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 327 - Incentive bonus: transfer between armed forces
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. 327 - Incentive bonus: transfer between armed forces |
Contains | section 327 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added and amended Pub. L. 109-163, div. A, title VI, §§641(a), 687(b)(35), Jan. 6, 2006, 119 Stat. 3304, 3333; Pub. L. 109-364, div. A, title VI, §§614(h), 620(a), Oct. 17, 2006, 120 Stat. 2249, 2252; Pub. L. 111-84, div. A, title VI, §615(7), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111-383, div. A, title VI, §615(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112-81, div. A, title VI, §615(7), Dec. 31, 2011, 125 Stat. 1451; Pub. L. 112-239, div. A, title VI, §615(7), Jan. 2, 2013, 126 Stat. 1777. |
Statutes at Large References | 119 Stat. 3304 120 Stat. 2249, 2252 123 Stat. 2354 124 Stat. 4237 125 Stat. 1451 126 Stat. 1777 |
Public Law References | Public Law 109-163, Public Law 109-364, Public Law 111-84, Public Law 111-383, Public Law 112-81, Public Law 112-239 |
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(a)
(1) to transfer from such regular component or reserve component to a regular component or reserve component of another armed force; and
(2) to serve pursuant to such agreement for a period of not less than three years in the component to which transferred.
(b)
(1) has not failed to satisfactorily complete any term of enlistment in the armed forces;
(2) is eligible for reenlistment in the armed forces or, in the case of an officer, is eligible to continue in service in a regular or reserve component of the armed forces; and
(3) has fulfilled such requirements for transfer to the component of the armed force to which the member will transfer as the Secretary having jurisdiction over such armed force shall establish.
(c)
(d)
(2) A bonus under this section shall be paid by the Secretary having jurisdiction of the armed force to which the member to be paid the bonus is transferring.
(3) A bonus under this section shall, at the election of the Secretary paying the bonus—
(A) be disbursed to the member in one lump sum when the transfer for which the bonus is paid is approved by the chief personnel officer of the armed force to which the member is transferring; or
(B) be paid to the member in annual installments in such amounts as may be determined by the Secretary paying the bonus.
(e)
(f)
(g)
(h)
(Added and amended Pub. L. 109–163, div. A, title VI, §§641(a), 687(b)(35), Jan. 6, 2006, 119 Stat. 3304, 3333; Pub. L. 109–364, div. A, title VI, §§614(h), 620(a), Oct. 17, 2006, 120 Stat. 2249, 2252; Pub. L. 111–84, div. A, title VI, §615(7), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, §615(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, §615(7), Dec. 31, 2011, 125 Stat. 1451; Pub. L. 112–239, div. A, title VI, §615(7), Jan. 2, 2013, 126 Stat. 1777.)
Amendments2013—Subsec. (h). Pub. L. 112–239 substituted “December 31, 2013” for “December 31, 2012”.
2011—Subsec. (h). 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. (h). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.
2006—Subsec. (d)(1). Pub. L. 109–364, §620(a), substituted “$10,000” for “$2,500”.
Subsec. (f). Pub. L. 109–163, §687(b)(35), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows:
“(1) A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid such member as the period which such member failed to serve bears to the total period for which the bonus was paid.
“(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 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 paragraph (1).”
Subsec. (h). Pub. L. 109–364, §614(h), substituted “2009” for “2006”.
Effective Date of 2006 AmendmentPub. L. 109–364, div. A, title VI, §620(b), Oct. 17, 2006, 120 Stat. 2252, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 327 of title 37, United States Code, on or after that date.”
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.
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