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37 U.S.C. § 301 — Incentive pay: hazardous duty

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 1,495 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives extra "incentive pay" to service members who perform hazardous duty, such as flying, parachuting, handling explosives, or working with toxic chemicals or pesticides. The monthly amount depends on the type of hazardous duty and the member's pay grade, with a separate, more detailed schedule for air weapons controllers based on years of experience. Reserve and National Guard members get a prorated version of this pay, and the President can suspend the whole benefit during wartime.

(a) Subject to regulations the President prescribes, a member of a uniformed service entitled to basic pay is also entitled to incentive pay, in the amount set in subsection (b) or (c), for performing hazardous duty required by orders. "Hazardous duty" here means duty (1) involving frequent and regular participation in aerial flight as a crew member (as the Secretary concerned determines), except for a member already entitled to incentive pay under section 301a of this title; (2) involving frequent and regular participation in aerial flight, but not as a crew member under paragraph (1); (3) involving parachute jumping as an essential part of military duty; (4) involving demolition of explosives as a primary duty, including training for it; (5) inside a high- or low-pressure chamber; (6) as a human subject for acceleration or deceleration experiments; (7) as a human test subject in thermal stress experiments; (8) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or another ship that launches aircraft; (9) involving frequent and regular exposure to highly toxic pesticides, or laboratory work using live dangerous viruses or bacteria; (10) involving (A) servicing aircraft or missiles with highly toxic fuels or propellants, (B) testing aircraft or missile systems using those fuels or propellants, or (C) handling chemical munitions; (11) involving regular participation on a team conducting visit, board, search, and seizure operations to support maritime interdiction operations; (12) involving use of ski-equipped aircraft on the ground in Antarctica or on the Arctic ice-pack; or (13) involving frequent and regular participation in aerial flight by a member serving as an air weapons controller crew member (as the Secretary concerned defines) aboard a designated airborne warning and control system aircraft, who is not entitled to incentive pay under section 301a.

(b) For hazardous duty described in paragraph (1) of subsection (a) — regular flying as an aircrew member — a member is entitled to monthly incentive pay set by pay grade in a table in the statute. The amounts run from $150 to $250 a month: officers in grades O–1 through O–9 and O–10 receive between $150 and $250, warrant officers in grades W–1 through W–5 receive between $150 and $250, and enlisted members in grades E–1 through E–9 receive between $150 and $240, with the exact rate for each grade set out in the statute's table.

(c)(1) For hazardous duty described in paragraphs (2) through (12) of subsection (a), a member is entitled to $150 a month. A member performing the parachute-jumping duty in paragraph (3) who also performs military free-fall jumps — where the jumper deploys the parachute without a static line — is entitled to $225 a month instead.
(c)(2)(A) For hazardous duty described in paragraph (13) — air weapons controllers — a member is entitled to monthly incentive pay based on pay grade and years of service as an air weapons controller, set out in a detailed table in the statute. Rates generally start around $150 to $200 a month for less senior grades and fewer years of service, rise with both grade and experience to as much as $350 a month for many mid- and senior-grade members with several years of service, and then generally decrease again for members with more than about 20 to 25 years of service, exactly as the table sets out for each combination of grade and years of service.
(c)(2)(B) A member's years of service as an air weapons controller are counted, under regulations of the Secretary concerned, from the date the member began training toward that designation. Any stretch of more than 90 days during which the member's primary duty was something other than air weapons controller is excluded from that count.

(d)(1) In time of war, the President may suspend incentive pay for any hazardous duty described in subsection (a).
(d)(2) A member is entitled to no more than two payments of incentive pay under this section for any period during which the member qualifies for more than one payment.

(e) A member entitled to basic pay may also be paid incentive pay of up to $150 a month for any month in which the member performs duty involving regular participation as a firefighting crew member, as the Secretary concerned determines.

(f)(1) Under regulations the President prescribes, and to the extent appropriations allow, a member of a reserve component or the National Guard who is entitled to compensation under section 206 of this title, and who performs under orders any duty described in subsection (a) for members entitled to basic pay, is entitled to an increase in compensation equal to 1/30 of the monthly incentive pay a member of a corresponding grade entitled to basic pay would get for that duty. The member is entitled to this increase for as long as qualified, for each regular period of instruction or appropriate duty of at least two hours (including on a Sunday or holiday), or for other equivalent training or duty the Secretary may prescribe under section 206(a). This paragraph does not apply to a member entitled to basic pay under section 204 of this title for the entire month.
(f)(2)(A) If in one calendar month a member performs duty described in paragraph (1) and, while entitled to basic pay, also performs the hazardous duty under subsection (a) that is the basis for that entitlement, the earned units measuring incentive pay entitlement are combined. If the combined units meet or exceed the minimum standard the President sets for entitlement under subsections (b) and (c) for a corresponding-grade member entitled to full-time basic pay, the member is entitled to the same 1/30-per-month increase for that hazardous duty.
(f)(2)(B) A member who qualifies under this paragraph is entitled to the increase for each day in that month the member is entitled to basic pay under section 204 or compensation under section 206 of this title.
(f)(2)(C) In this paragraph, "units" means the significant increments of performance the President prescribes as qualifying standards by regulation.

the actual law source: uscode.house.gov ↗public domain
(a)

Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term “hazardous duty” means duty—

(1)

involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under section 301a of this title;

(2)

involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1);

(3)

involving parachute jumping as an essential part of military duty;

(4)

involving the demolition of explosives as a primary duty, including training for that duty;

(5)

inside a high- or low-pressure chamber;

(6)

as a human acceleration or deceleration experimental subject;

(7)

as a human test subject in thermal stress experiments;

(8)

involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched;

(9)

involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria;

(10)

involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions);

(11)

involving regular participation as a member of a team conducting visit, board, search, and seizure operations aboard vessels in support of maritime interdiction operations;

(12)

involving use of ski-equipped aircraft on the ground in Antarctica or on the Arctic ice-pack; or

(13)

involving frequent and regular participation in aerial flight by a member who is serving as an air weapons controller crew member (as defined by the Secretary concerned) aboard an airborne warning and control system aircraft (as designated by such Secretary) and who is not entitled to incentive pay under section 301a of this title.

(b)

For the performance of hazardous duty described in paragraph (1) of subsection (a), a member is entitled to monthly incentive pay as follows:

Pay Grade

Monthly Rate

O–10

$150 

O–9

150 

O–8

150 

O–7

150 

O–6

250 

O–5

250 

O–4

225 

O–3

175 

O–2

150 

O–1

150 

W–5

250 

W–4

250 

W–3

175 

W–2

150 

W–1

150 

E–9

240 

E–8

240 

E–7

240 

E–6

215 

E–5

190 

E–4

165 

E–3

150 

E–2

150 

E–1

150 

(c)
(1)

For the performance of hazardous duty described in paragraphs (2) through (12) of subsection (a), a member is entitled to $150 a month. However, a member performing hazardous duty described in paragraph (3) of that subsection who also performs as an essential part of such duty parachute jumping in military free fall operations involving parachute deployment by the jumper without the use of a static line is entitled to $225 a month.

(2)
(A)

For the performance of hazardous duty described in paragraph (13) of subsection (a), a member is entitled to monthly incentive pay based upon his years of service as an air weapons controller as follows:

Pay grade

Years of service as an air weapons controller

2 or less

Over 2

Over 3

Over 4

Over 6

Over 8

Over 10

Over 12

O–7 and above

$200

$200

$200

$200

$200

$200

$200

$200

O–6

225

250

300

325

350

350

350

350

O–5

200

250

300

325

350

350

350

350

O–4

175

225

275

300

350

350

350

350

O–3

150

156

188

206

350

350

350

350

O–2

150

156

188

206

250

300

300

300

O–1

150

156

188

206

250

250

250

250

W–4

200

225

275

300

325

325

325

325

W–3

175

225

275

300

325

325

325

325

W–2

150

200

250

275

325

325

325

325

W–1

150

150

150

175

325

325

325

325

E–9

200

225

250

275

300

300

300

300

E–8

200

225

250

275

300

300

300

300

E–7

175

200

225

250

275

275

275

300

E–6

156

175

200

225

250

250

250

300

E–5

150

156

175

188

200

200

200

250

E–4 and below

150

156

175

188

200

200

200

200

Over

Over

Over

Over

Over

Over

Over

14

16

18

20

22

24

25

O–7 and above

$200

$200

$200

$200

$200

$200

$150

O–6

350

350

350

300

250

250

225

O–5

350

350

350

300

250

250

225

O–4

350

350

350

300

250

250

225

O–3

350

350

300

275

250

225

200

O–2

300

300

275

245

210

200

180

O–1

250

250

245

210

200

180

150

W–4

325

325

325

276

250

225

200

W–3

325

325

325

325

250

225

200

W–2

325

325

325

275

250

225

200

W–1

325

325

325

275

250

225

200

E–9

300

300

300

275

230

200

200

E–8

300

300

300

265

230

200

200

E–7

300

300

300

265

230

200

200

E–6

300

300

300

265

230

200

200

E–5

250

250

250

225

200

175

150

E–4 and below

200

200

200

175

150

150

150

(B)

For purposes of this paragraph, the years of service of a member as an air weapons controller shall be computed, under regulations prescribed by the Secretary concerned, from the date the member begins training leading to a designation as an air weapons controller, but there shall be excluded from such computation any period of more than 90 days during which the member performs primary duties other than as an air weapons controller.

(d)
(1)

In time of war, the President may suspend the payment of incentive pay for any hazardous duty described in subsection (a).

(2)

A member is entitled to not more than two payments of incentive pay, authorized by this section, for a period of time during which he qualifies for more than one payment of that pay.

(e)

A member of a uniformed service who is entitled to basic pay may be paid incentive pay under this subsection, at a monthly rate not to exceed $150, for any month during which the member performs duty involving regular participation as a firefighting crew member, as determined by the Secretary concerned.

(f)
(1)

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, any 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) or (c), as the case may be, for the performance of that hazardous duty by a member of a corresponding grade who is entitled to basic pay. He 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 for the entire month.

(2)
(A)

If in any calendar month a member performs duty as described in paragraph (1) and while entitled to basic pay also performs hazardous duty as described in the same paragraph of subsection (a) as constitutes the predicate for his entitlement under paragraph (1), the earned units of measuring entitlement for incentive pay under this section shall be combined. If the sum of units determined under the preceding sentence equals or exceeds the minimum standard prescribed by the President for entitlement to pay specified under subsections (b) and (c) for a member of corresponding grade who is entitled to basic pay for the entire relevant month, the member shall be entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) or (c) for the performance of that hazardous duty by a member of corresponding grade who is entitled to basic pay for the entire month.

(B)

A member who qualifies for entitlement under this paragraph is entitled to the increase for each day in the relevant month in which he is entitled to basic pay pursuant to section 204 of this title or to compensation under section 206 of this title.

(C)

In this paragraph, the term “units” means the significant increments of performance prescribed as qualifying standards in regulations promulgated by the President pursuant to this section.

Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 461; Pub. L. 88–132, §§ 6–8, Oct. 2, 1963, 77 Stat. 215, 216; Pub. L. 89–149, §§ 1–3, Aug. 28, 1965, 79 Stat. 585; Pub. L. 89–278, Oct. 20, 1965, 79 Stat. 1011; Pub. L. 89–718, § 52, Nov. 2, 1966, 80 Stat. 1121; Pub. L. 92–436, title VI, § 605, Sept. 26, 1972, 86 Stat. 740; Pub. L. 93–294, § 2(1), (2), May 31, 1974, 88 Stat. 177; Pub. L. 96–343, § 2(a), Sept. 8, 1980, 94 Stat. 1123; Pub. L. 96–513, title V, § 516(5), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 3(a)–(c), Dec. 23, 1980, 94 Stat. 3360; Pub. L. 97–60, title I, § 111(a)–(c), Oct. 14, 1981, 95 Stat. 992, 993; Pub. L. 98–94, title IX, § 903(a), Sept. 24, 1983, 97 Stat. 635; Pub. L. 98–525, title VI, § 624(a), Oct. 19, 1984, 98 Stat. 2542; Pub. L. 99–145, title VI, §§ 635(a), 647(a), title XIII, § 1303(b)(2), Nov. 8, 1985, 99 Stat. 647, 655, 740; Pub. L. 99–661, div. A, title XIII, § 1342(a), Nov. 14, 1986, 100 Stat. 3991; Pub. L. 100–26, § 8(d)(1), (e)(2), Apr. 21, 1987, 101 Stat. 285, 286; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, § 614, title XI, § 1111(d)(1), Dec. 5, 1991, 105 Stat. 1377, 1492; Pub. L. 104–106, div. A, title VI, § 615, Feb. 10, 1996, 110 Stat. 361; Pub. L. 105–85, div. A, title VI, § 614, Nov. 18, 1997, 111 Stat. 1786; Pub. L. 105–261, div. A, title VI, § 614(a), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 107–107, div. A, title VI, § 615(a), (b), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 108–136, div. A, title VI, § 615(a)–(c), Nov. 24, 2003, 117 Stat. 1502; Pub. L. 108–375, div. A, title VI, § 615, Oct. 28, 2004, 118 Stat. 1948; Pub. L. 109–364, div. A, title X, § 1071(c)(2), Oct. 17, 2006, 120 Stat. 2400.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-649 · 76 Stat. 461
  • 1963Amended · Pub. L. 88-132 · 77 Stat. 215, 216
  • 1965Amended · Pub. L. 89-149 · 79 Stat. 585
  • 1965Amended · Pub. L. 89-278 · 79 Stat. 1011
  • 1966Amended · Pub. L. 89-718 · 80 Stat. 1121
  • 1972Amended · Pub. L. 92-436 · 86 Stat. 740
  • 1974Amended · Pub. L. 93-294 · 88 Stat. 177
  • 1980Amended · Pub. L. 96-343 · 94 Stat. 1123
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2938
  • 1980Amended · Pub. L. 96-579 · 94 Stat. 3360
  • 1981Amended · Pub. L. 97-60 · 95 Stat. 992, 993
  • 1983Amended · Pub. L. 98-94 · 97 Stat. 635
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2542
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 647, 655, 740
  • 1986Amended · Pub. L. 99-661 · 100 Stat. 3991
  • 1987Amended · Pub. L. 100-26 · 101 Stat. 285, 286
  • 1991Amended · Pub. L. 102-25 · 105 Stat. 117
  • 1991Amended · Pub. L. 102-190 · 105 Stat. 1377, 1492
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 361
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1786
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2039
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1136
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1502
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1948
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2400

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

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