§ 312c. Special pay: nuclear career annual incentive bonus

2,518 words·~11 min read·/usc/title-37/section-312c

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

(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.

(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)was performing obligated service as the result of an active-service agreement executed under section 312 of this title; 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)For the purposes of this section, a “nuclear service year” is any fiscal year beginning before December 31, 2018.

(Added Pub. L. 94–356, § 3, July 12, 1976, 90 Stat. 901; amended Pub. L. 96–513, title V, § 516(9), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, § 2(c), Dec. 23, 1980, 94 Stat. 3359; Pub. L. 99–145, title VI, § 632(c), Nov. 8, 1985, 99 Stat. 645; Pub. L. 101–189, div. A, title VI, § 614(c), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 101–510, div. A, title XIII, § 1322(c)(8), Nov. 5, 1990, 104 Stat. 1672; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 103–337, div. A, title VI, § 613(i), Oct. 5, 1994, 108 Stat. 2784;

Pub. L. 104–106, div. A, title VI, § 613(g), Feb. 10, 1996, 110 Stat. 360; Pub. L. 104–201, div. A, title VI, § 613(f), Sept. 23, 1996, 110 Stat. 2544; Pub. L. 105–85, div. A, title VI, §§ 613(f), 624(c), Nov. 18, 1997, 111 Stat. 1786, 1793; Pub. L. 105–261, div. A, title VI, § 613(f), Oct. 17, 1998, 112 Stat. 2039; Pub. L. 106–65, div. A, title VI, §§ 613(g), 624(c), Oct. 5, 1999, 113 Stat. 650, 654; Pub. L. 106–398, § 1 [[div. A], title VI, § 623(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–152;

Pub. L. 107–107, div. A, title VI, § 613(c), Dec. 28, 2001, 115 Stat. 1136; Pub. L. 107–314, div. A, title VI, § 613(c), Dec. 2, 2002, 116 Stat. 2568; Pub. L. 108–136, div. A, title VI, § 613(c), Nov. 24, 2003, 117 Stat. 1501; Pub. L. 108–375, div. A, title VI, § 613(c), Oct. 28, 2004, 118 Stat. 1947; Pub. L. 109–163, div. A, title VI, §§ 623(c), 638, Jan. 6, 2006, 119 Stat. 3295, 3301; Pub. L. 109–364, div. A, title VI, § 613(c), Oct. 17, 2006, 120 Stat. 2248; Pub. L. 110–181, div. A, title VI, § 613(c), Jan. 28, 2008, 122 Stat. 149;

Pub. L. 110–417, [div. A], title VI, § 613(c), Oct. 14, 2008, 122 Stat. 4485; Pub. L. 111–84, div. A, title VI, § 613(3), Oct. 28, 2009, 123 Stat. 2353; Pub. L. 111–383, div. A, title VI, § 613(3), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 613(3), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 613(3), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 613(3), Dec. 26, 2013, 127 Stat. 780; Pub. L. 113–291, div. A, title VI, § 613(3), Dec. 19, 2014, 128 Stat. 3400;

Pub. L. 114–92, div. A, title VI, § 613(3), Nov. 25, 2015, 129 Stat. 838; Pub. L. 114–328, div. A, title VI, § 613(3), Dec. 23, 2016, 130 Stat. 2158; Pub. L. 115–91, div. A, title VI, § 613(3), Dec. 12, 2017, 131 Stat. 1422.)

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