Title 37 — Pay and Allowances of the Uniformed Services
Chapter 5 — Special and Incentive Pays
§ 301d. Multiyear retention bonus: medical officers of the armed forces
Statutory text
Bonus Authorized.—
A medical officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section.
The amount of a retention bonus under paragraph (1) may not exceed $75,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment.
Eligible Officers.—
This section applies to an officer of the armed forces 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;
is in a pay grade below pay grade O–7;
has at least eight years of creditable service (computed as described in section 302(g) of this title) or has completed any active-duty service commitment incurred for medical education and training; and
has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)).
Repayment.—
An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 div. A title VI § 611(a)(1) · 104 Stat. 1485
Enacted · 37 U.S.C. § 301d
Added Pub. L. 101–510, div. A, title VI, § 611(a)(1), Nov. 5, 1990, 104 Stat. 1576
Source evidence
Code source credit
Added Pub. L. 101–510, div. A, title VI, § 611(a)(1), Nov. 5, 1990, 104 Stat. 1576Enacted provision · exact public law section
(1) Chapter 5 of title 37, United States Code, is amended by inserting after section 301c the following new section: “§ 301d. Multiyear retention bonus: medical officers of the armed forces “(a) Bonus Authorized.— (1) A medical officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section. “(2) The amount of a retention bonus under paragraph (1) may not exceed $14,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment. “(b) Eligible Officers.— This section applies to an officer of the armed forces who— “(1) 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; “(2) is in a pay grade below pay grade 0–7; “(3) has at least eight years of creditable service (computed as described in section 302(g) of this title) or has completed any active-duty service commitment incurred for medical education and training; and “(4) has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)). “(c) Refunds.— (1) Refunds shall be required, on a pro rata basis, of sums paid under this section if the officer who has received the payment fails to complete the total period of active duty specified in the agreement, as conditions and circumstances warrant. “(2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owned to the United States. “(3) A discharge in bankruptcy under title 11, United States Code, that is entered less than five years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under such agreement or under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991.”.Wagner-O’Day Act
Pub. L. 102–484 § 1054(a)(2)(A) · 106 Stat. 2315
Substituted · 37 U.S.C. § 301d(c)(2)
Pub. L. 102–484, § 1054(a)(2)(A), substituted “owed” for “owned”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 102–484, § 1054(a)(2)(A), substituted “owed” for “owned”.Enacted provision · exact public law section
(A) in paragraph (2), by striking out “owned” and inserting in lieu thereof “owed”; andWagner-O’Day Act
Pub. L. 102–484 § 1054(a)(2)(B) · 106 Stat. 2315
Substituted · 37 U.S.C. § 301d(c)(3)
Pub. L. 102–484, § 1054(a)(2)(B), substituted “November 5, 1990” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 102–484, § 1054(a)(2)(B), substituted “November 5, 1990” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991”.Enacted provision · exact public law section
(B) in paragraph (3), by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991” and inserting in lieu thereof “November 5, 1990”.Pub. L. 107–314 div. A title VI § 615(a) · 116 Stat. 2458
Substituted · 37 U.S.C. § 301d(a)(2)
Pub. L. 107–314 substituted “$50,000” for “$14,000”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 107–314 substituted “$50,000” for “$14,000”.Enacted provision · exact public law section
(a) Retention Bonus for Medical Officers.— Section 301d(a)(2) of title 37, United States Code, is amended by striking “$14,000” and inserting “$50,000”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title VI § 687(b)(2) · 119 Stat. 3136
Amended · 37 U.S.C. § 301d(c)
Pub. L. 109–163 amended heading and text of subsec. (c) generally
Substituted · 37 U.S.C. § 301d(c)
Pub. L. 109–163 substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–163 amended heading and text of subsec. (c) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty.Enacted provision · exact public law section
(2) Medical officer multiyear retention bonus.— Subsection (c) of section 301d of such title is amended to read as follows: “(c) Repayment.— An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 303a(e) of this title.” .National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 div. A title VI § 615(b) · 122 Stat. 3
Substituted · 37 U.S.C. § 301d(a)(2)
Pub. L. 110–181 substituted “$75,000” for “$50,000”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 110–181 substituted “$75,000” for “$50,000”.Enacted provision · exact public law section
(b) Multiyear Retention Bonus.— Section 301d(a)(2) of title 37, United States Code, is amended by striking “$50,000” and inserting “$75,000”.Effective date note
Pub. L. 110–181, div. A, title VI, § 615(c), Jan. 28, 2008, 122 Stat. 150, provided that: “The amendments made by this section [amending this section and section 302 of this title] shall apply with respect to agreements entered into under section 301d(a) or 302b(c) of title 37, United States Code, on or after the date of the enactment of this Act [Jan. 28, 2008].”
7 of 7 references resolved to an enrolled provision
Editorial Notes
Amendments1992–2008 · 4 rounds
2008
Subsec. (a)(2). Pub. L. 110–181 substituted “$75,000” for “$50,000”.
2006
Subsec. (c). Pub. L. 109–163 amended heading and text of subsec. (c) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty.
2002
Subsec. (a)(2). Pub. L. 107–314 substituted “$50,000” for “$14,000”.
1992
Subsec. (c)(2). Pub. L. 102–484, § 1054(a)(2)(A), substituted “owed” for “owned”.
Subsec. (c)(3). Pub. L. 102–484, § 1054(a)(2)(B), substituted “” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–181, div. A, title VI, § 615(c), , 122 Stat. 150, provided that: “The amendments made by this section [amending this section and section 302 of this title] shall apply with respect to agreements entered into under section 301d(a) or 302b(c) of title 37, United States Code, on or after the date of the enactment of this Act [].”
Savings Provision
For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.
Application of Increase
Pub. L. 107–314, div. A, title VI, § 615(i), , 116 Stat. 2569, provided that: “In the case of an amendment made by this section [amending sections 301d, 301e, 302, 302a, 302d, 302e, and 302i of this title and section 2130a of Title 10, Armed Forces] to increase the maximum amount of a special pay or bonus that may be paid during any 12-month period, the amended limitation shall apply to 12-month periods beginning after .”
Eligibility of Flag and General Officers for Multiyear Retention Bonus for Medical Officers
Pub. L. 102–190, div. A, title VI, § 615, , 105 Stat. 1377, provided that:
“(a) Reiterating Ineligibility.—
The restriction contained in subsection (b)(2) of section 301d of title 37, United States Code, on the eligibility of flag and general officers serving as full-time physicians to receive a multiyear retention bonus under that section shall not be construed as being limited, modified, or superseded by any provision of law, whether enacted before, on, or after the date of the enactment of this Act [], unless that provision of law—
“(1) specifically refers to that section and this subsection; and
“(2) identifies the flag and general officers affected by that provision.
“(b) Savings Provision.—
(1) A medical officer of the Armed Forces who is a flag or general officer and has received any payment of a bonus under section 301d of title 37, United States Code, before the date of the enactment of this Act [] may not be required to reimburse the United States for such payment by reason of the enactment of subsection (a).
“(2) A written agreement referred to in section 301d of title 37, United States Code, that was entered into on or after , and before the date of the enactment of this Act [] by a medical officer of the Armed Forces referred to in paragraph (1) in exchange for a payment (or a promise of payment) of a bonus under that section shall be terminated as of the later of—
“(A) the end of the month following the month in which this Act is enacted; or
“(B) the end of the period covered by the bonus payment or payments received by that officer as described in that paragraph.”
Pub. L. 102–172, title VIII, § 8084, , 105 Stat. 1192, provided that: “Restrictions provided under subsection (b)(2) of section 301d of title 37, United States Code, as authorized by the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510), and hereafter, shall not apply in the case of flag or general officers serving as full-time practicing physicians.”
Termination of Existing Retention Bonus Agreement
Pub. L. 101–510, div. A, title VI, § 611(b), , 104 Stat. 1576, provided that:
“(1) Subject to the approval of the Secretary of the military department concerned, a medical officer who is eligible to enter into a retention bonus agreement under section 301d of title 37, United States Code (as added by subsection (a)) may terminate any existing retention bonus agreement entered into by that officer under [section] 612 of the National Defense Authorization Act, Fiscal Year 1989 [Pub. L. 100–456] (37 U.S.C. 302 note), in order to enter into an agreement under section 301d of such title containing an active-duty service obligation that is not less than the active-duty service obligation remaining under the existing agreement on the date of its termination.
“(2) Subsection (e) of section 612 of the National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note), shall not apply to the termination, pursuant to paragraph (1), of a retention bonus agreement under that section.”
Credits
1990–2008 · 5 acts
- 1990Added Pub. L. 101–510, div. A, title VI, § 611(a)(1), , 104 Stat. 1576
- 1992amended Pub. L. 102–484, div. A, title X, § 1054(a)(2), , 106 Stat. 2502
- 2002Pub. L. 107–314, div. A, title VI, § 615(a), , 116 Stat. 2568
- 2006Pub. L. 109–163, div. A, title VI, § 687(b)(2), , 119 Stat. 3327
- 2008Pub. L. 110–181, div. A, title VI, § 615(b), , 122 Stat. 150.
Show as published
(Added Pub. L. 101–510, div. A, title VI, § 611(a)(1), , 104 Stat. 1576; amended Pub. L. 102–484, div. A, title X, § 1054(a)(2), , 106 Stat. 2502; Pub. L. 107–314, div. A, title VI, § 615(a), , 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, § 687(b)(2), , 119 Stat. 3327; Pub. L. 110–181, div. A, title VI, § 615(b), , 122 Stat. 150.)