2012 US Code
Title 37 - Pay and Allowances of the Uniformed Services
Chapter 5 - SPECIAL AND INCENTIVE PAYS (§§ 301 - 374)
Subchapter I - EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES (§§ 301 - 330)
Section 307a - Special pay: assignment incentive pay
Publication Title | United States Code, 2012 Edition, Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES CHAPTER 5 - SPECIAL AND INCENTIVE PAYS SUBCHAPTER I - EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES Sec. 307a - Special pay: assignment incentive pay |
Contains | section 307a |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 107-314, div. A, title VI, §616(a)(1), Dec. 2, 2002, 116 Stat. 2569; amended Pub. L. 108-375, div. A, title VI, §§614(b), 617(a), (b), Oct. 28, 2004, 118 Stat. 1947, 1948; Pub. L. 109-163, div. A, title VI, §§624(b), 628, 687(b)(13), Jan. 6, 2006, 119 Stat. 3295, 3296, 3329; Pub. L. 109-364, div. A, title VI, §614(b), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110-417, [div. A], title VI, §614(b), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111-84, div. A, title VI, §615(2), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111-383, div. A, title VI, §615(2), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112-81, div. A, title VI, §615(2), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112-239, div. A, title VI, §615(2), Jan. 2, 2013, 126 Stat. 1777. |
Statutes at Large References | 116 Stat. 2569, 2570 118 Stat. 1947, 1949 119 Stat. 3295 120 Stat. 2248 122 Stat. 4485, 153 123 Stat. 2354 124 Stat. 4237, 4375 125 Stat. 1450 126 Stat. 1777 |
Public Law References | Public Law 107-314, Public Law 108-375, Public Law 109-163, Public Law 109-364, Public Law 110-181, Public Law 110-417, Public Law 111-84, Public Law 111-383, Public Law 112-81, Public Law 112-239 |
Download PDF
(a)
(b)
(2) The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay.
(c)
(2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of—
(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and
(B) the number of months in the period for which incentive pay will be paid pursuant to the agreement.
(3) The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to—
(A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by
(B) the number of installments over such period.
(4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section.
(d)
(e)
(f)
(1) temporary duty performed by the member pursuant to orders; or
(2) absence of the member for authorized leave, other than leave authorized for a period ending upon the discharge of the member or the release of the member from active duty.
(g)
(Added Pub. L. 107–314, div. A, title VI, §616(a)(1), Dec. 2, 2002, 116 Stat. 2569; amended Pub. L. 108–375, div. A, title VI, §§614(b), 617(a), (b), Oct. 28, 2004, 118 Stat. 1947, 1948; Pub. L. 109–163, div. A, title VI, §§624(b), 628, 687(b)(13), Jan. 6, 2006, 119 Stat. 3295, 3296, 3329; Pub. L. 109–364, div. A, title VI, §614(b), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–417, [div. A], title VI, §614(b), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, §615(2), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, §615(2), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §615(2), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, §615(2), Jan. 2, 2013, 126 Stat. 1777.)
Amendments2013—Subsec. (g). Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.
2011—Subsec. (g). Pub. L. 112–81 substituted “December 31, 2012” for “December 31, 2011”.
Pub. L. 111–383 substituted “December 31, 2011” for “December 31, 2010”.
2009—Subsec. (g). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.
2008—Subsec. (g). Pub. L. 110–417 substituted “December 31, 2009” for “December 31, 2008”.
2006—Subsec. (a). Pub. L. 109–163, §628(a)(1), struck out “monthly” before “incentive pay” and inserted at end “Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.”
Subsec. (b). Pub. L. 109–163, §628(a)(2), designated existing provisions as par. (1), substituted “the payment of incentive pay on a monthly basis” for “incentive pay” in first sentence, and added par. (2).
Subsec. (c). Pub. L. 109–163, §628(b), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “The maximum monthly rate of incentive pay payable to a member under this section is $1,500.”
Subsec. (d). Pub. L. 109–163, §687(b)(13), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
“(1) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum or installment payment of incentive pay under this section and who fails to complete the total period of service or other conditions specified in the agreement voluntarily or because of misconduct, shall refund to the United States an amount equal to the percentage of incentive pay paid which is equal to the unexpired portion of the service divided by the total period of service. The Secretary concerned may waive repayment of an amount of incentive pay under this section, in whole or in part, if the Secretary determines that conditions and circumstances warrant.
“(2) An obligation to repay 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 that is entered less than 5 years after the termination of the agreement does not discharge the member signing the agreement from a debt arising under paragraph (1).”
Pub. L. 109–163, §628(c), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 109–163, §628(c)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 109–163, §628(c)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 109–163, §624(b), substituted “December 31, 2007” for “December 31, 2006”.
Subsec. (g). Pub. L. 109–364 substituted “December 31, 2008” for “December 31, 2007”.
Pub. L. 109–163, §628(c)(1), redesignated subsec. (f) as (g).
2004—Subsec. (b). Pub. L. 108–375, §617(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The period for which incentive pay will be provided under this section and the monthly rate of the incentive pay for a member shall be specified in a written agreement between the Secretary concerned and the member. Agreements entered into by the Secretary of a military department shall require the concurrence of the Secretary of Defense.”
Subsec. (e). Pub. L. 108–375, §617(b), substituted “by reason of—” and pars. (1) and (2) for “by reason of temporary duty performed by the member pursuant to orders or absence of the member for authorized leave.”
Subsec. (f). Pub. L. 108–375, §614(b), substituted “December 31, 2006” for “December 31, 2005”.
Effective Date of 2004 AmendmentPub. L. 108–375, div. A, title VI, §617(c), Oct. 28, 2004, 118 Stat. 1949, provided that: “Paragraph (2) of section 307a(e) of title 37, United States Code, as added by subsection (b), shall apply with respect to authorized leave occurring on or after the date of the enactment of this Act [Oct. 28, 2004].”
Savings ProvisionFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, 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.
Payment of Assignment Incentive Pay for Reserve Members Serving in Combat Zone for More Than 22 MonthsPub. L. 110–181, div. A, title VI, §624, Jan. 28, 2008, 122 Stat. 153, as amended by Pub. L. 111–383, div. A, title X, §1075(f)(1), Jan. 7, 2011, 124 Stat. 4375, provided that:
“(a)
“(b)
“(c)
“(d)
Pub. L. 107–314, div. A, title VI, §616(b), Dec. 2, 2002, 116 Stat. 2570, provided that: “Not later than February 28, 2004, and February 28, 2005, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the use of the authority provided under section 307a of title 37, United States Code, as added by subsection (a), including an assessment of the utility of that authority.”
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.