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Title 37 — Pay and Allowances of the Uniformed Services

Chapter 5 — Special and Incentive Pays

§ 301e. Multiyear retention bonus: dental officers of the armed forces

Statutory text

(a)

Bonus Authorized.—

(1)

A dental 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 $50,000 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)

Officers Automatically Eligible.—

Subsection (a) applies to an officer of the armed forces who—

(1)

is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer;

(2)

has a dental specialty in oral and maxillofacial surgery;

(3)

is in a pay grade below pay grade O–7;

(4)

has at least eight years of creditable service (computed as described in section 302b(g) 1 of this title) or has completed any active-duty service commitment incurred for dental education and training; and

(5)

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)

Extension of Bonus to Other Dental Officers.—

At the discretion of the Secretary of the military department concerned, the Secretary may enter into a written agreement described in subsection (a)(1) with a dental officer who does not have the dental specialty specified in subsection (b)(2), and pay a retention bonus to such an officer as provided in this section, if the officer otherwise satisfies the eligibility requirements specified in subsection (b). The Secretaries shall exercise the authority provided in this section in a manner consistent with regulations prescribed by the Secretary of Defense.

(d)

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.

Footnotes

  1. 1 See References in Text note below.

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.

  1. National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title VI § 617(a) · 111 Stat. 1629

    Enacted · 37 U.S.C. § 301e

    Added Pub. L. 105–85, div. A, title VI, § 617(a), Nov. 18, 1997, 111 Stat. 1788

    Source evidence

    Code source credit
    Added Pub. L. 105–85, div. A, title VI, § 617(a), Nov. 18, 1997, 111 Stat. 1788

    Enacted provision · exact public law section
    (a) Availability of Retention Bonus.— Chapter 5 of title 37, United States Code, is amended by inserting after section 301d the following new section: “§ 301e. Multiyear retention bonus: dental officers of the armed forces “(a) Bonus Authorized.— (1) A dental 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) Officers Automatically Eligible.— Subsection (a) applies to an officer of the armed forces who— “(1) is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; “(2) has a dental specialty in oral and maxillofacial surgery; “(3) is in a pay grade below pay grade 0–7; “(4) has at least eight years of creditable service (computed as described in section 302b(g) of this title) or has completed any active-duty service commitment incurred for dental education and training; and “(5) 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) Extension of Bonus to Other Dental Officers.— At the discretion of the Secretary of the military department concerned, the Secretary may enter into a written agreement described in subsection (a)(1) with a dental officer who does not have the dental specialty specified in subsection (b)(2), and pay a retention bonus to such an officer as provided in this section, if the officer otherwise satisfies the eligibility requirements specified in subsection (b). The Secretaries shall exercise the authority provided in this section in a manner consistent with regulations prescribed by the Secretary of Defense. “(d) 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 owed 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 Applicability. under title 11 after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998.”.

  2. Pub. L. 107–314 div. A title VI § 615(b) · 116 Stat. 2458

    Substituted · 37 U.S.C. § 301e(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
    (b) Retention Bonus for Dental Officers.— Section 301e(a)(2) of such title is amended by striking “$14,000” and inserting “$50,000”.

  3. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title VI § 687(b)(3) · 119 Stat. 3136

    1. Amended · 37 U.S.C. § 301e(d)

      Pub. L. 109–163 amended heading and text of subsec. (d) generally

    2. Substituted · 37 U.S.C. § 301e(d)

      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. (d). Pub. L. 109–163 amended heading and text of subsec. (d) 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
    (3) Dental officer multiyear retention bonus.— Subsection (d) of section 301e of such title is amended to read as follows: “(d) 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.” .

4 of 4 references resolved to an enrolled provision

Editorial Notes

References in Text
Amendments2002–2006 · 2 rounds

2006

Subsec. (d). Pub. L. 109–163 amended heading and text of subsec. (d) 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”.

Statutory Notes and Related Subsidiaries

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

In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after , see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title.

Credits

1997–2006 · 3 acts
  1. 1997Added Pub. L. 105–85, div. A, title VI, § 617(a), , 111 Stat. 1788
  2. 2002amended Pub. L. 107–314, div. A, title VI, § 615(b), , 116 Stat. 2568
  3. 2006Pub. L. 109–163, div. A, title VI, § 687(b)(3), , 119 Stat. 3328.
Show as published

(Added Pub. L. 105–85, div. A, title VI, § 617(a), , 111 Stat. 1788; amended Pub. L. 107–314, div. A, title VI, § 615(b), , 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, § 687(b)(3), , 119 Stat. 3328.)

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