Page:United States Statutes at Large Volume 94 Part 1.djvu/1145

 PUBLIC LAW 96-342—SEPT. 8, 1980

94 STAT. 1095

merits may not be entered into under section 308e of such title, as ^«^e. P IO93. added by such paragraph, before October 1, 1980. (b) Sections 308b(g) and 308c(f) of such title, relating to reenlistment 37 USC 308b, and enlistment bonuses for members of the Selected Reserve of the '^"^'^ Ready Reserve, are amended by striking out "September 30, 1980" and inserting in lieu thereof "September 30, 1985". CONTINUATION BONUS FOR AVIATION CAREER OFFICERS

SEC. 806. (a)(1) Chapter 5 of title 37, United States Code, is amended by inserting after section 301a the following new section: "§301b. Special pay: aviation career officers extending period of 37 USC 30ib. active duty "(a) Under regulations prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, an officer of a uniformed service who— "(1) is entitled to aviation career incentive pay under section 301a of this title; "(2) is in a pay grade below the pay grade of 0-7; "(3) is qualified to perform operational flying duty (as such term is defined in clause (6) of section 301a(a) of this title); "(4) has at least 6 but less than 18 years of aviation service as an officer; "(5) executes a written agreement to remain on active duty in aviation service for at least one year; and "(6) is in an aviation specialty designated as critical; may, upon the acceptance of the written agreement by the Secretary of Defense or the Secretary of Transportation, as applicable, be paid an amount not to exceed the product of four months' basic pay (computed at the rate applicable to the officer at the time the agreement is executed) and the number of years (or the monthly fractions thereof) that the officer agrees to remain on active duty under the agreement. An agreement under this section may not extend beyond the date on which the officer would complete 19 years of aviation service. Upon acceptance of the agreement by the Secretary of Defense or the Secretary of Transportation, as appropriate, and subject to subsection (d) of this section, the total amount payable becomes fixed and may be paid in either a lump sum or in installments. "(b) Special pay under this section is in addition to any other pay and allowances to which an officer is entitled. "(c) For the purpose of this section, the term 'aviation service' "Aviation means the service performed by an officer holding an aeronautical service." rating or designation (except a flight surgeon or other medical officer) under regulations prescribed by the Secretary of Defense or the Secretary of Transportation. The years of aviation service are computed beginning with the effective date of the initial order to perform aviation service. "(d)(1) Under regulations prescribed by the Secretary of Defense or Refund to U.S. by the Secretary of Transportation, as appropriate, refunds shall be required, on a pro-rata basis, of sums paid under this section if the officer who has received the payment fails to complete the total period of active duty in aviation service specified in the agreement. Nothing in this section shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion of the agreed-upon period of active duty in

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