37 U.S.C. § 308j : US Code - Section 308J: Special pay: affiliation bonus for officers in the Selected Reserve

Search 37 U.S.C. § 308j : US Code - Section 308J: Special pay: affiliation bonus for officers in the Selected Reserve

(a) Affiliation Bonus. - (1) The Secretary concerned may pay an
affiliation bonus under this section to an eligible officer in any
of the armed forces who enters into an agreement with the Secretary
to serve, for the period specified in the agreement, in the
Selected Reserve of the Ready Reserve of an armed force under the
Secretary's jurisdiction -
(A) in a critical officer skill designated under paragraph (3);
or
(B) to meet a manpower shortage in -
(i) a unit of that Selected Reserve; or
(ii) a particular pay grade in that armed force.
(2) An officer is eligible for an affiliation bonus under this
section if the officer -
(A) either -
(i) is serving on active duty for a period of more than 30
days; or
(ii) is a member of a reserve component not on active duty
and, if the member formerly served on active duty, was released
from active duty under honorable conditions; and
(B) is not entitled to receive retired or retainer pay.
(3)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the critical officer skills to
which the bonus authority under this subsection is to be applied.
(B) A skill may be designated as a critical officer skill for an
armed force under subparagraph (A) if, to meet requirements of that
armed force, it is critical for that armed force to have a
sufficient number of officers who are qualified in that skill.
(4) An affiliation bonus payable pursuant to an agreement under
this section to an eligible officer accrues on the date on which
the person is assigned to a unit or position in the Selected
Reserve pursuant to such agreement.
(b) Accession Bonus. - (1) The Secretary concerned may pay an
accession bonus under this section to an eligible person who enters
into an agreement with the Secretary -
(A) to accept an appointment as an officer in the armed forces;
and
(B) to serve in the Selected Reserve of the Ready Reserve in a
skill designated under paragraph (2) for a period specified in
the agreement.
(2)(A) The Secretary concerned shall designate for an armed force
under the Secretary's jurisdiction the officer skills to which the
authority under this subsection is to be applied.
(B) A skill may be designated for an armed force under
subparagraph (A) if, to mitigate a current or projected significant
shortage of personnel in that armed force who are qualified in that
skill, it is critical to increase the number of persons accessed
into that armed force who are qualified in that skill or are to be
trained in that skill.
(3) An accession bonus payable to a person pursuant to an
agreement under this section accrues on the date on which that
agreement is accepted by the Secretary concerned.
(c) Period of Obligated Service. - An agreement entered into with
the Secretary concerned under this section shall require the person
entering into that agreement to serve in the Selected Reserve for a
specified period. The period specified in the agreement shall be
any period not less than three years that the Secretary concerned
determines appropriate to meet the needs of the reserve component
in which the service is to be performed.
(d) Amount. - The amount of a bonus under this section may be any
amount not in excess of $10,000 that the Secretary concerned
determines appropriate.
(e) Payment. - (1) Upon acceptance of a written agreement by the
Secretary concerned under this section, the total amount of the
bonus payable under the agreement becomes fixed. The agreement
shall specify whether the bonus is to be paid in one lump sum or in
installments.
(2) A person entitled to a bonus under this section who is called
or ordered to active duty shall be paid, during that period of
active duty, any amount of the bonus that becomes payable to the
member during that period of active duty.
(f) Relation to Other Accession Bonus Authority. - A person may
not receive an affiliation bonus or accession bonus under this
section and financial assistance under chapter 1608, 1609, or 1611
of title 10, or under section 302g of this title, for the same
period of service.
(g) Repayment for Failure To Commence or Complete Obligated
Service. - (1) A person who, after receiving all or part of the
bonus under an agreement entered into by that person under this
section, does not accept a commission or an appointment as an
officer or does not commence to participate or does not
satisfactorily participate in the Selected Reserve for the total
period of service specified in the agreement shall repay to the
United States such compensation or benefit, except under conditions
prescribed by the Secretary concerned.
(2) The Secretary concerned shall include in each agreement
entered into by the Secretary under this section the requirements
that apply for any repayment under this subsection, including the
method for computing the amount of the repayment and any
exceptions.
(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement entered into under
this section does not discharge a person from a debt arising under
an agreement entered into under this subsection or a debt arising
under paragraph (1).