§ 321. Special pay: judge advocate continuation pay

581 words·~3 min read·/usc/title-37/section-321

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(a)Eligible Judge Advocate Defined.— In this section, the term “eligible judge advocate” means an officer of the armed forces on full-time active duty who—

(1)is qualified and serving as a judge advocate, as defined in section 801 of title 10; and

(2)has completed—

(A)the active duty service obligation incurred through the officer’s original commissioning program; or

(B)in the case of an officer detailed under section 2004 of title 10 or section 470 1 of title 14, the active duty service obligation incurred as part of that detail.

(b)Special Pay Authorized.— An eligible judge advocate who executes a written agreement to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid continuation pay under this section. The total amount paid to an officer under one or more agreements under this section may not exceed $60,000.

(c)Proration.— The term of an agreement under subsection

(b)and the amount payable under the agreement may be prorated.

(d)Payment Methods.— Upon acceptance of an agreement under subsection

(b)by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.

(e)Additional Pay.— Any amount paid to an officer under this section is in addition to any other pay and allowances to which the officer is entitled.

(f)Repayment.— An officer who has entered into a written agreement under subsection

(b)and has received all or part of the amount payable under the agreement but who does not complete the total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

(g)Regulations.— The Secretary concerned shall prescribe regulations to carry out this section.

(Added Pub. L. 106–65, div. A, title VI, § 629(a)(1), Oct. 5, 1999, 113 Stat. 659; amended Pub. L. 109–163, div. A, title VI, § 687(b)(29), Jan. 6, 2006, 119 Stat. 3332.)

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