for "July 1, 1963" wherever appearing.

Subsec. (b)(3), (4). Pub. L. 88-132 increased the monthly special pay of officers completing at least six years of active duty from $200 to $250 in par. (3), and

officers completing at least 10 years of active duty from $250 to $350 in par. (4).

EFFECTIVE DATE OF 1980 AMENDMENTS Amendment by Pub. L. 96-513 effective July 1, 1980, see section 701(b)(2) of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces.

Section 8 of Pub. L. 96-284 provided that: "The amendments made by sections 2 [amending this section] and 3 [enacting section 302c of this title and amending section 313 of this title] shall apply to special pay payable for periods beginning after the last day of the month in which this Act is enacted [June 1980]."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 2 of Pub. L. 93-274, as amended by Pub. L. 94-273, 2(18), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-361, title III, § 305, July 14, 1976, 90 Stat. 926; Pub. L. 95-114, § 1, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95-485, title VIII, § 801(a), Oct. 20, 1978, 92 Stat. 1619, which provided that the amendments made by this Act, enacting sections 302b and 313 of this title and amending sections 302 and 311 of this title, become effective on June 1, 1974, with the authority for the special pay provided by the amendments made by the first section of this Act, enacting sections 302b and 313 of this title and amending sections 302 and 311 of this title, to expire on Sept. 30, 1980, was repealed by Pub. L. 96-284, § 4(e), June 28, 1980, 94 Stat. 592.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-64 effective July 1, 1973, see section 206 of Pub. L. 93-64, set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 of Pub. L. 88-132, set out as a note under section 201 of this title.

PRESERVATION OF ENTITLEMENT FOR RESERVE MEDICAL

OFFICERS

Pub. L. 96-513, title VI, § 641, Dec. 12, 1980, 94 Stat. 2954, as amended by Pub. L. 97-22, § 8(0), July 10, 1981, provided that: "Any person

"(1) who before June 30, 1980, served on active duty for not less than one year as a reserve officer of the Medical Corps or Dental Corps of the Army or the Medical Corps or Dental Corps of the Navy, as a reserve officer of the Air Force designated as a medical officer or dental officer, or as a reserve medical officer or dental officer of the Public Health Service; and

"(2) who after having so served on active duty for not less than one year received special pay under section 302 or 302b of title 37, United States Code, as in effect during the period beginning on May 6, 1974, and ending on June 30, 1980, for service performed during such period,

shall be considered to have been entitled to such pay as if that part of such section, as in effect during such period, which read 'who is on active duty for a period of at least one year' read 'who has served on active duty for not less than one year'."

TRANSITION PROVISIONS

Section 7 of Pub. L. 96-284 provided that: "Notwithstanding any provision of the amendments made by this Act; [see Short Title of 1980 Amendment note set out under section 101 of this title], and in accordance with regulations to be prescribed by the Secretary of Defense, any officer of the Army, Navy, or Air Force who at any time before the effective date of the amendments made by this Act [see Effective Date of 1980 Amendment note set out above] was entitled to

special pay under section 302 of title 37, United States Code, and any officer who after such effective date would have become entitled to special pay under such section (as in effect on the day before such effective date) had such section continued in effect, shall be paid basic pay and special pay under section 302 of such title (as in effect on and after the effective date of the amendments made by this Act) in a total amount not less than the total amount of the basic pay (as in effect on the day before such date) and special pay applicable (or which would have been applicable) to such officer under sections 302, 311, and 313 of such title (as in effect on the day before such date and computed on the rates of basic pay as in effect on the day before such date)."

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL Management ACT

For provisions preserving entitlement to special pay for reserve medical officers who before June 30, 1980, served on active duty for not less than one year and received special pay under this section, as in effect between May 6, 1974 and June 30, 1980, see section 641 of Pub. L. 96-513, set out as a note under section 611 of Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 303a of this title.

§ 302a. Special pay: optometrists

Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:

(1) a commissioned officer

(A) of the Regular Army, Regular Navy, or Regular Air Force who is designated as an optometry officer, or

(B) who is an optometry officer of the Regular Corps of the Public Health Service; (2) a commissioned officer

(A) of a Reserve component of the Army, Navy, or Air Force who is designated as an optometry officer; or

(B) who is an optometry officer of the Reserve Corps of the Public Health Service, who is on active duty as a result of a call or order to active duty for a period of at least one year; and

(3) a general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, Air Force, or the National Guard, as the case may be.

(Added Pub. L. 92-129, title II, § 202(a), Sept. 28, 1971, 85 Stat. 357, and amended Pub. L. 93-64, title II, § 202, July 9, 1973, 87 Stat. 149; Pub. L. 95-114, § 2, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95-485, title VIII, § 801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96-284, § 4(a), June 28, 1980, 94 Stat. 591.)

AMENDMENTS

1980-Pub. L. 96-284 substituted "Each" for "(a) In addition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each❞ and struck out "beginning on or after October 1, 1977" following "active duty" and former subsec. (b), which prohibited inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay, now covered

in section 303a(b) of this title, and former subsec. (c) which provided that no special pay be paid for any month after September 1980.

1978 Subsec. (c). Pub. L. 95-485 substituted "September 1980" for "September 1978".

1977-Subsec. (a). Pub. L. 95-114 amended subsec. (a) to provide for the reinstatement of special pay provisions for optometrists for each month on active duty beginning on or after Oct. 1, 1977.

Subsec. (b). Pub. L. 95-114 reenacted subsec. (b) without change.

Subsec. (c). Pub. L. 95-114 added subsec. (c). 1973-Subsec. (a). Pub. L. 93-64 substituted "July 1, 1975" for "July 1, 1973", wherever appearing.

EFFECTIVE DATE of 1977 AMENDMENT

Section 4 of Pub. L. 95-114 provided that: "The amendments made by sections 2 and 3 of this Act [amending sections 302a and 303 of this title] become effective on October 1, 1977.”

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-64 effective July 1, 1973, see section 206 of Pub. L. 93-64, set out as a note under section 401 of this title.

EFFECTIVE DATE

Section 209 of Pub. L. 92-129 provided that: "The foregoing provisions of this title [enacting sections 302a and 428 of this title and amending sections 203(a) and 403(a) of this title and sections 2204 and 2207 of Title 50, Appendix, War and National Defense] shall become effective on October 1, 1971, except that section 203 [enacting section 308a of this title] shall become effective on such date as shall be prescribed by the Secretary of Defense, but not earlier than February 1, 1971, and section 206 [amending section 2203 of Title 50, Appendix] shall become effective July 1, 1971."

PAY CONTINUATION

Enactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92-129, set out as a note captioned Pay Continuation Provisions under section 203 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 303a, 306 of this title.

§ 302b. Special pay: dentists

An officer of the Army or Navy in the Dental Corps, an officer of the Air Force who is designated as a dental officer, or a dental officer of the Public Health Service, who is on active duty for a period of at least one year is entitled to special pay at the following rates

(1) $100 a month for each month of active duty if he has not completed two years of active duty in the Dental Corps or as a dental officer;

(2) $150 a month for each month of active duty if he has completed at least two years of active duty in the Dental Corps or as a dental officer;

(3) $250 a month for each month of active duty if he has completed at least six years of active duty in the Dental Corps or as a dental officer; or

(4) $350 a month for each month of active duty if he has completed at least ten years of