Page:United States Statutes at Large Volume 105 Part 1.djvu/109

 PUBLIC LAW 102-25—APR. 6, 1991 105 STAT. 81 SEC. 303. DETERMINATION OF VARIABLE HOUSING ALLOWANCE FOR 37 USC 403a RESERVES ^°* ^- (a) USE OF PRINCIPAL PLACE OF RESIDENCE.—For the purpose of determining the entitlement of a Reserve described in subsection (b) to a variable housing allowance under section 403a of title 37, United States Code, the Reserve shall be considered to be assigned to duty at the Reserve's principal place of residence, determined as prescribed by the Secretary of Defense. (b) RESERVE DESCRIBED. —A Reserve referred to in subsection (a) is a member of a reserve component of the uniformed services who is serving on active duty under a call or order to active duty in connection with Operation Desert Storm and is assigned to duty away from the Reserve's principal place of residence, determined as prescribed by the Secretary. SEC. 304. MEDICAL, DENTAL, AND NONPHYSICIAN SPECIAL PAYS FOR RE- 37 USC 302 SERVE, RECALLED, OR RETAINED HEALTH CARE OFFICERS note. (a) ELIGIBLE FOR SPECIAL PAY.— A health care officer described in subsection (h) shall be eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), notwithstanding any requirement in those sections that— (1) the call or order of the officer to active duty be for a period of not less than one year; or (2) the officer execute a written agreement to remain on active duty for a period of not less than one year. OD) HEALTH CARE OFFICERS DESCRIBED. —A health care officer referred to in subsection (a) is an officer of the Armed Forces who is otherwise eligible for special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code, and who— (1) is a reserve officer on active duty under a call or order to active duty for a period of less than one year in connection with Operation Desert Storm; (2) is involuntarily retained on active duty under section 673c of title 10, United States Code, or is recalled to active duty under section 688 of that title, in connection with Operation Desert Storm; or (3) voluntarily agrees to remain on active duty for a period of less than one year in connection with Operation Desert Storm. (c) MONTHLY PAYMENTS. —Payment of special pay pursuant to this section may be made on a monthly basis. If the service on active duty of an officer described in subsection (h) is terminated before the end of the period for which a payment is made to the officer under subsection (a), the officer is entitled to special pay under section 302, 302a, 302b, 302e, or 303 of title 37, United States Code (whichever applies), only for the portion of that period that the officer actually served on active duty. The officer shall refund any amount received in excess of the amount that corresponds to the period of active duty of the officer. (d) SPECIAL RULE FOR RESERVE MEDICAL OFFICER. —While a reserve medical officer receives a special pay under section 302 of title 37, United States Code, by operation of subsection (a), the officer shall not be entitled to special pay under subsection (h) of that section. (e) PERIOD OF APPLICABILITY. — Subsection (a) shall apply during the period beginning on November 5, 1990, and ending on the first day of the first month beginning on or after the date 180 days after the end of the Persian Gulf conflict.

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