Title 37 — Pay and Allowances of the Uniformed Services
Chapter 5 — Special and Incentive Pays
§ 302. Special pay: medical officers of the armed forces
Statutory text
Variable, Additional, and Board Certification Special Pay.—
An officer 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 and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection.
An officer described in paragraph (1) who is serving in a pay grade below pay grade O–7 is entitled to variable special pay at the following rates:
$1,200 per year, if the officer is undergoing medical internship training.
$5,000 per year, if the officer has less than six years of creditable service and is not undergoing medical internship training.
$12,000 per year, if the officer has at least six but less than eight years of creditable service.
$11,500 per year, if the officer has at least eight but less than ten years of creditable service.
$11,000 per year, if the officer has at least ten but less than twelve years of creditable service.
$10,000 per year, if the officer has at least twelve but less than fourteen years of creditable service.
$9,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service.
$8,000 per year, if the officer has at least eighteen but less than twenty-two years of creditable service.
$7,000 per year, if the officer has twenty-two or more years of creditable service.
An officer described in paragraph (1) who is serving in a pay grade above pay grade O–6 is entitled to variable special pay at the rate of $7,000 per year.
Subject to subsection (c), an officer entitled to variable special pay under paragraph (2) or (3) is entitled to additional special pay of $15,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training.
An officer who is entitled to variable special pay under paragraph (2) or (3) and who is board certified is entitled to additional special pay at the following rates:
$2,500 per year, if the officer has less than ten years of creditable service.
$3,500 per year, if the officer has at least ten but less than twelve years of creditable service.
$4,000 per year, if the officer has at least twelve but less than fourteen years of creditable service.
$5,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service.
$6,000 per year, if the officer has eighteen or more years of creditable service.
Incentive Special Pay.—
Subject to subsection (c) and paragraph (2) and under regulations prescribed under section 303a(a) of this title, an officer who is entitled to variable special pay under subsection (a)(2) may be paid incentive special pay for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. The amount of incentive special pay paid to an officer under this subsection may not exceed $75,000 for any 12-month period.
An officer is not eligible for incentive special pay under paragraph (1) unless the Secretary concerned has determined that such officer is qualified in the medical profession.
Active-Duty Agreement.—
An officer may not be paid additional special pay under subsection (a)(4) or incentive special pay under subsection (b) for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay.
Under regulations prescribed by the Secretary of Defense under section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an officer’s entitlement to the special pay authorized by subsection (a)(4) or (b)(1). If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.
Regulations.—
Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for determining—
whether an officer is undergoing medical internship or initial residency training for purposes of subsections (a)(2)(A), (a)(2)(B), (a)(4), and (b)(1); and
whether an officer is board certified for purposes of subsection (a)(5).
Frequency of Payments.—
Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) shall be paid monthly. Special pay payable to an officer under subsection (a)(4) or (b)(1) shall be paid annually at the beginning of the twelve-month period for which the officer is entitled to such payment.
Repayment.—
An officer who does not complete the period for which the payment was made under subsection (a)(4) or subsection (b)(1) shall be subject to the repayment provisions of section 303a(e) of this title.
Determination of Creditable Service.—
For purposes of this section, creditable service of an officer is computed by adding—
all periods which the officer spent in medical internship or residency training during which the officer was not on active duty; and
all periods of active service in the Medical Corps of the Army or Navy, as an officer of the Air Force designated as a medical officer, or as a medical officer of the Public Health Service.
Reserve Medical Officers Special Pay.—
A reserve medical officer described in paragraph (2) is entitled to special pay at the rate of $450 a month for each month of active duty, including active duty in the form of annual training, active duty for training, and active duty for special work.
A reserve medical officer referred to in paragraph (1) is a reserve officer 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; and
is on active duty under a call or order to active duty for a period of less than one year.
Effect of Discharge in Bankruptcy.—
A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under subsection (c)(2) or (f). This paragraph applies to any case commenced under title 11 after .
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.
Pub. L. 87–649 · 76 Stat. 451
Enacted · 37 U.S.C. § 302
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 464
Source evidence
Code source credit
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 464Pub. L. 88–2 § 5 · 77 Stat. 4
Substituted · 37 U.S.C. § 302(a)
Pub. L. 88–2 substituted “July 1, 1967” for “July 1, 1963” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 88–2 substituted “July 1, 1967” for “July 1, 1963” wherever appearing.Enacted provision · exact public law section
Sec. 5. Sections 302 and 303 of title 37, United States Code, are each amended by striking out “July 1, 1963” wherever that date appears and inserting in place thereof “July 1, 1967”.Uniformed Services Pay Act of 1963
Pub. L. 88–132 § 4 · 77 Stat. 194
Changed · 37 U.S.C. § 302(b)(3); 37 U.S.C. § 302(b)(4)
Pub. L. 88–132 increased monthly special pay of officers completing at least six years of active duty from $200 to $250 in par. (3), and officers completing at least 10 years of active duty from $250 to $350 in par. (4)
Source evidence
Code amendment note
Subsec. (b)(3), (4). Pub. L. 88–132 increased monthly special pay of officers completing at least six years of active duty from $200 to $250 in par. (3), and officers completing at least 10 years of active duty from $250 to $350 in par. (4).Enacted provision · exact public law section
Sec. 4. special pay for physicians and dentists Section 302(b) of title 37, United States Code, is amended by striking out the figure “$200” in clause (3) and the figure “$250” in clause (4) and inserting in place thereof the figure “$250” and the figure “$350”, respectively.Pub. L. 89–718 § 53 · 80 Stat. 1113
Substituted · 37 U.S.C. § 302(b)
Pub. L. 89–718 substituted “or” for “and” at end of par. (3)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 89–718 substituted “or” for “and” at end of par. (3).Enacted provision · exact public law section
Sec. 53. Section 302(b)(3) of title 37, United States Code, is amended by striking out “and” at the end thereof and inserting in place thereof “or”.Pub. L. 90–40 § 5 · 81 Stat. 100
Substituted · 37 U.S.C. § 302(a)
Pub. L. 90–40 substituted “July 1, 1971” for “July 1, 1967” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–40 substituted “July 1, 1971” for “July 1, 1967” wherever appearing.Enacted provision · exact public law section
Sec. 5. Sections 302 and 303 of title 37. United States Code, are each 77 Stat. 4. amended by striking out “July 1, 1967” whenever that date appears and inserting in place thereof “July 1, 1971”.Pub. L. 92–129 title I § 104 · 85 Stat. 348
Substituted · 37 U.S.C. § 302(a)
Pub. L. 92–129 substituted “July 1, 1973” for “July 1, 1971” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 92–129 substituted “July 1, 1973” for “July 1, 1971” wherever appearing.Enacted provision · exact public law section
Sec. 104. Sections 302 and 303 of title 37. United States Code, are each amended by striking out. “July 1, 1971” whenever that date appears and inserting in place thereof “July 1, 1973”.Pub. L. 93–64 title II § 201 · 87 Stat. 147
Substituted · 37 U.S.C. § 302(a)
Pub. L. 93–64 substituted “July 1, 1975” for “July 1, 1973” wherever appearing
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–64 substituted “July 1, 1975” for “July 1, 1973” wherever appearing.Enacted provision · exact public law section
Sec. 201. Section 302 of title 37, United States Code, is amended by 85 Stat. 355. striking out “July 1, 1973” wherever it appears therein and inserting in place thereof “July 1, 1975”.Pub. L. 93–274 § 1(1) · [88 Stat. 94]
Repealed · 37 U.S.C. § 302
Pub. L. 93–274 reduced for uniformed services physicians the present four steps of special pay, which require the completion of ten years of active duty before attaining eligibility for the $350 per month maximum down to two steps, with the maximum being reached upon completion of two years of active duty, and repealed provisions relating to special pay for dentists. See section 302b of this title
Source evidence
Code amendment note
Pub. L. 93–274 reduced for uniformed services physicians the present four steps of special pay, which require the completion of ten years of active duty before attaining eligibility for the $350 per month maximum down to two steps, with the maximum being reached upon completion of two years of active duty, and repealed provisions relating to special pay for dentists. See section 302b of this title.Enacted provision · exact public law section
(1) Section 302 is amended to read as follows and the item in the chapter analysis is amended to correspond with the revised catchline: 37 USC 302.“§ 302. Special pay: physicians “An officer of the Army or Navy in the Medical Corps, an officer of the Air Force who is designated as a medical officer, or a medical officer of the Public Health Service, who is on active duty for a period of at least one year is entitled, in addition to any other pay or allowances to which he is entitled, to special pay at the following rates— “(1) $100 a month for each month of active duty if he has not completed two years of active duty in a category named in this section; or “(2) $350 a month for each month of active duty if he has completed at least two years of active duty in a category named in this section. The amounts set forth in this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay.”.Uniformed Services Health Professionals Special Pay Act of 1980
Pub. L. 96–284 § 2(a) · 94 Stat. 587
Added · 37 U.S.C. § 302
Pub. L. 96–284, in revising text, added subsecs. (a) to (g) provisions covering special pay for medical officers of the armed forces
Struck · 37 U.S.C. § 302
Pub. L. 96–284, in revising text, struck out former provision for special pay of physicians in the Army, Navy, Air Force, and Public Health Service, amounting to $100 or $350 a month for each month of active duty in cases of active duty in named category of less than two years or two years or more of duty, now covered as to Public Health Service in section 302c of this title
Struck · 37 U.S.C. § 302
Pub. L. 96–284, in revising text, struck out prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay
Source evidence
Code amendment note
Pub. L. 96–284, in revising text, added subsecs. (a) to (g) provisions covering special pay for medical officers of the armed forces, and struck out former provision for special pay of physicians in the Army, Navy, Air Force, and Public Health Service, amounting to $100 or $350 a month for each month of active duty in cases of active duty in named category of less than two years or two years or more of duty, now covered as to Public Health Service in section 302c of this title, and struck out prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay.Enacted provision · exact public law section
(a) Section 302 of title 37, United States Code, relating to special pay for medical officers of the uniformed services, is amended to read as follows: “§ 302. Special pay: medical officers of the armed forces “(a) (1) An officer 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 and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection. “(2) An officer described in paragraph (1) of this subsection who is serving in a pay grade below pay grade 0–7 is entitled to variable special pay at the following rates: “(A) $1,200 per year, if the officer is undergoing medical internship training. “(B) $5,000 per year, if the officer has less than six years of creditable service and is not undergoing medical internship training. “(C) $10,000 per year, if the officer has at least six but less than eight years of creditable service. “(D) $9,500 per year, if the officer has at least eight but less than ten years of creditable service. “(E) $9,000 per year, if the officer has at least ten but less than twelve years of creditable service. “(F) $8,000 per year, if the officer has at least twelve but less than fourteen years of creditable service. “(G) $7,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service. “(H) $6,000 per year, if the officer has at least eighteen but less than twenty-two years of creditable service. “(I) $5,000 per year, if the officer has twenty-two or more years of creditable service. “(3) An officer described in paragraph (1) of this subsection who is serving in a pay grade above pay grade 0–6 is entitled to variable special pay at the rate of $1,000 per year. “(4) (A) Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has less than ten years of creditable service is entitled to additional special pay of $9,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. “(B) Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has ten or more years of creditable service is entitled to additional special pay of $10,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. “(5) An officer who is entitled to variable special pay under paragraph (2) or (3) of this subsection and who is board certified is entitled to additional special pay at the following rates: “(A) $2,000 per year, if the officer has less than ten years of creditable service. “(B) $2,500 per year, if the officer has at least ten but less than twelve years of creditable service. “(C) $3,000 per year, if the officer has at least twelve but less than fourteen years of creditable service. “(D) $4,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service. “(E) $5,000 per year, if the officer has eighteen or more years of creditable service. “(b) (1) Subject to subsection (c) of this section and paragraph (2) of this subsection and under regulations prescribed under section Post, p. 592. 303a(a) of this title, an officer who is entitled to variable special pay under subsection (a)(2) of this section may be paid incentive special pay in an amount not to exceed $8,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. “(2) An officer is not eligible for incentive special pay under paragraph (1) of this subsection unless the Secretary concerned has determined that such officer is qualified in the medical profession. “(3) The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed an amount equal to 6 percent of the total amount paid in such year for special pay under subsection (a) of this section and paragraph (1) of this subsection. “(c) (1) An officer may not be paid additional special pay under subsection (a)(4) of this section or incentive special pay under subsection (b) of this section for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. “(2) Under regulations prescribed by the Secretary of Defense under section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an officer’s entitlement to the special pay authorized by subsection (a)(4) or (b)(1) of this section. If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement. “(d) Regulations prescribed by the Secretary of Defense under Determination standards. section 303a(a) of this title shall include standards for determining— “(1) whether an officer is undergoing medical internship or initial residency training for purposes of subsections (a)(2)(A), (a)(2)(B), (a)(4), and (b)(1) of this section; and “(2) whether an officer is board certified for purposes of subsection (a)(5) of this section. “(e) Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) of this section shall be paid monthly. Special pay payable to an officer under subsection (a)(4) or (b)(1) of this section shall be paid annually at the beginning of the twelve-month period for which the officer is entitled to such payment. “(f) An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) or (b)(1) of this section shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made. “(g) For purposes of this section, creditable service of an officer is Creditable services, computation. computed by adding— “(1) all periods which the officer spent in medical internship or residency training during which the officer was not on active duty; and “(2) all periods of active service in the Medical Corps of the Army or Navy, as an officer of the Air Force designated as a medical officer, or as a medical officer of the Public Health Service.”.Defense Officer Personnel Management Act
Pub. L. 96–513 title IV § 415 · 94 Stat. 2835
Added · 37 U.S.C. § 302(h)
Pub. L. 96–513 added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 96–513 added subsec. (h).Enacted provision · exact public law section
Sec. 415. special pay for reserve medical officers Section 302 of title 37, United States Code, relating to special pay for medical officers, is amended by adding at the end thereof the following new subsection: “(h) (1) Any reserve officer 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— “(A) who has served on active duty as a medical officer for not less than one year; and “(B) is not on active duty under a call or order to active duty for a period of not less than one year; is entitled to special pay in accordance with this subsection. “(2) An officer described in paragraph (1) of this subsection is entitled to special pay at the rate of— “(A) 1100 a month for each month of active duty, if he has not completed two years of active duty; or “(B) $350 a month for each month of active duty, if he has completed at least two years of active duty.”.Department of Defense Authorization Act, 1986
Pub. L. 99–145 § 640(1) · 99 Stat. 583
Substituted · 37 U.S.C. § 302(h)(1)(B)
Pub. L. 99–145, § 640(1), substituted “who is” for “is not”
Source evidence
Code amendment note
Subsec. (h)(1)(B). Pub. L. 99–145, § 640(1), substituted “who is” for “is not”.Enacted provision · exact public law section
(1) by striking out “is not” in subsection (h)(1)(B) and inserting in lieu thereof “who is”; andDepartment of Defense Authorization Act, 1986
Pub. L. 99–145 § 640(2) · 99 Stat. 583
Added · 37 U.S.C. § 302(i)
Pub. L. 99–145, § 640(2), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 99–145, § 640(2), added subsec. (i).Enacted provision · exact public law section
(2) by adding at the end thereof the following new subsection: “(i) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under paragraph (1) of this subsection. This paragraph applies to any case commenced under title 11 after September 30, 1985.”Department of Defense Authorization Act, 1987
Pub. L. 99–661 § 1342(d) · 100 Stat. 3816
Amended · 37 U.S.C. § 302(h)(1)(B)
Pub. L. 99–661, § 1342(d), amended subpar. (B) generally
Substituted · 37 U.S.C. § 302(h)(1)(B)
Pub. L. 99–661, § 1342(d), substituting “period of less than one year” for “period of not less than one year”
Source evidence
Code amendment note
Subsec. (h)(1)(B). Pub. L. 99–661, § 1342(d), amended subpar. (B) generally, substituting “period of less than one year” for “period of not less than one year”.Enacted provision · exact public law section
(d) Reserve Medical Officers’ Special Pay.— Subparagraph (B) of section 302(h)(1) of title 37, United States Code (as amended by section 640 of the Department of Defense Authorization Act, 1986 (99 Stat. 652)), is amended to read as follows: “(B) who is on active duty under a call or order to active duty for a period of less than one year;”.Department of Defense Authorization Act, 1987
Pub. L. 99–661 § 1343(b)(1) · 100 Stat. 3816
Substituted · 37 U.S.C. § 302(i)
Pub. L. 99–661, § 1343(b)(1), substituted “subsection (c)(2) or (f) of this section” for “paragraph (1) of this subsection”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 99–661, § 1343(b)(1), substituted “subsection (c)(2) or (f) of this section” for “paragraph (1) of this subsection”.Enacted provision · exact public law section
(1) Section 302(i) of title 37, United States Code, is amended by striking out “paragraph (1) of this subsection” and inserting in lieu thereof “subsection (c)(2) or (f) of this section”.National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 § 716(a)(1) · 101 Stat. 1019
Struck and inserted · 37 U.S.C. § 302(b)(1)
Pub. L. 100–180, § 716(a)(1), (2), struck out “in an amount not to exceed $8,000” after “incentive special pay” and inserted at end “No payment to an officer under this subsection may exceed $8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill.”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 100–180, § 716(a)(1), (2), struck out “in an amount not to exceed $8,000” after “incentive special pay” and inserted at end “No payment to an officer under this subsection may exceed $8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill.”Enacted provision · exact public law section
(1) by striking out “in an amount not to exceed $8,000” in paragraph (1);National Defense Authorization Act for Fiscal Years 1988 and 1989
Pub. L. 100–180 § 716(a)(3) · 101 Stat. 1019
Struck · 37 U.S.C. § 302(b)(3)
Pub. L. 100–180, § 716(a)(3), struck out par. (3) which read as follows: “The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed an amount equal to 6 percent of the total amount paid in such year for special pay under subsection (a) of this section and paragraph (1) of this subsection.”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 100–180, § 716(a)(3), struck out par. (3) which read as follows: “The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed an amount equal to 6 percent of the total amount paid in such year for special pay under subsection (a) of this section and paragraph (1) of this subsection.”Enacted provision · exact public law section
(3) by striking out paragraph (3).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(1) · 103 Stat. 1352
Inserted · 37 U.S.C. § 302(a)
Pub. L. 101–189, § 702(f)(1), inserted heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–189, § 702(f)(1), inserted heading.Enacted provision · exact public law section
(1) by inserting “Variable, Additional, and Board Certification Special Pay.—” in subsection (a) after “(a)”;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(a)(2)
Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)” in introductory provisions.Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(a) · 103 Stat. 1352
Substituted · 37 U.S.C. § 302(a)(2)(C)(I)
Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$12,000” for “$10,000”, in subpar. (D)
Substituted · 37 U.S.C. § 302(a)(2)(C)(I)
Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$11,500” for “$9,500”, in subpar. (E)
Substituted · 37 U.S.C. § 302(a)(2)(C)(I)
Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$11,000” for “$9,000”, in subpar. (F)
Substituted · 37 U.S.C. § 302(a)(2)(C)(I)
Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$10,000” for “$8,000”, in subpar. (G)
Substituted · 37 U.S.C. § 302(a)(2)(C)(I)
Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$9,000” for “$7,000”, in subpar. (H)
Substituted · 37 U.S.C. § 302(a)(2)(C)(I)
Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$8,000” for “$6,000”, and in subpar. (I)
Substituted · 37 U.S.C. § 302(a)(2)(C)(I)
Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$7,000” for “$5,000”
Source evidence
Code amendment note
Subsec. (a)(2)(C) to (I). Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$12,000” for “$10,000”, in subpar. (D), substituted “$11,500” for “$9,500”, in subpar. (E), substituted “$11,000” for “$9,000”, in subpar. (F), substituted “$10,000” for “$8,000”, in subpar. (G), substituted “$9,000” for “$7,000”, in subpar. (H), substituted “$8,000” for “$6,000”, and in subpar. (I), substituted “$7,000” for “$5,000”.Enacted provision · exact public law section
(a) Variable Special Pay.— Subsection (a)(2) of section 302 of title 37, United States Code, is amended— (1) by striking out “$10,000” in subparagraph (C) and inserting in lieu thereof “$12,000”; (2) by striking out “$9,500” in subparagraph (D) and inserting in lieu thereof “$11,500”; (3) by striking out “$9,000” in subparagraph (E) and inserting in lieu thereof “$11,000”; (4) by striking out “$8,000” in subparagraph (F) and inserting in lieu thereof “$10,000”; (5) by striking out “$7,000” in subparagraph (G) and inserting in lieu thereof “$9,000”; (6) by striking out “$6,000” in subparagraph (H) and inserting in lieu thereof “$8,000”; and (7) by striking out “$5,000” in subparagraph 00 and inserting in lieu thereof “$7,000”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(a)(3)
Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”.Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(a)(4)
Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “of this subsection” after “paragraph (2) or (3)”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “of this subsection” after “paragraph (2) or (3)”.Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(b) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(a)(4)
Pub. L. 101–189, § 702(b), struck out subpar. (A) designation
Substituted · 37 U.S.C. § 302(a)(4)
Pub. L. 101–189, § 702(b), substituted “is entitled to additional special pay of $15,000” for “who has less than ten years of creditable service is entitled to additional special pay of $9,000”
Struck · 37 U.S.C. § 302(a)(4)
Pub. L. 101–189, § 702(b), struck out subpar. (B) which read as follows: “Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has ten or more years of creditable service is entitled to additional special pay of $10,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189, § 702(b), struck out subpar. (A) designation, substituted “is entitled to additional special pay of $15,000” for “who has less than ten years of creditable service is entitled to additional special pay of $9,000”, and struck out subpar. (B) which read as follows: “Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has ten or more years of creditable service is entitled to additional special pay of $10,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training.”Enacted provision · exact public law section
(b) Additional Special Pay.— Subsection (a)(4) of such section is amended— (1) by striking out “(A)”; (2) by striking out “who has less than ten years of creditable service”; (3) by striking out “$9,000” and inserting in lieu thereof “$15,000”; and (4) by striking out subparagraph (B).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(a)(5)
Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (2) or (3)”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (2) or (3)”.Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(c) · 103 Stat. 1352
Substituted · 37 U.S.C. § 302(a)(5)
Pub. L. 101–189, § 702(c), in subpar. (A), substituted “$2,500” for “$2,000”, in subpar. (B)
Substituted · 37 U.S.C. § 302(a)(5)
Pub. L. 101–189, § 702(c), in subpar. (A), substituted “$3,500” for “$2,500”, in subpar. (C)
Substituted · 37 U.S.C. § 302(a)(5)
Pub. L. 101–189, § 702(c), in subpar. (A), substituted “$4,000” for “$3,000”, in subpar. (D)
Substituted · 37 U.S.C. § 302(a)(5)
Pub. L. 101–189, § 702(c), in subpar. (A), substituted “$5,000” for “$4,000”, and in subpar. (E)
Substituted · 37 U.S.C. § 302(a)(5)
Pub. L. 101–189, § 702(c), in subpar. (A), substituted “$6,000” for “$5,000”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189, § 702(c), in subpar. (A), substituted “$2,500” for “$2,000”, in subpar. (B), substituted “$3,500” for “$2,500”, in subpar. (C), substituted “$4,000” for “$3,000”, in subpar. (D), substituted “$5,000” for “$4,000”, and in subpar. (E), substituted “$6,000” for “$5,000”.Enacted provision · exact public law section
(c) Board Certification Pay.— Subsection (a)(5) of such section is amended— (1) by striking out “$2,000” in subparagraph (A) and inserting in lieu thereof “$2,500”; (2) by striking out “$2,500” in subparagraph (B) and inserting in lieu thereof “$3,500”; (3) by striking out “$3,000” in subparagraph (C) and inserting in lieu thereof “$4,000”; (4) by striking out “$4,000” in subparagraph (D) and inserting in lieu thereof “$5,000”; and (5) by striking out “$5,000” in subparagraph (E) and inserting in lieu thereof “$6,000”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(2) · 103 Stat. 1352
Inserted · 37 U.S.C. § 302(b)
Pub. L. 101–189, § 702(f)(2), inserted heading
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–189, § 702(f)(2), inserted heading.Enacted provision · exact public law section
(2) by inserting “Incentive Special Pay.—” in subsection (b) after “(b)”;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(b)(1)
Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “subsection (a)(2)”
Struck · 37 U.S.C. § 302(b)(1)
Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (2)”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “subsection (a)(2)” and struck out “of this subsection” after “paragraph (2)”.Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(d) · 103 Stat. 1352
Substituted · 37 U.S.C. § 302(b)(1)
Pub. L. 101–189, § 702(d), substituted “$16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992” for “$8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189, § 702(d), substituted “$16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992” for “$8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill”.Enacted provision · exact public law section
(d) Incentive Special Pay.— Subsection (b)(1) of such section is amended by striking out “$8,000 for any twelve-month period” and all that follows through the period and inserting in lieu thereof “$16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992.”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(b)(2)
Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”.Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(c)
Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)(4)” and “subsection (b)” in par. (1) and after “or (b)(1)” in par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)(4)” and “subsection (b)” in par. (1) and after “or (b)(1)” in par. (2).Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(3) · 103 Stat. 1352
Inserted · 37 U.S.C. § 302(c)
Pub. L. 101–189, § 702(f)(3), inserted heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189, § 702(f)(3), inserted heading.Enacted provision · exact public law section
(3) by inserting “Active-Duty Agreement.—” in subsection (c) after “(c)”;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(d)
Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “and (b)(1)” in par. (1) and after “subsection (a)(5)” in par. (2)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “and (b)(1)” in par. (1) and after “subsection (a)(5)” in par. (2).Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(4) · 103 Stat. 1352
Inserted · 37 U.S.C. § 302(d)
Pub. L. 101–189, § 702(f)(4), inserted heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189, § 702(f)(4), inserted heading.Enacted provision · exact public law section
(4) by inserting “Regulations.—” in subsection (d) after “(d)”;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(e)
Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)” and “or (b)(1)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)” and “or (b)(1)”.Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(5) · 103 Stat. 1352
Inserted · 37 U.S.C. § 302(e)
Pub. L. 101–189, § 702(f)(5), inserted heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189, § 702(f)(5), inserted heading.Enacted provision · exact public law section
(5) by inserting “Frequency of Payments.—” in subsection (e) after “(e)”;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(f)
Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (b)(1)”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (b)(1)”.Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(6) · 103 Stat. 1352
Inserted · 37 U.S.C. § 302(f)
Pub. L. 101–189, § 702(f)(6), inserted heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189, § 702(f)(6), inserted heading.Enacted provision · exact public law section
(6) by inserting “Refund for Period of Unserved Obligated Service.—” in subsection (f) after “(f)”;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(7) · 103 Stat. 1352
Inserted · 37 U.S.C. § 302(g)
Pub. L. 101–189, § 702(f)(7), inserted heading
Source evidence
Code amendment note
Subsec. (g). Pub. L. 101–189, § 702(f)(7), inserted heading.Enacted provision · exact public law section
(7) by inserting “Determination of Creditable Service.—” in subsection (g) after “(g)”;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(e) · 103 Stat. 1352
Amended · 37 U.S.C. § 302(h)
Pub. L. 101–189, § 702(e), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:
Source evidence
Code amendment note
Subsec. (h). Pub. L. 101–189, § 702(e), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:“(1) Any reserve officer 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— “(A) who has served on active duty as a medical officer for not less than one year; and “(B) who is on active duty under a call or order to active duty for a period of less than one year; is entitled to special pay in accordance with this subsection. “(2) An officer described in paragraph (1) of this subsection is entitled to special pay at the rate of— “(A) $100 a month for each month of active duty, if he has not completed two years of active duty; or “(B) $350 a month for each month of active duty, if he has completed at least two years of active duty.”
Enacted provision · exact public law section
(e) Reserve Medical Officers Special Pay.— Subsection (h) of such section is amended to read as follows: “(h) Reserve Medical Officers Special Pay.— (1) A reserve medical officer described in paragraph (2) is entitled to special pay at the rate of $450 a month for each month of active duty. “(2) A reserve medical officer referred to in paragraph (1) is a reserve officer who— “(A) 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, and “(B) is on active duty under a call or order to active duty for a period of less than one year.”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(9) · 103 Stat. 1352
Struck · 37 U.S.C. § 302(i)
Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (f)”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (f)”.Enacted provision · exact public law section
(9) by striking out “of this section” and “of this subsection” each place they appear (other than in subsection (g)).National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 702(f)(8) · 103 Stat. 1352
Inserted · 37 U.S.C. § 302(i)
Pub. L. 101–189, § 702(f)(8), inserted heading
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–189, § 702(f)(8), inserted heading.Enacted provision · exact public law section
(8) by inserting “Effect of Discharge in Bankruptcy.—” in subsection (i) after “(i)”; andNational Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 div. A title VI § 612 · 104 Stat. 1485
Substituted · 37 U.S.C. § 302(a)(3)
Pub. L. 101–510 substituted “$7,000” for “$1,000”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 101–510 substituted “$7,000” for “$1,000”.Enacted provision · exact public law section
SEC. 612. INCREASE IN PHYSICIAN SPECIAL PAY FOR OFFICERS IN A PAY GRADE ABOVE O-6 Section 302(a)(3) of title 37, United States Code, is amended by striking out “$1,000” and inserting in lieu thereof “$7,000”.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Inserted · 37 U.S.C. § 302(h)(1)
Pub. L. 106–398 inserted before period at end “, including active duty in the form of annual training, active duty for training, and active duty for special work”
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 106–398 inserted before period at end “, including active duty in the form of annual training, active duty for training, and active duty for special work”.Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.Pub. L. 107–314 div. A title VI § 615(c) · 116 Stat. 2458
Inserted · 37 U.S.C. § 302(b)(1)
Pub. L. 107–314 inserted second sentence
Struck · 37 U.S.C. § 302(b)(1)
Pub. L. 107–314 struck out former second sentence which read as follows: “No payment to an officer under this subsection may exceed $16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992.”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 107–314 inserted second sentence and struck out former second sentence which read as follows: “No payment to an officer under this subsection may exceed $16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992.”Enacted provision · exact public law section
(c) Incentive Special Pay for Medical Officers.— Section 302(b)(1) of such title is amended by striking the second sentence and inserting the following new sentence: “The amount of incentive special pay paid to an officer under this subsection may not exceed $50,000 for any 12-month period.”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 687(b)(4)(A) · 119 Stat. 3136
Added · 37 U.S.C. § 302(c)(2)
Pub. L. 109–163, § 687(b)(4)(A), added second sentence
Struck · 37 U.S.C. § 302(c)(2)
Pub. L. 109–163, § 687(b)(4)(A), struck out former second sentence which read as follows: “If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement.”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 109–163, § 687(b)(4)(A), added second sentence and struck out former second sentence which read as follows: “If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement.”Enacted provision · exact public law section
(A) in subsection (c)(2), by striking the second sentence and inserting the following new sentence: “If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.”; andNational Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 687(b)(4)(B) · 119 Stat. 3136
Added · 37 U.S.C. § 302(f)
Pub. L. 109–163, § 687(b)(4)(B), added subsec. (f)
Struck · 37 U.S.C. § 302(f)
Pub. L. 109–163, § 687(b)(4)(B), struck out heading and text of former subsec. (f). Text read as follows: “An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) or (b)(1) shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 109–163, § 687(b)(4)(B), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) or (b)(1) shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made.”Enacted provision · exact public law section
(B) by striking subsection (f) and inserting the following new subsection: “(f) Repayment.— An officer who does not complete the period for which the payment was made under subsection (a)(4) or subsection (b)(1) 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(a) · 122 Stat. 3
Substituted · 37 U.S.C. § 302(b)(1)
Pub. L. 110–181 substituted “$75,000” for “$50,000”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 110–181 substituted “$75,000” for “$50,000”.Enacted provision · exact public law section
(a) Incentive Special Pay.— Section 302(b)(1) of title 37, United States Code, is amended by striking “$50,000” and inserting “$75,000”.Effective date note
Amendment by Pub. L. 110–181 applicable with respect to agreements entered into under section 301d(a) or 302b(c) of this title on or after Jan. 28, 2008, see section 615(c) of Pub. L. 110–181, set out as a note under section 301d of this title.
64 of 65 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 302(a) 302(b) 302(c) | 37:234(a).37:234(b) (introductory clause and last proviso, less applicability to veterinarians).37:234(b) (less introductory clause, less provisos, and less applicability to veterinarians).37:234(b) (1st and 2d provisos, less applicability to veterinarians). | Oct. 12, 1949, ch. 681, § 203(a), (b) (less applicability to veterinarians), 63 Stat. 809; June 25, 1952, ch. 459, § 1, 66 Stat. 156; June 29, 1953, ch. 138, § 8 (less applicability to veterinarians), 67 Stat. 89; June 30, 1955, ch. 250, § 203, 69 Stat. 225; Apr. 30, 1956, ch. 223, § 5, 70 Stat. 122; Mar. 23, 1959, Pub. L. 86–4, § 5, 73 Stat. 13. |
In subsection (a), clause (1) is substituted for section 234(a)(1), (2), and (3) of existing title 37. The words “of the Regular Army or the Regular Navy” and “of the Regular Air Force” are inserted in clauses (1)(A) and (B), respectively, since, in contradistinction to section 234(a)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2) (A) and (B) are substituted for the enumeration of categories in section 234(a)(4) of existing title 37 to reflect current usage and designation of those categories. Clause (3) is substituted for section 234(a)(5) and (6) of existing title 37.
In subsection (c), the words “disability retirement pay” are omitted as covered by the words “retired pay”. Section 234(b) (2d proviso) of existing title 37 is omitted as obsolete.
Editorial Notes
Amendments1963–2008 · 16 rounds
2008
Subsec. (b)(1). Pub. L. 110–181 substituted “$75,000” for “$50,000”.
2006
Subsec. (c)(2). Pub. L. 109–163, § 687(b)(4)(A), added second sentence and struck out former second sentence which read as follows: “If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement.”
Subsec. (f). Pub. L. 109–163, § 687(b)(4)(B), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) or (b)(1) shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made.”
2002
Subsec. (b)(1). Pub. L. 107–314 inserted second sentence and struck out former second sentence which read as follows: “No payment to an officer under this subsection may exceed $16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992.”
2000
Subsec. (h)(1). Pub. L. 106–398 inserted before period at end “, including active duty in the form of annual training, active duty for training, and active duty for special work”.
1990
Subsec. (a)(3). Pub. L. 101–510 substituted “$7,000” for “$1,000”.
1989
Subsec. (a). Pub. L. 101–189, § 702(f)(1), inserted heading.
Subsec. (a)(2). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)” in introductory provisions.
Subsec. (a)(2)(C) to (I). Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$12,000” for “$10,000”, in subpar. (D), substituted “$11,500” for “$9,500”, in subpar. (E), substituted “$11,000” for “$9,000”, in subpar. (F), substituted “$10,000” for “$8,000”, in subpar. (G), substituted “$9,000” for “$7,000”, in subpar. (H), substituted “$8,000” for “$6,000”, and in subpar. (I), substituted “$7,000” for “$5,000”.
Subsec. (a)(3). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”.
Subsec. (a)(4). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “of this subsection” after “paragraph (2) or (3)”.
Pub. L. 101–189, § 702(b), struck out subpar. (A) designation, substituted “is entitled to additional special pay of $15,000” for “who has less than ten years of creditable service is entitled to additional special pay of $9,000”, and struck out subpar. (B) which read as follows: “Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has ten or more years of creditable service is entitled to additional special pay of $10,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training.”
Subsec. (a)(5). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (2) or (3)”.
Pub. L. 101–189, § 702(c), in subpar. (A), substituted “$2,500” for “$2,000”, in subpar. (B), substituted “$3,500” for “$2,500”, in subpar. (C), substituted “$4,000” for “$3,000”, in subpar. (D), substituted “$5,000” for “$4,000”, and in subpar. (E), substituted “$6,000” for “$5,000”.
Subsec. (b). Pub. L. 101–189, § 702(f)(2), inserted heading.
Subsec. (b)(1). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “subsection (a)(2)” and struck out “of this subsection” after “paragraph (2)”.
Pub. L. 101–189, § 702(d), substituted “$16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992” for “$8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill”.
Subsec. (b)(2). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”.
Subsec. (c). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)(4)” and “subsection (b)” in par. (1) and after “or (b)(1)” in par. (2).
Pub. L. 101–189, § 702(f)(3), inserted heading.
Subsec. (d). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “and (b)(1)” in par. (1) and after “subsection (a)(5)” in par. (2).
Pub. L. 101–189, § 702(f)(4), inserted heading.
Subsec. (e). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)” and “or (b)(1)”.
Pub. L. 101–189, § 702(f)(5), inserted heading.
Subsec. (f). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (b)(1)”.
Pub. L. 101–189, § 702(f)(6), inserted heading.
Subsec. (g). Pub. L. 101–189, § 702(f)(7), inserted heading.
Subsec. (h). Pub. L. 101–189, § 702(e), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:
“(1) Any reserve officer 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—
“(A) who has served on active duty as a medical officer for not less than one year; and
“(B) who is on active duty under a call or order to active duty for a period of less than one year;
is entitled to special pay in accordance with this subsection.
“(2) An officer described in paragraph (1) of this subsection is entitled to special pay at the rate of—
“(A) $100 a month for each month of active duty, if he has not completed two years of active duty; or
“(B) $350 a month for each month of active duty, if he has completed at least two years of active duty.”
Subsec. (i). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (f)”.
Pub. L. 101–189, § 702(f)(8), inserted heading.
1987
Subsec. (b)(1). Pub. L. 100–180, § 716(a)(1), (2), struck out “in an amount not to exceed $8,000” after “incentive special pay” and inserted at end “No payment to an officer under this subsection may exceed $8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill.”
Subsec. (b)(3). Pub. L. 100–180, § 716(a)(3), struck out par. (3) which read as follows: “The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed an amount equal to 6 percent of the total amount paid in such year for special pay under subsection (a) of this section and paragraph (1) of this subsection.”
1986
Subsec. (h)(1)(B). Pub. L. 99–661, § 1342(d), amended subpar. (B) generally, substituting “period of less than one year” for “period of not less than one year”.
Subsec. (i). Pub. L. 99–661, § 1343(b)(1), substituted “subsection (c)(2) or (f) of this section” for “paragraph (1) of this subsection”.
1985
Subsec. (h)(1)(B). Pub. L. 99–145, § 640(1), substituted “who is” for “is not”.
Subsec. (i). Pub. L. 99–145, § 640(2), added subsec. (i).
1980
Pub. L. 96–284, in revising text, added subsecs. (a) to (g) provisions covering special pay for medical officers of the armed forces, and struck out former provision for special pay of physicians in the Army, Navy, Air Force, and Public Health Service, amounting to $100 or $350 a month for each month of active duty in cases of active duty in named category of less than two years or two years or more of duty, now covered as to Public Health Service in section 302c of this title, and struck out prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay.
Subsec. (h). Pub. L. 96–513 added subsec. (h).
1974
Pub. L. 93–274 reduced for uniformed services physicians the present four steps of special pay, which require the completion of ten years of active duty before attaining eligibility for the $350 per month maximum down to two steps, with the maximum being reached upon completion of two years of active duty, and repealed provisions relating to special pay for dentists. See section 302b of this title.
1973
Subsec. (a). Pub. L. 93–64 substituted “” for “” wherever appearing.
1971
Subsec. (a). Pub. L. 92–129 substituted “” for “” wherever appearing.
1967
Subsec. (a). Pub. L. 90–40 substituted “” for “” wherever appearing.
1966
Subsec. (b). Pub. L. 89–718 substituted “or” for “and” at end of par. (3).
1963
Subsec. (a). Pub. L. 88–2 substituted “” for “” wherever appearing.
Subsec. (b)(3), (4). Pub. L. 88–132 increased monthly special pay of officers completing at least six years of active duty from $200 to $250 in par. (3), and officers completing at least 10 years of active duty from $250 to $350 in par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–181 applicable with respect to agreements entered into under section 301d(a) or 302b(c) of this title on or after , see section 615(c) of Pub. L. 110–181, set out as a note under section 301d of this title.
Effective Date of 1989 Amendment
Pub. L. 101–189, div. A, title VII, § 702(g), , 103 Stat. 1469, provided that:
“(1) The amendments made by subsections (a) and (c) [amending this section] shall take effect on .
“(2) The amendments made by subsections (b) and (d) [amending this section] shall apply to an agreement entered into under section 302(c)(1) of title 37, United States Code, on or after the date of the enactment of this Act [].
“(3) The amendment made by subsection (e) [amending this section] shall take effect on , and shall apply to pay periods beginning on or after such date.”
Effective Date of 1986 Amendment
Amendment by section 1342(d) of Pub. L. 99–661 effective , see section 1342(h)(1) of Pub. L. 99–661, set out as a note under section 301 of this title.
Effective Date of 1980 Amendments
Amendment by Pub. L. 96–513 effective , see section 701(b)(2) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 96–284, § 8, , 94 Stat. 594, provided that: “The amendments made by sections 2 and 3 [enacting section 302c of this title and amending this section and section 313 of this title] shall apply to special pay payable for periods beginning after the last day of the month in which this Act is enacted [June 1980].”
Effective Date of 1974 Amendment
Pub. L. 93–274, § 2, , 88 Stat. 96, as amended by Pub. L. 94–273, § 2(18), , 90 Stat. 375; Pub. L. 94–361, title III, § 305, , 90 Stat. 926; Pub. L. 95–114, § 1, , 91 Stat. 1046; Pub. L. 95–485, title VIII, § 801(a), , 92 Stat. 1619, which provided that the amendments made by this Act, enacting sections 302b and 313 of this title and amending this section and section 311 of this title, become effective on , with the authority for the special pay provided by the amendments made by the first section of this Act, enacting sections 302b and 313 of this title and amending this section and section 311 of this title, to expire on , was repealed by Pub. L. 96–284, § 4(e), , 94 Stat. 592.
Effective Date of 1973 Amendment
Amendment by Pub. L. 93–64 effective , see section 206 of Pub. L. 93–64, set out as a note under section 401 of this title.
Effective Date of 1963 Amendment
Amendment by Pub. L. 88–132 effective , see section 14 of Pub. L. 88–132, set out as a note under section 201 of this title.
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.
Prohibition on Use of Appropriations To Pay Bonuses to Certain Regular or Reserve Medical Officers of Public Health Service
Pub. L. 102–394, title II, § 207, , 106 Stat. 1811, provided that: “None of the funds made available by this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts shall be used to provide special retention pay (bonuses) under paragraph (4) of 37 U.S.C. 302(a) to any regular or reserve medical officer of the Public Health Service for any period during which the officer is assigned to the clinical, research, or staff associate program administered by the National Institutes of Health or the Substance Abuse and Mental Health Services Administration.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–170, title II, § 207, , 105 Stat. 1127.
Pub. L. 101–517, title II, § 207, , 104 Stat. 2209.
Pub. L. 101–166, title II, § 208, , 103 Stat. 1177.
Pub. L. 100–202, § 101(h) [title II, § 208], , 101 Stat. 1329–256, 1329–274.
Medical Officer Retention Bonus
Pub. L. 101–189, div. A, title VII, § 703(e)–(g), , 103 Stat. 1470, 1471, as amended by Pub. L. 102–25, title VII, § 705(b), , 105 Stat. 120, provided that, in the case of an agreement that was executed by a medical officer under section 612 of Pub. L. 100–456, formerly set out below, before , but that was not accepted by the Secretary concerned solely because of the limitation contained in section 612(h), the Secretary concerned could accept such agreement during the 90-day period beginning on .
Pub. L. 100–456, div. A, title VI, § 612, , 102 Stat. 1979, as amended by Pub. L. 101–189, div. A, title VII, § 703(a)–(d), , 103 Stat. 1469, 1470, provided that a covered medical officer who, during the period beginning on , and ending on , executed a written agreement to remain on active duty for at least two years after completion of any other active-duty service commitment could, upon acceptance of the written agreement by the Secretary concerned, be paid a retention bonus as provided in this section.
Special Pay for Critically Short Wartime Health Specialists in Selected Reserve
Pub. L. 100–456, div. A, title VI, § 613, , 102 Stat. 1981, as amended by Pub. L. 101–510, div. A, title VI, § 616, , 104 Stat. 1578; Pub. L. 103–160, div. A, title VI, § 613(g), , 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, § 613(f), , 108 Stat. 2783; Pub. L. 104–106, div. A, title XV, § 1502(c)(5), , 110 Stat. 508, which established a pilot test program of special pay for officers of reserve components of the Armed Forces in critically short wartime health care professions who agreed to serve in the Selected Reserve, was repealed and reenacted as section 302g of this title by Pub. L. 104–106, div. A, title VI, § 614(a)(1), (c)(1), , 110 Stat. 360, 361.
[Pub. L. 104–106, div. A, title VI, § 614(c)(2), , 110 Stat. 361, provided that: “The provisions of section 613 of the National Defense Authorization Act, Fiscal Year 1989 [Pub. L. 100–456, formerly set out as a note above], as in effect on the day before the date of the enactment of this Act [], shall continue to apply to agreements entered into under such section before such date.”
]
Preservation of Entitlement for Reserve Medical Officers
Pub. L. 96–513, title VI, § 641, , 94 Stat. 2954, as amended by Pub. L. 97–22, § 8(o), , 97 Stat. 136, provided that:
“Any person—
“(1) who before , served on active duty for not less than one year as a reserve officer of the Medical Corps or Dental Corps of the Army or the Medical Corps or Dental Corps of the Navy, as a reserve officer of the Air Force designated as a medical officer or dental officer, or as a reserve medical officer or dental officer of the Public Health Service; and
“(2) who after having so served on active duty for not less than one year received special pay under section 302 or 302b of title 37, United States Code, as in effect during the period beginning on , and ending on , for service performed during such period,
shall be considered to have been entitled to such pay as if that part of such section, as in effect during such period, which read ‘who is on active duty for a period of at least one year’ read ‘who has served on active duty for not less than one year’.”
Transition Provisions
Pub. L. 96–284, § 7, , 94 Stat. 593, provided that: “Notwithstanding any provision of the amendments made by this Act; [see Short Title of 1980 Amendment note set out under section 101 of this title], and in accordance with regulations to be prescribed by the Secretary of Defense, any officer of the Army, Navy, or Air Force who at any time before the effective date of the amendments made by this Act [see Effective Date of 1980 Amendment note set out above] was entitled to special pay under section 302 of title 37, United States Code, and any officer who after such effective date would have become entitled to special pay under such section (as in effect on the day before such effective date) had such section continued in effect, shall be paid basic pay and special pay under section 302 of such title (as in effect on and after the effective date of the amendments made by this Act) in a total amount not less than the total amount of the basic pay (as in effect on the day before such date) and special pay applicable (or which would have been applicable) to such officer under sections 302, 311, and 313 of such title (as in effect on the day before such date and computed on the rates of basic pay as in effect on the day before such date).”
Credits
1962–2008 · 19 acts
- 1962Pub. L. 87–649, , 76 Stat. 464
- 1963Pub. L. 88–2, § 5, , 77 Stat. 4
- 1963Pub. L. 88–132, § 4, , 77 Stat. 212
- 1966Pub. L. 89–718, § 53, , 80 Stat. 1122
- 1967Pub. L. 90–40, § 5, , 81 Stat. 105
- 1971Pub. L. 92–129, title I, § 104, , 85 Stat. 355
- 1973Pub. L. 93–64, title II, § 201, , 87 Stat. 149
- 1974Pub. L. 93–274, § 1(1), , 88 Stat. 94
- 1980Pub. L. 96–284, § 2(a), , 94 Stat. 587
- 1980Pub. L. 96–513, title IV, § 415, , 94 Stat. 2906
- 1985Pub. L. 99–145, title VI, § 640, , 99 Stat. 652
- 1986Pub. L. 99–661, div. A, title XIII, §§ 1342(d), 1343(b)(1), , 100 Stat. 3991, 3995
- 1987Pub. L. 100–180, div. A, title VII, § 716(a), , 101 Stat. 1113
- 1989Pub. L. 101–189, div. A, title VII, § 702(a)–(f), , 103 Stat. 1468, 1469
- 1990Pub. L. 101–510, div. A, title VI, § 612, , 104 Stat. 1577
- 2000Pub. L. 106–398, § 1 [[div. A], title VI, § 625(a)], , 114 Stat. 1654, 1654A–153
- 2002Pub. L. 107–314, div. A, title VI, § 615(c), , 116 Stat. 2568
- 2006Pub. L. 109–163, div. A, title VI, § 687(b)(4), , 119 Stat. 3328
- 2008Pub. L. 110–181, div. A, title VI, § 615(a), , 122 Stat. 150.
Show as published
(Pub. L. 87–649, , 76 Stat. 464; Pub. L. 88–2, § 5, , 77 Stat. 4; Pub. L. 88–132, § 4, , 77 Stat. 212; Pub. L. 89–718, § 53, , 80 Stat. 1122; Pub. L. 90–40, § 5, , 81 Stat. 105; Pub. L. 92–129, title I, § 104, , 85 Stat. 355; Pub. L. 93–64, title II, § 201, , 87 Stat. 149; Pub. L. 93–274, § 1(1), , 88 Stat. 94; Pub. L. 96–284, § 2(a), , 94 Stat. 587; Pub. L. 96–513, title IV, § 415, , 94 Stat. 2906; Pub. L. 99–145, title VI, § 640, , 99 Stat. 652; Pub. L. 99–661, div. A, title XIII, §§ 1342(d), 1343(b)(1), , 100 Stat. 3991, 3995; Pub. L. 100–180, div. A, title VII, § 716(a), , 101 Stat. 1113; Pub. L. 101–189, div. A, title VII, § 702(a)–(f), , 103 Stat. 1468, 1469; Pub. L. 101–510, div. A, title VI, § 612, , 104 Stat. 1577; Pub. L. 106–398, § 1 [[div. A], title VI, § 625(a)], , 114 Stat. 1654, 1654A–153; Pub. L. 107–314, div. A, title VI, § 615(c), , 116 Stat. 2568; Pub. L. 109–163, div. A, title VI, § 687(b)(4), , 119 Stat. 3328; Pub. L. 110–181, div. A, title VI, § 615(a), , 122 Stat. 150.)