37 U.S.C. § 321 — Special pay: judge advocate continuation pay

submitted 27 years ago by Pub. L. 106-65 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 331 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the military pay a bonus, up to $60,000 total, to judge advocates who agree in writing to stay on active duty for a set period after finishing their initial service commitment. Payments can be split into installments, and officers who leave early before completing their commitment must repay money under the standard repayment rules.

(a) Eligible Judge Advocate Defined. This section applies to a full-time active-duty officer who is qualified and working as a judge advocate under section 801 of title 10, and who has already completed the active-duty service they originally owed — either from their commissioning program, or, for certain detailed officers, from that detail. (b) Special Pay Authorized. An eligible judge advocate who signs a written agreement to stay on active duty for a set extra period can, once the Secretary accepts that agreement, get continuation pay under this section. The total amount any one officer can get under one or more of these agreements cannot go over $60,000. (c) Proration. Both the length of the agreement and the amount paid under it can be split into smaller parts. (d) Payment Methods. Once the Secretary accepts the agreement, the total amount owed becomes fixed. The Secretary must write an implementation plan spelling out each installment amount and when it will be paid. (e) Additional Pay. Any money paid under this section comes on top of whatever other pay and allowances the officer already gets. (f) Repayment. If an officer signed an agreement, received some or all of the money, but does not finish the full period of active duty promised, that officer must repay money under the repayment rules in section 303a(e). (g) Regulations. The Secretary must write regulations to carry out this section.

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

(a)Eligible Judge Advocate Defined.—

In this section, the term “eligible judge advocate” means an officer of the armed forces on full-time active duty who—

(1)

is qualified and serving as a judge advocate, as defined in section 801 of title 10; and

(2)

has completed—

(A)

the active duty service obligation incurred through the officer’s original commissioning program; or

(B)

in the case of an officer detailed under section 2004 of title 10 or section 470 1 of title 14, the active duty service obligation incurred as part of that detail.

(b)Special Pay Authorized.—

An eligible judge advocate who executes a written agreement to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid continuation pay under this section. The total amount paid to an officer under one or more agreements under this section may not exceed $60,000.

(c)Proration.—

The term of an agreement under subsection (b) and the amount payable under the agreement may be prorated.

(d)Payment Methods.—

Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.

(e)Additional Pay.—

Any amount paid to an officer under this section is in addition to any other pay and allowances to which the officer is entitled.

(f)Repayment.—

An officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement but who does not complete the total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

(g)Regulations.—

The Secretary concerned shall prescribe regulations to carry out this section.

Source credit: (Added Pub. L. 106–65, div. A, title VI, § 629(a)(1), Oct. 5, 1999, 113 Stat. 659; amended Pub. L. 109–163, div. A, title VI, § 687(b)(29), Jan. 6, 2006, 119 Stat. 3332.)

history & why it existsrecord from the source credit

1999Enacted · Pub. L. 106-65 · 113 Stat. 659
2006Amended · Pub. L. 109-163 · 119 Stat. 3332

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-65 on 1999-10-05.

all 0 arguments · sorted by: best

no arguments yet — make the first case