Page:United States Statutes at Large Volume 111 Part 2.djvu/714

 Ill STAT. 1794 PUBLIC LAW 105-85—NOV. 18, 1997 SEC. 625. PROVISION OF BONUSES IN LIEU OF SPECIAL PAY FOR ENLISTED MEMBERS EXTENDING TOURS OF DUTY AT DESIGNATED LOCATIONS OVERSEAS. (a) INCLUSION OF BONUS INCENTIVE.—(1) Section 314 of title 37, United States Code, is amended to read as follows: extending duty at designated locations overseas Applicability. "(a) COVERED MEMBERS. —T his section applies with respect to an enlisted member of an armed force who— "(1) is entitled to basic pay; "(2) has a specialty that is designated by the Secretary concerned for the purposes of this section; "(3) has completed a tour of duty (as defined in accordance with regulations prescribed by the Secretary concerned) at a location outside the 48 contiguous States and the District of Columbia that is designated by the Secretary concerned for the purposes of this section; and "(4) at the end of that tour of duty executes an agreement to extend that tour for a period of not less than one year. "(b) SPECIAL PAY OR BONUS AUTHORIZED. —Upon the acceptance by the Secretary concerned of the agreement providing for an extension of the tour of duty of an enlisted member described in subsection (a), the member is entitled, at the election of the Secretary concerned, to either— "(1) special pay in monthly installments in an amount prescribed by the Secretary, but not to exceed $80 per month; or "(2) an annual bonus in an amount prescribed by the Secretary, but not to exceed $2,000 per year. Notification. "(c) SELECTION AND PAYMENT OF SPECIAL PAY OR BONUS. — Not later than the date on which the Secretary concerned accepts an agreement described in subsection (a)(4) providing for the extension of a member's tour of duty, the Secretary concerned shall notify the member regarding whether the member will receive special pay or a bonus under this section. The payment rate for the special pay or bonus shall be fixed at the time of the agreement and may not be changed during the period of the extended tour of duty. The Secretary concerned may pay a bonus under this section either in a lump sum or installments. "(d) REPAYMENT OF BONUS.— (1) A member who, having entered into a written agreement to extend a tour of duty for a period under subsection (a), receives a bonus payment under subsection (b)(2) for a 12-month period covered by the agreement and ceases during that 12-month period to perform the agreed tour of duty shall refund to the United States the unearned portion of the bonus. The unearned portion of the bonus is the amount by which the amount of the bonus paid to the member exceeds the amount determined by multiplying the amount of the bonus paid by the percent determined by dividing 12 into the number of full months during which the member performed the duty in the 12-month period. "(2) The Secretary concerned may waive the obligation of a member to reimburse the United States under paragraph (1) if the Secretary determines that conditions and circumstances warrant the waiver.
 * §314. Special pay or bonus: qualified enlisted members

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