37-U.S.C.-315

37-U.S.C.-315

§315 – Special Pay: Engineering and Scientific Career Continuation Pay

Pathway

Title 37 > Chapter 5 > Subchapter I > Section 315

Details

  • Reference: Section 315
  • Legend: §315 – Special Pay: Engineering and Scientific Career Continuation Pay
  • USCode Year: 2013

Provision Content

(a) In this section, the term engineering or scientific duty means service performed by an officer—

(1) that requires an engineering or science degree; and

(2) that requires a skill designated (under regulations prescribed by the Secretary of Defense for the armed forces, by the Secretary of Commerce for the National Oceanic and Atmospheric Administration, or by the Secretary of Health and Human Services for the Public Health Service) as critical and as a skill in which there is a critical shortage of officers in the uniformed service concerned.

(b) Under regulations prescribed by the Secretary concerned, an officer of a uniformed service who—

(1) is entitled to basic pay;

(2) is below the pay grade of O–7;

(3) holds a degree in engineering or science from an accredited college or university;

(4) has been certified by the Secretary concerned as having the technical qualifications for detail to engineering or scientific duty;

(5) has completed at least three but less than nineteen years of engineering or scientific duty as an officer; and

(6) executes a written agreement to remain on active duty for detail to engineering or scientific duty for at least one year, but not more than four years;

may, upon acceptance of the written agreement by the Secretary concerned, be paid, in addition to all other compensation to which the officer is entitled, an amount not to exceed $3,000 multiplied by the number of years, or monthly fraction thereof, of obligated service to which the officer agrees under the agreement. The total amount payable may be paid in a lump sum or in equal periodic installments, as determined by the Secretary concerned.

(c) An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as specified in the agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(Added Pub. L. 97–60, title I, §120(a), Oct. 14, 1981, 95 Stat. 998; amended Pub. L. 99–145, title VI, §637(a), Nov. 8, 1985, 99 Stat. 648; Pub. L. 100–26, §8(e)(6), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 109–163, div. A, title VI, §687(b)(24), Jan. 6, 2006, 119 Stat. 3331.)

Amendments

2006—Subsec. (c). Pub. L. 109–163 amended subsec. (c) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer receives bonus but fails to complete agreed upon period of active duty.

1991—Subsec. (c). Pub. L. 102–25 struck out of this section after subsection (b) in two places in par. (1) and struck out of this subsection after paragraph (1) in pars. (2) to (4) and after paragraph (3) in par. (2).

1987—Subsec. (a). Pub. L. 100–26 inserted the term after In this section,.

1985—Subsec. (a). Pub. L. 99–145, §637(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: In this section, the term ‘engineering or scientific duty’ means service performed by an officer that requires an engineering or science degree and that requires a skill designated under regulations prescribed by the Secretary of Defense as critical and as a skill in which there is a critical shortage of officers in the armed force concerned.

Subsec. (b). Pub. L. 99–145, §637(a)(2), in provision preceding par. (1), substituted prescribed by the Secretary concerned for prescribed by the Secretary of Defense and officer of a uniformed service for officer of an armed force.

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §637(b), Nov. 8, 1985, 99 Stat. 649, provided that: The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985.

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.

U.S. Encyclopedia of Law Coverage

37-U.S.C.-308D in the Legal Encyclopedia: Uniformed Services

In this entry about 37-U.S.C.-308D, find legal reference material, bibliographies and premiere content related to uniformed services in the American Encyclopedia of Law, presenting a comprehensive view of the United States uniformed services-specific issues, written by authorities in the field.

37-U.S.C.-308E in the Legal Encyclopedia: Special Pays

In this entry about 37-U.S.C.-308E, find legal reference material, bibliographies and premiere content related to special pays in the American Encyclopedia of Law, presenting a comprehensive view of the United States special pays-specific issues, written by authorities in the field.

37-U.S.C.-306A in the Legal Encyclopedia: Payments

In this entry about 37-U.S.C.-306A, find legal reference material, bibliographies and premiere content related to payments in the American Encyclopedia of Law, presenting a comprehensive view of the United States payments-specific issues, written by authorities in the field.

37-U.S.C.-307 in the Legal Encyclopedia: Incentive Pays

In this entry about 37-U.S.C.-307, find legal reference material, bibliographies and premiere content related to incentive pays in the American Encyclopedia of Law, presenting a comprehensive view of the United States incentive pays-specific issues, written by authorities in the field.

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