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37 U.S.C. § 356Continuation pay: full TSP members with 7 to 12 years of service

submitted 11 years ago by Pub. L. 114-92 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 669 words · no verdicts yet

in plain englishAI-generated · not legal advice

The military must pay a bonus called continuation pay to service members with 7 to 12 years of service who agree to serve 3 more years. The bonus amount is based on the member's monthly pay and depends on whether they serve full-time or in the reserves. Members who don't finish their promised extra service must repay the bonus.

(a) Continuation Pay. The Secretary concerned must pay continuation pay to each full TSP member (as defined in section 8440e(a) of title 5) of the uniformed services under that Secretary's jurisdiction, if the member: (1) has completed not less than 7 and not more than 12 years of service; and (2) agrees with the Secretary to serve not less than 3 additional years. (b) Payment Amount. The payment is a multiple of the member's monthly basic pay. Start with the minimum multiple: for a member of a regular component, a Space Force member on sustained duty, or a reserve component member performing active Guard and Reserve duty, the multiple must be at least 2.5. For a reserve component member not on active Guard or Reserve duty, or a Space Force member in space force active status but not on sustained duty, the multiple must be at least 0.5 times the basic pay the member would get if serving in a regular component. There's also a maximum. For a regular-component member or a Space Force member on sustained duty: take that member's monthly basic pay at 12 years of service, multiply by 2.5; the Secretary may, at their discretion, add that same monthly basic pay multiplied by up to 13 more months, as specified in the member's agreement. For a reserve-component member, or a Space Force member in active status not on sustained duty: take the monthly basic pay the member would get at 12 years if in a regular component, multiply by 0.5; the Secretary may, at their discretion, add that amount multiplied by up to 6 more months, as specified in the agreement. (c) Additional Discretionary Authority. Beyond the payment required under subsection (a), the Secretary concerned may pay a member described in subsection (a) — who has the service agreement required there — additional continuation pay, in an amount the Secretary decides. (d) Timing of Payment. The Secretary concerned must pay the subsection (a) continuation pay once the member has completed not less than 7 and not more than 12 years of service. (e) Lump Sum or Installments. A member may choose to receive the continuation pay under subsection (a) or (c) as one lump sum, or split into no more than four payments. (f) Relationship to Other Pay and Allowances. This continuation pay comes in addition to, not instead of, any other pay or allowance the member is otherwise entitled to. (g) Repayment. A member who receives continuation pay under this section but fails to complete the obligated service they agreed to must repay it, following the repayment rules in section 373 of this title. (h) Regulations. Each Secretary concerned must issue regulations to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a)Continuation Pay.—

The Secretary concerned shall make a payment of continuation pay to each full TSP member (as defined in section 8440e(a) of title 5) of the uniformed services under the jurisdiction of the Secretary who—

(1)

has completed not less than 7 and not more than 12 years of service in a uniformed service; and

(2)

enters into an agreement with the Secretary to serve for not less than 3 additional years of obligated service.

(b)Payment Amount.—

The Secretary concerned shall determine the payment amount under this section as a multiple of a full TSP member’s monthly basic pay. The multiple for a full TSP member who is a member of a regular component, a member of the Space Force on sustained duty, or a member of a reserve component, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10), shall not be less than 2.5 times the member’s monthly basic pay. The multiple for a full TSP member who is a member of a reserve component not performing active Guard or Reserve duty (as so defined) or a member of the Space Force in space force active status not on sustained duty shall not be less than 0.5 times the monthly basic pay to which the member would be entitled if the member were a member of a regular component. The maximum amount the Secretary concerned may pay a member under this section is—

(1)

in the case of a member of a regular component or a member of the Space Force on sustained duty—

(A)

the monthly basic pay of the member at 12 years of service multiplied by 2.5; plus

(B)

at the discretion of the Secretary concerned, the monthly basic pay of the member at 12 years of service multiplied by such number of months (not to exceed 13 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a); and

(2)

in the case of a member of a reserve component or a member of the Space Force in space force active status and not on sustained duty—

(A)

the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a member of a regular component or a member of the Space Force on sustained duty, respectively, multiplied by 0.5; plus

(B)

at the discretion of the Secretary concerned, the amount of monthly basic pay described in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a).

(c)Additional Discretionary Authority.—

In addition to the continuation pay required under subsection (a), the Secretary concerned may provide continuation pay under this subsection to a full TSP member described in subsection (a), and subject to the service agreement referred to in paragraph (2) of such subsection, in an amount determined by the Secretary concerned.

(d)Timing of Payment.—

The Secretary concerned shall pay continuation pay under subsection (a) to a full TSP member when the member has completed not less than 7 and not more than 12 years of service in a uniformed service.

(e)Lump Sum or Installments.—

A full TSP member may elect to receive continuation pay provided under subsection (a) or (c) in a lump sum or in a series of not more than four payments.

(f)Relationship to Other Pay and Allowances.—

Continuation pay under this section is in addition to any other pay or allowance to which the full TSP member is entitled.

(g)Repayment.—

A full TSP member who receives continuation pay under this section (a) 1 and fails to complete the obligated service required under such subsection shall be subject to the repayment provisions of section 373 of this title.

(h)Regulations.—

Each Secretary concerned shall prescribe regulations to carry out this section.

Source credit: (Added Pub. L. 114–92, div. A, title VI, § 634(a), Nov. 25, 2015, 129 Stat. 850; amended Pub. L. 114–328, div. A, title VI, § 633(a)–(d)(1), Dec. 23, 2016, 130 Stat. 2163; Pub. L. 118–31, div. A, title VI, § 611(a), Dec. 22, 2023, 137 Stat. 290; Pub. L. 119–60, div. A, title VI, § 601(c)(6), Dec. 18, 2025, 139 Stat. 904.)

history & why it existsrecord from the source credit
  • 2015Enacted · Pub. L. 114-92 · 129 Stat. 850
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2163
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 290
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 904

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-92 on 2015-11-25.

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