37 U.S.C. § 312c — Special pay: nuclear career annual incentive bonus

submitted 50 years ago by Pub. L. 94-356 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 703 words · no verdicts yet

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The Navy Secretary can pay yearly bonuses to nuclear-qualified officers. Commissioned-track officers can get up to $22,000; former enlisted officers up to $14,000. The bonus shrinks for each day an officer isn't qualified or on active duty.

(a) (1) Under Navy Secretary rules, an officer who (A) is entitled to basic pay; (B) is at or below pay grade O–6; (C) has finished the officer's first required period of active service; (D) has, as a commissioned officer, successfully finished training for duty supervising, operating, and maintaining naval nuclear propulsion plants; and (E) currently holds the technical qualification for that duty — may, on top of all other pay, get an annual bonus of up to $22,000 for each "nuclear service year." (2) To qualify for a bonus for any nuclear service year, the officer must have been on active duty on the last day of that year. (3) The bonus is reduced on a day-by-day basis for each day in that year the officer (A) wasn't on active duty; (B) wasn't technically qualified for nuclear-plant duty; (C) was serving out an active-service agreement made under section 312 of this title; or (D) was getting aviation career incentive pay under section 301a while serving in a job that didn't require both nuclear-plant qualification and qualification for flying duties. (b) (1) Under the same kind of rules, an officer who (A) is entitled to basic pay; (B) is at or below pay grade O–6; (C) received training for nuclear-plant duty as an enlisted member; and (D) currently holds the technical qualification — may, on top of all other pay, get an annual bonus of up to $14,000 for each nuclear service year. (2) The officer must have been on active duty on the last day of that year to qualify. (3) The bonus is reduced day-by-day for each day the officer (A) wasn't in a job directly supervising, operating, or maintaining naval nuclear propulsion plants; (B) was serving out a section 312 active-service agreement; or (C) was getting aviation career incentive pay under section 301a while in a job that didn't require both nuclear-plant duty and qualification for flying duties. (c) Under Navy Secretary rules, an officer who isn't on active duty on the last day of a nuclear service year, or who loses technical qualification or is promoted from O–6 to a higher grade during the year, may still get a prorated bonus under (a) or (b) if otherwise qualified — unless leaving active duty or losing qualification was voluntary or caused by the officer's own misconduct. (d) In this section, a "nuclear service year" is any fiscal year that begins before December 31, 2018.

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

(a)

(1)

Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who—

(A)

is entitled to basic pay;

(B)

is not above the pay grade O–6;

(C)

has completed his initial obligated active service as an officer;

(D)

has, as a commissioned officer, successfully completed training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(E)

has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;

may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $22,000 for each nuclear service year.

(2)

In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise technically qualified officer must have been on active duty on the last day of that nuclear service year.

(3)

The amount of the annual bonus to which an officer would otherwise be entitled for a nuclear service year in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he—

(A)

was not on active duty;

(B)

was not technically qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;

(C)

was performing obligated service as the result of an active-service agreement executed under section 312 of this title; or

(D)

was entitled to receive aviation career incentive pay in accordance with section 301a while serving in a billet other than a billet that required the officer—

(i)

be technically qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(ii)

be qualified for the performance of operational flying duties.

(b)

(1)

Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who—

(A)

is entitled to basic pay;

(B)

is not above the pay grade O–6;

(C)

has, as an enlisted member, received training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(D)

has the current technical qualifications for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;

may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $14,000 for each nuclear service year.

(2)

(3)

The amount of the annual bonus to which an officer would otherwise be entitled in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he—

(A)

was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants;

(B)

was performing obligated service as the result of an active-service agreement executed under section 312 of this title; or

(C)

was entitled to receive aviation career incentive pay in accordance with section 301a while serving in a billet other than a billet—

(i)

involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; and

(ii)

that required the officer be qualified for the performance of operational flying duties.

(c)

Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who is not on active duty on the last day of a nuclear service year or who, on or before the last day of a nuclear service year, loses his technical qualifications or advances from the pay grade of O–6 to a higher pay grade may be paid a bonus in accordance with subsection (a) or (b) on a pro rata basis, if otherwise qualified, unless termination of active duty or loss of technical qualifications was voluntary or was the result of his own misconduct.

(d)

For the purposes of this section, a “nuclear service year” is any fiscal year beginning before December 31, 2018.

Source credit: (Added Pub. L. 94–356, § 3, July 12, 1976, 90 Stat. 901; amended Pub. L. 96–513, title V, § 516(9), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 2(c), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 99–145, title VI, § 632(c), Nov. 8, 1985, 99 Stat. 645; Pub. L. 101–189, div. A, title VI, § 614(c), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 101–510, div. A, title XIII, § 1322(c)(8), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 613(i), Oct. 5, 1994, 108 Stat. 2784; Pub. L. 104–106, div. A, title VI, § 613(g), Feb. 10, 1996, 110 Stat. 360; Pub. L. 104–201, div. A, title VI, § 613(f), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§ 613(f), 624(c), Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105–261, div. A, title VI, § 613(f), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§ 613(g), 624(c), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152; Pub. L. 107–107, div. A, title VI, § 613(c), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, § 613(c), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, § 613(c), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 613(c), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 623(c), 638, Jan. 6, 2006, 119 Stat. 3295, 3301; Pub. L. 109–364, div. A, title VI, § 613(c), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 613(c), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, § 613(c), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 613(3), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 613(3), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 613(3), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 613(3), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 613(3), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 613(3), Dec. 19, 2014, 128 Stat. 3400; Pub. L. 114–92, div. A, title VI, § 613(3), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 613(3), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 613(3), Dec. 12, 2017, 131 Stat. 1422.)

history & why it existsrecord from the source credit

1976Enacted · Pub. L. 94-356 · 90 Stat. 901
1980Amended · Pub. L. 96-513 · 94 Stat. 2938
1980Amended · Pub. L. 96-579 · 94 Stat. 3359
1985Amended · Pub. L. 99-145 · 99 Stat. 645
1989Amended · Pub. L. 101-189 · 103 Stat. 1446
1990Amended · Pub. L. 101-510 · 104 Stat. 1672
1991Amended · Pub. L. 102-25 · 105 Stat. 117
1994Amended · Pub. L. 103-337 · 108 Stat. 2784
1996Amended · Pub. L. 104-106 · 110 Stat. 360
1996Amended · Pub. L. 104-201 · 110 Stat. 2544
1997Amended · Pub. L. 105-85 · 111 Stat. 1786, 1793
1998Amended · Pub. L. 105-261 · 112 Stat. 2039
1999Amended · Pub. L. 106-65 · 113 Stat. 650, 654
2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
2001Amended · Pub. L. 107-107 · 115 Stat. 1136
2002Amended · Pub. L. 107-314 · 116 Stat. 2568
2003Amended · Pub. L. 108-136 · 117 Stat. 1501
2004Amended · Pub. L. 108-375 · 118 Stat. 1947
2006Amended · Pub. L. 109-163 · 119 Stat. 3295, 3301
2006Amended · Pub. L. 109-364 · 120 Stat. 2248
2008Amended · Pub. L. 110-181 · 122 Stat. 149
2008Amended · Pub. L. 110-417 · 122 Stat. 4485
2009Amended · Pub. L. 111-84 · 123 Stat. 2353
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. 780
2014Amended · Pub. L. 113-291 · 128 Stat. 3400
2015Amended · Pub. L. 114-92 · 129 Stat. 838
2016Amended · Pub. L. 114-328 · 130 Stat. 2158
2017Amended · Pub. L. 115-91 · 131 Stat. 1422

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-356 on 1976-07-12.

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