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U.S. Code as of:
01/19/04
Section 312. Special pay: nuclear-qualified officers extending period of active service
(a) Under regulations to be prescribed by the Secretary of the
Navy, an officer of the naval service who -
(1) is entitled to basic pay;
(2) has the current technical qualification for duty in
connection with supervision, operation, and maintenance of naval
nuclear propulsion plants; and
(3) executes a written agreement to remain on active duty in
connection with supervision, operation, and maintenance of naval
nuclear propulsion plants for a period of three, four, or five
years, so long as the new period of obligated active service does
not extend beyond the end of 26 years of commissioned service, in
addition to any other period of obligated active service,
may, upon the acceptance by the Secretary or his designee of the
written agreement, in addition to all other compensation to which
he is entitled, be paid a sum of money not to exceed $25,000 for
each year of the active-service agreement. The Secretary of the
Navy shall determine annually the necessity for continuance of the
special pay and the rate of special pay per year for such
active-service agreements accepted within each 12-month period.
Upon acceptance of the agreement by the Secretary or his designee,
the total amount payable shall be paid in equal annual installments
over the length of the contract, commencing at the expiration of
any existing period of obligated active service. The Secretary (or
his designee) may accept an active service agreement under this
section not more than one year in advance of the end of an
officer's existing period of obligated active service under such an
agreement. In such a case, the amount of the special pay may be
paid commencing with the date of acceptance of the agreement, with
the number of installments being equal to the number of years
covered by the contract plus one.
(b) Pursuant to regulations prescribed by the Secretary of the
Navy and subject to such exceptions as may be prescribed in those
regulations, refunds, on a pro rata basis, of sums paid pursuant to
this section may be required if the officer having received the
payment fails to complete the full period of active duty in
connection with supervision, operation, and maintenance of naval
nuclear propulsion plants which he agreed to serve.
(c) Nothing in this section shall alter or modify the obligation
of a regular officer to perform active service at the pleasure of
the President. Completion of the additional period of active
service under this section shall in no way obligate the President
to accept a resignation submitted by a regular officer.
(d)(1) An officer who is performing obligated service under an
agreement under subsection (a) may, if the amount that may be paid
under such subsection is higher than at the time the officer
executed such agreement, execute a new agreement under that
subsection. The period of such an agreement shall be a period equal
to or exceeding the original period of the officer's existing
agreement, so long as the period of obligated active service under
the new agreement does not extend beyond the end of 26 years of
commissioned service. If a new agreement is executed under this
subsection, the existing active-service agreement shall be
cancelled, effective on the day before an anniversary date of that
agreement after the date on which the amount that may be paid under
this section is increased.
(2) This subsection shall be carried out under regulations
prescribed by the Secretary of the Navy.
(e) The provisions of this section shall be effective only in the
case of officers who, on or before December 31, 2004, execute the
required written agreement to remain in active service.
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