PocketLaw | USC 37 | Special pay: bonus for enlistment in elements of

Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve

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§308g. Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve

(a) An eligible person who enlists in a combat or combat support skill of an element (other than the Selected Reserve) of the Ready Reserve of an armed force for a term of enlistment of not less than six years, and who has not previously served in an armed force, may be paid a bonus as provided in subsection (b).

(b) Eligibility for and the amount and method of payment of a bonus under this section shall be determined in accordance with regulations prescribed under subsection (g), except that the amount of such a bonus may not exceed $3,000. A person entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty.

(c) A bonus may not be paid under this section for a term of enlistment to any person who fails to complete satisfactorily initial active duty for training or who, upon completion of initial active duty for training, elects to serve the remainder of the term of enlistment in the Selected Reserve or in an active component of an armed force.

(d) A person who does not serve satisfactorily in the element of the Ready Reserve in the combat or combat support skill for the period for which the bonus was paid under this section shall be subject to the repayment provisions of section 303a(e) of this title.

(e) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy.

(f) A bonus may not be paid under this section to any person for an enlistment-

(1) during the period beginning on October 1, 1992, and ending on September 30, 2005; or

(2) after December 31, 2018.

Editorial Notes

Amendments

2017-Subsec. (f)(2). Pub. L. 115–91 substituted "December 31, 2018" for "December 31, 2017".

2016-Subsec. (f)(2). Pub. L. 114–328 substituted "December 31, 2017" for "December 31, 2016".

2015-Subsec. (f)(2). Pub. L. 114–92 substituted "December 31, 2016" for "December 31, 2015".

2014-Subsec. (f)(2). Pub. L. 113–291 substituted "December 31, 2015" for "December 31, 2014".

2013-Subsec. (f)(2). Pub. L. 113–66 substituted "December 31, 2014" for "December 31, 2013".

Pub. L. 112–239 substituted "December 31, 2013" for "December 31, 2012".

2011-Subsec. (f)(2). Pub. L. 112–81 substituted "December 31, 2012" for "December 31, 2011".

Pub. L. 111–383 substituted "December 31, 2011" for "December 31, 2010".

2009-Subsec. (f)(2). Pub. L. 111–84 substituted "December 31, 2010" for "December 31, 2009".

2008-Subsec. (f)(2). Pub. L. 110–417 substituted "December 31, 2009" for "December 31, 2008".

Pub. L. 110–181 substituted "December 31, 2008" for "December 31, 2007".

2006-Subsec. (d). Pub. L. 109–163, §687(b)(17)(A), added subsec. (d) and struck out former subsec. (d) which read as follows: "A person who receives a bonus payment under this section and who fails during the period for which the bonus was paid to serve satisfactorily in the element of the Ready Reserve with respect to which the bonus was paid shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid to such person as the period which such person failed to serve satisfactorily bears to the total period for which the bonus was paid."

Subsec. (e). Pub. L. 109–163, §687(b)(17)(B), (C), redesignated subsec. (g) as (e) and struck out former subsec. (e) which read as follows: "An obligation to reimburse the United States imposed under subsection (d) is, for all purposes, a debt owed to the United States."

Subsec. (f). Pub. L. 109–163, §687(b)(17)(B), (C), redesignated subsec. (h) as (f) and struck out former subsec. (f) which read as follows: "A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an enlistment for which a bonus was paid under this section does not discharge the person receiving such bonus payment from the debt arising under subsection (d). This subsection applies to any case commenced under title 11 after September 24, 1983."

Subsec. (f)(2). Pub. L. 109–364, §1071(c)(3), struck out second period at end.

Pub. L. 109–364, §611(d), substituted "December 31, 2007" for "December 31, 2006".

Subsec. (g). Pub. L. 109–163, §687(b)(17)(C), redesignated subsec. (g) as (e).

Subsec. (h). Pub. L. 109–163, §687(b)(17)(C), redesignated subsec. (h) as (f).

Pub. L. 109–163, §621(c), substituted "an enlistment-" for "an enlistment after September 30, 1992" and added pars. (1) and (2).

2004-Subsec. (b). Pub. L. 108–375 substituted "$3,000" for "$1,000" and inserted last sentence.

2002-Subsec. (g). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

1991-Pub. L. 102–25 struck out "of this section" wherever appearing in subsecs. (a), (b), (e), and (f).

1989-Subsec. (h). Pub. L. 101–189 substituted "September 30, 1992" for "September 30, 1990".

1987-Subsec. (h). Pub. L. 100–180 substituted "September 30, 1990" for "September 30, 1987".

1985-Subsec. (f). Pub. L. 99–145, §1303(b)(3), substituted "September 24, 1983" for "the date of the enactment of the Department of Defense Authorization Act, 1984".

Subsec. (h). Pub. L. 99–145, §646(a)(1), substituted "September 30, 1987" for "September 30, 1985".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1985 Amendment

Amendment by section 646(a)(1) of Pub. L. 99–145 effective Oct. 1, 1985, see section 646(d) of Pub. L. 99–145, set out as a note under section 308h of this title.

Effective Date

Pub. L. 98–94, title X, §1011(c), Sept. 24, 1983, 97 Stat. 664 , provided that: "The amendments made by subsections (a) and (b) [enacting this section and section 308h of this title and repealing section 308d of this title] shall take effect on October 1, 1983."

Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Coast Guard; Reserve Forces Readiness Provisions Inapplicable

Reserve Forces Readiness provisions, including amendment of subsec. (b) of this section by Pub. L. 98–525 and Individual Ready Reserve Reenlistment Bonuses note above inapplicable to Coast Guard, see section 552(g) of Pub. L. 98–525, set out as a Reserve Forces Readiness note under section 12001 of Title 10, Armed Forces.

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