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U.S. Code as of:
01/19/04
Section 301. Incentive pay: hazardous duty
(a) Subject to regulations prescribed by the President, a member
of a uniformed service who is entitled to basic pay is also
entitled to incentive pay, in the amount set forth in subsection
(b) or (c), for the performance of hazardous duty required by
orders. In this subsection, the term "hazardous duty" means duty -
(1) involving frequent and regular participation in aerial
flight as a crew member, as determined by the Secretary
concerned, except for a member who is entitled to incentive pay
under section 301a of this title;
(2) involving frequent and regular participation in aerial
flight, not as a crew member under paragraph (1);
(3) involving parachute jumping as an essential part of
military duty;
(4) involving the demolition of explosives as a primary duty,
including training for that duty;
(5) inside a high- or low-pressure chamber;
(6) as a human acceleration or deceleration experimental
subject;
(7) as a human test subject in thermal stress experiments;
(8) involving frequent and regular participation in flight
operations on the flight deck of an aircraft carrier or of a ship
other than an aircraft carrier from which aircraft are launched;
(9) involving frequent and regular exposure to highly toxic
pesticides or involving laboratory work that utilizes live
dangerous viruses or bacteria;
(10) involving (A) the servicing of aircraft or missiles with
highly toxic fuels or propellants, (B) the testing of aircraft or
missile systems (or components of such systems) during which
highly toxic fuels or propellants are used, or (C) the handling
of chemical munitions (or components of such munitions);
(11) involving regular participation as a member of a team
conducting visit, board, search, and seizure operations aboard
vessels in support of maritime interdiction operations;
(12) involving use of ski-equipped aircraft on the ground in
Antarctica or on the Arctic ice-pack; or
(13) involving frequent and regular participation in aerial
flight by a member who is serving as an air weapons controller
crew member (as defined by the Secretary concerned) aboard an
airborne warning and control system aircraft (as designated by
such Secretary) and who is not entitled to incentive pay under
section 301a of this title.
(b) For the performance of hazardous duty described in paragraph
(1) of subsection (a), a member is entitled to monthly incentive
pay as follows:
Pay Grade Monthly Rate
O-10 $150
O-9 150
O-8 150
O-7 150
O-6 250
O-5 250
O-4 225
O-3 175
O-2 150
O-1 150
W-5 250
W-4 250
W-3 175
W-2 150
W-1 150
E-9 240
E-8 240
E-7 240
E-6 215
E-5 190
E-4 165
E-3 150
E-2 150
E-1 150
(c)(1) For the performance of hazardous duty described in
paragraphs (2) through (12) of subsection (a), a member is entitled
to $150 a month. However, a member performing hazardous duty
described in paragraph (3) of that subsection who also performs as
an essential part of such duty parachute jumping in military free
fall operations involving parachute deployment by the jumper
without the use of a static line is entitled to $225 a month.
(2)(A) For the performance of hazardous duty described in
paragraph (13) of subsection (a), a member is entitled to monthly
incentive pay based upon his years of service as an air weapons
controller as follows:
Years of service as an air weapons controller
2 or Over 2 Over 3 Over 4 Over 6 Over 8 Over Over
less 10 12
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$200 $200 $200 $200 $200 $200 $200 $200
225 250 300 325 350 350 350 350
200 250 300 325 350 350 350 350
175 225 275 300 350 350 350 350
150 156 188 206 350 350 350 350
150 156 188 206 250 300 300 300
150 156 188 206 250 250 250 250
200 225 275 300 325 325 325 325
175 225 275 300 325 325 325 325
150 200 250 275 325 325 325 325
150 150 150 175 325 325 325 325
200 225 250 275 300 300 300 300
200 225 250 275 300 300 300 300
175 200 225 250 275 275 275 300
156 175 200 225 250 250 250 300
150 156 175 188 200 200 200 250
150 156 175 188 200 200 200 200
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Over Over Over Over Over Over Over
14 16 18 20 22 24 25
$200 $200 $200 $200 $200 $200 $150
350 350 350 300 250 250 225
350 350 350 300 250 250 225
350 350 350 300 250 250 225
350 350 300 275 250 225 200
300 300 275 245 210 200 180
250 250 245 210 200 180 150
325 325 325 276 250 225 200
325 325 325 325 250 225 200
325 325 325 275 250 225 200
325 325 325 275 250 225 200
300 300 300 275 230 200 200
300 300 300 265 230 200 200
300 300 300 265 230 200 200
300 300 300 265 230 200 200
250 250 250 225 200 175 150
200 200 200 175 150 150 150
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(B) For purposes of this paragraph, the years of service of a
member as an air weapons controller shall be computed, under
regulations prescribed by the Secretary concerned, from the date
the member begins training leading to a designation as an air
weapons controller, but there shall be excluded from such
computation any period of more than 90 days during which the member
performs primary duties other than as an air weapons controller.
(d) In time of war, the President may suspend the payment of
incentive pay for any hazardous duty described in subsection (a).
(e) A member is entitled to not more than two payments of
incentive pay, authorized by this section, for a period of time
during which he qualifies for more than one payment of that pay.
(f)(1) Under regulations prescribed by the President and to the
extent provided for by appropriations, when a member of a reserve
component of a uniformed service, or of the National Guard, who is
entitled to compensation under section 206 of this title, performs,
under orders, any duty described in subsection (a) for members
entitled to basic pay, he is entitled to an increase in
compensation equal to 1/30 of the monthly incentive pay
authorized by subsection (b) or (c), as the case may be, for the
performance of that hazardous duty by a member of a corresponding
grade who is entitled to basic pay. He is entitled to the increase
for as long as he is qualified for it, for each regular period of
instruction, or period of appropriate duty, at which he is engaged
for at least two hours, including that performed on a Sunday or
holiday, or for the performance of such other equivalent training,
instruction, duty, or appropriate duties, as the Secretary may
prescribe under section 206(a) of this title. This subsection does
not apply to a member who is entitled to basic pay under section
204 of this title for the entire month.
(2)(A) If in any calendar month a member performs duty as
described in paragraph (1) and while entitled to basic pay also
performs hazardous duty as described in the same paragraph of
subsection (a) as constitutes the predicate for his entitlement
under paragraph (1), the earned units of measuring entitlement for
incentive pay under this section shall be combined. If the sum of
units determined under the preceding sentence equals or exceeds the
minimum standard prescribed by the President for entitlement to pay
specified under subsections (b) and (c) for a member of
corresponding grade who is entitled to basic pay for the entire
relevant month, the member shall be entitled to an increase in
compensation equal to 1/30 of the monthly incentive pay authorized
by subsection (b) or (c) for the performance of that hazardous duty
by a member of corresponding grade who is entitled to basic pay for
the entire month.
(B) A member who qualifies for entitlement under this paragraph
is entitled to the increase for each day in the relevant month in
which he is entitled to basic pay pursuant to section 204 of this
title or to compensation under section 206 of this title.
(C) In this paragraph, the term,(!1) "units" means the
significant increments of performance prescribed as qualifying
standards in regulations promulgated by the President pursuant to
this section.
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