37 U.S.C. § 334a — Special aviation incentive pay and bonus authorities: enlisted members who operate remotely piloted aircraft
submitted 9 years ago by Pub. L. 115-91 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 983 words · no verdicts yet
This law lets the military pay incentive pay and bonuses to enlisted remotely piloted aircraft pilots. It sets maximum payment amounts and requires a written bonus agreement. Members who quit early must repay the money, and no new agreements began after 2018.
(a) Aviation Incentive Pay*. The Secretary of the military branch may pay extra "aviation incentive pay" to an enlisted member* of the regular or reserve force if the member*: gets basic pay or reserve compensation; is a certified remotely piloted aircraft (RPA) pilot, or is training to become one; regularly flies operational or proficiency flights, or is training toward that; agrees to stay in aviation service for a set time; and meets any other rules the Secretary sets. Even if a member isn't currently flying, the Secretary can still pay this incentive pay if paying it serves the military's best interests, under rules from section 374.
(b) Aviation Bonus. The Secretary may also pay an "aviation bonus" to an enlisted member who already gets incentive pay under (a), is within one year of finishing their current enlistment, and either reenlists or extends their enlistment for at least one year — or, if serving under an indefinite reenlistment, signs a written promise to stay on active duty* or in the reserves for at least one year. The member must also meet any other conditions the Secretary sets.
(c) Maximum Amount and Method of Payment. The Secretary decides how much to pay, but incentive pay can't go over $1,000 a month, and a bonus can't go over $35,000 for each 12-month period the member agrees to serve. The bonus can be paid all at once or in installments. Once the Secretary accepts the member's written agreement, the total bonus amount is locked in.
(d) Written Agreement for Bonus. To get a bonus, the member must sign a written agreement that spells out the bonus amount, how it will be paid, how long the member must serve, and what kind of service is required.
(e) Reserve Members Doing Inactive-Duty Training*. A reserve member who is paid under section 206 for inactive-duty training can get incentive pay too, scaled to match that section 206 pay.
(f) Relationship to Other Pay. Incentive pay under (a) comes on top of a member's other pay — but a member can't also collect pay for the same skill and time period under sections 351(a)(2) or 353(a). Likewise, a bonus under (b) comes on top of other pay, but a member can't also collect a bonus for the same skill and period under sections 331 or 353(b).
(g) Repayment. If a member fails to meet the requirements for the pay or bonus, or doesn't finish the promised period of service, they must repay the money under the rules in section 373.
(h) Definitions. "Aviation service" means flying as a certified RPA pilot, under rules the Secretary sets. "Operational flying duty" means flying under orders that's a normal, regular part of a member's assigned job, or training flights leading to becoming an RPA pilot. "Proficiency flying duty" means flying under orders that is not normally part of a member's assigned job.
(i) Termination of Authority. No new agreements under this section could be signed after December 31, 2018.
The Secretary concerned* may pay aviation incentive pay under this section to an enlisted member* in a regular or reserve component* of a uniformed service who—
is entitled to basic pay under section 204 of this title or compensation under 206 of this title;
is designated as a remotely piloted aircraft pilot, or is in training leading to such a designation;
engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty;
engages in or remains in aviation service for a specified period; and
meets such other criteria as the Secretary concerned determines appropriate.
The Secretary concerned may pay aviation incentive pay under this section to an enlisted member* who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title, that payment of aviation pay to that enlisted member is in the best interests of the service.
The Secretary concerned may pay an aviation bonus under this section to an enlisted member in a regular or reserve component of a uniformed service who—
is entitled to aviation incentive pay under subsection (a);
is within one year of completing the enlistment of the member;
reenlists or voluntarily extends the enlistment of the member—
for a period of at least one year; or
in the case of an enlisted member serving pursuant to an indefinite reenlistment, executes a written agreement—
to remain on active duty* for a period of at least one year; or
to remain in an active status in a reserve component for a period of at least one year; and
meets such other criteria as the Secretary concerned determines appropriate.
The Secretary concerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that—
aviation incentive pay under subsection (a) shall be paid at a monthly rate not to exceed $1,000 per month; and
an aviation bonus under subsection (b) may not exceed $35,000 for each 12-month period of obligated service agreed to under subsection (d).
A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.
Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.
To receive an aviation bonus under this section, an enlisted member determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—
the amount of the bonus;
the method of payment of the bonus under subsection (c)(2);
the period of obligated service; and
the type or conditions of the service.
An enlisted member of reserve component who is entitled to compensation under section 206 of this title and who is authorized aviation incentive pay under this section may be paid an amount of incentive pay that is proportionate to the compensation received under section 206 of this title for inactive-duty training*.
Aviation incentive pay paid to an enlisted member under subsection (a) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member may not receive a payment under such subsection and section 351(a)(2) or 353(a) of this title for the same skill and period of service.
An aviation bonus paid to an enlisted member under subsection (b) shall be in addition to any other pay and allowance to which the enlisted member is entitled, except that an enlisted member may not receive a bonus payment under such subsection and section 331 or 353(b) of this title for the same skill and period of service.
An enlisted member who receives aviation incentive pay or an aviation bonus under this section and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or bonus or complete the period of service for which the incentive pay or bonus is paid, as specified in the written agreement under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title.
In this section:
The term “aviation service” means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible enlisted member who is a remotely piloted aircraft pilot.
The term “operational flying duty” means flying performed under competent orders by enlisted members of the regular or reserve components while serving in assignments in which basic flying skills are normally maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to designation as a remotely piloted aircraft pilot by the Secretary concerned.
The term “proficiency flying duty” means flying performed under competent orders by enlisted members of the regular or reserve components while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.
No agreement may be entered into under this section after December 31, 2018.
Source credit: (Added Pub. L. 115–91, div. A, title VI, § 617(a), Dec. 12, 2017, 131 Stat. 1424.)
- 2017Enacted · Pub. L. 115-91 · 131 Stat. 1424
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-91 on 2017-12-12.
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