37 U.S.C. § 307a — Special pay: assignment incentive pay

submitted 24 years ago by Pub. L. 107-314 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 653 words · no verdicts yet

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The Secretary can pay extra 'assignment incentive pay' to service members doing specially designated jobs, up to $3,000 a month. Members who take a lump sum or installments usually must sign an agreement and repay the money if they don't finish their service. This authority ended for new agreements after 2018.

(a) Authority. The Secretary concerned may pay incentive pay to a uniformed service member who does a Secretary-designated assignment while entitled to basic pay. This pay can come monthly, as a lump sum, or in installments. (b) Written Agreement. (1) To get monthly incentive pay, the Secretary can require the member to sign a written agreement stating the pay period and monthly rate, following the cap in (c). (2) To get a lump sum or installments, the Secretary must require such an agreement, stating the pay period and the lump-sum or installment amount, again following (c). (c) Maximum Rate or Amount. (1) The monthly rate cannot exceed $3,000. (2) A lump sum cannot exceed the maximum monthly rate (at the time of the agreement) multiplied by the number of months covered. (3) Each installment equals the agreed monthly rate (capped at the maximum) times the number of months, divided by the number of installments. (4) If a member extends the assignment, the Secretary can pay incentive pay for the extended period too, in any of these three ways. (d) Repayment. A member who takes a lump sum or installment payments but doesn't finish the agreed service period -- whether by choice or due to misconduct -- must repay money under section 303a(e). (e) Relationship to Other Pay and Allowances. This incentive pay comes on top of any other pay or allowances the member gets. (f) Status Not Affected by Temporary Duty or Leave. A member's service in the assignment doesn't count as interrupted just because the member is away on: (1) temporary duty under orders; or (2) authorized leave -- unless that leave ends in discharge or release from active duty. (g) Termination of Authority. No new agreement under this section could be signed after December 31, 2018.

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

(a)Authority.—

The Secretary concerned may pay incentive pay under this section to a member of a uniformed service who performs service, while entitled to basic pay, in an assignment designated by the Secretary concerned. Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.

(b)Written Agreement.—

(1)

The Secretary concerned may require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a monthly basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the monthly rate of the incentive pay.

(2)

The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay.

(c)Maximum Rate or Amount.—

(1)

The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000.

(2)

The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of—

(A)

the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and

(B)

the number of months in the period for which incentive pay will be paid pursuant to the agreement.

(3)

The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to—

(A)

the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by

(B)

the number of installments over such period.

(4)

If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section.

(d)Repayment.—

A member who enters into an agreement under this section and receives incentive pay under the agreement in a lump sum or installments, but who fails to complete the period of service covered by the payment, whether voluntarily or because of misconduct, shall be subject to the repayment provisions of section 303a(e) of this title.

(e)Relationship to Other Pay and Allowances.—

Incentive pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

(f)Status Not Affected by Temporary Duty or Leave.—

The service of a member in an assignment referred to in subsection (a) shall not be considered discontinued during any period that the member is not performing service in the assignment by reason of—

(1)

temporary duty performed by the member pursuant to orders; or

(2)

absence of the member for authorized leave, other than leave authorized for a period ending upon the discharge of the member or the release of the member from active duty.

(g)Termination of Authority.—

No agreement under this section may be entered into after December 31, 2018.

Source credit: (Added Pub. L. 107–314, div. A, title VI, § 616(a)(1), Dec. 2, 2002, 116 Stat. 2569; amended Pub. L. 108–375, div. A, title VI, §§ 614(b), 617(a), (b), Oct. 28, 2004, 118 Stat. 1947, 1948; Pub. L. 109–163, div. A, title VI, §§ 624(b), 628, 687(b)(13), Jan. 6, 2006, 119 Stat. 3295, 3296, 3329; Pub. L. 109–364, div. A, title VI, § 614(b), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–417, [div. A], title VI, § 614(b), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 615(2), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 615(2), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(2), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 615(2), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(2), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(2), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(2), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(2), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(2), Dec. 12, 2017, 131 Stat. 1423.)

history & why it existsrecord from the source credit

2002Enacted · Pub. L. 107-314 · 116 Stat. 2569
2004Amended · Pub. L. 108-375 · 118 Stat. 1947, 1948
2006Amended · Pub. L. 109-163 · 119 Stat. 3295, 3296, 3329
2006Amended · Pub. L. 109-364 · 120 Stat. 2248
2008Amended · Pub. L. 110-417 · 122 Stat. 4485
2009Amended · Pub. L. 111-84 · 123 Stat. 2354
2011Amended · Pub. L. 111-383 · 124 Stat. 4237
2011Amended · Pub. L. 112-81 · 125 Stat. 1450
2013Amended · Pub. L. 112-239 · 126 Stat. 1777
2013Amended · Pub. L. 113-66 · 127 Stat. 781
2014Amended · Pub. L. 113-291 · 128 Stat. 3401
2015Amended · Pub. L. 114-92 · 129 Stat. 839
2016Amended · Pub. L. 114-328 · 130 Stat. 2159
2017Amended · Pub. L. 115-91 · 131 Stat. 1423

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-314 on 2002-12-02.

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