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Special pay: general provisions

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§303a. Special pay: general provisions

(a) The Secretary of Defense, with respect to the Army, Navy, and Air Force, and the Secretary of Health and Human Services, with respect to the Public Health Service, shall prescribe regulations for the administration of sections 301d, 302 through 302j, and 303 of this title.

(b)(1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, a commissioned officer in the Regular or Reserve Corps ¹ of the Public Health Service is entitled to special pay under a provision of this chapter in the same amounts, and under the same terms and conditions, as a commissioned officer of the armed forces is entitled to special pay under that provision.

(2) A commissioned medical officer in the Regular or Reserve Corps ¹ of the Public Health Service (other than an officer serving in the Indian Health Service) may not receive additional special pay under section 302(a)(4) of this title for any period during which the officer is providing obligated service under the following provisions of law:

(A) Section 338B of the Public Health Service Act (42 U.S.C. 254l–1).

(B) Section 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977.

(C) Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and August 13, 1981.

(c) Special pay authorized under sections 301d, 302 through 302j, and 303 of this title is in addition to any other pay or allowance to which an officer is entitled. The amount of special pay to which an officer is entitled under any of such sections may not be included in computing the amount of any increase in pay authorized by any other provision of this title or in computing retired pay, separation pay, severance pay, or readjustment pay.

(d) The Secretary of Defense shall conduct a review every two years of the special pay for health professionals authorized by sections 301d, 302 through 302j, and 303 of this title.

(e) Repayment of Unearned Portion of Bonuses and Other Benefits When Conditions of Payment not Met; Termination of Entitlement to Unpaid Amounts.-(1)(A) Except as provided in paragraphs (2) and (3), a member of the uniformed services who receives a bonus or similar benefit and whose receipt of the bonus or similar benefit is subject to the condition that the member continue to satisfy certain eligibility requirements shall repay to the United States an amount equal to the unearned portion of the bonus or similar benefit if the member fails to satisfy the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.

(B) The Secretary concerned may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to the required repayment may be granted. The Secretary concerned may specify in the regulations the conditions under which an installment payment of a bonus or similar benefit to be paid to a member of the uniformed services will not be made if the member no longer satisfies the eligibility requirements for the bonus or similar benefit. For the military departments, this subsection shall be administered under regulations prescribed by the Secretary of Defense.

(2)(A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned-

(i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and

(ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.

(B) In this paragraph, the term "sole survivorship discharge" means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which-

(i) the father or mother or one or more siblings-

(I) served in the Armed Forces; and

(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and

(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.

(3)(A) If a member of the uniformed services dies or is retired or separated with a combat-related disability, the Secretary concerned-

(i) shall not require repayment by the member or the member's estate of the unearned portion of any bonus or similar benefit previously paid to the member; and

(ii) shall require the payment to the member or the member's estate of the remainder of any bonus or similar benefit that was not yet paid to the member, but to which the member was entitled immediately before the death, retirement, or separation of the member, and would be paid if not for the death, retirement, or separation of the member.

(B) Subparagraph (A) does not apply if the death or disability of the member is the result of the member's misconduct.

(C) The amount to be paid under subparagraph (A)(ii) shall be equal to the full amount specified by the agreement or contract applicable to the bonus or similar benefit as if the member continued to be entitled to the bonus or similar benefit following the death, retirement, or separation.

(D) Amounts to be paid to a member or the member's estate under subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days after the date of the death, retirement, or separation of the member, whichever applies.

(E) In this paragraph, the term "combat-related disability" has the meaning given that term in section 1413a(e) of title 10.

(4) An obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after-

(A) the date of the termination of the agreement or contract on which the debt is based; or

(B) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based.

(5) In this subsection:

(A) The term "bonus or similar benefit" means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this subsection.

(B) The term "service", as used in paragraph (4)(B), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus or similar benefit offered by the Secretary of Defense or the Secretary concerned-

(i) to remain on active duty or in an active status in a reserve component;

(ii) to perform duty in a specified skill, with or without a specified qualification or credential;

(iii) to perform duty at a specified location; or

(iv) to perform duty for a specified period of time.

(Added Pub. L. 96–284, §5(a), June 28, 1980, 94 Stat. 592 ; amended Pub. L. 96–513, title V, §506(6), Dec. 12, 1980, 94 Stat. 2919 ; Pub. L. 100–140, §2(b)(1), Oct. 26, 1987, 101 Stat. 831 ; Pub. L. 101–189, div. A, title VII, §§705(b), 706(b), Nov. 29, 1989, 103 Stat. 1472 , 1473; Pub. L. 101–510, div. A, title VI, §611(d), title XIII, §1322(c)(2), title XIV, §1484(c)(1), Nov. 5, 1990, 104 Stat. 1577 , 1672, 1716; Pub. L. 102–484, div. A, title X, §1054(a)(3), Oct. 23, 1992, 106 Stat. 2502 ; Pub. L. 104–106, div. A, title VI, §614(b), Feb. 10, 1996, 110 Stat. 361 ; Pub. L. 104–201, div. A, title VI, §615(c)(3), Sept. 23, 1996, 110 Stat. 2546 ; Pub. L. 106–398, §1 [[div. A], title VI, §§628(b), 634(a)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-155, 1654A-159; Pub. L. 109–163, div. A, title VI, §687(a)(1), (e)(1), Jan. 6, 2006, 119 Stat. 3326 , 3336; Pub. L. 110–317, §2(a), Aug. 29, 2008, 122 Stat. 3526 ; Pub. L. 110–417, [div. A], title VI, §651(a), (b), Oct. 14, 2008, 122 Stat. 4495 ; Pub. L. 111–84, div. A, title VI, §617(a), Oct. 28, 2009, 123 Stat. 2354 ; Pub. L. 111–383, div. A, title X, §1075(c)(1), Jan. 7, 2011, 124 Stat. 4372 .)

Editorial Notes

References in Text

Section 225(e) of the Public Health Service Act, as that section was in effect before October 1, 1977, referred to in subsec. (b)(2)(B), is section 225(e) of act July 1, 1944, ch. 373, which was classified to section 234(e) of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 94–484, title IV, §408(b)(1), Oct. 12, 1976, 90 Stat. 2281 , effective Oct. 1, 1977.

Section 752 of the Public Health Service Act, as that section was in effect between October 1, 1977, and August 13, 1981, referred to in subsec. (b)(2)(C), is section 752 of act July 1, 1944, ch. 373, title VII, as added Pub. L. 94–484, title IV, §408(b)(1), Oct. 12, 1976, 90 Stat. 2284 ; amended Pub. L. 95–626, title I, §113(b), Nov. 10, 1978, 92 Stat. 3563 ; Pub. L. 96–76, title II, §202(a), (b), Sept. 29, 1979, 93 Stat. 582 , which was classified to section 294u of Title 42, The Public Health and Welfare. Section 752 was renumbered section 338B of act July 1, 1944, and amended, by Pub. L. 97–35, title XXVII, §2709(a), (c), Aug. 13, 1981, 95 Stat. 908 , 909. It was subsequently renumbered section 338C of act July 1, 1944, and further amended, and is now classified to section 254m of Title 42.

Amendments

2011-Subsec. (e)(3)(B). Pub. L. 111–383 inserted "of" after "result".

2009-Subsec. (e)(1)(A). Pub. L. 111–84, §617(a)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)".

Subsec. (e)(1)(B), (2). Pub. L. 111–84, §617(a)(5), redesignated subpar. (B), relating to sole survivorship discharge, as par. (2). Former par. (2) redesignated (3).

Subsec. (e)(3) to (5). Pub. L. 111–84, §617(a)(2)–(4), redesignated pars. (2) to (4) as (3) to (5), respectively, and, in par. (5)(B), substituted "paragraph (4)(B)" for "paragraph (3)(B)" in introductory provisions.

2008-Subsec. (e). Pub. L. 110–417, §651(a)(1), inserted "; Termination of Entitlement to Unpaid Amounts" after "Met" in heading.

Subsec. (e)(1). Pub. L. 110–417, §651(a)(2)(A), which directed substitution of "(A) Except as provided in paragraph (2), a member" for "A member", could not be executed because of prior amendment by 110–317. See below.

Pub. L. 110–317, §2(a)(1), substituted "(A) Except as provided in paragraph (2), a member" for "A member".

Subsec. (e)(1)(A). Pub. L. 110–417, §651(a)(2)(B), substituted "the eligibility requirements and may not receive any unpaid amounts of the bonus or similar benefit after the member fails to satisfy the requirements, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit with regard to the member would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States" for "the requirements, except in certain circumstances authorized by the Secretary concerned".

Subsec. (e)(1)(B). Pub. L. 110–417, §651(a)(3), redesignated par. (2) as subpar. (B) of par. (1) relating to sole survivorship discharge.

Pub. L. 110–317, §2(a)(2), redesignated par. (2) as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e).

Subsec. (e)(2). Pub. L. 110–417, §651(b), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1) relating to sole survivorship discharge.

Pub. L. 110–317, §2(a)(3), added par. (2). Former par. (2) redesignated as subpar. (B) of par. (1) relating to the Secretary establishing procedures for determining the amount of the repayment required under subsec. (e).

2006-Pub. L. 109–163, §687(e)(1), substituted "Special pay: general provisions" for "Special pay: health professionals; general provisions" in section catchline.

Subsec. (e). Pub. L. 109–163, §687(a)(1), added subsec. (e).

2000-Pub. L. 106–398, §1 [[div. A], title VI, §628(b)], substituted "302j" for "302h" wherever appearing.

Subsecs. (b) to (d). Pub. L. 106–398, §1 [[div. A], title VI, §634(a)], added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

1996-Pub. L. 104–201 substituted "302h" for "302g" wherever appearing.

Pub. L. 104–106 substituted "302 through 302g," for "302, 302a, 302b, 302c, 302d, 302e," wherever appearing.

1992-Subsec. (b). Pub. L. 102–484 struck out "301d," after "such sections".

1990-Subsec. (a). Pub. L. 101–510, §§611(d), 1484(c)(1), inserted "301d," after "sections" and substituted "and 303" for "303, and 311".

Subsec. (b). Pub. L. 101–510, §611(d), inserted "301d," after "sections" wherever appearing.

Subsec. (c). Pub. L. 101–510, §§611(d), 1322(c)(2), 1484(c)(1), inserted "301d," after "sections", substituted "and 303" for "303, and 311", and struck out at end "A report shall be submitted to the Congress not later than September 30, 1982, of the results of the first such review, and a report shall be submitted to the Congress not later than September 30 of each second year thereafter on the results of the review for the preceding two-year period."

1989-Pub. L. 101–189 inserted "302d, 302e," after "302c," wherever appearing.

1987-Pub. L. 100–140 inserted "302c," after "302b," wherever appearing.

1980-Subsec. (a). Pub. L. 96–513, §506(6)(A), struck out reference to sections 302c and 313 of this title.

Subsec. (b). Pub. L. 96–513, §506(6)(B), (C), struck out reference to section 302c of this title and inserted reference to separation pay.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 402(c)(3) of Title 42, The Public Health and Welfare.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–317 applicable with respect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Organization and Employees.

Effective Date of 2006 Amendment

Pub. L. 109–163, div. A, title VI, §687(a)(2), Jan. 6, 2006, 119 Stat. 3327 , as amended by Pub. L. 109–364, div. A, title X, §1071(e)(6), Oct. 17, 2006, 120 Stat. 2401 , provided that: "In the case of a provision of law amended by subsection (b), (c), or (d) of this section [amending sections 301b, 301d, 301e, 302, 302a, 302b, 302d to 302h, 302j, 307a, 308, 308b, 308c, 308g to 308i, 309, 312, 312b, 314 to 319, and 321 to 327 of this title, sections 510, 2005, 2007, 2105, 2123, 2130a, 2173, 2200a, 4348, 6959, 9348, 16135, 16203, 16303, and 16401 of Title 10, Armed Forces, and section 182 of Title 14, Coast Guard], paragraph (3) of subsection (e) of section 303a of title 37, United States Code, as added by this subsection, shall apply to any case commenced under title 11, United States Code, after March 30, 2006."

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–140 effective Oct. 26, 1987, and applicable to pay periods beginning on or after such date, see section 2(c) of Pub. L. 100–140, set out as an Effective Date note under section 302c of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

¹ See Change of Name note below.

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