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37 U.S.C. § 312 — Special pay: nuclear-qualified officers extending period of active service

submitted 57 years ago by Pub. L. 91-20 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 653 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Navy Secretary can pay special bonuses to nuclear-qualified officers who agree to serve at least 3 more years. Bonuses are capped at $30,000 per year and can be paid as a lump sum or in installments. Officers who don't finish their agreed service must repay the money.

(a) Special Pay Authorized; Eligibility. Under Navy Secretary rules, the Secretary may pay special pay to a naval officer who: (1) is entitled to basic pay; (2) currently holds the technical qualification for duty supervising, operating, or maintaining naval nuclear propulsion plants; and (3) signs a written agreement to stay on active duty in that kind of duty for at least three more years — as long as the new service period doesn't push the officer past 30 years of commissioned service, on top of any other service already owed. (b) Payment Amount; Payment Options. (1) The total paid under an agreement here, or under subsection (e)(1), can't exceed $30,000 for each year of the agreement. This is on top of all other pay the officer gets. (2) Each year, the Secretary decides whether the special pay is still needed and sets the yearly rate for agreements accepted that year. (3) Once the Secretary accepts an agreement, the total amount is paid either as one lump sum or in equal or different yearly installments over the contract, starting when the officer's current period of required service ends. (4) The Secretary may accept an agreement up to one year before an officer's current service period ends. In that case, payment can start on the date the Secretary accepts the agreement, and if paid in installments, there can be no more installments than the number of years covered by the agreement, plus one. (c) Repayment. An officer who doesn't complete the agreed nuclear-duty service after being paid under (b) or (e)(1) must repay the money, under the repayment rules in section 303a(e) of this title. (d) Relation to Service Obligation. This section doesn't change or lessen a regular officer's basic duty to serve on active duty at the President's pleasure. Completing the extra service under this section doesn't obligate the President to accept a resignation the officer submits. (e) New Agreement. (1) An officer already serving under an agreement under (a) may sign a new agreement under this subsection if the amount payable under (b) is now higher than when they signed the original agreement. The new agreement's length must equal or exceed the officer's original agreement, as long as it doesn't push past the maximum years of commissioned service allowed by (a)(3). Signing a new agreement cancels the old one, effective the day before an anniversary of the old agreement, after the date the higher payment took effect. (2) The Navy Secretary carries this out under rules the Secretary prescribes. (f) Duration of Authority. This section only applies to officers who, on or before December 31, 2018, signed the required written agreement to remain in active service.
the actual law source: uscode.house.gov ↗public domain
(a)Special Pay Authorized; Eligibility.—

Under regulations to be prescribed by the Secretary of the Navy, the Secretary may pay special pay under subsection (b) to an officer of the naval service who—

(1)

is entitled to basic pay;

(2)

has the current technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants; and

(3)

executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for a period of not less than three years, so long as the new period of obligated active service does not extend beyond the end of 30 years of commissioned service, in addition to any other period of obligated active service.

(b)Payment Amount; Payment Options.—
(1)

The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled.

(2)

The Secretary shall determine annually the necessity for continuance of the special pay and the rate of special pay per year for such active-service agreements accepted within each 12-month period.

(3)

Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary, the total amount payable shall be paid in a single lump-sum or in annual installments of equal or different amounts over the length of the contract, commencing at the expiration of any existing period of obligated active service.

(4)

The Secretary may accept an active service agreement under this section not more than one year in advance of the end of an officer’s existing period of obligated active service under such an agreement. In such a case, the amount of the special pay may be paid commencing with the date of acceptance of the agreement, and, if the special pay will be paid in annual installments, the number of installments may not exceed the number of years covered by the agreement plus one.

(c)Repayment.—

An officer who does not complete the period of active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants that the officer agreed to serve, and for which a payment was made under subsection (b) or (e)(1), shall be subject to the repayment provisions of section 303a(e) of this title.

(d)Relation to Service Obligation.—

Nothing in this section shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion of the additional period of active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer.

(e)New Agreement.—
(1)

An officer who is performing obligated service under an agreement under subsection (a) may, if the amount that may be paid under subsection (b) is higher than at the time the officer executed such agreement, execute a new agreement under this subsection. The period of such an agreement shall be a period equal to or exceeding the original period of the officer’s existing agreement, so long as the period of obligated active service under the new agreement does not extend beyond the maximum number of years of commissioned service authorized by subsection (a)(3). If a new agreement is executed under this subsection, the existing active-service agreement shall be cancelled, effective on the day before an anniversary date of that agreement after the date on which the amount that may be paid under this section is increased.

(2)

This subsection shall be carried out under regulations prescribed by the Secretary of the Navy.

(f)Duration of Authority.—

The provisions of this section shall be effective only in the case of officers who, on or before December 31, 2018, execute the required written agreement to remain in active service.

Source credit: (Added Pub. L. 91–20, § 1(1), June 3, 1969, 83 Stat. 12; amended Pub. L. 92–581, § 1(1), (2), Oct. 27, 1972, 86 Stat. 1277; Pub. L. 94–356, § 2, July 12, 1976, 90 Stat. 901; Pub. L. 96–513, title V, § 516(8), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 2(a), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 99–145, title VI, § 632(a), Nov. 8, 1985, 99 Stat. 643; Pub. L. 101–189, div. A, title VI, § 614(a), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 613(g), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title VI, § 613(e), Feb. 10, 1996, 110 Stat. 360; Pub. L. 104–201, div. A, title VI, § 613(d), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§ 613(d), 624(a), Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105–261, div. A, title VI, § 613(d), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§ 613(e), 624(a), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, § 613(a), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, § 613(a), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, § 613(a), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 613(a), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 623(a), 637, 687(b)(21), Jan. 6, 2006, 119 Stat. 3294, 3301, 3331; Pub. L. 109–364, div. A, title VI, §§ 613(a), 618, Oct. 17, 2006, 120 Stat. 2248, 2251; Pub. L. 110–181, div. A, title VI, §§ 613(a), 621(a), Jan. 28, 2008, 122 Stat. 149, 151; Pub. L. 110–417, [div. A], title VI, §§ 613(a), 617, Oct. 14, 2008, 122 Stat. 4485, 4486; Pub. L. 111–84, div. A, title VI, § 613(1), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 613(1), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 613(1), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 613(1), Jan. 2, 2013, 126 Stat. 1776; Pub. L. 113–66, div. A, title VI, § 613(1), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 613(1), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 613(1), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 613(1), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 613(1), Dec. 12, 2017, 131 Stat. 1422.)

history & why it existsrecord from the source credit
  • 1969Enacted · Pub. L. 91-20 · 83 Stat. 12
  • 1972Amended · Pub. L. 92-581 · 86 Stat. 1277
  • 1976Amended · Pub. L. 94-356 · 90 Stat. 901
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2938
  • 1980Amended · Pub. L. 96-579 · 94 Stat. 3359
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 643
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1446
  • 1991Amended · Pub. L. 102-25 · 105 Stat. 117
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2783
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 360
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2544
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1786, 1793
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2039
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 650, 654
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1136
  • 2002Amended · Pub. L. 107-314 · 116 Stat. 2568
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1501
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1947
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3294, 3301, 3331
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2248, 2251
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 149, 151
  • 2008Amended · Pub. L. 110-417 · 122 Stat. 4485, 4486
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2353
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4237
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1450
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1776
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 780
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3400
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 838
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2158
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1422

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-20 on 1969-06-03.

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