Multiyear retention bonus: medical officers of the armed forces
(a)
Bonus Authorized .—
(1)
A medical officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section.
(2)
The amount of a retention bonus under paragraph (1) may not exceed $75,000 for each year covered by a four-year agreement. The maximum yearly retention bonus for two-year and three-year agreements shall be reduced to reflect the shorter service commitment.
(b)
Eligible Officers .—
This section applies to an officer of the armed forces who—
(1)
is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer;
(2)
is in a pay grade below pay grade O–7;
(3)
section 302(g) of this title has at least eight years of creditable service (computed as described in ) or has completed any active-duty service commitment incurred for medical education and training; and
(4)
has completed initial residency training (or will complete such training before September 30 of the fiscal year in which the officer enters into an agreement under subsection (a)).
(c)
Repayment .—
section 303a(e) of this titleAn officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of .
Pub. L. 110–1812008—Subsec. (a)(2). substituted “$75,000” for “$50,000”.
Pub. L. 109–1632006—Subsec. (c). amended heading 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.
Pub. L. 107–3142002—Subsec. (a)(2). substituted “$50,000” for “$14,000”.
Pub. L. 102–484, § 1054(a)(2)(B)Subsec. (c)(3). , substituted “” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991”.
section 302 of this title“The amendments made by this section [amending this section and ] shall apply with respect to agreements entered into under section 301d(a) or 302b(c) of title 37, United States Code, on or after the date of the enactment of this Act [].”
section 2130a of Title 10“In the case of an amendment made by this section [amending sections 301d, 301e, 302, 302a, 302d, 302e, and 302i of this title and , 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 .”
, , , provided that:
Eligibility of Flag and General Officers for Multiyear Retention Bonus for Medical Officers
section 301d of title 37The restriction contained in subsection (b)(2) of , 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 [], 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.
“(b)
Savings Provision .—
(1)
section 301d of title 37 A medical officer of the Armed Forces who is a flag or general officer and has received any payment of a bonus under , United States Code, before the date of the enactment of this Act [] may not be required to reimburse the United States for such payment by reason of the enactment of subsection (a).
“(2)
section 301d of title 37 A written agreement referred to in , United States Code, that was entered into on or after , and before the date of the enactment of this Act [] 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.”
section 301d of title 37Public Law 101–510“Restrictions provided under subsection (b)(2) of , United States Code, as authorized by the National Defense Authorization Act for Fiscal Year 1991 (), and hereafter, shall not apply in the case of flag or general officers serving as full-time practicing physicians.”
section 301d of title 37Pub. L. 100–45637 U.S.C. 302 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 , 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 [] ( 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)
37 U.S.C. 302 Subsection (e) of section 612 of the National Defense Authorization Act, Fiscal Year 1989 ( note), shall not apply to the termination, pursuant to paragraph (1), of a retention bonus agreement under that section.”