
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[626(a)(1)]]
[Document affected by Public Law 106-398 Section 1[626(a)(2)]]
[CITE: 37USC302a]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                  CHAPTER 5--SPECIAL AND INCENTIVE PAYS
 
Sec. 302a. Special pay: optometrists

    (a) Regular Special Pay.--Each of the following officers is entitled 
to special pay at the rate of $100 a month for each month of active 
duty:
        (1) A commissioned officer--
            (A) of the Regular Army, Regular Navy, or Regular Air Force 
        who is designated as an optometry officer; or
            (B) who is an optometry officer of the Regular Corps of the 
        Public Health Service.

        (2) A commissioned officer--
            (A) of a Reserve component of the Army, Navy, or Air Force 
        who is designated as an optometry officer; or
            (B) who is an optometry officer of the Reserve Corps of the 
        Public Health Service,

    who is on active duty as a result of a call or order to active duty 
    for a period of at least one year.
        (3) A general officer of the Army or the Air Force appointed, 
    from any of the categories named in clause (1) or (2), in the Army, 
    Air Force, or the National Guard, as the case may be.

    (b) Retention Special Pay.--(1) Under regulations prescribed under 
section 303a(a) of this title, an officer described in paragraph (2) may 
be paid retention special pay of not more than $6,000 for any twelve-
month period during which the officer is not undergoing an internship or 
initial residency training.
    (2) An officer referred to in paragraph (1) is an officer of a 
uniformed service who--
        (A) is entitled to special pay under subsection (a);
        (B) has completed any initial active-duty service commitment 
    incurred for education and training; and
        (C) is determined by the Secretary concerned to be qualified as 
    an optometrist.

    (3) An officer may not be paid retention special pay under paragraph 
(1) 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.
    (4) The Secretary concerned may terminate at any time the 
eligibility of an officer to receive retention special pay under 
paragraph (1). If such eligibility is terminated, the officer concerned 
shall receive such special pay only for the part of the period of active 
duty that the officer served and may be required to refund any amount in 
excess of that amount.

(Added Pub. L. 92-129, title II, Sec. 202(a), Sept. 28, 1971, 85 Stat. 
357; amended Pub. L. 93-64, title II, Sec. 202, July 9, 1973, 87 Stat. 
149; Pub. L. 95-114, Sec. 2, Sept. 30, 1977, 91 Stat. 1046; Pub. L. 95-
485, title VIII, Sec. 801(b), Oct. 20, 1978, 92 Stat. 1619; Pub. L. 96-
284, Sec. 4(a), June 28, 1980, 94 Stat. 591; Pub. L. 100-26, 
Sec. 8(d)(2), Apr. 21, 1987, 101 Stat. 285; Pub. L. 101-510, div. A, 
title VI, Sec. 617(a), Nov. 5, 1990, 104 Stat. 1578; Pub. L. 104-201, 
div. A, title VI, Sec. 614(a), Sept. 23, 1996, 110 Stat. 2544.)


                               Amendments

    1996--Subsec. (b)(2). Pub. L. 104-201, Sec. 614(a)(1)(A), 
substituted ``a uniformed service'' for ``an armed force'' in 
introductory provisions.
    Subsec. (b)(2)(C). Pub. L. 104-201, Sec. 614(a)(1)(B), struck out 
``of the military department'' before ``concerned to be''.
    Subsec. (b)(4). Pub. L. 104-201, Sec. 614(a)(2), struck out ``of the 
military department'' before ``concerned may terminate''.
    1990--Pub. L. 101-510 designated existing provisions as subsec. (a), 
inserted heading, and added subsec. (b).
    1987--Pub. L. 100-26 substituted ``A'' for ``a'' at beginning of 
pars. (1) to (3), ``; or'' for ``, or'' at end of par. (1)(A), period 
for semicolon at end of par. (1)(B), and period for ``; and'' at end of 
par. (2).
    1980--Pub. L. 96-284 substituted ``Each'' for ``(a) In addition to 
any other basic pay, special pay, incentive pay or allowance to which he 
is entitled, each'', struck out ``beginning on or after October 1, 
1977'' after ``active duty'', struck out subsec. (b) which prohibited 
inclusion of active duty monthly special pay in computation of amount of 
increase in pay authorized in any other provision of this title or in 
computation of retired pay or severance pay, now covered in section 
303a(b) of this title, and struck out subsec. (c) which provided that no 
special pay be paid for any month after September 1980.
    1978--Subsec. (c). Pub. L. 95-485 substituted ``September 1980'' for 
``September 1978''.
    1977--Subsec. (a). Pub. L. 95-114 amended subsec. (a) to provide for 
the reinstatement of special pay provisions for optometrists for each 
month on active duty beginning on or after Oct. 1, 1977.
    Subsecs. (b), (c). Pub. L. 95-114 reenacted subsec. (b) without 
change and added subsec. (c).
    1973--Subsec. (a). Pub. L. 93-64 substituted ``July 1, 1975'' for 
``July 1, 1973'' wherever appearing.


                    Effective Date of 1977 Amendment

    Section 4 of Pub. L. 95-114 provided that: ``The amendments made by 
sections 2 and 3 of this Act [amending this section and section 303 of 
this title] become effective on October 1, 1977.''


                    Effective Date of 1973 Amendment

    Amendment by Pub. L. 93-64 effective July 1, 1973, see section 206 
of Pub. L. 93-64, set out as a note under section 401 of this title.


                             Effective Date

    Section 209 of title II of Pub. L. 92-129 provided that: ``The 
foregoing provisions of this title [enacting this section and section 
428 of this title and amending sections 203 and 403 of this title and 
sections 2204 and 2207 of Title 50, Appendix, War and National Defense] 
shall become effective on October 1, 1971, except that section 203 
[enacting section 308a of this title] shall become effective on such 
date as shall be prescribed by the Secretary of Defense, but not earlier 
than February 1, 1971, and section 206 [amending section 2203 of Title 
50, Appendix] shall become effective July 1, 1971.''


                    Implementation of Subsection (b)

    Section 617(b) of Pub. L. 101-510 provided that: ``The Secretary of 
Defense may not implement subsection (b) of section 302a of title 37, 
United States Code (as added by subsection (a)), unless the Secretary 
submits to the Committees on Armed Services of the Senate and House of 
Representatives a report--
        ``(1) justifying the need of the military departments for the 
    authority provided in such subsection; and
        ``(2) describing the manner in which that authority will be 
    implemented.''


                            Pay Continuation

    Enactment of this section not to reduce the pay to which any member 
of the uniformed services was entitled on June 30, 1971, see section 210 
of Pub. L. 92-129, set out as a note under section 203 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 302f, 303a, 306 of this 
title.
