§302 Special pay: medical officers of the armed forces

Revised sectionSource (U.S. Code)Source (Statutes at Large) 302(a) 302(b) 302(c)37:234(a).37:234(b) (introductory clause and last proviso, less applicability to veterinarians).37:234(b) (less introductory clause, less provisos, and less applicability to veterinarians).37:234(b) (1st and 2d provisos, less applicability to veterinarians).Oct. 12, 1949, ch. 681, § 203(a), (b) (less applicability to veterinarians), 63 Stat. 809;

June 25, 1952, ch. 459, § 1, 66 Stat. 156;

June 29, 1953, ch. 138, § 8 (less applicability to veterinarians), 67 Stat. 89;

June 30, 1955, ch. 250, § 203, 69 Stat. 225; Apr. 30, 1956, ch. 223, § 5, 70 Stat. 122; Mar. 23, 1959, Pub. L. 86–4, § 5, 73 Stat. 13. In subsection (a), clause (1) is substituted for section 234(a)(1), (2), and (3) of existing title 37. The words “of the Regular Army or the Regular Navy” and “of the Regular Air Force” are inserted in clauses (1)(A) and (B), respectively, since, in contradistinction to section 234(a)(4) of existing title 37, their source was intended to apply only to regular officers. Clauses (2) (A) and (B) are substituted for the enumeration of categories in section 234(a)(4) of existing title 37 to reflect current usage and designation of those categories. Clause (3) is substituted for section 234(a)(5) and (6) of existing title 37. In subsection (c), the words “disability retirement pay” are omitted as covered by the words “retired pay”. section 234(b) (2d proviso) of existing title 37 is omitted as obsolete.

2008—Subsec. (b)(1). Pub. L. 110–181 substituted “$75,000” for “$50,000”. 2006—Subsec. (c)(2). Pub. L. 109–163, § 687(b)(4)(A), added second sentence and struck out former second sentence which read as follows: “If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement.” Subsec. (f). Pub. L. 109–163, § 687(b)(4)(B), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) or (b)(1) shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made.” 2002—Subsec. (b)(1). Pub. L. 107–314 inserted second sentence and struck out former second sentence which read as follows: “No payment to an officer under this subsection may exceed $16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992.” 2000—Subsec. (h)(1). Pub. L. 106–398 inserted before period at end “, including active duty in the form of annual training, active duty for training, and active duty for special work”. 1990—Subsec. (a)(3). Pub. L. 101–510 substituted “$7,000” for “$1,000”. 1989—Subsec. (a). Pub. L. 101–189, § 702(f)(1), inserted heading. Subsec. (a)(2). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)” in introductory provisions. Subsec. (a)(2)(C) to (I). Pub. L. 101–189, § 702(a), in subpar. (C), substituted “$12,000” for “$10,000”, in subpar. (D), substituted “$11,500” for “$9,500”, in subpar. (E), substituted “$11,000” for “$9,000”, in subpar. (F), substituted “$10,000” for “$8,000”, in subpar. (G), substituted “$9,000” for “$7,000”, in subpar. (H), substituted “$8,000” for “$6,000”, and in subpar. (I), substituted “$7,000” for “$5,000”. Subsec. (a)(3). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”. Subsec. (a)(4). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “of this subsection” after “paragraph (2) or (3)”. Pub. L. 101–189, § 702(b), struck out subpar. (A) designation, substituted “is entitled to additional special pay of $15,000” for “who has less than ten years of creditable service is entitled to additional special pay of $9,000”, and struck out subpar. (B) which read as follows: “Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has ten or more years of creditable service is entitled to additional special pay of $10,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training.” Subsec. (a)(5). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (2) or (3)”. Pub. L. 101–189, § 702(c), in subpar. (A), substituted “$2,500” for “$2,000”, in subpar. (B), substituted “$3,500” for “$2,500”, in subpar. (C), substituted “$4,000” for “$3,000”, in subpar. (D), substituted “$5,000” for “$4,000”, and in subpar. (E), substituted “$6,000” for “$5,000”. Subsec. (b). Pub. L. 101–189, § 702(f)(2), inserted heading. Subsec. (b)(1). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (c)” and “subsection (a)(2)” and struck out “of this subsection” after “paragraph (2)”. Pub. L. 101–189, § 702(d), substituted “$16,000 for any twelve-month period beginning in fiscal year 1990, $22,000 for any twelve-month period beginning in fiscal year 1991, $29,000 for any twelve-month period beginning in fiscal year 1992, and $36,000 for any twelve-month period beginning after fiscal year 1992” for “$8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill”. Subsec. (b)(2). Pub. L. 101–189, § 702(f)(9), struck out “of this subsection” after “paragraph (1)”. Subsec. (c). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)(4)” and “subsection (b)” in par. (1) and after “or (b)(1)” in par. (2). Pub. L. 101–189, § 702(f)(3), inserted heading. Subsec. (d). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “and (b)(1)” in par. (1) and after “subsection (a)(5)” in par. (2). Pub. L. 101–189, § 702(f)(4), inserted heading. Subsec. (e). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “subsection (a)” and “or (b)(1)”. Pub. L. 101–189, § 702(f)(5), inserted heading. Subsec. (f). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (b)(1)”. Pub. L. 101–189, § 702(f)(6), inserted heading. Subsec. (g). Pub. L. 101–189, § 702(f)(7), inserted heading. Subsec. (h). Pub. L. 101–189, § 702(e), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “(1) Any reserve officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer— “(A) who has served on active duty as a medical officer for not less than one year; and “(B) who is on active duty under a call or order to active duty for a period of less than one year; is entitled to special pay in accordance with this subsection. “(2) An officer described in paragraph (1) of this subsection is entitled to special pay at the rate of— “(A) $100 a month for each month of active duty, if he has not completed two years of active duty; or “(B) $350 a month for each month of active duty, if he has completed at least two years of active duty.” Subsec. (i). Pub. L. 101–189, § 702(f)(9), struck out “of this section” after “or (f)”. Pub. L. 101–189, § 702(f)(8), inserted heading. 1987—Subsec. (b)(1). Pub. L. 100–180, § 716(a)(1), (2), struck out “in an amount not to exceed $8,000” after “incentive special pay” and inserted at end “No payment to an officer under this subsection may exceed $8,000 for any twelve-month period unless the Secretary concerned determines that the officer is qualified and serving in a health profession skill which has been designated by the Secretary concerned as a critically needed wartime skill.” Subsec. (b)(3). Pub. L. 100–180, § 716(a)(3), struck out par. (3) which read as follows: “The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed an amount equal to 6 percent of the total amount paid in such year for special pay under subsection (a) of this section and paragraph (1) of this subsection.” 1986—Subsec. (h)(1)(B). Pub. L. 99–661, § 1342(d), amended subpar. (B) generally, substituting “period of less than one year” for “period of not less than one year”. Subsec. (i). Pub. L. 99–661, § 1343(b)(1), substituted “subsection (c)(2) or (f) of this section” for “paragraph (1) of this subsection”. 1985—Subsec. (h)(1)(B). Pub. L. 99–145, § 640(1), substituted “who is” for “is not”. Subsec. (i). Pub. L. 99–145, § 640(2), added subsec. (i). 1980—Pub. L. 96–284, in revising text, added subsecs. (a) to (g) provisions covering special pay for medical officers of the armed forces, and struck out former provision for special pay of physicians in the Army, Navy, Air Force, and Public Health Service, amounting to $100 or $350 a month for each month of active duty in cases of active duty in named category of less than two years or two years or more of duty, now covered as to Public Health Service in section 302c of this title, and struck out prohibition against inclusion of active duty monthly special pay in computation of amount of increase in pay authorized in any other provision of this title or in computation of retired pay or severance pay. Subsec. (h). Pub. L. 96–513 added subsec. (h). 1974—Pub. L. 93–274 reduced for uniformed services physicians the present four steps of special pay, which require the completion of ten years of active duty before attaining eligibility for the $350 per month maximum down to two steps, with the maximum being reached upon completion of two years of active duty, and repealed provisions relating to special pay for dentists. See section 302b of this title. 1973—Subsec. (a). Pub. L. 93–64 substituted “

July 1, 1975” for “

July 1, 1973” wherever appearing. 1971—Subsec. (a). Pub. L. 92–129 substituted “

July 1, 1973” for “

July 1, 1971” wherever appearing. 1967—Subsec. (a). Pub. L. 90–40 substituted “

July 1, 1971” for “

July 1, 1967” wherever appearing. 1966—Subsec. (b). Pub. L. 89–718 substituted “or” for “and” at end of par. (3). 1963—Subsec. (a). Pub. L. 88–2 substituted “

July 1, 1967” for “

July 1, 1963” wherever appearing. Subsec. (b)(3), (4). Pub. L. 88–132 increased monthly special pay of officers completing at least six years of active duty from $200 to $250 in par. (3), and officers completing at least 10 years of active duty from $250 to $350 in par. (4).

Amendment by Pub. L. 96–513 effective

July 1, 1980, see section 701(b)(2) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. Pub. L. 96–284, § 8,

June 28, 1980, 94 Stat. 594, provided that: “The

of 1974 Amendment Pub. L. 93–274, § 2,

May 6, 1974, 88 Stat. 96, as amended by Pub. L. 94–273, § 2(18), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94–361, title III, § 305,

July 14, 1976, 90 Stat. 926; Pub. L. 95–114, § 1, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95–485, title VIII, § 801(a), Oct. 20, 1978, 92 Stat. 1619, which provided that the

relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces. Application of IncreaseIn case of amendment by section 615 of Pub. L. 107–314 to increase maximum amount of special pay or bonus that may be paid during any 12-month period, the amended limitation is applicable to 12-month periods beginning after Sept. 30, 2002, see section 615(i) of Pub. L. 107–314, set out as a note under section 301d of this title. Prohibition on Use of Appropriations To Pay Bonuses to Certain Regular or Reserve Medical Officers of Public Health Service Pub. L. 102–394, title II, § 207, Oct. 6, 1992, 106 Stat. 1811, provided that: “None of the funds made available by this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts shall be used to provide special retention pay (bonuses) under paragraph (4) of 37 U.S.C. 302(a) to any regular or reserve medical officer of the Public Health Service for any period during which the officer is assigned to the clinical, research, or staff associate program administered by the National Institutes of Health or the Substance Abuse and Mental Health Services Administration.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–170, title II, § 207, Nov. 26, 1991, 105 Stat. 1127. Pub. L. 101–517, title II, § 207, Nov. 5, 1990, 104 Stat. 2209. Pub. L. 101–166, title II, § 208, Nov. 21, 1989, 103 Stat. 1177. Pub. L. 100–202, § 101(h) [title II, § 208], Dec. 22, 1987, 101 Stat. 1329–256, 1329–274. Medical Officer Retention Bonus Pub. L. 101–189, div. A, title VII, § 703(e)–(g), Nov. 29, 1989, 103 Stat. 1470, 1471, as amended by Pub. L. 102–25, title VII, § 705(b), Apr. 6, 1991, 105 Stat. 120, provided that, in the case of an agreement that was executed by a medical officer under section 612 of Pub. L. 100–456, formerly set out below, before Oct. 1, 1989, but that was not accepted by the Secretary concerned solely because of the limitation contained in section 612(h), the Secretary concerned could accept such agreement during the 90-day period beginning on Nov. 29, 1989. Pub. L. 100–456, div. A, title VI, § 612, Sept. 29, 1988, 102 Stat. 1979, as amended by Pub. L. 101–189, div. A, title VII, § 703(a)–(d), Nov. 29, 1989, 103 Stat. 1469, 1470, provided that a covered medical officer who, during the period beginning on Jan. 1, 1989, and ending on Sept. 30, 1990, executed a written agreement to remain on active duty for at least two years after completion of any other active-duty service commitment could, upon acceptance of the written agreement by the Secretary concerned, be paid a retention bonus as provided in this section. Special Pay for Critically Short Wartime Health Specialists in Selected Reserve Pub. L. 100–456, div. A, title VI, § 613, Sept. 29, 1988, 102 Stat. 1981, as amended by Pub. L. 101–510, div. A, title VI, § 616, Nov. 5, 1990, 104 Stat. 1578; Pub. L. 103–160, div. A, title VI, § 613(g), Nov. 30, 1993, 107 Stat. 1681; Pub. L. 103–337, div. A, title VI, § 613(f), Oct. 5, 1994, 108 Stat. 2783; Pub. L. 104–106, div. A, title XV, § 1502(c)(5), Feb. 10, 1996, 110 Stat. 508, which established a pilot test program of special pay for officers of reserve components of the Armed Forces in critically short wartime health care professions who agreed to serve in the Selected Reserve, was repealed and reenacted as section 302g of this title by Pub. L. 104–106, div. A, title VI, § 614(a)(1), (c)(1), Feb. 10, 1996, 110 Stat. 360, 361. [Pub. L. 104–106, div. A, title VI, § 614(c)(2), Feb. 10, 1996, 110 Stat. 361, provided that: “The provisions of section 613 of the National Defense Authorization Act, Fiscal Year 1989 [Pub. L. 100–456, formerly set out as a note above], as in effect on the day before the date of the enactment of this Act [Feb. 10, 1996], shall continue to apply to agreements entered into under such section before such date.” ] Preservation of Entitlement for Reserve Medical Officers Pub. L. 96–513, title VI, § 641, Dec. 12, 1980, 94 Stat. 2954, as amended by Pub. L. 97–22, § 8(o),

July 10, 1981, 97 Stat. 136, provided that: “Any person—“(1) who before

June 30, 1980, served on active duty for not less than one year as a reserve officer of the Medical Corps or Dental Corps of the Army or the Medical Corps or Dental Corps of the Navy, as a reserve officer of the Air Force designated as a medical officer or dental officer, or as a reserve medical officer or dental officer of the Public Health Service; and “(2) who after having so served on active duty for not less than one year received special pay under section 302 or 302b of title 37, United States Code, as in effect during the period beginning on

May 6, 1974, and ending on

June 30, 1980, for service performed during such period, shall be considered to have been entitled to such pay as if that part of such section, as in effect during such period, which read ‘who is on active duty for a period of at least one year’ read ‘who has served on active duty for not less than one year’.” Transition Provisions Pub. L. 96–284, § 7,

June 28, 1980, 94 Stat. 593, provided that: “Notwithstanding any provision of the