37 U.S.C. § 306 — Special pay: officers holding positions of unusual responsibility and of critical nature
submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 449 words · no verdicts yet
Military secretaries can designate especially important, high-pressure jobs and pay the officers filling them extra special pay, on top of normal pay. The monthly rate depends on pay grade: $150 for O-6, $100 for O-5, and $50 for O-4 and below. Only limited percentages of officers can get this pay, and it doesn't apply to those already getting certain other special pays.
(a)(1) Each service's Secretary can name positions of unusual responsibility that are critical to that armed force, and pay* special pay — on top of other pay by law — to an officer* described in (2) who does that job's duties. The monthly rates are: $150 for pay grade* O-6, $100 for O-5, and $50 for O-4 and below.
(2) That officer must be entitled to basic pay under section 204, or compensation under section 206, at pay grade O-6 or below.
(b) If an officer paid under section 206 gets this special pay for doing a designated job's duties, they're paid at 1/30 of the monthly rate for each day they actually perform those duties.
(c) Each Secretary sets the criteria and circumstances for which officers qualify for this special pay, and can end it when they think it's no longer needed.
(d)(1) No more than 5% of active-duty officers (not counting those on duty just for training or a contingency-operation mobilization) at pay grade O-3 and below, and no more than 10% at O-4, O-5, or O-6, can get this special pay. (2) The same 5%/10% limits apply to officers in the Selected Reserve of the Ready Reserve who aren't on active duty* (other than for training or contingency mobilization).
(e) The Secretary of Defense writes the rules for this section for the services under their control, and the Secretary of Homeland Security does the same for the Coast Guard when it isn't operating as part of the Navy.
(f) This section doesn't apply to anyone already entitled to special pay under section 302, 302a, 302b, or 303 of this title.
The Secretary concerned* may designate positions of unusual responsibility which are of a critical nature to an armed force under his jurisdiction and may pay* special pay, in addition to other pay prescribed by law, to an officer* of an armed force described in paragraph (2) who is performing the duties of such a position, at the following monthly rates:
Pay Grade* | Monthly Rate |
|---|---|
O–6 | $150 |
O–5 | 100 |
O–4 and below | 50 |
An officer of the armed forces* referred to in paragraph (1) is an officer who is entitled to the basic pay under section 204 of this title, or the compensation under section 206 of this title, of pay grade O–6 or below.
If an officer entitled to compensation under section 206 of this title is paid special pay under subsection (a) for the performance of duties in a position designated under such subsection, the special pay shall be paid at the rate of 1⁄30 of the monthly rate authorized by such subsection for each day of the performance of duties in the designated position.
The Secretary concerned shall prescribe the criteria and circumstances under which officers of an armed force under his jurisdiction are eligible for special pay under this section and, when he considers it necessary, may abolish that special pay.
Not more than 5 percent of the number of officers on active duty* (other than for training or mobilization in support of a contingency operation*) in an armed force in each of the pay grades O–3 and below, and not more than 10 percent of the number of officers on active duty in an armed force in pay grade O–4, O–5, or O–6, may be paid special pay under this section.
Of the number of officers in the Selected Reserve of the Ready Reserve of an armed force who are not on active duty (other than for training or mobilization in support of a contingency operation), not more than 5 percent of the number of such officers in each of the pay grades O–3 and below, and not more than 10 percent of the number of such officers in pay grade O–4, O–5, or O–6, may be paid special pay under subsection (b).
This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.
This section does not apply to a person who is entitled to special pay under section 302, 302a, 302b, or 303 of this title.
Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 466; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–284, § 6, June 28, 1980, 94 Stat. 593; Pub. L. 96–470, title II, § 202(b), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 97–322, title I, § 116, Oct. 15, 1982, 96 Stat. 1586; Pub. L. 101–510, div. A, title XIII, § 1322(c)(3), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–587, title V, § 5205, Nov. 4, 1992, 106 Stat. 5074; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title VI, § 616, Nov. 24, 2003, 117 Stat. 1502.)
- 1962Enacted · Pub. L. 87-649 · 76 Stat. 466
- 1968Amended · Pub. L. 90-623 · 82 Stat. 1314
- 1980Amended · Pub. L. 96-284 · 94 Stat. 593
- 1980Amended · Pub. L. 96-470 · 94 Stat. 2242
- 1982Amended · Pub. L. 97-322 · 96 Stat. 1586
- 1990Amended · Pub. L. 101-510 · 104 Stat. 1672
- 1992Amended · Pub. L. 102-587 · 106 Stat. 5074
- 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
- 2003Amended · Pub. L. 108-136 · 117 Stat. 1502
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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