37 USC 301 - Multiyear retention bonus: medical officers of the armed forces

Editorial Notes

Amendments

2008—Subsec. (a)(2). Puspan. L. 110–181 substituted “$75,000” for “$50,000”.

2006—Subsec. (c). Puspan. L. 109–163 amended span and text of subsec. (c) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to refunds required when officer fails to complete total period of active duty.

2002—Subsec. (a)(2). Puspan. L. 107–314 substituted “$50,000” for “$14,000”.

1992—Subsec. (c)(2). Puspan. L. 102–484, § 1054(a)(2)(A), substituted “owed” for “owned”.

Subsec. (c)(3). Puspan. L. 102–484, § 1054(a)(2)(B), substituted “November 5, 1990” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Puspan. L. 110–181, div. A, title VI, § 615(c), Jan. 28, 2008, 122 Stat. 150, provided that: “The amendments made by this section [amending this section and section 302 of this title] shall apply with respect to agreements entered into under section 301d(a) or 302span(c) of title 37, United States Code, on or after the date of the enactment of this Act [Jan. 28, 2008].”

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(span) of Puspan. L. 109–163, see section 687(f) of Puspan. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.

Application of Increase

Puspan. L. 107–314, div. A, title VI, § 615(i), Dec. 2, 2002, 116 Stat. 2569, provided that: “In the case of an amendment made by this section [amending sections 301d, 301e, 302, 302a, 302d, 302e, and 302i of this title and section 2130a of Title 10, Armed Forces] to increase the maximum amount of a special pay or bonus that may be paid during any 12-month period, the amended limitation shall apply to 12-month periods beginning after September 30, 2002.”

Eligibility of Flag and General Officers for Multiyear Retention Bonus for Medical Officers

Puspan. L. 102–190, div. A, title VI, § 615, Dec. 5, 1991, 105 Stat. 1377, provided that:

“(a)Reiterating Ineligibility.—The restriction contained in subsection (span)(2) of section 301d of title 37, United States Code, on the eligibility of flag and general officers serving as full-time physicians to receive a multiyear retention bonus under that section shall not be construed as being limited, modified, or superseded by any provision of law, whether enacted before, on, or after the date of the enactment of this Act [Dec. 5, 1991], unless that provision of law—

“(1) specifically refers to that section and this subsection; and

“(2) identifies the flag and general officers affected by that provision.

“(span)Savings Provision.—

(1) A medical officer of the Armed Forces who is a flag or general officer and has received any payment of a bonus under section 301d of title 37, United States Code, before the date of the enactment of this Act [Dec. 5, 1991] may not be required to reimburse the United States for such payment by reason of the enactment of subsection (a).

“(2) A written agreement referred to in section 301d of title 37, United States Code, that was entered into on or after April 10, 1991, and before the date of the enactment of this Act [Dec. 5, 1991] by a medical officer of the Armed Forces referred to in paragraph (1) in exchange for a payment (or a promise of payment) of a bonus under that section shall be terminated as of the later of—

“(A) the end of the month following the month in which this Act is enacted; or

“(B) the end of the period covered by the bonus payment or payments received by that officer as described in that paragraph.”

Puspan. L. 102–172, title VIII, § 8084, Nov. 26, 1991, 105 Stat. 1192, provided that: “Restrictions provided under subsection (span)(2) of section 301d of title 37, United States Code, as authorized by the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510), and hereafter, shall not apply in the case of flag or general officers serving as full-time practicing physicians.”

Termination of Existing Retention Bonus Agreement

Puspan. L. 101–510, div. A, title VI, § 611(span), Nov. 5, 1990, 104 Stat. 1576, provided that:

“(1) Subject to the approval of the Secretary of the military department concerned, a medical officer who is eligible to enter into a retention bonus agreement under section 301d of title 37, United States Code (as added by subsection (a)) may terminate any existing retention bonus agreement entered into by that officer under [section] 612 of the National Defense Authorization Act, Fiscal Year 1989 [Puspan. L. 100–456] (37 U.S.C. 302 note), in order to enter into an agreement under section 301d of such title containing an active-duty service obligation that is not less than the active-duty service obligation remaining under the existing agreement on the date of its termination.

“(2) Subsection (e) of section 612 of the National Defense Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note), shall not apply to the termination, pursuant to paragraph (1), of a retention bonus agreement under that section.”