37 U.S.C. § 327 — Incentive bonus: transfer between armed forces

submitted 20 years ago by Pub. L. 109-163 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 487 words · no verdicts yet

in plain englishAI-generated · not legal advice

A service member can get a bonus for agreeing to transfer to another branch of the armed forces. They must promise to serve at least three years in the new branch. The bonus can't exceed $10,000 and must be repaid if not completed.

(a) Incentive Bonus Authorized — A member of a regular or reserve component of one armed force can get a bonus if they sign a written agreement to transfer to a regular or reserve component of a different armed force, and to serve there for at least three years. (b) Eligible Members — To sign this agreement, as of that date the member must: not have failed to complete any earlier enlistment term; be eligible to reenlist (or, for officers, to keep serving) in the armed forces; and have met whatever transfer requirements the Secretary of the gaining branch has set. (c) Limitation — A member can only transfer this way if the Secretary of the branch they're joining decides that branch is short on trained, qualified people. (d) Amount and Payment of Bonus — (1) The bonus cannot be more than $10,000. (2) The Secretary of the branch the member is transferring into pays the bonus. (3) That Secretary chooses how to pay it: either as one lump sum once the chief personnel officer of the new branch approves the transfer, or in annual installments in amounts the Secretary sets. (e) Relationship to Other Pay and Allowances — This bonus comes on top of any other pay the member is owed. (f) Repayment — If a member gets the bonus but then doesn't serve the full agreed period — whether by choice or because of misconduct — they must repay it under the rules in section 303a(e). (g) Regulations — The Secretaries in charge must write rules to carry this out. Rules written by a military department's Secretary need approval from the Secretary of Defense. (h) Termination of Authority — No one can sign a new agreement under this section after December 31, 2018.

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

(a)Incentive Bonus Authorized.—

A bonus under this section may be paid to an eligible member of a regular component or reserve component of an armed force who executes a written agreement—

(1)

to transfer from such regular component or reserve component to a regular component or reserve component of another armed force; and

(2)

to serve pursuant to such agreement for a period of not less than three years in the component to which transferred.

(b)Eligible Members.—

A member is eligible to enter into an agreement under subsection (a) if, as of the date of the agreement, the member—

(1)

has not failed to satisfactorily complete any term of enlistment in the armed forces;

(2)

is eligible for reenlistment in the armed forces or, in the case of an officer, is eligible to continue in service in a regular or reserve component of the armed forces; and

(3)

has fulfilled such requirements for transfer to the component of the armed force to which the member will transfer as the Secretary having jurisdiction over such armed force shall establish.

(c)Limitation.—

A member may enter into an agreement under subsection (a) to transfer to a regular component or reserve component of another armed force only if the Secretary having jurisdiction over such armed force determines that there is shortage of trained and qualified personnel in such component.

(d)Amount and Payment of Bonus.—

(1)

A bonus under this section may not exceed $10,000.

(2)

A bonus under this section shall be paid by the Secretary having jurisdiction of the armed force to which the member to be paid the bonus is transferring.

(3)

A bonus under this section shall, at the election of the Secretary paying the bonus—

(A)

be disbursed to the member in one lump sum when the transfer for which the bonus is paid is approved by the chief personnel officer of the armed force to which the member is transferring; or

(B)

be paid to the member in annual installments in such amounts as may be determined by the Secretary paying the bonus.

(e)Relationship to Other Pay and Allowances.—

A bonus paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

(f)Repayment.—

A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(g)Regulations.—

The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department under this subsection shall be subject to the approval of the Secretary of Defense.

(h)Termination of Authority.—

No agreement under this section may be entered into after December 31, 2018.

Source credit: (Added and amended Pub. L. 109–163, div. A, title VI, §§ 641(a), 687(b)(35), Jan. 6, 2006, 119 Stat. 3304, 3333; Pub. L. 109–364, div. A, title VI, §§ 614(h), 620(a), Oct. 17, 2006, 120 Stat. 2249, 2252; Pub. L. 111–84, div. A, title VI, § 615(7), Oct. 28, 2009, 123 Stat. 2354; Pub. L. 111–383, div. A, title VI, § 615(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 615(7), Dec. 31, 2011, 125 Stat. 1451; Pub. L. 112–239, div. A, title VI, § 615(7), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 615(7), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 615(8), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 615(8), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 615(8), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 615(8), Dec. 12, 2017, 131 Stat. 1423.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-163 · 119 Stat. 3304, 3333
2006Amended · Pub. L. 109-364 · 120 Stat. 2249, 2252
2009Amended · Pub. L. 111-84 · 123 Stat. 2354
2011Amended · Pub. L. 111-383 · 124 Stat. 4237
2011Amended · Pub. L. 112-81 · 125 Stat. 1451
2013Amended · Pub. L. 112-239 · 126 Stat. 1777
2013Amended · Pub. L. 113-66 · 127 Stat. 781
2014Amended · Pub. L. 113-291 · 128 Stat. 3401
2015Amended · Pub. L. 114-92 · 129 Stat. 839
2016Amended · Pub. L. 114-328 · 130 Stat. 2159
2017Amended · Pub. L. 115-91 · 131 Stat. 1423

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-163 on 2006-01-06.

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