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37 U.S.C. § 308jSpecial pay: affiliation bonus for officers in the Selected Reserve

submitted 22 years ago by Pub. L. 108-375 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 781 words · no verdicts yet

in plain englishAI-generated · not legal advice

Officers can get an affiliation bonus, up to $20,000, for agreeing to serve at least three years in the Selected Reserve in a critical skill or shortage area. New officer candidates can get a similar accession bonus. Officers can't collect this bonus and certain other financial assistance for the same service period, and must repay money if they don't follow through.

(a) Affiliation Bonus. (1) The Secretary concerned may pay an affiliation bonus to an eligible officer who agrees to serve, for the period stated in the agreement, in the Selected Reserve of an armed force under that Secretary -- either (A) in a critical officer skill designated under (3), or (B) to fill a manpower shortage in (i) a specific unit, or (ii) a specific pay grade. (2) An officer is eligible if: (A) either (i) they're serving active duty for more than 30 days, or (ii) they're a reserve member not on active duty who, if they served on active duty before, was released honorably; and (B) they aren't already entitled to retired or retainer pay. (3) (A) The Secretary designates which officer skills count as "critical" for this bonus. (B) A skill qualifies if the armed force needs enough qualified officers in it to meet its requirements. (4) The affiliation bonus becomes payable on the date the officer is actually assigned to the agreed unit or position. (b) Accession Bonus. (1) The Secretary may also pay an accession bonus to an eligible person who agrees to (A) accept an officer appointment, and (B) serve in the Selected Reserve, in a skill designated under (2), for the agreed period. (2) (A) The Secretary designates which officer skills qualify for this bonus. (B) A skill qualifies if increasing the number of qualified or trainable people in it would help fix a real or expected personnel shortage. (3) The accession bonus becomes payable on the date the Secretary accepts the agreement. (c) Period of Obligated Service. The agreement must require the person to serve a set period in the Selected Reserve -- at least three years, or longer if the Secretary decides that's needed. (d) Amount. The bonus can be any amount up to $20,000 that the Secretary decides is appropriate. (e) Payment. (1) Once the Secretary accepts the written agreement, the total bonus amount is locked in; the agreement states whether it's paid as a lump sum or in installments. (2) A person called to active duty must still be paid any part of the bonus that comes due during that duty. (f) Relation to Other Accession Bonus Authority. A person cannot get both this bonus and financial assistance under chapter 1608, 1609, or 1611 of title 10, or under section 302g of this title, for the same period of service. (g) Repayment. Someone who takes bonus money under this agreement but doesn't accept the officer appointment or commission, or doesn't start or satisfactorily continue serving in the Selected Reserve for the full agreed period, must repay it under section 303a(e).
the actual law source: uscode.house.gov ↗public domain
(a)Affiliation Bonus.—
(1)

The Secretary concerned may pay an affiliation bonus under this section to an eligible officer in any of the armed forces who enters into an agreement with the Secretary to serve, for the period specified in the agreement, in the Selected Reserve of the Ready Reserve of an armed force under the Secretary’s jurisdiction—

(A)

in a critical officer skill designated under paragraph (3); or

(B)

to meet a manpower shortage in—

(i)

a unit of that Selected Reserve; or

(ii)

a particular pay grade in that armed force.

(2)

An officer is eligible for an affiliation bonus under this section if the officer—

(A)

either—

(i)

is serving on active duty for a period of more than 30 days; or

(ii)

is a member of a reserve component not on active duty and, if the member formerly served on active duty, was released from active duty under honorable conditions; and

(B)

is not entitled to receive retired or retainer pay.

(3)
(A)

The Secretary concerned shall designate for an armed force under the Secretary’s jurisdiction the critical officer skills to which the bonus authority under this subsection is to be applied.

(B)

A skill may be designated as a critical officer skill for an armed force under subparagraph (A) if, to meet requirements of that armed force, it is critical for that armed force to have a sufficient number of officers who are qualified in that skill.

(4)

An affiliation bonus payable pursuant to an agreement under this section to an eligible officer accrues on the date on which the person is assigned to a unit or position in the Selected Reserve pursuant to such agreement.

(b)Accession Bonus.—
(1)

The Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary—

(A)

to accept an appointment as an officer in the armed forces; and

(B)

to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement.

(2)
(A)

The Secretary concerned shall designate for an armed force under the Secretary’s jurisdiction the officer skills to which the authority under this subsection is to be applied.

(B)

A skill may be designated for an armed force under subparagraph (A) if, to mitigate a current or projected significant shortage of personnel in that armed force who are qualified in that skill, it is critical to increase the number of persons accessed into that armed force who are qualified in that skill or are to be trained in that skill.

(3)

An accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.

(c)Period of Obligated Service.—

An agreement entered into with the Secretary concerned under this section shall require the person entering into that agreement to serve in the Selected Reserve for a specified period. The period specified in the agreement shall be any period not less than three years that the Secretary concerned determines appropriate to meet the needs of the reserve component in which the service is to be performed.

(d)Amount.—

The amount of a bonus under this section may be any amount not in excess of $20,000 that the Secretary concerned determines appropriate.

(e)Payment.—
(1)

Upon acceptance of a written agreement by the Secretary concerned under this section, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify whether the bonus is to be paid in one lump sum or in installments.

(2)

A person entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty.

(f)Relation to Other Accession Bonus Authority.—

A person may not receive an affiliation bonus or accession bonus under this section and financial assistance under chapter 1608, 1609, or 1611 of title 10, or under section 302g of this title, for the same period of service.

(g)Repayment.—

A person who enters into an agreement under this section and receives all or part of the bonus under the agreement, but who does not accept a commission or an appointment as an officer or does not commence to participate or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

Source credit: (Added Pub. L. 108–375, div. A, title VI, § 619(a), Oct. 28, 2004, 118 Stat. 1950; amended Pub. L. 109–163, div. A, title VI, § 634(a)–(c)(1), Jan. 6, 2006, 119 Stat. 3300; Pub. L. 109–364, div. A, title X, § 1071(c)(4), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 112–239, div. A, title VI, § 616, Jan. 2, 2013, 126 Stat. 1777.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-375 · 118 Stat. 1950
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3300
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2401
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1777

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-375 on 2004-10-28.

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