|
U.S. Code as of:
01/19/04
Section 304. Special pay: diving duty
(a) Under regulations prescribed by the Secretary concerned, a
member of a uniformed service who is entitled to basic pay is
entitled to special pay, in the amount set forth in subsection (b),
for periods during which the member -
(1) is assigned by orders to the duty of diving;
(2) is required to maintain proficiency as a diver by frequent
and regular dives; and
(3) either -
(A) actually performs diving duty while serving in an
assignment for which diving is a primary duty; or
(B) meets the requirements to maintain proficiency as
described in paragraph (2) while serving in an assignment that
includes diving duty other than as a primary duty.
(b) Special pay payable under subsection (a) shall be paid at a
rate of not more than $240 a month, in the case of an officer, and
at a rate of not more than $340 a month, in the case of an enlisted
member.
(c) If, in addition to diving duty, a member is assigned by
orders to one or more hazardous duties described in section 301 of
this title, the member may be paid, for the same period of service,
special pay under this section and incentive pay under such section
301 for each hazardous duty for which the member is qualified.
(d)(1) Under regulations prescribed by the Secretary concerned
and to the extent provided for by appropriations, when a member of
the National Guard or a reserve component of a uniformed service
who is entitled to compensation under section 206 of this title
performs diving duty, pursuant to orders, such member is entitled
to an increase in compensation equal to 1/30 of the monthly
special pay prescribed by the Secretary concerned for the
performance of diving duty by a member of comparable diving
classification who is entitled to basic pay under section 204 of
this title. Such member is entitled to the increase -
(A) for each regular period of instruction, or period of
appropriate duty, at which the member is engaged for at least two
hours, including that performed on a Sunday or holiday; or
(B) for the performance of such other equivalent training,
instruction, duty, or appropriate duties, as the Secretary may
prescribe under section 206(a) of this title.
(2) This subsection does not apply to a member who is entitled to
basic pay under section 204 of this title.
(e) In time of war, the President may suspend the payment of
diving duty pay.
|
|