Page:United States Statutes at Large Volume 101 Part 2.djvu/114

 101 STAT. 1100

37 USC 305a note.

37 USC 305a "o*«-

37 USC 305a no^-

PUBLIC LAW 100-180—DEC. 4, 1987

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 reeison of paragraph (1)(B). "(3) 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.". (d) SAVE PAY.—A member of the uniformed services who at any time during the three-month period ending on the day before the effective date applicable to that member under subsection (e) for the new rates of career sea pay is entitled to career sea pay at a rate that is higher than the rate established under such new rates for the member's pay grade and years of sea duty shall be paid such special pay, when entitled to receive it, at such higher rate until the member is permanently reassigned to duty for which the member is not entitled to such special pay. In the case of a member covered by the preceding sentence who is reduced in grade under the Uniform Code of Military Justice (chapter 47 of title 10, United States Code), the old rate of career sea pay applicable to such member under the preceding sentence which may be paid in lieu of the rate applicable to the member under the new rates of career sea pay shall be the rate under the old rates of career sea pay for the member's pay grade as so reduced and the member's years of sea duty. (e) EFFECTIVE DATE.—(1) Except as provided under paragraph (2), the amendments m a d e by t h i s section shall t a k e effect on the first day of the first month beginning after the date of the e n a c t m e n t of t h i s Act and shall apply w i t h respect to d u t y performed on or after

that date. (2) The new rates of career sea pay that are applicable to enlisted members in pay grades above pay grade E-4 who have five or more years of sea duty and the amendment made by subsection (b) shall take effect on the first day of the fourth month beginning after the effective date specified under paragraph (1). In the case of such members, the old rates of career sea pay shall remain in effect until the new rates take effect under the preceding sentence. (f) DEFINITIONS.—For purposes of subsections (d) and (e): (1) The term "career sea pay" means special pay under _ section 305a of title 37, United States Code. (2) The term "old rates", with respect to career sea pay, ^ means the rates of such pay in effect on the date of the enactment of this Act. (3) The term "new rates", with respect to career sea pay, means the rates of such pay provided by the amendment made by subsection (a). SEC. 622. SPECIAL PAY FOR AVIATION CAREER OFFICERS (a) IN GENERAL.—(1) Subsection (a) of section 301b of title 37, United States Code, is amended by striking out clause (5) of the first sentence and all that follows through the second sentence and inserting in lieu thereof the following: "(5) has not previously been paid special pay authorized by this section; "(6) executes a written agreement to remain on active duty in aviation service for at least one year; and .(Q "(7) is in an aviation specialty designated as critical,

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