US Code

Public Law 119-73 (01/23/2026)

37 U.S.C. § 302f

Special pay: reserve, recalled, or retained health care officers

(a)

Eligible for Special Pay .—

A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title (whichever applies) notwithstanding any requirement in those sections that—
(1)
the call or order of the officer to active duty be for a period of not less than one year; or
(2)
the officer execute a written agreement to remain on active duty for a period of not less than one year.
(b)

Health Care Officers Described .—

A health care officer referred to in subsection (a) is an officer of the armed forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302c, 302e, or 303 of this title and who—
(1)
is a reserve officer on active duty (other than for training) under a call or order to active duty for a period of more than 30 days but less than one year;
(2)
section 12305 of title 10section 688 of title 10 is involuntarily retained on active duty under , or is recalled to active duty under for a period of more than 30 days; or
(3)
voluntarily agrees to remain on active duty for a period of less than one year at a time when—
(A)
section 12305 of title 10 officers are involuntarily retained on active duty under ; or
(B)
the Secretary of Defense determines (pursuant to regulations prescribed by the Secretary) that special circumstances justify the payment of special pay under this section.
(c)

Monthly Payments .—

section 303a(e) of this titlePayment of special pay pursuant to this section may be made on a monthly basis. The officer shall repay in the manner provided in any amount received under this section in excess of the amount that corresponds to the actual period of active duty served by the officer.
(d)

Special Rule for Reserve Medical and Dental Officers .—

While a reserve medical or dental officer receives a special pay under section 302 or 302b of this title by reason of subsection (a), the officer shall not be entitled to special pay under section 302(h) or 302b(h) of this title.

Pub. L. 102–190, div. A, title VI, § 634(a)105 Stat. 1381Pub. L. 104–106, div. A, title XV, § 1501(d)(4)(A)110 Stat. 500Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 109–163, div. A, title VI, § 687(b)(9)119 Stat. 3329(Added , , ; amended , , ; , title VI, § 625(b)], , , 1654A–153; , , .)

Editorial Notes

Amendments

Pub. L. 109–163section 303a(e) of this title2006—Subsec. (c). substituted “repay in the manner provided in ” for “refund”.

Pub. L. 106–398section 302 of this title2000—Subsec. (d). amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “While a reserve medical officer receives a special pay under by reason of subsection (a), the officer shall not be entitled to special pay under subsection (h) of that section.”

Pub. L. 104–106section 12305 of title 10section 673c of title 101996—Subsec. (b)(2), (3)(A). substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–106Pub. L. 103–337section 1501(f)(3) of Pub. L. 104–106section 113 of Title 10Amendment by effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under , Armed Forces.

Savings Provision

section 687(b) of Pub. L. 109–163section 687(f) of Pub. L. 109–163section 510 of Title 10For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , under a provision of this section amended by , see , set out as a note under , Armed Forces.

Active Duty in Connection With Operation Desert Storm

Pub. L. 102–25, title III, § 304105 Stat. 81Pub. L. 102–190, div. A, title VI, § 656105 Stat. 1393

“(a)

Eligible for Special Pay .—

A health care officer described in subsection (b) shall be eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), notwithstanding any requirement in those sections that—
“(1)
the call or order of the officer to active duty be for a period of not less than one year; or
“(2)
the officer execute a written agreement to remain on active duty for a period of not less than one year.
“(b)

Health Care Officers Described .—

A health care officer referred to in subsection (a) is an officer of the Armed Forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code, and who—
“(1)
is a reserve officer on active duty under a call or order to active duty for a period of less than one year in connection with Operation Desert Storm;
“(2)
is involuntarily retained on active duty under section 673c [now 12305] of title 10, United States Code, or is recalled to active duty under section 688 of that title, in connection with Operation Desert Storm; or
“(3)
voluntarily agrees to remain on active duty for a period of less than one year in connection with Operation Desert Storm.
“(c)

Monthly Payments .—

Payment of special pay pursuant to this section may be made on a monthly basis. If the service on active duty of an officer described in subsection (b) is terminated before the end of the period for which a payment is made to the officer under subsection (a), the officer is entitled to special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), only for the portion of that period that the officer actually served on active duty. The officer shall refund any amount received in excess of the amount that corresponds to the period of active duty of the officer.
“(d)

Special Rule for Reserve Medical Officer .—

section 302 of title 37While a reserve medical officer receives a special pay under , United States Code, by operation of subsection (a), the officer shall not be entitled to special pay under subsection (h) of that section.
“(e)

Period of Applicability .—

Subsection (a) shall apply during the period beginning on , and ending on the first day of the first month beginning on or after the date 180 days after the end of the Persian Gulf conflict.”
, , , as amended by , , , provided that: