Page:United States Statutes at Large Volume 94 Part 1.djvu/638

 94 STAT. 588

Post, p. 592.

Entitlement termination.

PUBLIC LAW 96-284—JUNE 28, 1980 "(3) An officer described in paragraph (1) of this subsection who is serving in a pay grade above pay grade 0 - 6 is entitled to variable special pay at the rate of $1,000 per year. "(4)(A) Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has less than ten years of creditable service is entitled to additional special pay of $9,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. "(B) Subject to subsection (c) of this section, an officer entitled to variable special pay under paragraph (2) or (3) of this subsection who has ten or more years of creditable service is entitled to additional special pay of $10,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. "(5) An officer who is entitled to variable special pay under paragraph (2) or (3) of this subsection and who is board certified is entitled to additional special pay at the following rates: "(A) $2,000 per year, if the officer has less than ten years of creditable service. "(B) $2,500 per year, if the officer has at least ten but less than twelve years of creditable service. "(C) $3,000 per year, if the officer has at least twelve but less than fourteen years of creditable service. "(D) $4,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service. "(E) $5,000 per year, if the officer has eighteen or more years of creditable service. "(b)(1) Subject to subsection (c) of this section and paragraph (2) of this subsection and under regulations prescribed under section 303a(a) of this title, an officer who is entitled to variable special pay under subsection (a)(2) of this section may be paid incentive special pay in an amount not to exceed $8,000 for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. "(2) An officer is not eligible for incentive special pay under paragraph (1) of this subsection unless the Secretary concerned has determined that such officer is qualified in the medical profession. "(3) The amount that may be paid for incentive special pay under this subsection in any fiscal year may not exceed an amount equal to 6 percent of the total amount paid in such year for special pay under subsection (a) of this section and paragraph (1) of this subsection. "(c)(1) An officer may not be paid additional special pay under subsection (a)(4) of this section or incentive special pay under subsection (b) of this section for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. "(2) Under regulations prescribed by the Secretary of Defense ^^^^^ section 303a(a) of this title, the Secretary of the military department concerned may terminate at any time an officer's entitlement to the special pay authorized by subsection (a)(4) or (b)(1) of this section. If such entitlement is terminated, the officer concerned is entitled to be paid such special pay only for the part of the period of active duty that he served, and he may be required to refund any amount in excess of that entitlement.

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