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37 U.S.C. § 302f — Special pay: reserve, recalled, or retained health care officers

submitted 35 years ago by Pub. L. 102-190 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 364 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets certain reserve or recalled health care officers get special pay early. They can qualify even if their call to duty is shorter than a year. Payments can be made monthly, and any overpayment must be repaid.

(a) Eligible for Special Pay. A health care officer described in subsection (b) can get special pay under section 302, 302a, 302b, 302c, 302e, or 303 — whichever applies — even without meeting that section's usual requirement that (1) the call to active duty last at least a year, or (2) the officer sign an agreement to serve at least a year.

(b) Health Care Officers Described. The officer must otherwise qualify for special pay under one of those sections, and must (1) be a reserve officer on active duty (not for training) under a call lasting more than 30 days but less than a year; (2) be involuntarily kept on active duty under 10 U.S.C. § 12305, or recalled under 10 U.S.C. § 688, for more than 30 days; or (3) voluntarily agree to serve less than a year while either (A) other officers are being involuntarily retained under 10 U.S.C. § 12305, or (B) the Secretary of Defense decides special circumstances justify this pay.

(c) Monthly Payments. Payments under this section can be made monthly. An officer who receives more than their actual active-duty period earns must repay the extra under section 303a(e).

(d) Special Rule for Reserve Medical and Dental Officers. While a reserve medical or dental officer gets special pay under section 302 or 302b because of subsection (a), they cannot also get the separate special pay under section 302(h) or 302b(h).

the actual law source: uscode.house.gov ↗public domain
(a)Eligible for Special Pay.—

A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title (whichever applies) notwithstanding any requirement in those sections that—

(1)

the call or order of the officer to active duty be for a period of not less than one year; or

(2)

the officer execute a written agreement to remain on active duty for a period of not less than one year.

(b)Health Care Officers Described.—

A health care officer referred to in subsection (a) is an officer of the armed forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title and who—

(1)

is a reserve officer on active duty (other than for training) under a call or order to active duty for a period of more than 30 days but less than one year;

(2)

is involuntarily retained on active duty under section 12305 of title 10, or is recalled to active duty under section 688 of title 10 for a period of more than 30 days; or

(3)

voluntarily agrees to remain on active duty for a period of less than one year at a time when—

(A)

officers are involuntarily retained on active duty under section 12305 of title 10; or

(B)

the Secretary of Defense determines (pursuant to regulations prescribed by the Secretary) that special circumstances justify the payment of special pay under this section.

(c)Monthly Payments.—

Payment of special pay pursuant to this section may be made on a monthly basis. The officer shall repay in the manner provided in section 303a(e) of this title any amount received under this section in excess of the amount that corresponds to the actual period of active duty served by the officer.

(d)Special Rule for Reserve Medical and Dental Officers.—

While a reserve medical or dental officer receives a special pay under section 302 or 302b of this title by reason of subsection (a), the officer shall not be entitled to special pay under section 302(h) or 302b(h) of this title.

Source credit: (Added Pub. L. 102–190, div. A, title VI, § 634(a), Dec. 5, 1991, 105 Stat. 1381; amended Pub. L. 104–106, div. A, title XV, § 1501(d)(4)(A), Feb. 10, 1996, 110 Stat. 500; Pub. L. 106–398, § 1 [[div. A], title VI, § 625(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–153; Pub. L. 109–163, div. A, title VI, § 687(b)(9), Jan. 6, 2006, 119 Stat. 3329.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-190 · 105 Stat. 1381
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 500
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3329

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-190 on 1991-12-05.

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