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United States Code (Last Updated: May 24, 2014) |
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Title 37. PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
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Chapter 5. SPECIAL AND INCENTIVE PAYS |
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SubChapter I. EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES |
§ 301a. Incentive pay: aviation career
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(a) (1) Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to aviation career incentive pay in the amount set forth in subsection (b) for the frequent and regular performance of operational or proficiency flying duty required by orders. (2) Aviation career incentive pay shall be restricted to regular and reserve officers who hold, or are in training leading to, an aeronautical rating or designation and who engage and remain in aviation service on a career basis. (3) Under regulations prescribed by the Secretary of Defense, the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, or the Secretary of Commerce and the Secretary of Health and Human Services with respect to members under their respective jurisdiction, an officer (except a flight surgeon or other medical officer) who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is entitled to continuous monthly incentive pay in the amount set forth in subsection (b) that is applicable to him. A flight surgeon or other medical officer who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is not entitled to continuous monthly incentive pay but is entitled to monthly incentive pay in the amounts set forth in subsection (b) for the frequent and regular performance of operational flying duty. (4) To be entitled to continuous monthly incentive pay, an officer must perform the prescribed operational flying duties (including flight training but excluding proficiency flying) for 8 of the first 12, and 12 of the first 18 years of the aviation service of the officer. However, if an officer performs the prescribed operational flying duties (including flight training but excluding proficiency flying) for at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer will be entitled to continuous monthly incentive pay for the first 22 years of aviation service of the officer. Entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of aviation service, but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) for the performance of operational flying duty. (5) If upon completion of either 12 or 18 years of aviation service it is determined that an officer has failed to perform the minimum prescribed operational flying duty requirements during the prescribed periods of time, his entitlement to continuous monthly incentive pay ceases. For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service. The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection. If at the completion of 12 years of aviation service entitlement to continuous monthly incentive pay ceases, entitlement to that pay may again commence at the completion of 18 years of aviation service upon completion of the minimum operational flying duty requirements, such pay to continue for a period of time as prescribed in accordance with this section. However, if entitlement to continuous monthly incentive pay ceases in the case of any officer at the completion of either 12 or 18 years of aviation service, such officer remains entitled to monthly incentive pay for the performance of subsequent operational or proficiency flying duties up to the maximum period of time prescribed in accordance with this section. (6) In this section: (A) The term “aviation service” means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation. (B) The term “operational flying duty” means flying performed under competent orders by rated or designated members while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation. (C) The term “proficiency flying duty” means flying performed under competent orders by rated or designated members while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties. (D) The term “officer” includes an individual enlisted, and designated, as an aviation cadet under section 6911 of title 10. (b) (1) A member who satisfies the requirements described in subsection (a) is entitled to monthly incentive pay as follows: Years of aviation service (including
flight training) as an officer:
Monthly rate
2 or less
$125
Over 2
$156
Over 3
$188
Over 4
$206
Over 6
$650
Over 14
$840
Over 22
$585
Over 23
$495
Over 24
$385
Over 25
$250
(2) An officer in a pay grade above O–6 is entitled, until the officer completes 25 years of aviation service, to be paid at the rates set forth in the table in paragraph (1), except that— (A) an officer in pay grade O–7 may not be paid at a rate greater than $200 a month; and (B) an officer in pay grade O–8 or above may not be paid at a rate greater than $206 a month. (3) For a warrant officer with over 22, 23, 24, or 25 years of aviation service who is qualified under subsection (a), the rate prescribed in the table in paragraph (1) for officers with over 14 years of aviation service shall continue to apply to the warrant officer. (4) An officer serving as an air battle manager who is entitled to aviation career incentive pay under this section and who, before becoming entitled to aviation career incentive pay, was entitled to incentive pay under section 301(a)(13) of this title, shall be paid the monthly incentive pay at the higher of the following rates: (A) The rate otherwise applicable to the member under this subsection. (B) The rate at which the member was receiving incentive pay under section 301(c)(2)(A) of this title immediately before the member’s entitlement to aviation career incentive pay under this section. (c) In time of war, the President may suspend the payment of aviation career incentive pay. (d) Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title, performs, under orders, duty described in subsection (a) for members entitled to basic pay, he is entitled to an increase in compensation equal to 1⁄30 of the monthly incentive pay authorized by subsection (b) for the performance of that duty by a member with corresponding years of aviation service who is entitled to basic pay. Such member is entitled to the increase for as long as he is qualified for it, for each regular period of instruction, or period of appropriate duty, at which he is engaged for at least two hours, including that performed on a Sunday or holiday, 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. This subsection does not apply to a member who is entitled to basic pay under section 204 of this title.
Amendments
2006—Subsec. (f). Pub. L. 109–364 struck out subsec. (f), which required the Secretary of Defense to submit annually to Congress a report specifying for the year covered by the report the total number of officers who were determined under subsection (a)(5) to have failed to perform the minimum operational flying duty requirements, the number of those officers who continued to receive continuous monthly incentive pay and the extent to which they failed to perform those requirements, and the reasons for the exercise of the authority under the second sentence of subsection (a)(5) in the case of each officer specified.
2004—Subsec. (b)(4). Pub. L. 108–375 substituted “section 301(a)(13)” for “section 301(a)(11)”.
2002—Subsec. (a)(3). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1999—Subsec. (b)(4). Pub. L. 106–65 added par. (4).
1998—Subsec. (a)(4). Pub. L. 105–261, § 615(c)(1)(A), substituted “22 years of aviation service of the officer” for “22 years of the officer’s service as an officer” and “25 years of aviation service” for “25 years of service as an officer (as computed under section 205 of this title)”.
Subsec. (a)(6). Pub. L. 105–261, § 615(a)(1), added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively.
Subsec. (b). Pub. L. 105–261, § 615(d), repealed section 615 of Pub. L. 105–85. See 1997 Amendment note below.
Pub. L. 105–261, § 615(b), amended subsec. (b) generally, substituting pars. (1) to (3) for former pars. (1) and (2).
Subsec. (d). Pub. L. 105–261, § 615(c)(1)(B), substituted “subsection (b) for the performance of that duty by a member with corresponding years of aviation service” for “subsection (b)(1) or (2), as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate,”.
1997—Subsec. (b)(1). Pub. L. 105–85, § 615(b), substituted “22 years” for “18 years” in two places in provisions after phase II table.
Pub. L. 105–85, § 615(a), which directed amendment by inserting at the end of phase I of the table the following:
| “Over 14 | 840”; |
| and by striking out phase II of the table and inserting in lieu thereof the following: |
“Phase II | |
|---|---|
“Years of service as an officer: | “Monthly rate |
“Over 22 | 585 |
“Over 23 | 495 |
“Over 24 | 385 |
“Over 25 | 250”, |
was repealed by Pub. L. 105–261, § 615(d).
1996—Subsec. (a)(4). Pub. L. 104–106, § 616(a), substituted “8” for “9” before “of the first 12”.
Subsec. (a)(5). Pub. L. 104–106, § 616(b), inserted “The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection.” after second sentence.
1993—Subsec. (a)(4). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 101–189, § 631(a)(1). See 1989 Amendment note below.
1991—Pub. L. 102–25 struck out “of this section” wherever appearing and struck out “of this subsection” in subsec. (b)(2).
1990—Subsec. (e). Pub. L. 101–510 struck out subsec. (e) which read as follows: “The Secretary of Defense shall report to Congress before October 1 each year the number of rated members by pay grade who—
“(1) have 12 or 18 years of aviation service, and of those numbers, the number who are entitled to continuous monthly incentive pay under subsection (a) of this section; and
“(2) are performing operational flying duties, proficiency flying, and those not performing flying duties.”
1989—Subsec. (a)(4). Pub. L. 101–189, § 631(a), as amended by Pub. L. 103–35, § 204(c), substituted “9 of the first 12, and 12 of the first 18 years of the aviation service of the officer” for “6 of the first 12, and 11 of the first 18, years of his aviation service”, “at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer” for “at least 9 but less than 11 of the first 18 years of his aviation service, he”, and “the officer’s service as an officer” for “his officer service”.
Subsec. (a)(5). Pub. L. 101–189, § 631(b), inserted after first sentence “For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service.”
Subsec. (b)(1). Pub. L. 101–189, § 631(c)(1), in phase I table, substituted “650” for “400” in item relating to over 6 years, and in phase II table, struck out “as computed under section 205” after “an officer” in table heading, substituted “$585” for “$370”, “495” for “340”, and “385” for “310”, in items relating to over 18 years, over 20 years, and over 22 years, respectively, and struck out item relating to a monthly rate of $280 for over 24 years.
Subsec. (b)(2). Pub. L. 101–189, § 631(c)(2), in table, substituted “650” for “400” in item relating to over 6 years.
Subsec. (f). Pub. L. 101–189, § 631(d), added subsec. (f).
1987—Subsec. (a)(6). Pub. L. 100–26, which directed that par. (6) of this section be amended, was executed to par. (6) of subsec. (a) of this section, to reflect the probable intent of Congress by substituting “In this section:” for “For the purposes of this section, the term—”, inserting “The term” at beginning of subpars. (A) to (C), and substituting period for semicolon at end of subpar. (A) and period for “; and” at end of subpar. (B).
1986—Subsec. (a)(6)(C). Pub. L. 99–661, § 632(a)(1), added subpar. (C).
Subsec. (b)(1). Pub. L. 99–661, § 632(a)(2), substituted “a member” for “an officer in pay grades O–1 through O–10”.
1981—Subsec. (a)(4). Pub. L. 97–60, § 112(a), inserted provision that entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of service as an officer (as computed under section 205 of this title), but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) of this section for the performance of operational flying duty.
Subsec. (b)(1), (2). Pub. L. 97–60, § 112(b), amended table to reflect an upward adjustment in monthly incentive pay.
1980—Subsec. (a)(3). Pub. L. 96–513 substituted “Health and Human Services” for “Health, Education, and Welfare”.
Subsec. (b)(1). Pub. L. 96–343, § 2(b)(1), (2), substituted in phase I table, “$125”, “$156”, “$188”, “$206”, and “$306” for “$100”, “$125”, “$150”, “$165”, and “$245” in items relating to 2 or less years, over 2 years, over 3 years, over 4 years, and over 6 years, respectively, in phase II table, “$281”, “$256”, “$231”, and “$206” for “$225”, “$205”, “$185”, and “$165” in items relating to over 18 years, over 20 years, over 22 years, and over 24 but not over 25 years, respectively, and “$200” and “$206” for “$160” and “$165”, respectively.
Subsec. (b)(2). Pub. L. 96–343, § 2(b)(3), substituted “$125”, “$138”, and “$250” for “$100”, “$110”, and “$200” in items relating to 2 or less years, over 2 years, and over 6 years, respectively.
1976—Subsec. (e). Pub. L. 94–273 substituted “October” for “July”.
Effective Date Of Amendment
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 106–65, div. A, title VI, § 614(b),
Pub. L. 105–85, div. A, title VI, § 615(c),
Pub. L. 103–35, title II, § 204(c),
Pub. L. 101–189, div. A, title VI, § 631(e), (f), “TABLE COLUMN 1 COLUMN 2 COLUMN 3 Number of years of aviation service Number of years performing operational flying duty Entitlement to continuous monthly incentive pay through the following year of officer service 6 or more At least 6 of the first 12 years of aviation service 18 6 or more At least 9 but less than 11 of the first 18 years of aviation service 22 6 or more At least 6 of the first 12 and at least 11 of the first 18 years of aviation service 25 At least 6 but less than 12 Less than 6 and subsequently completes 6 of the first 12 and 9 of the first 15 years of aviation service 18 At least 12 but less than 18 Less than 9 and subsequently completes 9 of the first 18 years of aviation service 22 At least 12 but less than 18 Less than 11 and subsequently completes 11 of the first 18 years of aviation service 25
Pub. L. 99–661, div. A, title VI, § 632(b),
Pub. L. 97–60, title I, § 112(c),
Amendment by Pub. L. 96–513 effective
Effective Date
Pub. L. 93–294, § 6,
Delegation Of Functions
For delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294,
Miscellaneous
Pub. L. 93–294, § 4,
Pub. L. 93–294, § 5,
Executive Order
Ex. Ord. No. 11800,