37 U.S.C. § 352 — Assignment pay or special duty pay
submitted 18 years ago by Pub. L. 110-181 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 736 words · no verdicts yet
The Secretary can pay extra "assignment or special duty pay" for tough assignments or locations. It's paid monthly, as a lump sum, or in installments, capped at $5,000 a month. Members who don't meet the rules must repay it, and this authority ends after December 31, 2026.
(a) The Secretary of the relevant military branch can pay* "assignment or special duty pay" to a service member* who's entitled to basic pay and who serves in an assignment, location (including a cold-weather posting), or unit the Secretary designates, under conditions the Secretary sets.
(b) This pay can be paid monthly, as a lump sum, or in periodic installments -- the Secretary decides which. If paid monthly, the Secretary can prorate the amount for a member who doesn't qualify the whole month. The maximum monthly amount is $5,000. A lump-sum payment can't exceed the maximum monthly rate (at the time the member signs the agreement) multiplied by the number of months the pay covers. Each installment payment can't exceed the agreed monthly rate (also capped at the maximum) times the number of months, divided by the number of installments. If a member extends their assignment, the extension's pay can be paid monthly, as a lump sum, or in installments, following these same rules.
(c) The Secretary can require -- and must require, for lump-sum or installment payments -- a written agreement with the member. The agreement must state the time period covered and either the monthly rate or the lump-sum/installment amounts.
(d) A reserve member on inactive-duty training*, entitled to compensation under section 206, can get assignment or special duty pay in proportion to that inactive-duty compensation.
(e) This pay comes on top of a member's other pay and allowances.
(f) A member who gets this pay but then fails to meet the eligibility rules must repay it, under the repayment rules in section 373.
(g) No new agreement for this pay can be signed after December 31, 2026.
The Secretary concerned* may pay assignment or special duty pay under this section to a member* of the uniformed services* who—
is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
performs duties in an assignment, location (including a cold weather location), or unit designated by, and under the conditions of service specified by, the Secretary concerned.
Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned. If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the member’s actual qualifying service during the month.
The maximum monthly amount of assignment or special duty pay may not exceed $5,000.
The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of—
the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); and
the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement.
The amount of each installment payment of assignment or special duty pay payable to a member on an installment basis may not exceed the amount equal to—
the product of—
a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized under paragraph (2) at the time the member enters into the agreement; and
the number of continuous months in the period for which the assignment or special duty pay will be paid; divided by
the number of installments over such period.
If a member extends an assignment or performance of duty specified in an agreement with the Secretary concerned under subsection (c), assignment or special duty pay for the period of the extension may be paid on a monthly basis, in a lump sum, or in installments, consistent with this subsection.
The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a monthly basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the monthly rate of the assignment or special duty pay.
The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of assignment or special duty pay on a lump sum or installment basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the amount of the lump sum or each periodic installment.
A member of a reserve component entitled to compensation under section 206 of this title who is authorized assignment or special duty pay under this section may be paid an amount of assignment or special duty pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training*.
Assignment or special duty pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
A member who receives assignment or special duty pay under this section and who fails to fulfill the eligibility requirements under subsection (a) for receipt of such pay shall be subject to the repayment provisions of section 373 of this title.
No agreement may be entered into under this section after December 31, 2026.
Source credit: (Added Pub. L. 110–181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 173; amended Pub. L. 111–84, div. A, title VI, §§ 614(7), 618(c), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111–383, div. A, title VI, § 614(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 614(7), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 614(7), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 614(7), Dec. 26, 2013, 127 Stat. 781; Pub. L. 113–291, div. A, title VI, § 614(8), Dec. 19, 2014, 128 Stat. 3401; Pub. L. 114–92, div. A, title VI, § 614(8), Nov. 25, 2015, 129 Stat. 839; Pub. L. 114–328, div. A, title VI, § 614(8), Dec. 23, 2016, 130 Stat. 2159; Pub. L. 115–91, div. A, title VI, § 614(8), Dec. 12, 2017, 131 Stat. 1422; Pub. L. 115–232, div. A, title VI, § 611(d)(7), Aug. 13, 2018, 132 Stat. 1797; Pub. L. 116–92, div. A, title VI, § 611(d)(7), Dec. 20, 2019, 133 Stat. 1426; Pub. L. 116–283, div. A, title VI, § 611(d)(7), Jan. 1, 2021, 134 Stat. 3673; Pub. L. 117–81, div. A, title VI, § 611(d)(7), Dec. 27, 2021, 135 Stat. 1769; Pub. L. 117–263, div. A, title VI, §§ 601(d)(7), 603(a), Dec. 23, 2022, 136 Stat. 2620; Pub. L. 118–31, div. A, title VI, § 613(d)(7), Dec. 22, 2023, 137 Stat. 292; Pub. L. 118–159, div. A, title VI, § 611(d)(7), Dec. 23, 2024, 138 Stat. 1932; Pub. L. 119–60, div. A, title VI, §§ 601(c)(4), 611(d)(7), Dec. 18, 2025, 139 Stat. 903, 906.)
- 2008Enacted · Pub. L. 110-181 · 122 Stat. 173
- 2009Amended · Pub. L. 111-84 · 123 Stat. 2354, 2356
- 2011Amended · Pub. L. 111-383 · 124 Stat. 4237
- 2011Amended · Pub. L. 112-81 · 125 Stat. 1450
- 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. 1422
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1797
- 2019Amended · Pub. L. 116-92 · 133 Stat. 1426
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3673
- 2021Amended · Pub. L. 117-81 · 135 Stat. 1769
- 2022Amended · Pub. L. 117-263 · 136 Stat. 2620
- 2023Amended · Pub. L. 118-31 · 137 Stat. 292
- 2024Amended · Pub. L. 118-159 · 138 Stat. 1932
- 2025Amended · Pub. L. 119-60 · 139 Stat. 903, 906
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-181 on 2008-01-28.
all 0 arguments · sorted by: best
no arguments yet — make the first case