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U.S. Code as of:
01/19/04
Section 302. Special pay: medical officers of the armed forces
(a) Variable, Additional, and Board Certification Special Pay. -
(1) An 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 and who is on active duty under a call or order to active
duty for a period of not less than one year is entitled to special
pay in accordance with this subsection.
(2) An officer described in paragraph (1) who is serving in a pay
grade below pay grade O-7 is entitled to variable special pay at
the following rates:
(A) $1,200 per year, if the officer is undergoing medical
internship training.
(B) $5,000 per year, if the officer has less than six years of
creditable service and is not undergoing medical internship
training.
(C) $12,000 per year, if the officer has at least six but less
than eight years of creditable service.
(D) $11,500 per year, if the officer has at least eight but
less than ten years of creditable service.
(E) $11,000 per year, if the officer has at least ten but less
than twelve years of creditable service.
(F) $10,000 per year, if the officer has at least twelve but
less than fourteen years of creditable service.
(G) $9,000 per year, if the officer has at least fourteen but
less than eighteen years of creditable service.
(H) $8,000 per year, if the officer has at least eighteen but
less than twenty-two years of creditable service.
(I) $7,000 per year, if the officer has twenty-two or more
years of creditable service.
(3) An officer described in paragraph (1) who is serving in a pay
grade above pay grade O-6 is entitled to variable special pay at
the rate of $7,000 per year.
(4) Subject to subsection (c), an officer entitled to variable
special pay under paragraph (2) or (3) is entitled to additional
special pay of $15,000 for any twelve-month period during which the
officer is not undergoing medical internship or initial residency
training.
(5) An officer who is entitled to variable special pay under
paragraph (2) or (3) and who is board certified is entitled to
additional special pay at the following rates:
(A) $2,500 per year, if the officer has less than ten years of
creditable service.
(B) $3,500 per year, if the officer has at least ten but less
than twelve years of creditable service.
(C) $4,000 per year, if the officer has at least twelve but
less than fourteen years of creditable service.
(D) $5,000 per year, if the officer has at least fourteen but
less than eighteen years of creditable service.
(E) $6,000 per year, if the officer has eighteen or more years
of creditable service.
(b) Incentive Special Pay. - (1) Subject to subsection (c) and
paragraph (2) and under regulations prescribed under section
303a(a) of this title, an officer who is entitled to variable
special pay under subsection (a)(2) may be paid incentive special
pay for any twelve-month period during which the officer is not
undergoing medical internship or initial residency training. The
amount of incentive special pay paid to an officer under this
subsection may not exceed $50,000 for any 12-month period.
(2) An officer is not eligible for incentive special pay under
paragraph (1) unless the Secretary concerned has determined that
such officer is qualified in the medical profession.
(c) Active-Duty Agreement. - (1) An officer may not be paid
additional special pay under subsection (a)(4) or incentive special
pay under subsection (b) for any twelve-month period unless the
officer first executes a written agreement under which the officer
agrees to remain on active duty for a period of not less than one
year beginning on the date the officer accepts the award of such
special pay.
(2) Under regulations prescribed by the Secretary of Defense
under section 303a(a) of this title, the Secretary of the military
department concerned may terminate at any time an officer's
entitlement to the special pay authorized by subsection (a)(4) or
(b)(1). 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.
(d) Regulations. - Regulations prescribed by the Secretary of
Defense under section 303a(a) of this title shall include standards
for determining -
(1) whether an officer is undergoing medical internship or
initial residency training for purposes of subsections (a)(2)(A),
(a)(2)(B), (a)(4), and (b)(1); and
(2) whether an officer is board certified for purposes of
subsection (a)(5).
(e) Frequency of Payments. - Special pay payable to an officer
under paragraphs (2), (3), and (5) of subsection (a) shall be paid
monthly. Special pay payable to an officer under subsection (a)(4)
or (b)(1) shall be paid annually at the beginning of the
twelve-month period for which the officer is entitled to such
payment.
(f) Refund for Period of Unserved Obligated Service. - 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.
(g) Determination of Creditable Service. - For purposes of this
section, creditable service of an officer is computed by adding -
(1) all periods which the officer spent in medical internship
or residency training during which the officer was not on active
duty; and
(2) all periods of active service in the Medical Corps of the
Army or Navy, as an officer of the Air Force designated as a
medical officer, or as a medical officer of the Public Health
Service.
(h) Reserve Medical Officers Special Pay. - (1) A reserve medical
officer described in paragraph (2) is entitled to special pay at
the rate of $450 a month for each month of active duty, including
active duty in the form of annual training, active duty for
training, and active duty for special work.
(2) A reserve medical officer referred to in paragraph (1) is a
reserve officer who -
(A) 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;
and
(B) is on active duty under a call or order to active duty for
a period of less than one year.
(i) Effect of Discharge in Bankruptcy. - A discharge in
bankruptcy under title 11 that is entered less than 5 years after
the termination of an agreement under this section does not
discharge the person signing such agreement from a debt arising
under such agreement or under subsection (c)(2) or (f). This
paragraph applies to any case commenced under title 11 after
September 30, 1985.
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