§ 302b. Special pay: dental officers of the armed forces

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(a)Variable, Additional, Board Certification, and Incentive Special Pay.—

(1)An officer who—

(A)is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and

(B)is on active duty under a call or order to active duty for a period of not less than one year,

is entitled to special pay in accordance with this subsection.

(2)An officer described in paragraph

(1)who is serving in a pay grade below pay grade O–7 is entitled to variable special pay at the following rates:

(A)$3,000 per year, if the officer is undergoing dental internship training or has less than three years of creditable service.

(B)$7,000 per year, if the officer has at least three but less than six years of creditable service and is not undergoing dental internship training.

(C)$7,000 per year, if the officer has at least six but less than eight years of creditable service.

(D)$12,000 per year, if the officer has at least eight but less than 12 years of creditable service.

(E)$10,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

(F)$9,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

(G)$8,000 per year, if the officer has 18 or more years of creditable service.

(3)An officer described in paragraph

(1)who is serving in a pay grade above pay grade O–6 is entitled to variable special pay at the rate of $7,000 per year.

(4)An officer who is entitled to variable special pay under paragraph

(2)or

(3)is also entitled to additional special pay for any 12-month period during which an agreement executed under subsection

(b)is in effect with respect to the officer. Such additional special pay shall be paid at a rate determined by the Secretary concerned, which rate may not exceed the following:

(A)$10,000 per year, if the officer has less than three years of creditable service.

(B)$12,000 per year, if the officer has at least three but less than 10 years of creditable service.

(C)$15,000 per year, if the officer has 10 or more years of creditable service.

(5)An officer who is entitled to variable special pay under paragraph

(2)or

(3)and who is board certified is entitled to additional special pay at the following rates:

(A)$2,500 per year, if the officer has less than 10 years of creditable service.

(B)$3,500 per year, if the officer has at least 10 but less than 12 years of creditable service.

(C)$4,000 per year, if the officer has at least 12 but less than 14 years of creditable service.

(D)$5,000 per year, if the officer has at least 14 but less than 18 years of creditable service.

(E)$6,000 per year, if the officer has 18 or more years of creditable service.

(6)An officer described in paragraph

(1)who is an oral or maxillofacial surgeon may be paid incentive special pay at the same rates, and subject to the same terms and conditions, as incentive special pay available for medical officers under section 302(b) of this title.

(b)Active-Duty Agreement.—

(1)An officer may not be paid additional special pay under paragraph

(4)or

(6)of subsection

(a)for any 12-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay.

(2)Under regulations prescribed by the Secretary of Defense under section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an officer’s entitlement to the special pay authorized by paragraph

(4)or

(6)of subsection (a). If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title.

(c)Regulations.— Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for determining—

(1)whether an officer is undergoing internship or residency training for purposes of subsections (a)(2)(A), (a)(2)(B), and (a)(4); and

(2)whether an officer is board certified for purposes of subsection (a)(5).

(d)Frequency of Payments.— Special pay payable to an officer under paragraphs (2), (3), and

(5)of subsection

(a)shall be paid monthly. Special pay payable to an officer under paragraph

(4)or

(6)of subsection

(a)shall be paid annually at the beginning of the 12-month period for which the officer is entitled to such payment.

(e)Repayment.— An officer who does not complete the period of active duty specified in the agreement referred to in subsection

(b)shall be subject to the repayment provisions of section 303a(e) of this title.

(f)Determination of Creditable Service.— For purposes of this section, creditable service of an officer is computed by adding—

(1)all periods which the officer spent in dental internship or residency training during which the officer was not on active duty; and

(2)all periods of active service in the Dental Corps of the Army or Navy, as an officer of the Air Force designated as a dental officer, or as a dental officer of the Public Health Service.

(g)Reserve Dental Officers Special Pay.—

(1)A reserve dental officer described in paragraph

(2)is entitled to special pay at the rate of $350 a month for each month of active duty, including active duty in the form of annual training, active duty for training, and active duty for special work.

(2)A reserve dental officer referred to in paragraph

(1)is a reserve officer who—

(A)is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and

(B)is on active duty under a call or order to active duty for a period of less than one year.

(Added Pub. L. 93–274, § 1(2), May 6, 1974, 88 Stat. 94; amended Pub. L. 96–284, § 4(b), June 28, 1980, 94 Stat. 591; Pub. L. 99–145, title VI, § 639(a), Nov. 8, 1985, 99 Stat. 649; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–201, div. A, title VI, § 615(a), (b), (e), Sept. 23, 1996, 110 Stat. 2545, 2547; Pub. L. 105–85, div. A, title VI, § 618, Nov. 18, 1997, 111 Stat. 1789; Pub. L. 109–163, div. A, title VI, §§ 625, 626, 687(b)(6), Jan. 6, 2006, 119 Stat. 3295, 3328; Pub. L. 109–364, div. A, title VI, § 615(a), Oct. 17, 2006, 120 Stat. 2249; Pub. L. 110–181, div. A, title VI, § 616(a), Jan. 28, 2008, 122 Stat. 150.)

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