Laws: Cases and Codes : U.S. Code : Title 37 : Section 302f


   
U.S. Code as of: 01/19/04
Section 302f. Special pay: reserve, recalled, or retained health care officers

      (a) Eligible for Special Pay. - A health care officer described
    in subsection (b) shall be eligible for special pay under section
    302, 302a, 302b, 302c, 302e, or 303 of this title (whichever
    applies) notwithstanding any requirement in those sections that - 
        (1) the call or order of the officer to active duty be for a
      period of not less than one year; or
        (2) the officer execute a written agreement to remain on active
      duty for a period of not less than one year.

      (b) Health Care Officers Described. - A health care officer
    referred to in subsection (a) is an officer of the armed forces who
    is otherwise eligible for special pay under section 302, 302a,
    302b, 302c, 302e, or 303 of this title and who - 
        (1) is a reserve officer on active duty (other than for
      training) under a call or order to active duty for a period of
      more than 30 days but less than one year;
        (2) is involuntarily retained on active duty under section
      12305 of title 10, or is recalled to active duty under section
      688 of title 10 for a period of more than 30 days; or
        (3) voluntarily agrees to remain on active duty for a period of
      less than one year at a time when - 
          (A) officers are involuntarily retained on active duty under
        section 12305 of title 10; or
          (B) the Secretary of Defense determines (pursuant to
        regulations prescribed by the Secretary) that special
        circumstances justify the payment of special pay under this
        section.

      (c) Monthly Payments. - Payment of special pay pursuant to this
    section may be made on a monthly basis. The officer shall refund
    any amount received under this section in excess of the amount that
    corresponds to the actual period of active duty served by the
    officer.
      (d) Special Rule for Reserve Medical and Dental Officers. - While
    a reserve medical or dental officer receives a special pay under
    section 302 or 302b of this title by reason of subsection (a), the
    officer shall not be entitled to special pay under section 302(h)
    or 302b(h) of this title.



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