§314. Special pay: qualified enlisted members extending duty at designated locations overseas

(a) Under regulations prescribed by the Secretary concerned, an enlisted member of an armed force who-

(1) is entitled to basic pay;

(2) has a specialty that is designated by the Secretary concerned for the purposes of this section;

(3) has completed a tour of duty (as defined in accordance with regulations prescribed by the Secretary concerned) at a location outside the 48 contiguous States and the District of Columbia that is designated by the Secretary concerned for the purposes of this section; and

(4) at the end of that tour of duty executes an agreement to extend that tour for a period of not less than one year;

is entitled, upon acceptance of the agreement providing for such extension by the Secretary concerned, to special pay for duty performed during the period of the extension at a rate of not more than $80 per month, as prescribed by the Secretary concerned.

(b) A member who elects to receive rest and recuperative absence or transportation at Government expense, or any combination thereof, under section 705 of title 10 is not entitled to the special pay authorized by this section for the period of extension of duty for which the rest and recuperative absence or transportation is authorized.

(Added Pub. L. 96–579, §5(a)(1), Dec. 23, 1980, 94 Stat. 3366 ; amended Pub. L. 99–145, title VI, §641(a), Nov. 8, 1985, 99 Stat. 652 .)

Amendments

1985-Subsec. (a). Pub. L. 99–145 substituted "$80" for "$50" in provision following par. (4).

Effective Date of 1985 Amendment

Section 641(b) of Pub. L. 99–145 provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1985."

Effective Date

Section 5(c)(1) of Pub. L. 96–579 provided: "Section 314 of title 37, United States Code, as added by subsection (a), shall take effect on the first day of the first month following the month in which this section is enacted [Dec. 1980] and shall apply to periods of extended duty overseas beginning before, on, or after such date, but no payment may be made under such section for any month before the first day of the first month following the month in which this section is enacted."

Section Referred to in Other Sections

This section is referred to in section 411g of this title; title 10 section 705.