Page:United States Statutes at Large Volume 122.djvu/197

 12 2 STA T . 1 74PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 ‘ ‘ (B)thenumb e rofc ont i nuou s months in the p erio d for w hich a ssi g nment or specia l dut y pay will be paid pursuant to the agreement . ‘‘( 4 ) MAXIMU MI NST A L LM E NT AM O UNT. —T he amount of each installment payment of assignment or special duty pay payable to a member on an installment basis may not e x ceed the amount e q ual to— ‘‘( A ) the product of— ‘‘(i) a monthly rate specified in the written agree - ment entered into under subsection (c) , which monthly rate may not exceed the maximum monthly rate authori z ed 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; di v ided by ‘‘(B) the number of installments over such period. ‘‘( 5 ) EF FE C T OF EXTENSION.— I f a member extends an assignment or performance of duty specified in an agreement with the S ecretary 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) WR ITTEN A G REEMENT.— ‘‘( 1 ) D ISCRETIONAR Y FOR MONT H LY P AYMENTS.—The Sec- retary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the pay- ment 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) R E Q UIRE D 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) RESER V E C OMPONENT MEM B ERS P ERFORMING INACTIVE DUTY TRAINING.—A member of a reserve component entitled to compensation under section 2 06 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 O THER PAY AND ALLO W ANCES.—Assign- ment 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 sub j ect to the repayment provisions of section 37 3 of this title. ‘‘(g) TERMINATION OF AUTHORITY.— N o agreement may be entered into under this section after December 31, 200 9.

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