Laws: Cases and Codes : U.S. Code : Title 37 : Section 305a


   
U.S. Code as of: 01/19/04
Section 305a. Special pay: career sea pay

      (a) Availability of Special Pay. - A member of a uniformed
    service who is entitled to basic pay is also entitled, while on sea
    duty, to special pay at the applicable rate under subsection (b).
      (b) Rates; Maximum. - The Secretary concerned shall prescribe the
    monthly rates for special pay applicable to members of each armed
    force under the Secretary's jurisdiction. No monthly rate may
    exceed $750.
      (c) Premium. - A member of a uniformed service entitled to career
    sea pay under this section who has served 36 consecutive months of
    sea duty is also entitled to a career sea pay premium for the
    thirty-seventh consecutive month and each subsequent consecutive
    month of sea duty served by such member. The monthly amount of the
    premium shall be prescribed by the Secretary concerned, but may not
    exceed $350.
      (d) Regulations. - The Secretary concerned shall prescribe
    regulations for the administration of this section for the armed
    force or armed forces under the jurisdiction of the Secretary. The
    entitlements under this section shall be subject to the
    regulations.
      (e) Definition of Sea Duty. - (1) In this section, the term "sea
    duty" means duty performed by a member - 
        (A) while permanently or temporarily assigned to a ship and - 
          (i) while serving on a ship the primary mission of which is
        accomplished while under way;
          (ii) while serving as a member of the off-crew of a
        two-crewed submarine; or
          (iii) while serving as a member of a tender-class ship (with
        the hull classification of submarine or destroyer); or

        (B) while permanently or temporarily assigned to a ship and
      while serving on a ship the primary mission of which is normally
      accomplished while in port, but only during a period that the
      ship is away from its homeport.

      (2) The Secretary concerned may designate duty performed by a
    member while serving on a ship the primary mission of which is
    accomplished either while under way or in port as "sea duty" for
    purposes of this section, even though the duty is performed while
    the member is permanently or temporarily assigned to a ship-based
    staff or other unit not covered by paragraph (1).
      (3) For the purpose of determining the years of sea duty with
    which a member may be credited for purposes of this section, the
    term "sea duty" also includes duty performed after December 31,
    1988, by a member while permanently or temporarily assigned to a
    ship or ship-based staff and while serving on a ship on which the
    member would be entitled, during a period that the ship is away
    from its homeport, to receive sea pay by reason of paragraph
    (1)(B).
      (4) A ship shall be considered to be away from its homeport for
    purposes of this subsection when it is - 
        (A) at sea; or
        (B) in a port that is more than 50 miles from its homeport.



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