§ 312. Special pay: nuclear-qualified officers extending period of active service

Type Statute

Publication 2024-04-08

State In force

Department United States Congress

Source OLRC

§ 312. Special pay: nuclear-qualified officers extending period of active service

(a) Special Pay Authorized; Eligibility.— Under regulations to be prescribed by the Secretary of the Navy, the Secretary may pay special pay under subsection (b) to an officer of the naval service who—

(1) is entitled to basic pay;

(2) has the current technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants; and

(3) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for a period of not less than three years, so long as the new period of obligated active service does not extend beyond the end of 30 years of commissioned service, in addition to any other period of obligated active service.

(b) Payment Amount; Payment Options.—

(1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled.

(2) The Secretary shall determine annually the necessity for continuance of the special pay and the rate of special pay per year for such active-service agreements accepted within each 12-month period.

(3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary, the total amount payable shall be paid in a single lump-sum or in annual installments of equal or different amounts over the length of the contract, commencing at the expiration of any existing period of obligated active service.

(4) The Secretary may accept an active service agreement under this section not more than one year in advance of the end of an officer’s existing period of obligated active service under such an agreement. In such a case, the amount of the special pay may be paid commencing with the date of acceptance of the agreement, and, if the special pay will be paid in annual installments, the number of installments may not exceed the number of years covered by the agreement plus one.

(c) Repayment.— An officer who does not complete the period of active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants that the officer agreed to serve, and for which a payment was made under subsection (b) or (e)(1), shall be subject to the repayment provisions of section 303a(e) of this title.

(d) Relation to Service Obligation.— Nothing in this section shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion of the additional period of active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer.

(e) New Agreement.—

(1) An officer who is performing obligated service under an agreement under subsection (a) may, if the amount that may be paid under subsection (b) is higher than at the time the officer executed such agreement, execute a new agreement under this subsection. The period of such an agreement shall be a period equal to or exceeding the original period of the officer’s existing agreement, so long as the period of obligated active service under the new agreement does not extend beyond the maximum number of years of commissioned service authorized by subsection (a)(3). If a new agreement is executed under this subsection, the existing active-service agreement shall be cancelled, effective on the day before an anniversary date of that agreement after the date on which the amount that may be paid under this section is increased.

(2) This subsection shall be carried out under regulations prescribed by the Secretary of the Navy.

(f) Duration of Authority.— The provisions of this section shall be effective only in the case of officers who, on or before December 31, 2018, execute the required written agreement to remain in active service.

Editorial Notes

Amendments

2017—Subsec. (f). Pub. L. 115–91 substituted “December 31, 2018” for “December 31, 2017”.

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

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

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

2013—Subsec. (f). 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. (f). 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. (f). Pub. L. 111–84 substituted “December 31, 2010” for “December 31, 2009”.

2008—Subsec. (a)(3). Pub. L. 110–417, § 617, substituted “not less than three years” for “three, four, or five years”.

Pub. L. 110–181, § 621(a)(1), substituted “30 years” for “26 years”.

Subsec. (e)(1). Pub. L. 110–181, § 621(a)(2), substituted “the maximum number of years of commissioned service authorized by subsection (a)(3)” for “the end of 26 years of commissioned service”.

Subsec. (f). Pub. L. 110–417, § 613(a), substituted “December 31, 2009” for “December 31, 2008”.

Pub. L. 110–181, § 613(a), substituted “December 31, 2008” for “December 31, 2007”.

2006—Subsec. (a). Pub. L. 109–364, § 618(c)(1), inserted heading.

Pub. L. 109–364, § 618(b)(2)(C), designated concluding provisions as subsec. (b).

Pub. L. 109–364, § 618(b)(2)(A), substituted “the Secretary may pay special pay under subsection (b) to an officer” for “an officer” in introductory provisions.

Pub. L. 109–364, § 618(a), in concluding provisions, substituted “in a single lump-sum or in annual installments of equal or different amounts” for “in equal annual installments” and “and, if the special pay will be paid in annual installments, the number of installments may not exceed the number of years covered by the agreement plus one” for “with the number of installments being equal to the number of years covered by the contract plus one”.

Pub. L. 109–163, § 637, substituted “$30,000” for “$25,000” in concluding provisions.

Subsec. (a)(3). Pub. L. 109–364, § 618(b)(2)(B), substituted period for comma at end.

Subsec. (b). Pub. L. 109–364, § 618(b)(1), (2)(C)–(E), designated concluding provisions of subsec. (a) as (b), inserted heading, and substituted “(1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled.” for “may, upon the acceptance by the Secretary or his designee of the written agreement, in addition to all other compensation to which he is entitled, be paid a sum of money not to exceed $30,000 for each year of the active-service agreement.”, “(2) The Secretary shall” for “The Secretary of the Navy shall”, “(3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary” for “Upon acceptance of the agreement by the Secretary or his designee”, and “(4) The Secretary” for “The Secretary (or his designee)”. Former subsec. (b) redesignated (c).

Pub. L. 109–163, § 687(b)(21), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Pursuant to regulations prescribed by the Secretary of the Navy and subject to such exceptions as may be prescribed in those regulations, refunds, on a pro rata basis, of sums paid pursuant to this section may be required if the officer having received the payment fails to complete the full period of active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants which he agreed to serve.”

Subsec. (c). Pub. L. 109–364, § 618(b)(1), (3), (c)(2), redesignated subsec. (b) as (c), inserted heading, and substituted “subsection (b) or (e)(1)” for “subsection (a) or subsection (d)(1)”. Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 109–364, § 618(b)(1), (c)(3), redesignated subsec. (c) as (d) and inserted heading. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 109–364, § 618(b)(1), (c)(4), redesignated subsec. (d) as (e) and inserted heading. Former subsec. (e) redesignated (f).

Pub. L. 109–364, § 613(a), substituted “December 31, 2007” for “December 31, 2006”.

Pub. L. 109–163, § 623(a), substituted “December 31, 2006” for “December 31, 2005”.

Subsec. (e)(1). Pub. L. 109–364, § 618(b)(4), in first sentence, substituted “subsection (b)” for “such subsection” and “this subsection” for “that subsection”.

Subsec. (f). Pub. L. 109–364, § 618(b)(1), (c)(5), redesignated subsec. (e) as (f) and inserted heading.

2004—Subsec. (e). Pub. L. 108–375 substituted “December 31, 2005” for “December 31, 2004”.

2003—Subsec. (e). Pub. L. 108–136 substituted “December 31, 2004” for “December 31, 2003”.

2002—Subsec. (e). Pub. L. 107–314 substituted “December 31, 2003” for “December 31, 2002”.

2001—Subsec. (e). Pub. L. 107–107 substituted “December 31, 2002” for “December 31, 2001”.

2000—Subsec. (e). Pub. L. 106–398 substituted “December 31, 2001” for “December 31, 2000”.

1999—Subsec. (a). Pub. L. 106–65, § 624(a), substituted “$25,000” for “$15,000” in concluding provisions.

Subsec. (e). Pub. L. 106–65, § 613(e), substituted “December 31, 2000” for “December 31, 1999”.

1998—Subsec. (e). Pub. L. 105–261 substituted “December 31, 1999” for “September 30, 1999”.

1997—Subsec. (a). Pub. L. 105–85, § 624(a), substituted “$15,000” for “$12,000” in concluding provisions.

Subsec. (e). Pub. L. 105–85, § 613(d), substituted “September 30, 1999” for “September 30, 1998”.

1996—Subsec. (e). Pub. L. 104–201 substituted “September 30, 1998” for “September 30, 1997”.

Pub. L. 104–106 substituted “September 30, 1997” for “September 30, 1996”.

1994—Subsec. (e). Pub. L. 103–337 substituted “September 30, 1996” for “September 30, 1995”.

1991—Subsec. (d)(1). Pub. L. 102–25 struck out “of this section” after “subsection (a)”.

1989—Subsec. (e). Pub. L. 101–189 substituted “September 30, 1995” for “September 30, 1990”.

This document does not substitute reading the official United States Code published by the Office of the Law Revision Counsel. We assume no responsibility for any inaccuracies resulting from the conversion to this format.