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U.S. Code as of:
01/19/04
Section 302e. Special pay: nurse anesthetists
(a) Special Pay Authorized. - (1) An officer described in
subsection (b)(1) who, during the period beginning on November 29,
1989, and ending on December 31, 2004, executes a written agreement
to remain on active duty for a period of one year or more may, upon
the acceptance of the agreement by the Secretary concerned, be paid
incentive special pay in an amount not to exceed $50,000 for any
12-month period.
(2) The Secretary concerned shall determine the amount of
incentive special pay to be paid to an officer under paragraph (1).
In determining that amount, the Secretary concerned shall consider
the period of obligated service provided for in the agreement under
that paragraph.
(b) Covered Officers. - (1) An officer referred to in subsection
(a) is an officer of a uniformed service who -
(A) is an officer of the Nurse Corps of the Army or Navy, an
officer of the Air Force designated as a nurse, or an officer
designated as a nurse in the commissioned corps of the Public
Health Service;
(B) is a qualified certified registered nurse anesthetist; and
(C) is on active duty under a call or order to active duty for
a period of not less than one year.
(2) The Secretary of Defense may extend the special pay
authorized under subsection (a) to officers of the armed forces who
serve in a nursing specialty (other than as nurse anesthetists)
that -
(A) is designated by the Secretary of the military department
concerned as critical to meet requirements (whether such
specialty is designated as critical to meet wartime or peacetime
requirements); and
(B) requires postbaccalaureate education and training.
(c) Termination of Agreement. - Under regulations prescribed by
the Secretary of Defense, with respect to the Army, Navy, and Air
Force, and the Secretary of Health and Human Services, with respect
to the Public Health Service, the Secretary concerned may terminate
an agreement entered into under subsection (a). Upon termination of
an agreement, the entitlement of the officer to special pay under
this section and the agreed upon commitment to active duty of the
officer shall end. The officer may be required to refund that part
of the special pay corresponding to the unserved period of active
duty.
(d) Payment. - Special pay payable to an officer under subsection
(a) shall be paid annually at the beginning of the 12-month period
for which the officer is to receive that payment.
(e) Repayment. - (1) An officer who voluntarily terminates
service on active duty before the end of the period agreed to be
served under subsection (a) shall refund to the United States an
amount that bears the same ratio to the amount paid to the officer
as the unserved part of such period bears to the total period
agreed to be served.
(2) An obligation to reimburse 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 five 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 this subsection. This
paragraph applies to any case commenced under title 11 after
November 29, 1989.
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