37 U.S.C. § 318 — Special pay: special warfare officers extending period of active duty

This section pays a retention bonus to special warfare officers who agree to keep serving.

(a) Who is a "special warfare officer^*." This term means an officer of a uniformed service who (1) is qualified for a military occupational specialty or designator that the Secretary concerned^* has identified as a special warfare specialty or designator, and (2) is actually serving in a position that specialty or designator covers.

(b) The bonus. A special warfare officer who meets the eligibility rules in subsection (c) and signs a written agreement to stay on active duty^* in special warfare service for at least one year can be paid a retention bonus, once the Secretary concerned accepts the agreement.

(c) Eligibility. An officer can apply for this agreement if the officer (1) is in pay^* grade^* O-3, or is in pay grade O-4 but not yet on a promotion list, at the time of applying; (2) has completed at least 6 but no more than 14 years of active commissioned service; and (3) has already finished any service commitment owed from becoming a commissioned officer^*.

(d) Bonus amount. The bonus cannot exceed $15,000 for each year the agreement covers.

(e) Prorating. Both the length of the agreement and the bonus amount can be prorated, as long as the agreement doesn't stretch past the date the officer would complete 14 years of active commissioned service.

(f) How it's paid. Once the Secretary concerned accepts the agreement, the total bonus amount is fixed. It can then be paid one of two ways: as a lump sum equal to half the total amount at acceptance, with the rest paid in equal annual installments on each anniversary of the acceptance; or as graduated annual payments under regulations the Secretary writes, with the first payment at acceptance and later ones on each anniversary.

(g) On top of normal pay. This bonus comes in addition to any other pay and allowances the officer is entitled to.

(h) Repayment. An officer who signs the agreement, receives all or part of the bonus, but doesn't complete the promised active-duty period in special warfare service, must repay it under the rules in section 303a(e) of this title.

(i) Regulations. The Secretaries concerned must write regulations to carry this out, including defining "special warfare service" for this section. If a military department's Secretary writes those regulations, the Secretary of Defense must approve them.