37 U.S.C. § 317 — Special pay: officers in critical acquisition positions extending period of active duty
submitted 36 years ago by Pub. L. 101-510 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 417 words · no verdicts yet
Officers in critical acquisition jobs can get a bonus for staying on active duty. The bonus can't exceed fifteen percent of their yearly base pay per year committed. They must pay it back if they don't finish the agreed time. The bonus comes on top of normal pay.
This section pays a retention bonus to certain military officers who agree to keep serving in acquisition jobs.
(a) The bonus. An officer* described in subsection (b) can get a retention bonus by signing a written agreement to stay on active duty* in a critical acquisition position for at least one year. The Secretary concerned* has to accept the agreement first.
(b) Who qualifies. The officer must be in the Army, Navy, Air Force, or Marine Corps, and must (1) be part of the acquisition workforce, selected for or already serving in a critical acquisition position designated under section 1731 of title 10, and (2) either already be eligible to retire, or be assigned to that position for a period that will run past the officer's retirement eligibility date, under any law.
(c) How much. For each year the officer agrees to stay, the bonus cannot be more than 15 percent of the officer's annual basic pay* rate at the time the agreement is signed.
(d) Payment. Once the Secretary accepts the agreement, the total bonus amount is locked in. The Secretary can pay it as a lump sum or in installments.
(e) On top of normal pay. This bonus comes in addition to whatever other pay and allowances the officer already receives.
(f) Repayment. If the officer signs the agreement, gets all or part of the bonus, but then does not finish the promised period of active duty, the officer has to repay it under the rules in section 303a(e) of this title.
(g) Stacking with other commitments. The active-duty period the officer agrees to here adds on top of any other service commitment. The one exception: time agreed to under subsection (a)(2) or (b)(2) of section 1734 of title 10 can count at the same time as the commitment under this section.
(h) Regulations. The Secretaries concerned must write regulations to carry this out. If a military department's Secretary writes those regulations, the Secretary of Defense must approve them.
An officer* described in subsection (b) who executes a written agreement to remain on active duty* in a critical acquisition position for at least one year may, upon the acceptance of the agreement by the Secretary concerned*, be paid a retention bonus as provided in this section.
An officer referred to in subsection (a) is an officer of the Army, Navy, Air Force, or Marine Corps who—
is a member* of the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under section 1731 of title 10.1
is eligible to retire, or is assigned to such position for a period that will extend beyond the date on which the officer will be eligible to retire, under any provision of law.
The amount of a bonus paid under this section for each year a member agrees to remain on active duty may not be more than 15 percent of the annual rate of basic pay* paid to the member at the time the member executes a written agreement under this section.
Upon the acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed and may be paid by the Secretary in either a lump sum or installments.
A bonus paid under this section is in addition to other pay and allowances to which an officer is entitled.
An officer who, having entered into a written agreement under subsection (a) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.
The period of active duty agreed upon by an officer in a written agreement under this section is in addition to any other service commitment of the officer, except that any period of active duty agreed upon in a written agreement under subsection (a)(2) or (b)(2) of section 1734 of title 10 by the officer may be counted concurrently with the commitment under this section.
The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.
Source credit: (Added Pub. L. 101–510, div. A, title XII, § 1203(a)(1), Nov. 5, 1990, 104 Stat. 1656; amended Pub. L. 109–163, div. A, title VI, § 687(b)(26), Jan. 6, 2006, 119 Stat. 3331; Pub. L. 116–92, div. A, title VIII, § 861(j)(17), Dec. 20, 2019, 133 Stat. 1520.)
- 1990Enacted · Pub. L. 101-510 · 104 Stat. 1656
- 2006Amended · Pub. L. 109-163 · 119 Stat. 3331
- 2019Amended · Pub. L. 116-92 · 133 Stat. 1520
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-510 on 1990-11-05.
all 0 arguments · sorted by: best
no arguments yet — make the first case