Page:United States Statutes at Large Volume 99 Part 1.djvu/672

 99 STAT. 650

Regulations. 37 USC 303a.

Regulations.

PUBLIC LAW 99-145—NOV. 8, 1985 "(A) $6,000 per year, if the officer has at least three but less than 14 years of creditable service. "(B) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service. (C) $10,000 per year, if the officer has 18 or more years of creditable service. "(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 12 years of creditable service. "(B) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service. (C) $4,000 per year, if the officer has 14 or more years of creditable service. "(b)(1) An officer may not be paid additional special pay under subsection (aK4) of this section for any 12-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 Under 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) 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 on active duty that the officer served, and the officer may be required to refund any amount in excess of that entitlement. "(c) Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for determining— "(1) whether an officer is undergoing internship or residency training for purposes of subsections (a)(2)(A), (a)(2)(B), and (a)(4) of this section; and "(2) whether an officer is board certified for purposes of subsection (a)(5) of this section. "(d) Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) of this section shall be paid monthly. Special pay payable to an officer under subsection (a)(4) of this section shall be paid annually at the beginning of the 12-month period for which the officer is entitled to such payment. "(e) An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) of this section shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made. "(f) A discharge in bankruptcy under title 11 shall not release a person from an obligation to reimburse the United States required under the terms of an agreement described in subsection (b) of this section if the final decree of the discharge in bankruptcy was issued within a period of five years after the last day of a period which such person had agreed to serve on active duty. This subsection applies to a discharge in bankruptcy in any proceeding which begins after September 30, 1985. "(g) For purposes of this section, creditable service of an officer is computed by adding—

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