§ 305. Special pay: hardship duty pay

1,966 words·~9 min read·/usc/title-37/section-305

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(a)Special Pay Authorized.— A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is designated by the Secretary of Defense as hardship duty.

(b)Payment on Monthly or Lump Sum Basis.— Special pay payable under this section may be paid on a monthly basis or in a lump sum.

(c)Maximum Rate or Amount.—

(1)The monthly rate of special pay payable to a member under this section may not exceed $1,500.

(2)The amount of the lump sum payment of special pay payable to a member under this section may not exceed the product of—

(A)the maximum monthly rate in effect under paragraph

(1)at the time the member qualifies for payment of special pay under this section; and

(B)the number of months during which the member will be performing the designated hardship duty.

(d)Relationship to Other Pay and Allowances.— Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

(e)Repayment.— A member who is paid special pay in a lump sum under this section, but who fails to perform the designated hardship duty during the months included in the calculation of the amount of the lump sum under subsection (c)(2), shall be subject to the repayment provisions of section 303a(e) of this title.

(f)Regulations.— The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific monthly rates at which the special pay will be available.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 465; Pub. L. 88–132, § 12(a), Oct. 2, 1963, 77 Stat. 217; Pub. L. 90–623, § 3(4), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 95–485, title VIII, § 804(b)(1), Oct. 20, 1978, 92 Stat. 1620; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105–85, div. A, title VI, § 619(a)–(c)(1), Nov. 18, 1997, 111 Stat. 1789, 1790; Pub. L. 105–261, div. A, title VI, § 617(a), (c)(1), Oct. 17, 1998, 112 Stat. 2041; Pub. L. 109–163, div. A, title VI, § 627, Jan. 6, 2006, 119 Stat. 3296; Pub. L. 110–181, div. A, title VI, § 617, Jan. 28, 2008, 122 Stat. 150.)

In subsection (a), the words “Except as provided by subsection

(b)of this section” are inserted for clarity. The words “is also . . . entitled” are substituted for the words “shall, in addition thereto . . . be entitled”. The words “any place outside the United States, or in Alaska or Hawaii” are substituted for the words “beyond the continental limits of the United States or in Alaska”, since, under the source statute, Hawaii was beyond the continental limits of the United States, and the United States, as defined in section 101(1) of this revised title, would otherwise include Alaska and Hawaii. This interpretation conforms to the opinion of the Comptroller General, B–138956, April 20, 1959 (38 Comp. Gen. 710).

In subsection (b), the words “Appropriation of” are substituted for the words “of the funds appropriated to” The words “may not be paid” are substituted for the words “no part . . . shall be available for the payment” The words “member of a uniformed service” are substituted for the words “person in the military service” to conform to subsection (a). The words “Puerto Rico” are inserted for clarity, since the source statute was applicable to that place. The words “Virgin Islands” are inserted, since that unincorporated territory is not covered by the word “possession”. The word “Territory” is omitted as obsolete.