37 U.S.C. § 318 : US Code - Section 318: Special pay: special warfare officers extending period of active duty

Search 37 U.S.C. § 318 : US Code - Section 318: Special pay: special warfare officers extending period of active duty

(a) Special Warfare Officer Defined. - In this section, the term
"special warfare officer" means an officer of a uniformed service
who -
(1) is qualified for a military occupational specialty or
designator identified by the Secretary concerned as a special
warfare military occupational specialty or designator; and
(2) is serving in a position for which that specialty or
designator is authorized.
(b) Retention Bonus Authorized. - A special warfare officer who
meets the eligibility requirements specified in subsection (c) and
who executes a written agreement to remain on active duty in
special warfare service for at least one year may, upon the
acceptance of the agreement by the Secretary concerned, be paid a
retention bonus as provided in this section.
(c) Eligibility Requirements. - A special warfare officer may
apply to enter into an agreement referred to in subsection (b) if
the officer -
(1) is in pay grade O-3, or is in pay grade O-4 and is not on a
list of officers recommended for promotion, at the time the
officer applies to enter into the agreement;
(2) has completed at least 6, but not more than 14, years of
active commissioned service; and
(3) has completed any service commitment incurred to be
commissioned as an officer.
(d) Amount of Bonus. - The amount of a retention bonus paid under
this section may not be more than $15,000 for each year covered by
the agreement.
(e) Proration. - The term of an agreement under subsection (b)
and the amount of the retention bonus payable under subsection (d)
may be prorated as long as the agreement does not extend beyond the
date on which the officer executing the agreement would complete 14
years of active commissioned service.
(f) Payment Methods. - (1) Upon acceptance of an agreement under
subsection (b) by the Secretary concerned, the total amount payable
pursuant to the agreement becomes fixed.
(2) The amount of the retention bonus may be paid as follows:
(A) At the time the agreement is accepted by the Secretary
concerned, the Secretary may make a lump sum payment equal to
half the total amount payable under the agreement. The balance of
the bonus amount shall be paid in equal annual installments on
the anniversary of the acceptance of the agreement.
(B) The Secretary concerned may make graduated annual payments
under regulations prescribed by the Secretary, with the first
payment being payable at the time the agreement is accepted by
the Secretary and subsequent payments being payable on the
anniversary of the acceptance of the agreement.
(g) Additional Pay. - A retention bonus paid under this section
is in addition to any other pay and allowances to which an officer
is entitled.
(h) Repayment. - An officer who, having entered into a written
agreement under subsection (b) and having received all or part of a
bonus under this section, does not complete the period of active
duty in special warfare service as specified in the agreement shall
be subject to the repayment provisions of section 303a(e) of this
title.
(i) Regulations. - The Secretaries concerned shall prescribe
regulations to carry out this section, including the definition of
the term "special warfare service" for purposes of this section.
Regulations prescribed by the Secretary of a military department
under this section shall be subject to the approval of the
Secretary of Defense.