37 U.S.C. § 301a : US Code - Section 301A: Incentive pay: aviation career

Search 37 U.S.C. § 301a : US Code - Section 301A: Incentive pay: aviation career

(a)(1) Subject to regulations prescribed by the President, a
member of a uniformed service who is entitled to basic pay is also
entitled to aviation career incentive pay in the amount set forth
in subsection (b) for the frequent and regular performance of
operational or proficiency flying duty required by orders.
(2) Aviation career incentive pay shall be restricted to regular
and reserve officers who hold, or are in training leading to, an
aeronautical rating or designation and who engage and remain in
aviation service on a career basis.
(3) Under regulations prescribed by the Secretary of Defense, the
Secretary of Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, or the Secretary of
Commerce and the Secretary of Health and Human Services with
respect to members under their respective jurisdiction, an officer
(except a flight surgeon or other medical officer) who is entitled
to basic pay, holds an aeronautical rating or designation, and is
qualified for aviation service under regulations prescribed by the
Secretary concerned, is entitled to continuous monthly incentive
pay in the amount set forth in subsection (b) that is applicable to
him. A flight surgeon or other medical officer who is entitled to
basic pay, holds an aeronautical rating or designation, and is
qualified for aviation service under regulations prescribed by the
Secretary concerned, is not entitled to continuous monthly
incentive pay but is entitled to monthly incentive pay in the
amounts set forth in subsection (b) for the frequent and regular
performance of operational flying duty.
(4) To be entitled to continuous monthly incentive pay, an
officer must perform the prescribed operational flying duties
(including flight training but excluding proficiency flying) for 8
of the first 12, and 12 of the first 18 years of the aviation
service of the officer. However, if an officer performs the
prescribed operational flying duties (including flight training but
excluding proficiency flying) for at least 10 but less than 12 of
the first 18 years of the aviation service of the officer, the
officer will be entitled to continuous monthly incentive pay for
the first 22 years of aviation service of the officer. Entitlement
to continuous monthly incentive pay ceases for an officer (other
than a warrant officer) upon completion of 25 years of aviation
service, but such an officer in a pay grade below pay grade O-7
remains entitled to monthly incentive pay under subsection (b)(1)
for the performance of operational flying duty.
(5) If upon completion of either 12 or 18 years of aviation
service it is determined that an officer has failed to perform the
minimum prescribed operational flying duty requirements during the
prescribed periods of time, his entitlement to continuous monthly
incentive pay ceases. For the needs of the service, the Secretary
concerned may permit, on a case by case basis, an officer to
continue to receive continuous monthly incentive pay despite the
failure of the officer to perform the prescribed operational flying
duty requirements during the prescribed periods of time so long as
the officer has performed those requirements for not less than 6
years of aviation service. The Secretary concerned may not delegate
the authority in the preceding sentence to permit the payment of
incentive pay under this subsection. If at the completion of 12
years of aviation service entitlement to continuous monthly
incentive pay ceases, entitlement to that pay may again commence at
the completion of 18 years of aviation service upon completion of
the minimum operational flying duty requirements, such pay to
continue for a period of time as prescribed in accordance with this
section. However, if entitlement to continuous monthly incentive
pay ceases in the case of any officer at the completion of either
12 or 18 years of aviation service, such officer remains entitled
to monthly incentive pay for the performance of subsequent
operational or proficiency flying duties up to the maximum period
of time prescribed in accordance with this section.
(6) In this section:
(A) The term "aviation service" means service performed by an
officer (except a flight surgeon or other medical officer) while
holding an aeronautical rating or designation or while in
training to receive an aeronautical rating or designation.
(B) The term "operational flying duty" means flying performed
under competent orders by rated or designated members while
serving in assignments in which basic flying skills normally are
maintained in the performance of assigned duties as determined by
the Secretary concerned, and flying performed by members in
training that leads to the award of an aeronautical rating or
designation.
(C) The term "proficiency flying duty" means flying performed
under competent orders by rated or designated members while
serving in assignments in which such skills would normally not be
maintained in the performance of assigned duties.
(D) The term "officer" includes an individual enlisted, and
designated, as an aviation cadet under section 6911 of title 10.
(b)(1) A member who satisfies the requirements described in
subsection (a) is entitled to monthly incentive pay as follows:
Years of aviation service (including nthly rate
flight training) as an officer:
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2 or less $125
Over 2 $156
Over 3 $188
Over 4 $206
Over 6 $650
Over 14 $840
Over 22 $585
Over 23 $495
Over 24 $385
Over 25 $250
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(2) An officer in a pay grade above O-6 is entitled, until the
officer completes 25 years of aviation service, to be paid at the
rates set forth in the table in paragraph (1), except that -
(A) an officer in pay grade O-7 may not be paid at a rate
greater than $200 a month; and
(B) an officer in pay grade O-8 or above may not be paid at a
rate greater than $206 a month.
(3) For a warrant officer with over 22, 23, 24, or 25 years of
aviation service who is qualified under subsection (a), the rate
prescribed in the table in paragraph (1) for officers with over 14
years of aviation service shall continue to apply to the warrant
officer.
(4) An officer serving as an air battle manager who is entitled
to aviation career incentive pay under this section and who, before
becoming entitled to aviation career incentive pay, was entitled to
incentive pay under section 301(a)(13) of this title, shall be paid
the monthly incentive pay at the higher of the following rates:
(A) The rate otherwise applicable to the member under this
subsection.
(B) The rate at which the member was receiving incentive pay
under section 301(c)(2)(A) of this title immediately before the
member's entitlement to aviation career incentive pay under this
section.
(c) In time of war, the President may suspend the payment of
aviation career incentive pay.
(d) Under regulations prescribed by the President and to the
extent provided for by appropriations, when a member of a reserve
component of a uniformed service, or of the National Guard, who is
entitled to compensation under section 206 of this title, performs,
under orders, duty described in subsection (a) for members entitled
to basic pay, he is entitled to an increase in compensation equal
to 1/30 of the monthly incentive pay authorized by subsection (b)
for the performance of that duty by a member with corresponding
years of aviation service who is entitled to basic pay. Such member
is entitled to the increase for as long as he is qualified for it,
for each regular period of instruction, or period of appropriate
duty, at which he is engaged for at least two hours, including that
performed on a Sunday or holiday, or for the performance of such
other equivalent training, instruction, duty or appropriate duties,
as the Secretary may prescribe under section 206(a) of this title.
This subsection does not apply to a member who is entitled to basic
pay under section 204 of this title.
[(e) Repealed. Pub. L. 101-510, div. A, title XIII, Sec.
1322(c)(1), Nov. 5, 1990, 104 Stat. 1672.]
(f) The Secretary of Defense shall submit annually to Congress a
report specifying for the year covered by the report -
(1) the total number of officers who were determined under
subsection (a)(5) to have failed to perform the minimum
prescribed operational flying duty requirements;
(2) the number of those officers who continued to receive
continuous monthly incentive pay despite their failure to perform
the minimum prescribed operational flying duty requirements and
the extent to which they failed to perform those requirements;
and
(3) the reasons for the exercise of the authority under the
second sentence of subsection (a)(5) in the case of each officer
specified pursuant to paragraph (2).