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37 U.S.C. § 354Special pay: 15-year career status bonus for members entering service on or after August 1, 1986

submitted 27 years ago by Pub. L. 106-65 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 668 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets military members who first joined on or after August 1, 1986 take a bonus after 15 years of active duty. In exchange, they must agree in writing to stay on active duty until they reach 20 years. The bonus is $30,000, paid as a lump sum or in installments.

(a) Availability of the bonus. The Secretary concerned must pay this bonus to an "eligible career bonus member" if the member (1) elects to receive it, and (2) signs a written agreement, in the form the Secretary prescribes, to stay continuously on active duty until completing 20 years of active-duty service creditable under section 1405 of title 10. (b) Who qualifies. An "eligible career bonus member" is a member of a uniformed service on active duty who (1) first became a member on or after August 1, 1986, and (2) has completed 15 years of active duty in the uniformed services, or has been notified under subsection (e) that they're about to. (c) How to elect. The member makes the election in whatever form and time period the Secretary concerned prescribes. Once made, the election can't be taken back. (d) Amount and payment. (1) The bonus equals $30,000. (2) A member who elects to receive it must choose one payment plan: a single lump sum of $30,000; two installments of $15,000 each; three installments of $10,000 each; four installments of $7,500 each; or five installments of $6,000 each. (3) If installments are chosen, each installment after the first is paid on whichever comes earlier: the yearly anniversary of the first payment, or the next January 15. (4) The lump sum, or the first installment if paid in installments, must go out no later than the first month beginning at least 60 days after the Secretary concerned receives both the member's election and, if required, the signed service agreement. (e) Notifying members they qualify. (1) The Secretary concerned must send written notice to every member who meets the definition of eligible career bonus member, no later than 180 days before the member completes 15 years of active duty. (2) The notice must explain (A) the procedure for electing the bonus, and (B) how that election affects the computation of any retired or retainer pay the member may later become eligible for, under sections 1401a, 1409, and 1410 of title 10. (f) Repayment. (1) If a person paid this bonus doesn't complete active duty from their election date through 20 years of service, they must repay it under the repayment rules in section 373. (2) If a person who was paid this bonus later makes the different retirement-plan election described in section 1409(b)(4)(B) of title 10, they must also repay it, the same way, under section 373. (g) Sunset and continuing payments. (1) The Secretary concerned may not pay any new bonus under this section after December 31, 2017. (2) Subject to the repayment rule in (f)(2), the Secretary concerned may still continue making payments for bonuses that were awarded on or before that date.
the actual law source: uscode.house.gov ↗public domain
(a)Availability of Bonus.—

The Secretary concerned shall pay a bonus under this section to an eligible career bonus member if the member—

(1)

elects to receive the bonus under this section; and

(2)

executes a written agreement (prescribed by the Secretary concerned) to remain continuously on active duty until the member has completed 20 years of active-duty service creditable under section 1405 of title 10.

(b)Eligible Career Bonus Member Defined.—

In this section, the term “eligible career bonus member” means a member of a uniformed service serving on active duty who—

(1)

first became a member on or after August 1, 1986; and

(2)

has completed 15 years of active duty in the uniformed services (or has received notification under subsection (e) that the member is about to complete that duty).

(c)Election Method.—

An election under subsection (a)(1) shall be made in such form and within such period as the Secretary concerned may prescribe. An election under that subsection is irrevocable.

(d)Amount of Bonus; Payment.—
(1)

A bonus under this section shall be equal to $30,000.

(2)

A member electing to receive the bonus under this section shall elect one of the following payment options:

(A)

A single lump sum of $30,000.

(B)

Two installments of $15,000 each.

(C)

Three installments of $10,000 each.

(D)

Four installments of $7,500 each.

(E)

Five installments of $6,000 each.

(3)

If a member elects installment payments under paragraph (2), the second installment (and subsequent installments, as applicable) shall be paid on the earlier of the following dates:

(A)

The annual anniversary date of the payment of the first installment.

(B)

January 15 of each succeeding calendar year.

(4)

The lump sum payment of the bonus, and the first installment payment in the case of members who elect to receive the bonus in installments, shall be paid to an eligible career bonus member not later than the first month that begins on or after the date that is 60 days after the date on which the Secretary concerned receives from the member the election required under subsection (a)(1) and the written agreement required under subsection (a)(2), if applicable.

(e)Notification of Eligibility.—
(1)

The Secretary concerned shall transmit to each member who meets the definition of eligible career bonus member a written notification of the opportunity of the member to elect to receive a bonus under this section. The Secretary shall provide the notification not later than 180 days before the date on which the member will complete 15 years of active duty.

(2)

The notification shall include the following:

(A)

The procedures for electing to receive the bonus.

(B)

An explanation of the effects under sections 1401a, 1409, and 1410 of title 10 that such an election has on the computation of any retired or retainer pay that the member may become eligible to receive.

(f)Repayment.—
(1)

If a person paid a bonus under this section does not complete a period of active duty beginning on the date on which the election of the person under paragraph (1) of subsection (a) is received and ending on the date on which the person completes 20 years of active duty service as described in paragraph (2) of such subsection, the person shall be subject to the repayment provisions of section 373 of this title.

(2)

If a person who is paid a bonus under this section subsequently makes an election described in section 1409(b)(4)(B) of title 10, the person shall repay any bonus payments received under this section in the same manner as repayments are made under section 373 of this title.

(g)Sunset and Continuation of Payments.—
(1)

A Secretary concerned may not pay a new bonus under this section after December 31, 2017.

(2)

Subject to subsection (f)(2), the Secretary concerned may continue to make payments for bonuses that were awarded under this section on or before the date specified in paragraph (1).

Source credit: (Added Pub. L. 106–65, div. A, title VI, § 642(a), Oct. 5, 1999, 113 Stat. 662, § 322; amended Pub. L. 107–107, div. A, title VI, § 620(a), Dec. 28, 2001, 115 Stat. 1138; Pub. L. 109–163, div. A, title VI, § 687(b)(30), Jan. 6, 2006, 119 Stat. 3332; renumbered § 354 and amended Pub. L. 110–181, div. A, title VI, § 661(b)(1), (2), Jan. 28, 2008, 122 Stat. 178; Pub. L. 114–92, div. A, title VI, § 631(c)(2), Nov. 25, 2015, 129 Stat. 844.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-65 · 113 Stat. 662
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1138
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3332
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 178
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 844

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

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