§ 352. Assignment pay or special duty pay

2,404 words·~11 min read·/usc/title-37/section-352

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(a)Assignment or Special Duty Pay Authorized.— The Secretary concerned may pay assignment or special duty pay under this section to a member of the uniformed services who—

(1)is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and

(2)performs duties in an assignment, location (including a cold weather location), or unit designated by, and under the conditions of service specified by, the Secretary concerned.

(b)Maximum Amount and Method of Payment.—

(1)Lump sum or installments.— Assignment or special duty pay under subsection

(a)may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned. If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the member’s actual qualifying service during the month.

(2)Maximum monthly amount.— The maximum monthly amount of assignment or special duty pay may not exceed $5,000.

(3)Maximum lump sum amount.— The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of—

(A)the maximum monthly rate authorized under paragraph

(2)at the time the member enters into a written agreement under subsection (c); and

(B)the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement.

(4)Maximum installment amount.— The amount of each installment payment of assignment or special duty pay payable to a member on an installment basis may not exceed the amount equal to—

(A)the product of—

(i)a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized under paragraph

(2)at the time the member enters into the agreement; and

(ii)the number of continuous months in the period for which the assignment or special duty pay will be paid; divided by

(B)the number of installments over such period.

(5)Effect of extension.— If a member extends an assignment or performance of duty specified in an agreement with the Secretary concerned under subsection (c), assignment or special duty pay for the period of the extension may be paid on a monthly basis, in a lump sum, or in installments, consistent with this subsection.

(c)Written Agreement.—

(1)Discretionary for monthly payments.— The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a monthly basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the monthly rate of the assignment or special duty pay.

(2)Required for lump sum or installment payments.— The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of assignment or special duty pay on a lump sum or installment basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the amount of the lump sum or each periodic installment.

(d)Reserve Component Members Performing Inactive Duty Training.— A member of a reserve component entitled to compensation under section 206 of this title who is authorized assignment or special duty pay under this section may be paid an amount of assignment or special duty pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.

(e)Relationship to Other Pay and Allowances.— Assignment or special duty pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

(f)Repayment.— A member who receives assignment or special duty pay under this section and who fails to fulfill the eligibility requirements under subsection

(a)for receipt of such pay shall be subject to the repayment provisions of section 373 of this title.

(g)Termination of Authority.— No agreement may be entered into under this section after December 31, 2026.

(Added Pub. L. 110–181, div. A, title VI, § 661(a)(2), Jan. 28, 2008, 122 Stat. 173; amended Pub. L. 111–84, div. A, title VI, §§ 614(7), 618(c), Oct. 28, 2009, 123 Stat. 2354, 2356; Pub. L. 111–383, div. A, title VI, § 614(7), Jan. 7, 2011, 124 Stat. 4237; Pub. L. 112–81, div. A, title VI, § 614(7), Dec. 31, 2011, 125 Stat. 1450; Pub. L. 112–239, div. A, title VI, § 614(7), Jan. 2, 2013, 126 Stat. 1777; Pub. L. 113–66, div. A, title VI, § 614(7), Dec. 26, 2013, 127 Stat. 781;