Historical and Revision Notes | ||
|---|---|---|
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
302(a)
302(b)
302(c) | 37:234(a). 37:234(b) (introductory clause and last proviso, less applicability to veterinarians). 37:234(b) (less introductory clause, less provisos, and less applicability to veterinarians). 37:234(b) (1st and 2d provisos, less applicability to veterinarians). | Oct. 12, 1949, ch. 681, § 203(a), (b) (less applicability to veterinarians), 63 Stat. 809; June 25, 1952, ch. 459, § 1, 66 Stat. 156; June 29, 1953, ch. 138, § 8 (less applicability to veterinarians), 67 Stat. 89; June 30, 1955, ch. 250, § 203, 69 Stat. 225; Apr. 30, 1956, ch. 223, § 5, 70 Stat. 122; Mar. 23, 1959, Pub. L. 86–4, § 5, 73 Stat. 13. |
In subsection (a), clause (1) is substituted for section 234(a)(1), (2), and (3) of existing title 37. The words “of the Regular Army or the Regular Navy” and “of the Regular Air Force” are inserted in clauses (1)(A) and (B), respectively, since, in contradistinction to section 234(a)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2) (A) and (B) are substituted for the enumeration of categories in section 234(a)(4) of existing title 37 to reflect current usage and designation of those categories. Clause (3) is substituted for section 234(a)(5) and (6) of existing title 37.
In subsection (c), the words “disability retirement pay” are omitted as covered by the words “retired pay”. Section 234(b) (2d proviso) of existing title 37 is omitted as obsolete.
2008—Subsec. (b)(1). Pub. L. 110–181 substituted “$75,000” for “$50,000”.
2006—Subsec. (c)(2). Pub. L. 109–163, § 687(b)(4)(A), added second sentence and struck out former second sentence which read as follows: “If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement.”
Subsec. (f). Pub. L. 109–163, § 687(b)(4)(B), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) or (b)(1) shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made.”
2002—Subsec. (b)(1). Pub. L. 107–314 inserted second sentence and struck out former second sentence which read as follows: “No payment to an officer under this subsection may exceed $16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992.”
2000—Subsec. (h)(1). Pub. L. 106–398 inserted before period at end “, including active duty in the form of annual training, active duty for training, and active duty for special work”.
1990—Subsec. (a)(3). Pub. L. 101–510 substituted “$7,000” for “$1,000”.
1989—Subsec. (a). Pub. L. 101–189, § 702(f)(1), inserted heading.
Subsec. (a)(2). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)” in introductory provisions.
Subsec. (a)(2)(C) to (I). Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$12,000” for “$10,000”, in subpar. (D), substituted “$11,500” for “$9,500”, in subpar. (E), substituted “$11,000” for “$9,000”, in subpar. (F), substituted “$10,000” for “$8,000”, in subpar. (G), substituted “$9,000” for “$7,000”, in subpar. (H), substituted “$8,000” for “$6,000”, and in subpar. (I), substituted “$7,000” for “$5,000”.
Subsec. (a)(3). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”.
Subsec. (a)(4). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “of this subsection” after “paragraph (2) or (3)”.
Pub. L. 101–189, § 702(b), struck out subpar. (A) designation, substituted “is entitled to additional special pay of $15,000” for “who has less than ten years of creditable service is entitled to additional special pay of $9,000”, and struck out subpar. (B) which read as follows: “Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has ten or more years of creditable service is entitled to additional special pay of $10,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training.”
Subsec. (a)(5). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (2) or (3)”.
Pub. L. 101–189, § 702(c), in subpar. (A), substituted “$2,500” for “$2,000”, in subpar. (B), substituted “$3,500” for “$2,500”, in subpar. (C), substituted “$4,000” for “$3,000”, in subpar. (D), substituted “$5,000” for “$4,000”, and in subpar. (E), substituted “$6,000” for “$5,000”.
Subsec. (b). Pub. L. 101–189, § 702(f)(2), inserted heading.
Subsec. (b)(1). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “subsection (a)(2)” and struck out “of this subsection” after “paragraph (2)”.
Pub. L. 101–189, § 702(d), substituted “$16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992” for “$8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill”.
Subsec. (b)(2). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”.
Subsec. (c). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)(4)” and “subsection (b)” in par. (1) and after “or (b)(1)” in par. (2).
Pub. L. 101–189, § 702(f)(3), inserted heading.
Subsec. (d). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “and (b)(1)” in par. (1) and after “subsection (a)(5)” in par. (2).
Pub. L. 101–189, § 702(f)(4), inserted heading.
Subsec. (e). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)” and “or (b)(1)”.
Pub. L. 101–189, § 702(f)(5), inserted heading.
Subsec. (f). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (b)(1)”.
Pub. L. 101–189, § 702(f)(6), inserted heading.
Subsec. (g). Pub. L. 101–189, § 702(f)(7), inserted heading.
Subsec. (h). Pub. L. 101–189, § 702(e), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows:
“(1) Any reserve officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer—
“(A) who has served on active duty as a medical officer for not less than one year; and
“(B) who is on active duty under a call or order to active duty for a period of less than one year;
is entitled to special pay in accordance with this subsection.
“(2) An officer described in paragraph (1) of this subsection is entitled to special pay at the rate of—
“(A) $100 a month for each month of active duty, if he has not completed two years of active duty; or
“(B) $350 a month for each month of active duty, if he has completed at least two years of active duty.”
Subsec. (i). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (f)”.
Pub. L. 101–189, § 702(f)(8), inserted heading.
1987—Subsec. (b)(1). Pub. L. 100–180, § 716(a)(1), (2), struck out “in an amount not to exceed $8,000” after “incentive special pay” and inserted at end “No payment to an officer under this subsection may exceed $8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill.”
Subsec. (b)(3). Pub. L. 100–180, § 716(a)(3), struck out par. (3) which read as follows: “The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed an amount equal to 6 percent of the total amount paid in such year for special pay under subsection (a) of this section and paragraph (1) of this subsection.”
1986—Subsec. (h)(1)(B). Pub. L. 99–661, § 1342(d), amended subpar. (B) generally, substituting “period of less than one year” for “period of not less than one year”.
Subsec. (i). Pub. L. 99–661, § 1343(b)(1), substituted “subsection (c)(2) or (f) of this section” for “paragraph (1) of this subsection”.
1985—Subsec. (h)(1)(B). Pub. L. 99–145, § 640(1), substituted “who is” for “is not”.
Subsec. (i). Pub. L. 99–145, § 640(2), added subsec. (i).
1980—Pub. L. 96–284, in revising text, added subsecs. (a) to (g) provisions covering special pay for medical officers of the armed forces, and struck out former provision for special pay of physicians in the Army, Navy, Air Force, and Public Health Service, amounting to $100 or $350 a month for each month of active duty in cases of active duty in named category of less than two years or two years or more of duty, now covered as to Public Health Service in section 302c of this title, and struck out prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay.
Subsec. (h). Pub. L. 96–513 added subsec. (h).
1974—Pub. L. 93–274 reduced for uniformed services physicians the present four steps of special pay, which require the completion of ten years of active duty before attaining eligibility for the $350 per month maximum down to two steps, with the maximum being reached upon completion of two years of active duty, and repealed provisions relating to special pay for dentists. See section 302b of this title.
1973—Subsec. (a). Pub. L. 93–64 substituted “
1971—Subsec. (a). Pub. L. 92–129 substituted “
1967—Subsec. (a). Pub. L. 90–40 substituted “
1966—Subsec. (b). Pub. L. 89–718 substituted “or” for “and” at end of par. (3).
1963—Subsec. (a). Pub. L. 88–2 substituted “
Subsec. (b)(3), (4). Pub. L. 88–132 increased monthly special pay of officers completing at least six years of active duty from $200 to $250 in par. (3), and officers completing at least 10 years of active duty from $250 to $350 in par. (4).
Amendment by Pub. L. 110–181 applicable with respect to agreements entered into under section 301d(a) or 302b(c) of this title on or after
Pub. L. 101–189, div. A, title VII, § 702(g), “(1) The amendments made by subsections (a) and (c) [amending this section] shall take effect on “(2) The amendments made by subsections (b) and (d) [amending this section] shall apply to an agreement entered into under section 302(c)(1) of title 37, United States Code, on or after the date of the enactment of this Act [“(3) The amendment made by subsection (e) [amending this section] shall take effect on
Amendment by section 1342(d) of Pub. L. 99–661 effective
Amendment by Pub. L. 96–513 effective
Pub. L. 96–284, § 8,
Pub. L. 93–274, § 2,
Amendment by Pub. L. 93–64 effective
Amendment by Pub. L. 88–132 effective
For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before
In case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after
Pub. L. 102–394, title II, § 207,
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–170, title II, § 207,
Pub. L. 101–517, title II, § 207,
Pub. L. 101–166, title II, § 208,
Pub. L. 100–202, § 101(h) [title II, § 208],
Pub. L. 101–189, div. A, title VII, § 703(e)–(g),
Pub. L. 100–456, div. A, title VI, § 612,
Pub. L. 100–456, div. A, title VI, § 613,
[Pub. L. 104–106, div. A, title VI, § 614(c)(2),
Pub. L. 96–513, title VI, § 641, “Any person—“(1) who before “(2) who after having so served on active duty for not less than one year received special pay under section 302 or 302b of title 37, United States Code, as in effect during the period beginning on shall be considered to have been entitled to such pay as if that part of such section, as in effect during such period, which read ‘who is on active duty for a period of at least one year’ read ‘who has served on active duty for not less than one year’.”
Pub. L. 96–284, § 7,