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U.S. Code as of:
01/19/04
Section 319. Special pay: surface warfare officer continuation pay
(a) Eligible Surface Warfare Officer Defined. - In this section,
the term "eligible surface warfare officer" means an officer of the
Regular Navy or Naval Reserve on active duty who -
(1) is qualified and serving as a surface warfare officer;
(2) has been selected for assignment as a department head on a
surface vessel; and
(3) has completed any service commitment incurred through the
officer's original commissioning program or is within one year of
completing such commitment.
(b) Special Pay Authorized. - An eligible surface warfare officer
who executes a written agreement to remain on active duty to
complete one or more tours of duty to which the officer may be
ordered as a department head on a surface vessel may, upon the
acceptance of the agreement by the Secretary of the Navy, be paid
an amount not to exceed $50,000.
(c) Proration. - The term of the written agreement under
subsection (b) and the amount payable under the agreement may be
prorated.
(d) Payment Methods. - Upon acceptance of the written agreement
under subsection (b) by the Secretary of the Navy, the total amount
payable pursuant to the agreement becomes fixed. The Secretary
shall prepare an implementation plan specifying the amount of each
installment payment under the agreement and the times for payment
of the installments.
(e) Additional Pay. - Any amount paid under this section is in
addition to any other pay and allowances to which an officer is
entitled.
(f) Repayment. - (1) If an officer who has entered into a written
agreement under subsection (b) and has received all or part of the
amount payable under the agreement fails to complete the total
period of active duty as a department head on a surface vessel
specified in the agreement, the Secretary of the Navy may require
the officer to repay the United States, to the extent that the
Secretary of the Navy determines conditions and circumstances
warrant, any or all sums paid under this section.
(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
(3) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an agreement entered into
under subsection (b) does not discharge the officer signing the
agreement from a debt arising under such agreement or under
paragraph (1).
(g) Regulations. - The Secretary of the Navy shall prescribe
regulations to carry out this section.
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