§327 — Title 37 Pay and Allowances of the Uniformed Services | U.S. Code

Summary

Allows a bonus of up to $10,000 for a member who signs a written deal to move from the regular or reserve part of one armed service to the regular or reserve part of another, and to serve at least three years in the place they transfer to. To sign up, the member must not have failed to finish a prior enlistment, must be allowed to reenlist or to continue service as an officer, and must meet the transfer rules the receiving service sets. The receiving service must say it needs trained people before it can offer the deal. The receiving service’s Secretary pays the bonus either in one lump sum when the transfer is approved by that service’s chief personnel officer, or in yearly payments the Secretary decides. The bonus is extra pay. If the member leaves early on their own or because of misconduct, they must repay under section 303a(e). The Secretaries must make rules to run the program, and rules from a military department need the Secretary of Defense’s approval. No new agreements can be made after December 31, 2018.

Title 37, §327

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

(a)A bonus under this section may be paid to an eligible member of a regular component or reserve component of an armed force who executes a written agreement—

(1)to transfer from such regular component or reserve component to a regular component or reserve component of another armed force; and

(2)to serve pursuant to such agreement for a period of not less than three years in the component to which transferred.

(b)A member is eligible to enter into an agreement under subsection (a) if, as of the date of the agreement, the member—

(1)has not failed to satisfactorily complete any term of enlistment in the armed forces;

(2)is eligible for reenlistment in the armed forces or, in the case of an officer, is eligible to continue in service in a regular or reserve component of the armed forces; and

(3)has fulfilled such requirements for transfer to the component of the armed force to which the member will transfer as the Secretary having jurisdiction over such armed force shall establish.

(c)A member may enter into an agreement under subsection (a) to transfer to a regular component or reserve component of another armed force only if the Secretary having jurisdiction over such armed force determines that there is shortage of trained and qualified personnel in such component.

(d)(1)A bonus under this section may not exceed $10,000.

(2)A bonus under this section shall be paid by the Secretary having jurisdiction of the armed force to which the member to be paid the bonus is transferring.

(3)A bonus under this section shall, at the election of the Secretary paying the bonus—

(A)be disbursed to the member in one lump sum when the transfer for which the bonus is paid is approved by the chief personnel officer of the armed force to which the member is transferring; or

(B)be paid to the member in annual installments in such amounts as may be determined by the Secretary paying the bonus.

(e)A bonus paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

(f)A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall be subject to the repayment provisions of section 303a(e) of this title.

(g)The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department under this subsection shall be subject to the approval of the Secretary of Defense.

(h)No agreement under this section may be entered into after December 31, 2018.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (h). Pub. L. 115–91 substituted “

December 31, 2018” for “

December 31, 2017”. 2016—Subsec. (h). Pub. L. 114–328 substituted “

December 31, 2017” for “

December 31, 2016”. 2015—Subsec. (h). Pub. L. 114–92 substituted “

December 31, 2016” for “

December 31, 2015”. 2014—Subsec. (h). Pub. L. 113–291 substituted “

December 31, 2015” for “

December 31, 2014”. 2013—Subsec. (h). Pub. L. 113–66 substituted “

December 31, 2014” for “

December 31, 2013”. Pub. L. 112–239 substituted “

December 31, 2013” for “

December 31, 2012”. 2011—Subsec. (h). Pub. L. 112–81 substituted “

December 31, 2012” for “

December 31, 2011”. Pub. L. 111–383 substituted “

December 31, 2011” for “

December 31, 2010”. 2009—Subsec. (h). Pub. L. 111–84 substituted “

December 31, 2010” for “

December 31, 2009”. 2006—Subsec. (d)(1). Pub. L. 109–364, § 620(a), substituted “$10,000” for “$2,500”. Subsec. (f). Pub. L. 109–163, § 687(b)(35), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “(1) A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid such member as the period which such member failed to serve bears to the total period for which the bonus was paid. “(2) An obligation to reimburse 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 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under paragraph (1).” Subsec. (h). Pub. L. 109–364, § 614(h), substituted “2009” for “2006”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 Amendment Pub. L. 109–364, div. A, title VI, § 620(b), Oct. 17, 2006, 120 Stat. 2252, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 327 of title 37, United States Code, on or after that date.”

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.

§327 Incentive Bonus: Transfer Between Armed Forces

Summary

Title 37, §327

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Savings Provision

Savings Provision

Citations & Metadata