United States Code (Last Updated: May 24, 2014) |
Title 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
Chapter 5. SPECIAL AND INCENTIVE PAYS |
SubChapter I. EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES |
§ 307a. Special pay: assignment incentive pay
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(a) Authority.— The Secretary concerned may pay incentive pay under this section to a member of a uniformed service who performs service, while entitled to basic pay, in an assignment designated by the Secretary concerned. Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments. (b) Written Agreement.— (1) The Secretary concerned may require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a monthly basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the monthly rate of the incentive pay. (2) The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay. (c) Maximum Rate or Amount.— (1) The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000. (2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of— (A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and (B) the number of months in the period for which incentive pay will be paid pursuant to the agreement. (3) The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to— (A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by (B) the number of installments over such period. (4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section. (d) Repayment.— A member who enters into an agreement under this section and receives incentive pay under the agreement in a lump sum or installments, but who fails to complete the period of service covered by the payment, whether voluntarily or because of misconduct, shall be subject to the repayment provisions of section 303a(e) of this title. (e) Relationship to Other Pay and Allowances.— Incentive pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled. (f) Status Not Affected by Temporary Duty or Leave.— The service of a member in an assignment referred to in subsection (a) shall not be considered discontinued during any period that the member is not performing service in the assignment by reason of— (1) temporary duty performed by the member pursuant to orders; or (2) absence of the member for authorized leave, other than leave authorized for a period ending upon the discharge of the member or the release of the member from active duty. (g) Termination of Authority.— No agreement under this section may be entered into after December 31, 2013 .
Amendments
2013—Subsec. (g). Pub. L. 112–239 substituted “
2011—Subsec. (g). Pub. L. 112–81 substituted “
Pub. L. 111–383 substituted “
2009—Subsec. (g). Pub. L. 111–84 substituted “
2008—Subsec. (g). Pub. L. 110–417 substituted “
2006—Subsec. (a). Pub. L. 109–163, § 628(a)(1), struck out “monthly” before “incentive pay” and inserted at end “Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.”
Subsec. (b). Pub. L. 109–163, § 628(a)(2), designated existing provisions as par. (1), substituted “the payment of incentive pay on a monthly basis” for “incentive pay” in first sentence, and added par. (2).
Subsec. (c). Pub. L. 109–163, § 628(b), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “The maximum monthly rate of incentive pay payable to a member under this section is $1,500.”
Subsec. (d). Pub. L. 109–163, § 687(b)(13), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
“(1) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum or installment payment of incentive pay under this section and who fails to complete the total period of service or other conditions specified in the agreement voluntarily or because of misconduct, shall refund to the United States an amount equal to the percentage of incentive pay paid which is equal to the unexpired portion of the service divided by the total period of service. The Secretary concerned may waive repayment of an amount of incentive pay under this section, in whole or in part, if the Secretary determines that conditions and circumstances warrant.
“(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 5 years after the termination of the agreement does not discharge the member signing the agreement from a debt arising under paragraph (1).”
Pub. L. 109–163, § 628(c), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 109–163, § 628(c)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 109–163, § 628(c)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 109–163, § 624(b), substituted “
Subsec. (g). Pub. L. 109–364 substituted “
Pub. L. 109–163, § 628(c)(1), redesignated subsec. (f) as (g).
2004—Subsec. (b). Pub. L. 108–375, § 617(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The period for which incentive pay will be provided under this section and the monthly rate of the incentive pay for a member shall be specified in a written agreement between the Secretary concerned and the member. Agreements entered into by the Secretary of a military department shall require the concurrence of the Secretary of Defense.”
Subsec. (e). Pub. L. 108–375, § 617(b), substituted “by reason of—” and pars. (1) and (2) for “by reason of temporary duty performed by the member pursuant to orders or absence of the member for authorized leave.”
Subsec. (f). Pub. L. 108–375, § 614(b), substituted “
Effective Date Of Amendment
Pub. L. 108–375, div. A, title VI, § 617(c),
Savings
For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before
Miscellaneous
Pub. L. 110–181, div. A, title VI, § 624,
Pub. L. 107–314, div. A, title VI, § 616(b),