§302a. Special pay: optometrists

(a) Regular Special Pay.-Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:

(1) A commissioned officer-

(A) of the Regular Army, Regular Navy, or Regular Air Force who is designated as an optometry officer; or

(B) who is an optometry officer of the Regular Corps of the Public Health Service.

(2) A commissioned officer-

(A) of a Reserve component of the Army, Navy, or Air Force who is designated as an optometry officer; or

(B) who is an optometry officer of the Reserve Corps of the Public Health Service,

who is on active duty as a result of a call or order to active duty for a period of at least one year.

(3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, Air Force, or the National Guard, as the case may be.

(b) Retention Special Pay.-(1) Under regulations prescribed under section 303a(a) of this title, an officer described in paragraph (2) may be paid retention special pay of not more than $6,000 for any twelve-month period during which the officer is not undergoing an internship or initial residency training.

(2) An officer referred to in paragraph (1) is an officer of a uniformed service who-

(A) is entitled to special pay under subsection (a);

(B) has completed any initial active-duty service commitment incurred for education and training; and

(C) is determined by the Secretary concerned to be qualified as an optometrist.

(3) An officer may not be paid retention special pay under paragraph (1) for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay.

(4) The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). If such eligibility is terminated, the officer concerned shall receive such special pay only for the part of the period of active duty that the officer served and may be required to refund any amount in excess of that amount.

(Added Pub. L. 92–129, title II, §202(a), Sept. 28, 1971, 85 Stat. 357 ; amended Pub. L. 93–64, title II, §202, July 9, 1973, 87 Stat. 149 ; Pub. L. 95–114, §2, Sept. 30, 1977, 91 Stat. 1046 ; Pub. L. 95–485, title VIII, §801(b), Oct. 20, 1978, 92 Stat. 1619 ; Pub. L. 96–284, §4(a), June 28, 1980, 94 Stat. 591 ; Pub. L. 100–26, §8(d)(2), Apr. 21, 1987, 101 Stat. 285 ; Pub. L. 101–510, div. A, title VI, §617(a), Nov. 5, 1990, 104 Stat. 1578 ; Pub. L. 104–201, div. A, title VI, §614(a), Sept. 23, 1996, 110 Stat. 2544 .)

Amendments

1996-Subsec. (b)(2). Pub. L. 104–201, §614(a)(1)(A), substituted "a uniformed service" for "an armed force" in introductory provisions.

Subsec. (b)(2)(C). Pub. L. 104–201, §614(a)(1)(B), struck out "of the military department" before "concerned to be".

Subsec. (b)(4). Pub. L. 104–201, §614(a)(2), struck out "of the military department" before "concerned may terminate".

1990-Pub. L. 101–510 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1987-Pub. L. 100–26 substituted "A" for "a" at beginning of pars. (1) to (3), "; or" for ", or" at end of par. (1)(A), period for semicolon at end of par. (1)(B), and period for "; and" at end of par. (2).

1980-Pub. L. 96–284 substituted "Each" for "(a) In addition to any other basic pay, special pay, incentive pay or allowance to which he is entitled, each", struck out "beginning on or after October 1, 1977" after "active duty", struck out subsec. (b) which prohibited 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, now covered in section 303a(b) of this title, and struck out subsec. (c) which provided that no special pay be paid for any month after September 1980.

1978-Subsec. (c). Pub. L. 95–485 substituted "September 1980" for "September 1978".

1977-Subsec. (a). Pub. L. 95–114 amended subsec. (a) to provide for the reinstatement of special pay provisions for optometrists for each month on active duty beginning on or after Oct. 1, 1977.

Subsecs. (b), (c). Pub. L. 95–114 reenacted subsec. (b) without change and added subsec. (c).

1973-Subsec. (a). Pub. L. 93–64 substituted "July 1, 1975" for "July 1, 1973" wherever appearing.

Effective Date of 1977 Amendment

Section 4 of Pub. L. 95–114 provided that: "The amendments made by sections 2 and 3 of this Act [amending this section and section 303 of this title] become effective on October 1, 1977."

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under section 401 of this title.

Effective Date

Section 209 of title II of Pub. L. 92–129 provided that: "The foregoing provisions of this title [enacting this section and section 428 of this title and amending sections 203 and 403 of this title and sections 2204 and 2207 of Title 50, Appendix, War and National Defense] shall become effective on October 1, 1971, except that section 203 [enacting section 308a of this title] shall become effective on such date as shall be prescribed by the Secretary of Defense, but not earlier than February 1, 1971, and section 206 [amending section 2203 of Title 50, Appendix] shall become effective July 1, 1971."

Implementation of Subsection (b)

Section 617(b) of Pub. L. 101–510 provided that: "The Secretary of Defense may not implement subsection (b) of section 302a of title 37, United States Code (as added by subsection (a)), unless the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report-

"(1) justifying the need of the military departments for the authority provided in such subsection; and

"(2) describing the manner in which that authority will be implemented."

Pay Continuation

Enactment of this section not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92–129, set out as a note under section 203 of this title.

Section Referred to in Other Sections

This section is referred to in sections 302f, 303a, 306 of this title.