(a) Authority.—The Secretary concerned may pay incentive pay under this section to a member of a uniformed service who performs service, while entitled to basic pay, in an assignment designated by the Secretary concerned. Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.
(b) Written Agreement.—(1) The Secretary concerned may require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a monthly basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the monthly rate of the incentive pay.
(2) The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay.
(c) Maximum Rate or Amount.—(1) The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000.
(2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of—(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and
(B) the number of months in the period for which incentive pay will be paid pursuant to the agreement.
(3) The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to—(A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by
(B) the number of installments over such period.
(4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section.
(d) Repayment.—A member who enters into an agreement under this section and receives incentive pay under the agreement in a lump sum or installments, but who fails to complete the period of service covered by the payment, whether voluntarily or because of misconduct, shall be subject to the repayment provisions of section 303a(e) of this title.
(e) Relationship to Other Pay and Allowances.—Incentive pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
(f) Status Not Affected by Temporary Duty or Leave.—The service of a member in an assignment referred to in subsection (a) shall not be considered discontinued during any period that the member is not performing service in the assignment by reason of—(1) temporary duty performed by the member pursuant to orders; or
(2) absence of the member for authorized leave, other than leave authorized for a period ending upon the discharge of the member or the release of the member from active duty.
(g) Termination of Authority.—No agreement under this section may be entered into after December 31, 2018.
Structure US Code
Title 37— PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 5— SPECIAL AND INCENTIVE PAYS
SUBCHAPTER I— EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES
§ 301. Incentive pay: hazardous duty
§ 301a. Incentive pay: aviation career
§ 301b. Special pay: aviation career officers extending period of active duty
§ 301c. Incentive pay: submarine duty
§ 301d. Multiyear retention bonus: medical officers of the armed forces
§ 301e. Multiyear retention bonus: dental officers of the armed forces
§ 302. Special pay: medical officers of the armed forces
§ 302a. Special pay: optometrists
§ 302b. Special pay: dental officers of the armed forces
§ 302c. Special pay: psychologists and nonphysician health care providers
§ 302c–1. Special pay: accession and retention bonuses for psychologists
§ 302d. Special pay: accession bonus for registered nurses
§ 302e. Special pay: nurse anesthetists
§ 302f. Special pay: reserve, recalled, or retained health care officers
§ 302h. Special pay: accession bonus for dental officers
§ 302i. Special pay: pharmacy officers
§ 302j. Special pay: accession bonus for pharmacy officers
§ 302k. Special pay: accession bonus for medical officers in critically short wartime specialties
§ 303. Special pay: veterinarians
§ 303a. Special pay: general provisions
§ 303b. Waiver of board certification requirements
§ 304. Special pay: diving duty
§ 305. Special pay: hardship duty pay
§ 305a. Special pay: career sea pay
§ 305b. Special pay: service as member of Weapons of Mass Destruction Civil Support Team
§ 306. Special pay: officers holding positions of unusual responsibility and of critical nature
§ 306a. Special pay: members assigned to international military headquarters
§ 307. Special pay: special duty assignment pay for enlisted members
§ 307a. Special pay: assignment incentive pay
§ 308. Special pay: reenlistment bonus
[§ 308a. Repealed. , title VI, § 624(b)(1)], , , 1654A–153]
§ 308b. Special pay: reenlistment bonus for members of the Selected Reserve
§ 308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve
§ 308d. Special pay: members of the Selected Reserve assigned to certain high priority units
[§ 308f. Repealed. , title VI, § 624(b)(1)], , , 1654A–153]
§ 308i. Special pay: prior service enlistment bonus
§ 308j. Special pay: affiliation bonus for officers in the Selected Reserve
§ 309. Special pay: enlistment bonus
§ 310. Special pay: duty subject to hostile fire or imminent danger
§ 312. Special pay: nuclear-qualified officers extending period of active service
§ 312b. Special pay: nuclear career accession bonus
§ 312c. Special pay: nuclear career annual incentive bonus
§ 314. Special pay or bonus: qualified members extending duty at designated locations overseas
§ 315. Special pay: engineering and scientific career continuation pay
§ 316. Special pay: bonus for members with foreign language proficiency
§ 317. Special pay: officers in critical acquisition positions extending period of active duty
§ 318. Special pay: special warfare officers extending period of active duty
§ 319. Special pay: surface warfare officer continuation pay
§ 320. Incentive pay: career enlisted flyers
§ 321. Special pay: judge advocate continuation pay
§ 324. Special pay: accession bonus for new officers in critical skills
§ 325. Incentive bonus: savings plan for education expenses and other contingencies
§ 326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage