37 U.S.C. § 320 : US Code - Section 320: Incentive pay: career enlisted flyers

Search 37 U.S.C. § 320 : US Code - Section 320: Incentive pay: career enlisted flyers

(a) Eligible Career Enlisted Flyer Defined. - In this section,
the term "eligible career enlisted flyer" means an enlisted member
of the armed forces who -
(1) is entitled to basic pay under section 204 of this title,
or is entitled to pay under section 206 of this title as
described in subsection (e) of this section;
(2) holds an enlisted military occupational specialty or
enlisted military rating designated as a career enlisted flyer
specialty or rating by the Secretary concerned, performs duty as
a dropsonde system operator, or is in training leading to
qualification and designation of such a specialty or rating or
the performance of such duty;
(3) is qualified for aviation service under regulations
prescribed by the Secretary concerned; and
(4) satisfies the operational flying duty requirements
applicable under subsection (c).
(b) Incentive Pay Authorized. - (1) The Secretary concerned may
pay monthly incentive pay to an eligible career enlisted flyer in
an amount not to exceed the monthly maximum amounts specified in
subsection (d). The incentive pay may be paid as continuous monthly
incentive pay or on a month-to-month basis, dependent upon the
operational flying duty performed by the eligible career enlisted
flyer as prescribed in subsection (c).
(2) Continuous monthly incentive pay may not be paid to an
eligible career enlisted flyer after the member completes 25 years
of aviation service. Thereafter, an eligible career enlisted flyer
may still receive incentive pay on a month-to-month basis under
subsection (c)(4) for the frequent and regular performance of
operational flying duty.
(c) Operational Flying Duty Requirements. - (1) An eligible
career enlisted flyer must perform operational flying duties for 6
of the first 10, 9 of the first 15, and 14 of the first 20 years of
aviation service, to be eligible for continuous monthly incentive
pay under this section.
(2) Upon completion of 10, 15, or 20 years of aviation service,
an enlisted member who has not performed the minimum required
operational flying duties specified in paragraph (1) during the
prescribed period, although otherwise meeting the definition in
subsection (a), may no longer be paid continuous monthly incentive
pay except as provided in paragraph (3). Payment of continuous
monthly incentive pay may be resumed if the member meets the
minimum operational flying duty requirement upon completion of the
next established period of aviation service.
(3) For the needs of the service, the Secretary concerned may
permit, on a case-by-case basis, a member to continue to receive
continuous monthly incentive pay despite the member's failure to
perform the operational flying duty required during the first 10,
15, or 20 years of aviation service, but only if the member
otherwise meets the definition in subsection (a) and has performed
at least 5 years of operational flying duties during the first 10
years of aviation service, 8 years of operational flying duties
during the first 15 years of aviation service, or 12 years of
operational flying duty during the first 20 years of aviation
service. The authority of the Secretary concerned under this
paragraph may not be delegated below the level of the Service
Personnel Chief.
(4) If the eligibility of an eligible career enlisted flyer to
continuous monthly incentive pay ceases under subsection (b)(2) or
paragraph (2), the member may still receive month-to-month
incentive pay for subsequent frequent and regular performance of
operational flying duty. The rate payable is the same rate
authorized by the Secretary concerned under subsection (d) for a
member of corresponding years of aviation service.
(d) Monthly Maximum Rates. - The monthly rate of any career
enlisted flyer incentive pay paid under this section to a member on
active duty shall be prescribed by the Secretary concerned, but may
not exceed the following:
Years of aviation service nthly rate
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4 or less $150
Over 4 $225
Over 8 $350
Over 14 $400.
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(e) Eligibility of Reserve Component Members When Performing
Inactive Duty Training. - Under regulations prescribed by the
Secretary concerned, when a member of a reserve component or the
National Guard, who is entitled to compensation under section 206
of this title, meets the definition of eligible career enlisted
flyer, the Secretary concerned may increase the member's
compensation by an amount equal to 1/30 of the monthly incentive
pay authorized by the Secretary concerned under subsection (d) for
a member of corresponding years of aviation service who is entitled
to basic pay under section 204 of this title. The reserve component
member may receive the increase for as long as the member is
qualified for it, for each regular period of instruction or period
of appropriate duty, at which the member is engaged for at least
two hours, 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.
(f) Relation to Hazardous Duty Incentive Pay or Diving Duty
Special Pay. - A member receiving incentive pay under section
301(a) of this title or special pay under section 304 of this title
may not be paid special pay under this section for the same period
of service.
(g) Save Pay Provision. - If, immediately before a member
receives incentive pay under this section, the member was entitled
to incentive pay under section 301(a) of this title, the rate at
which the member is paid incentive pay under this section shall be
equal to the higher of the monthly amount applicable under
subsection (d) or the rate of incentive pay the member was
receiving under subsection (b) or (c)(2)(A) of section 301 of this
title.
(h) Specialty Code of Dropsonde System Operators. - Within the
Air Force, the Secretary of the Air Force shall assign to members
who are dropsonde system operators a specialty code that identifies
such members as serving in a weather specialty.
(i) Definitions. - In this section:
(1) The term "aviation service" means participation in aerial
flight performed, under regulations prescribed by the Secretary
concerned, by an eligible career enlisted flyer.
(2) The term "operational flying duty" means flying performed
under competent orders while serving in assignments, including an
assignment as a dropsonde system operator, in which basic flying
skills normally are maintained in the performance of assigned
duties as determined by the Secretary concerned, and flying duty
performed by members in training that leads to the award of an
enlisted aviation rating or military occupational specialty
designated as a career enlisted flyer rating or specialty by the
Secretary concerned.