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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 |
§ 308. Special pay: reenlistment bonus
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(a) (1) The Secretary concerned may pay a bonus under paragraph (2) to a member of a uniformed service who— (A) has completed at least 17 months of continuous active duty (other than for training) but not more than 20 years of active duty; (B) is qualified in a military skill designated as critical by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as service in the Navy; and (C) reenlists or voluntarily extends the member’s enlistment for a period of at least three years— (i) in a regular component of the service concerned; or (ii) in a reserve component of the service concerned, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10). (2) The bonus to be paid under paragraph (1) may not exceed the lesser of the following amounts: (A) The amount equal to the product of— (i) 15 times the monthly rate of basic pay to which the member was entitled at the time of the discharge or release of the member; and (ii) the number of years (or the monthly fractions thereof) of the term of reenlistment or extension of enlistment. (B) $90,000. (3) Any portion of a term of reenlistment or extension of enlistment of a member that, when added to the total years of service of the member at the time of discharge or release, exceeds 24 years may not be used in computing a bonus under paragraph (2)(A). (4) Notwithstanding paragraph (1)(B), a member who agrees to train and reenlist for service in a military skill which, at the time of that agreement, is designated as critical, may be paid the bonus approved for that skill, at the rate in effect at the time of agreement, upon completion of training and qualification in that skill, if otherwise qualified under this subsection and even if that skill is no longer designated as critical at the time the member becomes eligible for payment of the bonus. (5) The Secretary of Defense may waive the eligibility requirement in paragraph (1)(B) in the case of a reenlistment or voluntary extension of enlistment by a member of the armed forces that is entered into as described in this subsection while the member is serving on active duty in Afghanistan, Iraq, or Kuwait in support of Operation Enduring Freedom or Operation Iraqi Freedom. (b) Bonus payments authorized under this section may be paid in either a lump sum or in installments. If the bonus is paid in installments, the initial payment shall be not less than 50 percent of the total bonus amount. (c) For the purpose of computing the reenlistment bonus in the case of an officer with prior enlisted service who may be entitled to a bonus under subsection (a), the monthly basic pay of the grade in which he is enlisted, computed in accordance with his years of service computed under section 205 of this title, shall be used instead of the monthly basic pay to which he was entitled at the time of his release from active duty as an officer. (d) A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment provisions of section 303a(e) of this title. (e) For the purposes of determining the eligibility of a member for a bonus under this section and of computing the amount of that bonus— (1) any period of enlistment (including any extension of an enlistment) (A) that is incurred by the member for the purpose of continuing to qualify for continuous submarine duty incentive pay under section 301c of this title, and (B) for which no bonus is otherwise payable; or (2) any unserved period of two years or less of an extension of an enlistment for which no bonus has been paid or for which no bonus is otherwise payable under this section, may, under regulations prescribed by the Secretary concerned, be considered as part of an immediately subsequent term of reenlistment (or as part of an immediately subsequent voluntary extension of an enlistment). (f) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy. (g) No bonus shall be paid under this section with respect to any reenlistment, or voluntary extension of an active-duty enlistment, in the armed forces entered into after December 31, 2013 .
Historical And Revision
Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
308(a)
308(b) 308(c) 308(d) 308(e) 308(f) | 37:239(a). 37:239(e). 37:239(b). 37:239(c). 37:239(d). 37:239(f). 37:239(g). | Oct. 12, 1949, ch. 681, § 208; added July 16, 1954, ch. 535, § 2, 68 Stat. 488; July 25, 1961, Pub. L. 87–103, § 1 (as applicable to § 208), 75 Stat. 219. |
In subsection (a), the words “reenlists . . . after . . . compulsory or voluntary active duty or who voluntarily extends his enlistment for at least two years” are substituted for the words “reenlists . . . after . . . active duty” and section 239(e) of existing title 37. The words “(other than for training)” are inserted, since the source statute has been consistently interpreted to exclude that kind of duty. The words “or release” are inserted in column 1 of the table and in footnotes 2, 4, and 5 to conform to the introductory language preceding the tables.
In subsection (b), the words “a total of” are omitted as surplusage.
Amendments
2013—Subsec. (g). Pub. L. 112–239 substituted “
2011—Subsec. (g). Pub. L. 112–81 substituted “
Pub. L. 111–383 substituted “
2009—Subsec. (a)(2)(A)(ii). Pub. L. 111–84, § 1073(b), struck out comma before period at end.
Subsec. (g). Pub. L. 111–84, § 615(3), substituted “
2008—Subsec. (a)(2)(A)(ii). Pub. L. 110–417, § 531(b), struck out “not to exceed six” after “extension of enlistment,”.
Subsec. (g). Pub. L. 110–417, § 614(c), substituted “
Pub. L. 110–181 substituted “
2006—Subsec. (a)(1)(A). Pub. L. 109–163, § 629(a)(1), substituted “20 years of active duty” for “16 years of active duty”.
Subsec. (a)(1)(C), (D). Pub. L. 109–163, § 629(c), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “is not receiving special pay under section 312a of this title; and”.
Subsec. (a)(2)(B). Pub. L. 109–163, § 629(b), substituted “$90,000” for “$60,000”.
Subsec. (a)(3). Pub. L. 109–163, § 629(a)(2), substituted “24 years” for “18 years”.
Subsec. (d). Pub. L. 109–163, § 687(b)(14), amended subsec. (d) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when member is not technically qualified in skill for which bonus was paid or fails to complete term of enlistment for which bonus was paid.
Subsec. (g). Pub. L. 109–364 substituted “
Pub. L. 109–163, § 624(c), substituted “
2004—Subsec. (a)(1). Pub. L. 108–375, § 618(a)(1)(D), struck out concluding provisions which read as follows: “may be paid a bonus as provided in paragraph (2).”
Pub. L. 108–375, § 618(a)(1)(A), in introductory provisions, substituted “The Secretary concerned may pay a bonus under paragraph (2) to a member” for “A member”.
Subsec. (a)(1)(A). Pub. L. 108–375, § 618(a)(1)(B), substituted “16 years” for “fourteen years”.
Subsec. (a)(1)(D). Pub. L. 108–375, § 618(a)(1)(C), which directed that a period be substituted for the semicolon at end, could not be executed because a period already appeared at end.
Subsec. (a)(3). Pub. L. 108–375, § 618(a)(2), substituted “18 years” for “16 years”.
Subsec. (g). Pub. L. 108–375, § 614(c), substituted “
2003—Subsec. (a)(5). Pub. L. 108–136, § 626(a), added par. (5).
Subsec. (g). Pub. L. 108–136, § 614(b), substituted “
2002—Subsecs. (a)(1)(B), (d)(2), (f). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” wherever appearing.
Subsec. (g). Pub. L. 107–314 substituted “
2001—Subsec. (g). Pub. L. 107–107 substituted “
2000—Subsec. (g). Pub. L. 106–398 substituted “
1999—Subsec. (a)(1)(A). Pub. L. 106–65, § 618(a), substituted “17 months” for “twenty-one months”.
Subsec. (a)(2)(A)(i). Pub. L. 106–65, § 618(b)(1), substituted “15” for “ten”.
Subsec. (a)(2)(B). Pub. L. 106–65, § 618(b)(2), substituted “$60,000” for “$45,000”.
Subsec. (g). Pub. L. 106–65, § 613(b), substituted “
1998—Subsec. (a)(1)(D). Pub. L. 105–261, § 618, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “reenlists or voluntarily extends his enlistment in a regular component of the service concerned for a period of at least three years;”.
Subsec. (b). Pub. L. 105–261, § 619, designated par. (1) as entire subsec. and struck out par. (2) which read as follows: “Of the bonuses paid under this section to members of a uniformed service during a fiscal year, not more than 10 percent may exceed $20,000.”
Subsec. (g). Pub. L. 105–261, § 613(b), substituted “
1997—Subsec. (g). Pub. L. 105–85 substituted “
1996—Subsec. (g). Pub. L. 104–201 substituted “
Pub. L. 104–106 substituted “
1994—Subsec. (g). Pub. L. 103–337 substituted “
1993—Subsec. (g). Pub. L. 103–160 substituted “
1992—Subsec. (g). Pub. L. 102–484 substituted “
1991—Subsec. (c). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.
1990—Subsec. (d). Pub. L. 101–510 designated existing provisions as par. (1) and added par. (2).
1989—Subsec. (a)(1). Pub. L. 101–189, § 611(a)(1), substituted “may be paid a bonus as provided in paragraph (2)” for “may be paid a bonus, not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years, or the monthly fractions thereof, of additional obligated service, not to exceed six years, or $30,000, whichever is the lesser amount. Obligated service in excess of sixteen years will not be used for bonus computation”.
Subsec. (a)(2), (3). Pub. L. 101–189, § 611(a)(3), added pars. (2) and (3). Former par. (2) redesignated (4).
Subsec. (a)(4). Pub. L. 101–189, § 611(a)(2), redesignated former par. (2) as (4) and struck out “of this subsection” after “paragraph (1)(B)”.
1987—Subsec. (b)(1). Pub. L. 100–180, § 625(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Not less than 75 percent of the amount of a bonus under this section shall be paid in a lump sum at the beginning of the period for which the bonus is paid, with any remaining amount paid in equal annual installments.”
Subsec. (g). Pub. L. 100–180, § 626(a), substituted “
1985—Subsec. (b)(1). Pub. L. 99–145 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Bonus payments authorized under this section may be paid in either a lump sum or in installments.”
1984—Subsec. (a)(1). Pub. L. 98–525, § 621(b)(1), substituted “$30,000” for “$20,000” in provisions following subpar. (D).
Subsec. (b). Pub. L. 98–525, § 621(b)(2), designated existing provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 98–525, § 621(a), substituted “
1983—Subsec. (g). Pub. L. 98–14 substituted “
1982—Subsec. (g). Pub. L. 97–377 substituted “
Pub. L. 97–276 substituted “
1981—Subsec. (e). Pub. L. 97–60 inserted provision that any unserved period of two years or less of an extension of an enlistment for which no bonus has been paid or for which no bonus is otherwise payable under this section may be considered as part of an immediately subsequent term of reenlistment (or as part of an immediately subsequent voluntary extension of an enlistment) and substituted “Secretary concerned” for “Secretary of the Navy” as authority authorized to prescribe regulations.
1980—Subsec. (a)(1). Pub. L. 96–342, § 804(a)(1), substituted “fourteen years” for “ten years” in subpar. (A) and, in provisions following subpar. (D), substituted “$20,000” for “$15,000” and “sixteen years” for “twelve years”.
Subsec. (e). Pub. L. 96–579 added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 96–579 redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 96–342, § 804(a)(2), substituted “
Subsec. (g). Pub. L. 96–579 redesignated former subsec. (f) as (g).
1978—Subsec. (a). Pub. L. 95–485, § 802(a)(1), designated existing provision as par. (1) and existing pars. (1) to (4) thereof as subpars. (A) to (D), in subpar. (B) as so redesignated, substituted “qualified in a military skill designated as critical” for “designated as having a critical military skill”, and added par. (2).
Subsec. (f). Pub. L. 95–485, § 802(b), substituted “
1977—Subsec. (d). Pub. L. 95–57, § 1(a), substituted “or a member who is not technically qualified in the skill for which a bonus was paid to him under this section (other than a member who is not qualified because of injury, illness, or other impairment not the result of his own misconduct) shall refund that percentage of the bonus, that the unexpired part of his additional obligated service is of the total reenlistment or extension period for which the bonus was paid” for “shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid”.
Subsec. (f). Pub. L. 95–57, § 1(b), substituted “
1974—Pub. L. 93–277 amended section generally.
1968—Subsecs. (e), (g). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
1965—Subsec. (g). Pub. L. 89–132 added subsec. (g).
Effective Date Of Amendment
Amendment by Pub. L. 110–181 effective as of
Pub. L. 108–375, div. A, title VI, § 618(g),
Pub. L. 108–136, div. A, title VI, § 626(d),
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, § 618(c),
Pub. L. 103–160, div. A, title VI, § 613(h)(1),
Pub. L. 101–510, div. A, title VI, § 615(b),
Pub. L. 101–189, div. A, title VI, § 611(b),
Pub. L. 100–180, div. A, title VI, § 625(b),
Pub. L. 99–145, title VI, § 631(b),
Pub. L. 97–60, title I, § 117(d),
Pub. L. 96–342, title VIII, § 804(c),
Amendment by Pub. L. 96–579 effective
Pub. L. 95–485, title VIII, § 802(a)(2),
Pub. L. 95–57, § 3,
Pub. L. 93–277, § 4,
Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on
Amendment by Pub. L. 89–132 effective
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
For provisions relating to coverage of period of lapsed authority from
Pub. L. 100–180, div. A, title VI, § 626(c),
Pub. L. 99–661, div. A, title VI, § 663(a),
Pub. L. 93–277, § 3,