|
U.S. Code as of:
01/19/04
Section 301c. Incentive pay: submarine duty
(a) Eligibility Requirements. - (1) Subject to regulations
prescribed by the President, a member of the naval service who is
entitled to basic pay, and (A) holds (or is in training leading to)
a submarine duty designator, (B) is in and remains in the submarine
service on a career basis, and (C) meets the requirements of
paragraph (3), is entitled to continuous monthly submarine duty
incentive pay in the amount prescribed pursuant to subsection (b).
(2) Subject to regulations prescribed by the President, a member
of the naval service who is entitled to basic pay but is not
entitled to continuous monthly submarine duty incentive pay under
paragraph (1) is entitled to submarine duty incentive pay in the
amount prescribed pursuant to subsection (b) for any period during
which such member performs frequent and regular operational
submarine duty (as defined in paragraph (5)) required by orders.
(3) To be entitled to continuous monthly submarine duty incentive
pay through 26 years of service (as computed under section 205 of
this title, but excluding, in the case of an officer, periods as an
enlisted member before initial appointment as an officer), a member
must perform operational submarine duties for at least 6 of the
first 12, and at least 10 of the first 18, years of his submarine
service. However, if a member performs the prescribed operational
submarine duties for at least 8 but less than 10 of the first 18
years of his submarine service, he is entitled to continuous
monthly submarine duty incentive pay for the first 22 years of his
service (as computed under section 205 of this title, but
excluding, in the case of an officer, periods as an enlisted member
before initial appointment as an officer).
(4) If upon completion of either 12 or 18 years of submarine
service it is determined that a member has failed to perform the
minimum prescribed operational submarine duty requirements during
the prescribed periods of time, his entitlement to continuous
monthly submarine duty incentive pay ceases. If entitlement to
continuous monthly submarine duty incentive pay ceases upon
completion of 12 years of submarine service, entitlement to that
pay may again commence upon completion of 18 years of submarine
service if the minimum operational submarine duty requirements have
been met, and such pay shall continue for the period of time
prescribed in accordance with this section. However, if entitlement
to continuous monthly submarine duty incentive pay ceases in the
case of any member at the completion of either 12 or 18 years of
submarine service or 26 years of service (as computed under section
205 of this title, but excluding, in the case of an officer,
periods as an enlisted member before initial appointment as an
officer), such member shall be entitled to that pay in the amount
prescribed pursuant to subsection (b) for the performance of
subsequent operational submarine duty, or for the performance of
service as a member of a submarine operational command staff, if
such member's duties require serving on a submarine during underway
operations.
(5) In this section:
(A) The term "operational submarine duty" means duty -
(i) while attached under competent orders to a submarine,
while serving as an operator or crew member of an operational
submersible (including an undersea exploration or research
vehicle), while undergoing training preliminary to assignment
to a nuclear-powered submarine, while undergoing rehabilitation
after assignment to a nuclear-powered submarine, or, in the
case of a member qualified in submarines, while attached as a
member of a submarine operational command staff whose duties
require serving on a submarine during underway operations -
(I) during one calendar month: 48 hours, except that hours
served underway in excess of 48 as a member of a submarine
operational command staff during any of the immediately
preceding five calendar months and not already used to
qualify for incentive pay may be applied to satisfy the
underway time requirements for the current month;
(II) during any two consecutive calendar months when the
requirements of subclause (I) of this clause have not been
met: 96 hours; or
(III) during any three consecutive calendar months when the
requirements of subclause (II) of this clause have not been
met: 144 hours;
(ii) while receiving instruction to prepare for assignment to
a submarine of advanced design, or
(iii) while receiving instruction to prepare for a position
of increased responsibility on a submarine.
(B) The term "submarine service" means the service performed,
under regulations prescribed by the Secretary of the Navy, by a
member, and the years of submarine service are computed beginning
with the effective date of the initial order to perform submarine
service.
(b) Monthly Rates. - The Secretary of the Navy shall prescribe
the monthly rates of submarine duty incentive pay, except that the
maximum monthly rate may not exceed $1,000.
(c) Exceptions. - (1) An officer who fails of selection for
assignment as an executive officer or commanding officer of a
submarine or who declines to serve in either such position may not
be paid submarine duty incentive pay except for periods during
which the officer is serving on a submarine during underway
operations.
(2) An enlisted member may not be paid continuous submarine duty
incentive pay while serving ashore between submarine sea duty
assignments unless the member has a sufficient period of enlistment
(including any extension of an enlistment) remaining to be
reassigned to submarine sea duty.
(d) Applicability to Certain Naval Reserve Duty. - Under
regulations prescribed by the President and to the extent provided
for by appropriations, when a member of the Naval Reserve who is
entitled to compensation under section 206 of this title, performs,
under orders, duty on a submarine during underway operations, he is
eligible for an increase in such compensation equal to
one-thirtieth of the monthly incentive pay prescribed pursuant to
subsection (b) for the performance of that duty by a member of a
corresponding grade and years of service who is entitled to basic
pay. Such a member is eligible for the increase for each day
served, for as long as he is qualified for it, during each regular
period of appropriate duty.
|
|