|
U.S. Code as of:
01/19/04
Section 301b. Special pay: aviation career officers extending period of active duty
(a) Bonus Authorized. - An aviation officer described in
subsection (b) who, during the period beginning on January 1, 1989,
and ending on December 31, 2004, executes a written agreement to
remain on active duty in aviation service for at least one year
may, upon the acceptance of the agreement by the Secretary
concerned, be paid a retention bonus as provided in this section.
(b) Covered Officers. - An aviation officer referred to in
subsection (a) is an officer of a uniformed service who -
(1) is entitled to aviation career incentive pay under section
301a of this title;
(2) is in a pay grade below pay grade O-7;
(3) is qualified to perform operational flying duty; and
(4) has completed any active duty service commitment incurred
for undergraduate aviator training or is within one year of
completing such commitment.
(c) Amount of Bonus. - The amount of a retention bonus paid under
this section may not be more than $25,000 for each year covered by
the written agreement to remain on active duty.
(d) Proration. - The term of an agreement under subsection (a)
and the amount of the bonus under subsection (c) may be prorated as
long as such agreement does not extend beyond the date on which the
officer making such agreement would complete 25 years of aviation
service.
(e) Payment of Bonus. - Upon the acceptance of a written
agreement under subsection (a) by the Secretary concerned, the
total amount payable pursuant to the agreement becomes fixed and
may be paid by the Secretary in either a lump sum or installments.
(f) Additional Pay. - A retention bonus paid under this section
is in addition to any other pay and allowances to which an officer
is entitled.
(g) Repayment of Bonus. - (1) If an officer who has entered into
a written agreement under subsection (a) and has received all or
part of a retention bonus under this section fails to complete the
total period of active duty specified in the agreement, the
Secretary concerned may require the officer to repay the United
States, on a pro rata basis and to the extent that the Secretary
determines conditions and circumstances warrant, all sums paid
under this section.
(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) A discharge in bankruptcy under title 11 that is entered less
than 5 years after the termination of a written agreement entered
into under subsection (a) does not discharge the officer signing
the agreement from a debt arising under such agreement or under
paragraph (1).
(h) Regulations. - The Secretaries concerned shall prescribe
regulations to carry out this section. Regulations prescribed by
the Secretary of a military department shall be subject to the
approval of the Secretary of Defense.
(i) Reports. - (1) Not later than February 15 of each year, the
Secretaries concerned shall submit to the Secretary of Defense a
report analyzing the effect of the provision of retention bonuses
to aviation officers during the preceding fiscal year on the
retention of qualified aviators.
(2) Not later than March 15 of each year, the Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives copies of the reports submitted to the Secretary
under paragraph (1) with regard to the preceding fiscal year,
together with such comments and recommendations as the Secretary
considers appropriate.
(j) Definitions. - In this section:
(1) The term "aviation service" means service performed by an
officer (except a flight surgeon or other medical officer) while
holding an aeronautical rating or designation or while in
training to receive an aeronautical rating or designation.
(2) The term "operational flying duty" has the meaning given
such term in section 301a(a)(6)(B) of this title.
|
|