§ 305a. Special pay: career sea pay
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/usc/title-37/section-305aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Availability of Special Pay.— A member of a uniformed service who is entitled to basic pay is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b).
(b)Rates; Maximum.— The Secretary concerned shall prescribe the monthly rates for special pay applicable to members of each armed force under the Secretary’s jurisdiction. No monthly rate may exceed $750.
(c)Premium.— A member of a uniformed service entitled to career sea pay under this section who has served 36 consecutive months of sea duty is also entitled to a career sea pay premium for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. The monthly amount of the premium shall be prescribed by the Secretary concerned, but may not exceed $350.
(d)Regulations.— The Secretary concerned shall prescribe regulations for the administration of this section for the armed force or armed forces under the jurisdiction of the Secretary. The entitlements under this section shall be subject to the regulations.
(e)Definition of Sea Duty.—
(1)In this section, the term “sea duty” means duty performed by a member—
(A)while permanently or temporarily assigned to a ship and—
(i)while serving on a ship the primary mission of which is accomplished while under way;
(ii)while serving as a member of the off-crew of a two-crewed submarine;
(iii)while serving as a member of a tender-class ship (with the hull classification of submarine or destroyer); or
(iv)while serving as an off-cycle crewmember of a multi-crewed ship; or
(B)while permanently or temporarily assigned to a ship and while serving on a ship the primary mission of which is normally accomplished while in port, but only during a period that the ship is away from its homeport.
(2)The Secretary concerned may designate duty performed by a member while serving on a ship the primary mission of which is accomplished either while under way or in port as “sea duty” for purposes of this section, even though the duty is performed while the member is permanently or temporarily assigned to a ship-based staff or other unit not covered by paragraph (1).
(3)For the purpose of determining the years of sea duty with which a member may be credited for purposes of this section, the term “sea duty” also includes duty performed after December 31, 1988, by a member while permanently or temporarily assigned to a ship or ship-based staff and while serving on a ship on which the member would be entitled, during a period that the ship is away from its homeport, to receive sea pay by reason of paragraph (1)(B).
(4)A ship shall be considered to be away from its homeport for purposes of this subsection when it is—
(A)at sea; or
(B)in a port that is more than 50 miles from its homeport.
(Added Pub. L. 95–485, title VIII, § 804(a)(1), (2), Oct. 20, 1978, 92 Stat. 1620; amended Pub. L. 96–343, § 3(a), (b), Sept. 8, 1980, 94 Stat. 1124; Pub. L. 96–579, § 4(a), Dec. 23, 1980, 94 Stat. 3364; Pub. L. 97–60, title I, § 116, Oct. 14, 1981, 95 Stat. 996; Pub. L. 97–295, § 3(1), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 98–525, title VI, § 623(a), Oct. 19, 1984, 98 Stat. 2541; Pub. L. 99–145, title VI, § 634(a), Nov. 8, 1985, 99 Stat. 647; Pub. L. 100–26, § 8(e)(5), Apr. 21, 1987, 101 Stat. 286;
Pub. L. 100–180, div. A, title VI, § 621(a)–(c), Dec. 4, 1987, 101 Stat. 1097, 1099; Pub. L. 100–224, § 5(a)(1), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 100–456, div. A, title XII, § 1233(b)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 101–189, div. A, title VI, § 653(b), Nov. 29, 1989, 103 Stat. 1462; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title XI, § 1111(d)(3), Dec. 5, 1991, 105 Stat. 1492; Pub. L. 104–106, div. A, title VI, § 618, Feb. 10, 1996, 110 Stat. 362;
Pub. L. 105–85, div. A, title VI, § 620, Nov. 18, 1997, 111 Stat. 1790; Pub. L. 106–398, § 1 [[div. A], title VI, § 630(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–156; Pub. L. 110–181, div. A, title VI, § 618, Jan. 28, 2008, 122 Stat. 151.)
Connections20 cite this · traces to 3
Cited by 20 sections · top 11
U.S. Code
statutes-at-large
- Public Law 97–295To amend titles 10, 14, 37, and 38, United States Code, to codify recent law and to improve the Code
- Public Law 99–145To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1986, to revise and improve military compensation programs, to improve defense procurement procedures, to authorize appropriations
- Public Law 98–525To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1985, to revise and improve defense procurement, compensation, and management programs, to establish new defense educational assist
- Public Law 96–343To extend certain expiring provisions of law relating to personnel management of the Armed Forces, to provide a variable housing allowance for members of the uniformed services to reflect housing costs in different areas of the United States, to improve certain special and incentive pays for members
- Public Law 95–485To authorize appropriations for fiscal year 1979 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and for research, development, test and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty co
- Public Law 96–579To amend title 37, United States Code, to improve certain special pay and allowance benefits for members of the uniformed services, and for other purposes
- Public Law 100–180To authorize appropriations for fiscal years 1988 and 1989 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
69 references not yet in our index
- Pub. L. 95–485, title VIII, § 804(a)(1)
- 92 Stat. 1620
- Pub. L. 96–343, § 3(a)
- 94 Stat. 1124
- Pub. L. 96–579, § 4(a)
- 94 Stat. 3364
- Pub. L. 97–60, title I, § 116
- 95 Stat. 996
- Pub. L. 97–295, § 3(1)
- 96 Stat. 1303
- Pub. L. 98–525, title VI, § 623(a)
- 98 Stat. 2541
- Pub. L. 99–145, title VI, § 634(a)
- 99 Stat. 647
- Pub. L. 100–26, § 8(e)(5)
- 101 Stat. 286
- Pub. L. 100–180, div. A, title VI, § 621(a)
- 101 Stat. 1097
- Pub. L. 100–224, § 5(a)(1)
- 101 Stat. 1538
- Pub. L. 100–456, div. A, title XII, § 1233(b)(1)
- 102 Stat. 2057
- Pub. L. 101–189, div. A, title VI, § 653(b)
- 103 Stat. 1462
- Pub. L. 102–25, title VII, § 702(b)(1)
- 105 Stat. 117
- Pub. L. 102–190, div. A, title XI, § 1111(d)(3)
- 105 Stat. 1492
- Pub. L. 104–106, div. A, title VI, § 618
- 110 Stat. 362
- Pub. L. 105–85, div. A, title VI, § 620
- 111 Stat. 1790
- Pub. L. 106–398, § 1 [[div. A]
- 114 Stat. 1654
- Pub. L. 110–181, div. A, title VI, § 618
- 122 Stat. 151
- Pub. L. 110–181
- Pub. L. 105–85, § 620(1)
- Pub. L. 105–85, § 620(2)
- Pub. L. 105–85, § 620(3)
+ 29 more
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§ 305a
Special pay: career sea pay
Stat.×13
U.S.C.×7
Pub. L.Pub. L. 95–485, title VIII, § 804(a)(1)
Stat.92 Stat. 1620
Pub. L.Pub. L. 96–343, § 3(a)
Stat.94 Stat. 1124
Pub. L.Pub. L. 96–579, § 4(a)
Cites 72 · showing 8Cited by 20 across 2 sources