2002 U.S. Code
Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5 - SPECIAL AND INCENTIVE PAYS
Sec. 319 - Special pay: surface warfare officer continuation pay

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§319. Special pay: surface warfare officer continuation pay

(a) Eligible Surface Warfare Officer Defined.—In this section, the term “eligible surface warfare officer” means an officer of the Regular Navy or Naval Reserve on active duty who—

(1) is qualified and serving as a surface warfare officer;

(2) has been selected for assignment as a department head on a surface vessel; and

(3) has completed any service commitment incurred through the officer's original commissioning program or is within one year of completing such commitment.

(b) Special Pay Authorized.—An eligible surface warfare officer who executes a written agreement to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a surface vessel may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed ,000.

(c) Proration.—The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated.

(d) Payment Methods.—Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.

(e) Additional Pay.—Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.

(f) Repayment.—(1) If an officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement fails to complete the total period of active duty as a department head on a surface vessel specified in the agreement, the Secretary of the Navy may require the officer to repay the United States, to the extent that the Secretary of the Navy determines conditions and circumstances warrant, any or all sums paid under this section.

(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 five years after the termination of an agreement entered into under subsection (b) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1).

(g) Regulations.—The Secretary of the Navy shall prescribe regulations to carry out this section.

(Added Pub. L. 106–65, div. A, title VI, §627(a)(1), Oct. 5, 1999, 113 Stat. 656; amended Pub. L. 107–107, div. A, title VI, §616(b), Dec. 28, 2001, 115 Stat. 1137.)

Amendments

2001—Subsec. (a)(3). Pub. L. 107–107 inserted “or is within one year of completing such commitment” before period at end.

Effective Date

Pub. L. 106–65, div. A, title VI, §627(b), Oct. 5, 1999, 113 Stat. 657, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.”