37 U.S.C. § 312c | Special pay: nuclear career annual incentive bonus

(a)

(1)

Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who—

(A)

is entitled to basic pay;

(B)

is not above the pay grade O–6;

(C)

has completed his initial obligated active service as an officer;

(D)

has, as a commissioned officer, successfully completed training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(E)

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

may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $22,000 for each nuclear service year.

(2)

In order to be eligible for an annual bonus for any nuclear service year in accordance with this subsection, an otherwise technically qualified officer must have been on active duty on the last day of that nuclear service year.

(3)

The amount of the annual bonus to which an officer would otherwise be entitled for a nuclear service year in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he—

(A)

was not on active duty;

(B)

was not technically qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;

(C)

section 312 of this title was performing obligated service as the result of an active-service agreement executed under ; or

(D)

was entitled to receive aviation career incentive pay in accordance with section 301a while serving in a billet other than a billet that required the officer—

(i)

be technically qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(ii)

be qualified for the performance of operational flying duties.

(b)

(1)

Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who—

(A)

is entitled to basic pay;

(B)

is not above the pay grade O–6;

(C)

has, as an enlisted member, received training for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; and

(D)

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

may, in addition to all other compensation to which he is entitled, be paid an annual bonus in an amount not to exceed $14,000 for each nuclear service year.

(2)

(3)

The amount of the annual bonus to which an officer would otherwise be entitled in accordance with this subsection shall be reduced on a pro rata basis for each day of that nuclear service year on which he—

(A)

was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants;

(B)

section 312 of this title was performing obligated service as the result of an active-service agreement executed under ; or

(C)

was entitled to receive aviation career incentive pay in accordance with section 301a while serving in a billet other than a billet—

(i)

involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; and

(ii)

that required the officer be qualified for the performance of operational flying duties.

(c)

Under regulations prescribed by the Secretary of the Navy, an officer of the naval service who is not on active duty on the last day of a nuclear service year or who, on or before the last day of a nuclear service year, loses his technical qualifications or advances from the pay grade of O–6 to a higher pay grade may be paid a bonus in accordance with subsection (a) or (b) on a pro rata basis, if otherwise qualified, unless termination of active duty or loss of technical qualifications was voluntary or was the result of his own misconduct.

(d)

December 31, 2018 For the purposes of this section, a “nuclear service year” is any fiscal year beginning before .

Editorial Notes

Amendments

Pub. L. 115–91December 31, 2018December 31, 20172017—Subsec. (d). substituted “” for “”.

Pub. L. 114–328December 31, 2017December 31, 20162016—Subsec. (d). substituted “” for “”.

Pub. L. 114–92December 31, 2016December 31, 20152015—Subsec. (d). substituted “” for “”.

Pub. L. 113–291December 31, 2015December 31, 20142014—Subsec. (d). substituted “” for “”.

Pub. L. 113–66December 31, 2014December 31, 20132013—Subsec. (d). substituted “” for “”.

Pub. L. 112–239December 31, 2013December 31, 2012 substituted “” for “”.

Pub. L. 112–81December 31, 2012December 31, 20112011—Subsec. (d). substituted “” for “”.

Pub. L. 111–383December 31, 2011December 31, 2010 substituted “” for “”.

Pub. L. 111–84December 31, 2010December 31, 20092009—Subsec. (d). substituted “” for “”.

Pub. L. 110–417December 31, 2009December 31, 20082008—Subsec. (d). substituted “” for “”.

Pub. L. 110–181December 31, 2008December 31, 2007 substituted “” for “”.

Pub. L. 109–163, § 6382006—Subsec. (b)(1). , substituted “$14,000” for “$10,000” in concluding provisions.

Pub. L. 109–364December 31, 2007December 31, 2006Subsec. (d). substituted “” for “”.

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

Pub. L. 108–375December 31, 2005December 31, 20042004—Subsec. (d). substituted “” for “”.

Pub. L. 108–136December 31, 2004December 31, 20032003—Subsec. (d). substituted “” for “”.

Pub. L. 107–314December 31, 2003December 31, 20022002—Subsec. (d). substituted “” for “”.

Pub. L. 107–107December 31, 2002December 31, 20012001—Subsec. (d). substituted “” for “”.

Pub. L. 106–398December 31, 2001December 31, 20002000—Subsec. (d). substituted “” for “”.

Pub. L. 106–65, § 624(c)(1)1999—Subsec. (a)(1). , substituted “$22,000” for “$12,000” in concluding provisions.

Pub. L. 106–65, § 624(c)(2)Subsec. (b)(1). , substituted “$10,000” for “$5,500” in concluding provisions.

Pub. L. 106–65, § 613(g)December 31, 2000October 1, 1998December 31, 1999Subsec. (d). , substituted “.” for “, and the 15-month period beginning on that date and ending on .”

Pub. L. 105–261October 1, 1998December 31, 1999October 1, 19991998—Subsec. (d). substituted “, and the 15-month period beginning on that date and ending on ” for “”.

Pub. L. 105–85, § 624(c)(1)1997—Subsec. (a)(1). , substituted “$12,000” for “$10,000” in concluding provisions.

Pub. L. 105–85, § 624(c)(2)Subsec. (b)(1). , substituted “$5,500” for “$4,500” in concluding provisions.

Pub. L. 105–85, § 613(f)October 1, 1999October 1, 1998Subsec. (d). , substituted “” for “”.

Pub. L. 104–201October 1, 1998October 1, 19971996—Subsec. (d). substituted “” for “”.

Pub. L. 104–106October 1, 1997October 1, 1996 substituted “” for “”.

Pub. L. 103–337October 1, 1996October 1, 19951994—Subsec. (d). substituted “” for “”.

Pub. L. 102–251991—Subsec. (c). struck out “of this section” after “subsection (a) or (b)”.

Pub. L. 101–5101990—Subsecs. (d), (e). redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “The Secretary of the Navy shall make an annual report to the Committees on Armed Services of the Senate and House of Representatives containing data to monitor the effectiveness of the bonuses authorized by subsections (a) and (b) of this section.”

Pub. L. 101–189, § 614(c)(1)October 1, 19901989—Subsecs. (a)(1), (b)(1). , struck out “ending before ” before period at end.

Pub. L. 101–189, § 614(c)(2)October 1, 1995October 1, 1990Subsec. (e). , substituted “” for “”.

Pub. L. 99–145, § 632(c)(1)October 1, 1990October 1, 1987section 312 of this title section 301a of this title1985—Subsec. (a). , designated first sentence as par. (1), redesignated cls. (1) to (5) as (A) to (E), respectively, struck out “, but has completed less than twenty-six years of commissioned service” after “officer” in cl. (C), and substituted “$10,000” and “” for “$6,000” and “”, respectively; designated second sentence as par. (2) and inserted “technically” before “qualified”; designated third sentence as par. (3) and substituted cls. (A) to (D) for provision that the annual bonus be reduced pro rata each day of a nuclear service year that an officer was not on active duty; was not qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; was performing obligated service as the result of an active-service agreement executed under ; or was entitled to receive aviation career incentive pay in accordance with ; and struck out fourth sentence relating to conditions authorizing a further pro rata reduction in the amount of the annual bonus in the case of an officer with more than ten, but not more than eighteen, years of commissioned service, an officer with more than eighteen, but not more than twenty-five, years of commissioned service, and an officer with more than twenty-five, but not more than twenty-six, years of commissioned service.

Pub. L. 99–145, § 632(c)(2)October 1, 1990October 1, 1987section 312 of this title section 301a of this titleSubsec. (b). , designated first sentence as par. (1), redesignated cls. (1) to (4) as cls. (A) to (D), respectively, and in provision following cl. (D) substituted “$4,500” and “” for “$3,500” and “”, respectively; designated second sentence as par. (2) and inserted “technically” before “qualified”; designated third sentence as par. (3) and substituted cls. (A) to (D) for provision that the annual bonus be reduced pro rata for each day of a nuclear service year that an officer was not in an assignment involving the direct supervision, operation, or maintenance of naval nuclear propulsion plants; was performing obligated service as the result of an active service agreement executed under ; or was entitled to receive aviation career incentive pay in accordance with .

Pub. L. 99–145, § 632(c)(3)October 1, 1990October 1, 1987Subsec. (e). , substituted “” for “”.

Pub. L. 96–579, § 2(c)(1)October 1, 1987September 30, 1975October 1, 19811980—Subsec. (a). , substituted “$6,000 for each nuclear service year ending before ” for “$4,000 for each nuclear service year beginning after , and ending before ”.

Pub. L. 96–513, § 516(9)(A)Provided, substituted “title. However” for “title: , That”.

Pub. L. 96–579, § 2(c)(2)October 1, 1987September 30, 1975October 1, 1981Subsec. (b). , substituted “$3,500 for each nuclear service year ending before ” for “$2,400 for each nuclear service year beginning after , and ending before ”.

Pub. L. 96–513, § 516(9)(B)Subsec. (d). , substituted “Committees on Armed Services of the Senate and House of Representatives” for “House and Senate Armed Service Committees”.

Pub. L. 96–579, § 2(c)(3)Oct. 1, 1987Oct. 1, 1975Sept. 30, 1976Sept. 30, 1976Oct. 1, 1981Subsec. (e). , substituted as definition for “nuclear service year” any fiscal year beginning before for the one-year period from , through , or any fiscal year beginning after , and before .

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181Dec. 31, 2007section 610 of Pub. L. 110–181 section 2130a of Title 10Amendment by effective as of , and subject to various special provisions, see , set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under , Armed Forces.

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, § 624(d)(2)Oct. 5, 1999113 Stat. 654

October 1, 1999“The amendments made by subsection (c) [amending this section] shall take effect on , and shall apply with respect to nuclear service years beginning on or after that date.”

, , , provided that:

“The amendments made by subsection (c) [amending this section] shall become effective on the first day of the first month following the month in which this section is enacted [December 1980].”

, , , provided:

Pub. L. 96–513Dec. 12, 1980section 701(b)(3) of Pub. L. 96–513 section 101 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.

Effective Date

Oct. 1, 1975section 5 of Pub. L. 94–356 section 312 of this titleSection effective , see , set out as an Effective Date of 1976 Amendment note under .

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Effective Date of 1999 Amendment

Effective Date of 1997 Amendment

Effective Date of 1985 Amendment

Effective Date of 1980 Amendments

Effective Date