|
|
|
U.S. Code as of:
01/19/04
Section 314. Special pay or bonus: qualified members extending duty at designated locations overseas
(a) Covered Members. - This section applies with respect to a
member of an armed force who -
(1) is entitled to basic pay;
(2) has a specialty that is designated by the Secretary
concerned for the purposes of this section;
(3) has completed a tour of duty (as defined in accordance with
regulations prescribed by the Secretary concerned) at a location
outside the continental United States that is designated by the
Secretary concerned for the purposes of this section; and
(4) at the end of that tour of duty executes an agreement to
extend that tour for a period of not less than one year.
(b) Special Pay or Bonus Authorized. - Upon the acceptance by the
Secretary concerned of the agreement providing for an extension of
the tour of duty of a member described in subsection (a), the
member is entitled, at the election of the Secretary concerned, to
either -
(1) special pay in monthly installments in an amount prescribed
by the Secretary, but not to exceed $80 per month; or
(2) an annual bonus in an amount prescribed by the Secretary,
but not to exceed $2,000 per year.
(c) Selection and Payment of Special Pay or Bonus. - Not later
than the date on which the Secretary concerned accepts an agreement
described in subsection (a)(4) providing for the extension of a
member's tour of duty, the Secretary concerned shall notify the
member regarding whether the member will receive special pay or a
bonus under this section. The payment rate for the special pay or
bonus shall be fixed at the time of the agreement and may not be
changed during the period of the extended tour of duty. The
Secretary concerned may pay a bonus under this section either in a
lump sum or installments.
(d) Repayment of Bonus. - (1) A member who, having entered into a
written agreement to extend a tour of duty for a period under
subsection (a), receives a bonus payment under subsection (b)(2)
for a 12-month period covered by the agreement and ceases during
that 12-month period to perform the agreed tour of duty shall
refund to the United States the unearned portion of the bonus. The
unearned portion of the bonus is the amount by which the amount of
the bonus paid to the member exceeds the amount determined by
multiplying the amount of the bonus paid by the percent determined
by dividing 12 into the number of full months during which the
member performed the duty in the 12-month period.
(2) The Secretary concerned may waive the obligation of a member
to reimburse the United States under paragraph (1) if the Secretary
determines that conditions and circumstances warrant the waiver.
(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of the agreement does not
discharge the member signing the agreement from a debt arising
under the agreement or under paragraph (1). This paragraph applies
to any case commenced under title 11 on or after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1998.
(e) Effect of Rest and Recuperative Absence. - A member who
elects to receive one of the benefits specified in section 705(b)
of title 10 as part of the extension of a tour of duty is not
entitled to the special pay authorized by subsection (b)(1) for the
period of the extension of duty for which the benefit under such
section is provided.
|
|