Title 37, Pay and Allowances of the Uniformed ServicesRelease 119-110

§325 Incentive Bonus: Savings Plan for Education Expenses and Other Contingencies

Title 37 › CHAPTER 5 — SPECIAL AND INCENTIVE PAYS › SUBCHAPTER I — EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES › § 325

Last updated Sep 22, 2026|Official source

Summary

The Secretary can buy U.S. savings bonds for a service member who agrees to serve extra time in a job the Secretary calls "critical." The extra service must be at least 6 years and cannot count time already paid for under this program. Enlisted members show this by reenlisting; officers sign an agreement. How much depends on when the member makes the commitment. If done before 3 years of active duty, the bonds total $5,000. If done after 3 but not more than 9 years, the bonds equal the amount by which $15,000 exceeds any bonds already bought for that member. If done after 9 years, the bonds equal the amount by which $30,000 exceeds any prior bonds. The benefit equals the bond purchase price plus the tax amount that would have been withheld if the benefit were paid as a cash bonus; that tax is withheld like pay deductions. If the member does not finish the required service, they must repay under 303a(e). The bonds are extra to any other special pay. The Defense and Homeland Security Secretaries make the rules.

Full Legal Text

Title 37, §325

Pay and Allowances of the Uniformed Services, Source: USLM XML via OLRC

(a)Benefit and Eligibility.—
The Secretary concerned may purchase United States savings bonds under this section for a member of the armed forces who is eligible as follows:
(1)A member who, before completing three years of service on active duty, enters into a commitment to perform qualifying service.
(2)A member who, after completing three years of service on active duty, but not more than nine years of service on active duty, enters into a commitment to perform qualifying service.
(3)A member who, after completing nine years of service on active duty, enters into a commitment to perform qualifying service.
(b)Qualifying Service.—
For the purposes of this section, qualifying service is service on active duty in a specialty designated by the Secretary concerned as critical to meet requirements (whether or not such specialty is designated as critical to meet wartime or peacetime requirements) for a period that—
(1)is not less than six years; and
(2)does not include any part of a period for which the member is obligated to serve on active duty under an enlistment or other agreement for which a benefit has previously been paid under this section.
(c)Forms of Commitment to Additional Service.—
For the purposes of this section, a commitment means—
(1)in the case of an enlisted member, a reenlistment; and
(2)in the case of a commissioned officer, an agreement entered into with the Secretary concerned.
(d)Amounts of Bonds.—
The total of the face amounts of the United States savings bonds authorized to be purchased for a member under this section for a commitment shall be as follows:
(1)In the case of a purchase for a member under paragraph (1) of subsection (a), $5,000.
(2)In the case of a purchase for a member under paragraph (2) of subsection (a), the amount equal to the excess of $15,000 over the total of the face amounts of any United States savings bonds previously purchased for the member under this section.
(3)In the case of a purchase for a member under paragraph (3) of subsection (a), the amount equal to the excess of $30,000 over the total of the face amounts of any United States savings bonds previously purchased for the member under this section.
(e)Total Amount of Benefit.—
The total amount of the benefit authorized for a member when United States savings bonds are purchased for the member under this section by reason of a commitment by that member shall be the sum of— (1)
(2)the amounts that would be deducted and withheld for the payment of individual income taxes if the total amount computed under this subsection for that commitment were paid to the member as a bonus.
(f)Amount Withheld for Taxes.—
The total amount payable for a member under subsection (e)(2) for a commitment by that member shall be withheld, credited, and otherwise treated in the same manner as amounts deducted and withheld from the basic pay of the member.
(g)Repayment.—
If a person does not complete the qualifying service for which the person is obligated under a commitment for which a benefit has been paid under this section, the person shall be subject to the repayment provisions of section 303a(e) of this title.
(h)Relationship to Other Special Pays.—
The benefit authorized under this section is in addition to any other bonus or incentive or special pay that is paid or payable to a member under any other provision of this chapter for any portion of the same qualifying service.
(i)Regulations.—
This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (g). Pub. L. 109–163, amended heading and text of subsec. (g) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when person fails to complete qualifying service for which person is obligated under commitment for which benefit was paid. 2002—Subsec. (i). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date

Pub. L. 107–107, div. A, title VI, § 622(b), Dec. 28, 2001, 115 Stat. 1142, provided that: “Section 325 of title 37, United States Code, as added by subsection (a), shall apply with respect to reenlistments and other agreements for qualifying service, as described in that section, that are entered into on or after October 1, 2001.”

Savings Provision

For

Savings Provision

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.

Reference

Citations & Metadata

Citation

37 U.S.C. § 325

Title 37, Pay and Allowances of the Uniformed Services

Last Updated

Sep 22, 2026

Release point: 119-110