|
|
|
U.S. Code as of:
01/19/04
Section 321. Special pay: judge advocate continuation pay
(a) Eligible Judge Advocate Defined. - In this section, the term
"eligible judge advocate" means an officer of the armed forces on
full-time active duty who -
(1) is qualified and serving as a judge advocate, as defined in
section 801 of title 10; and
(2) has completed -
(A) the active duty service obligation incurred through the
officer's original commissioning program; or
(B) in the case of an officer detailed under section 2004 of
title 10 or section 470 of title 14, the active duty service
obligation incurred as part of that detail.
(b) Special Pay Authorized. - An eligible judge advocate who
executes a written agreement to remain on active duty for a period
of obligated service specified in the agreement may, upon the
acceptance of the agreement by the Secretary concerned, be paid
continuation pay under this section. The total amount paid to an
officer under one or more agreements under this section may not
exceed $60,000.
(c) Proration. - The term of an agreement under subsection (b)
and the amount payable under the agreement may be prorated.
(d) Payment Methods. - Upon acceptance of an agreement under
subsection (b) by the Secretary concerned, 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 to an officer under this
section is in addition to any other pay and allowances to which the
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 specified in the agreement, the Secretary
concerned may require the officer to repay the United States, to
the extent that the Secretary 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 concerned shall prescribe
regulations to carry out this section.
|
|