Page:United States Statutes at Large Volume 122.djvu/190

 12 2 STA T . 1 67PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 ‘ ‘ (B)them eth od o fpay me n tofthe b on us unde r sub - se c t i on (d)( 2 ) ‘‘( C ) the period of ob l i g ated ser v ice; and ‘‘( D ) the type or conditions of the service . ‘‘(2) REPLAC E M E NT A GR EEMENT. —A n officer w ho is per- forming obligated service under an agreement for a nuclear officer bonus may e x ecute a new agreement to replace the existing agreement if the amount to be paid under the new agreement will be higher than the amount to be paid under the existing agreement. T he period of the new agreement shall bee q ual to or exceed the remaining term of the period of the officer ’ s existing agreement. I f a new agreement is executed under this paragraph , the existing agreement shall be cancelled, effective on the day before an anniversary date of the existing agreement occurring after the date on which the amount to be paid under this paragraph is increased. ‘‘(f) RELAT IO N SH IP TO O THER P A Y AN D ALLO W ANCES.—A nuclear officer bonus or nuclear officer incentive pay paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under this section and section 3 32or3 5 3 of this title for the same s k ill and period of service. ‘‘(g) REPAYMENT.—A person or officer who receives a nuclear officer bonus or nuclear officer incentive pay under this section and who fails to complete the officer naval nuclear power training program, maintain required technical and operational qualifications, complete the period of service, or meet the types or conditions of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (e) in the case of a nuclear officer bonus, shall be sub j ect to the repayment provisions of section 3 7 3 of this title. ‘‘(h) REG U LATIONS.—This section shall be administered under regulations prescribed by the S ecretary of the N avy. ‘‘(i) TERMINATION O F AUTHORITY.—No agreement may be entered into under this section after December 3 1 ,2 0 0 9 . ‘ ‘ §3 3 4.Special a v ia t i on incentive pa y an db on us aut h o r ities f or officers ‘‘(a) A V IATION INCENTIVE PAY.—The Secretary concerned may pay aviation incentive pay under this section to an officer in a regular or reserve component of a uniformed service who— ‘‘(1) is entitled to basic pay under section 20 4 of this title or compensation under section 20 6 of this title; ‘‘(2) maintains, or is in training leading to, an aeronautical rating or designation that qualifies the officer to engage in operational flying duty or proficiency flying duty; ‘‘(3) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty; ‘‘(4) engages in or remains in aviation service for a specified period; and ‘‘(5) meets such other criteria as the Secretary concerned determines appropriate. ‘‘(b) AVIATION BONUS.—The Secretary concerned may pay an aviation bonus under this section to an officer in a regular or reserve component of a uniformed service who—

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