
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[630(a),]
[Document affected by Public Law 106-398 Section 1[630(c)]]
[CITE: 37USC305a]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                  CHAPTER 5--SPECIAL AND INCENTIVE PAYS
 
Sec. 305a. Special pay: career sea pay

    (a) Under regulations prescribed by the President, a member of a 
uniformed service who is entitled to basic pay is also entitled, while 
on sea duty, to special pay at the applicable rate under subsection (b).
    (b) The monthly rates for special pay under subsection (a) are as 
follows:

                                                ENLISTED MEMBERS
-------------------------------------------------------------------------------
---------------------------------
                                                                               
  Years of sea duty
                                                                 --------------
---------------------------------
                            Pay grade                              1 or
                                                                   less   Over 
1  Over 2  Over 3  Over 4  Over 5
-------------------------------------------------------------------------------
---------------------------------
E-4.............................................................     $50     $6
0    $120    $150    $160    $160
E-5.............................................................      50      6
0     120     150     170     315
E-6.............................................................     100     10
0     120     150     170     315
E-7.............................................................     100     10
0     120     175     190     350
E-8.............................................................     100     10
0     120     175     190     350
E-9.............................................................     100     10
0     120     175     190     350
                                                                 --------------
---------------------------------

                                                                   Over    Over
    Over    Over    Over    Over
                                                                     6       7 
      8       9      10      11
                                                                 --------------
---------------------------------

E-4.............................................................    $160    $16
0    $160    $160    $160    $160
E-5.............................................................     325     35
0     350     350     350     350
E-6.............................................................     325     35
0     350     365     365     365
E-7.............................................................     350     37
5     390     400     400     410
E-8.............................................................     350     37
5     390     400     400     410
E-9.............................................................     350     37
5     390     400     400     410
                                                                 --------------
---------------------------------

                                                                   Over    Over
    Over    Over    Over   ......
                                                                    12      13 
     14      16      18    ......
                                                                 --------------
---------------------------------

E-4.............................................................    $160    $16
0    $160    $160    $160
E-5.............................................................     350     35
0     350     350     350
E-6.............................................................     380     39
5     410     425     450
E-7.............................................................     420     45
0     475     500     500
E-8.............................................................     420     45
0     475     500     520
E-9.............................................................     420     45
0     475     520     520
-------------------------------------------------------------------------------
---------------------------------


                                                WARRANT OFFICERS
-------------------------------------------------------------------------------
---------------------------------
                                                                               
  Years of sea duty
                                                                 --------------
---------------------------------
                            Pay grade                              1 or
                                                                   less   Over 
1  Over 2  Over 3  Over 4  Over 5
-------------------------------------------------------------------------------
---------------------------------
W-1.............................................................    $130    $13
5    $140    $150    $170    $175
W-2.............................................................     150     15
0     150     150     170     260
W-3.............................................................     150     15
0     150     150     170     270
W-4.............................................................     150     15
0     150     150     170     290
W-5.............................................................     150     15
0     150     150     170     290
                                                                 --------------
---------------------------------

                                                                   Over    Over
    Over    Over    Over    Over
                                                                     6       7 
      8       9      10      11
                                                                 --------------
---------------------------------

W-1.............................................................    $200    $25
0    $270    $300    $325    $325
W-2.............................................................     265     26
5     270     310     340     340
W-3.............................................................     280     28
5     290     310     350     375
W-4.............................................................     310     31
0     310     310     350     375
W-5.............................................................     310     31
0     310     310     350     375
                                                                 --------------
---------------------------------

                                                                   Over    Over
    Over    Over    Over
                                                                    12      14 
     16      18      20
                                                                 --------------
---------------------------------

W-1.............................................................    $340    $36
0    $375    $375    $375
W-2.............................................................     375     40
0     400     400     400
W-3.............................................................     400     42
5     425     450     450
W-4.............................................................     400     45
0     450     500     500
W-5.............................................................     400     45
0     450     500     500
-------------------------------------------------------------------------------
---------------------------------


                                              COMMISSIONED OFFICERS
-------------------------------------------------------------------------------
---------------------------------
                                                                             Ye
ars of sea duty
                        Pay grade                        ----------------------
---------------------------------
                                                          Over 3  Over 4  Over 
5  Over 6  Over 7  Over 8  Over 9
-------------------------------------------------------------------------------
---------------------------------
O-1.....................................................    $150    $160    $18
5    $190    $195    $205    $215
O-2.....................................................     150     160     18
5     190     195     205     215
O-3.....................................................     150     160     18
5     190     195     205     215
O-4.....................................................     185     190     20
0     205     215     220     220
O-5.....................................................     225     225     22
5     225     230     245     250
O-6.....................................................     225     230     23
0     240     255     265     280
                                                         ----------------------
---------------------------------

                                                           Over    Over    Over
    Over    Over    Over    Over
                                                            10      11      12 
     14      16      18      20
                                                         ----------------------
---------------------------------

O-1.....................................................    $225    $225    $24
0    $250    $260    $270    $280
O-2.....................................................     225     225     24
0     250     260     270     280
O-3.....................................................     225     225     24
0     260     270     280     290
O-4.....................................................     225     225     24
0     270     280     290     300
O-5.....................................................     260     265     26
5     285     300     315     340
O-6.....................................................     290     300     31
0     325     340     355     380
-------------------------------------------------------------------------------
---------------------------------

    (c) Under regulations prescribed by the President, a member of a 
uniformed service who is entitled to career sea pay under this section 
who has served 36 consecutive months of sea duty (other than an enlisted 
member in a pay grade above E-4 with more than five years of sea duty) 
is entitled to a career sea pay premium of $100 a month for the thirty-
seventh consecutive month and each subsequent consecutive month of sea 
duty served by such member.
    (d)(1) In this section, the term ``sea duty'' means duty performed 
by a member--
        (A) while permanently or temporarily assigned to a ship and--
            (i) while serving on a ship the primary mission of which is 
        accomplished while under way;
            (ii) while serving as a member of the off-crew of a two-
        crewed submarine; or
            (iii) while serving as a member of a tender-class ship (with 
        the hull classification of submarine or destroyer); or

        (B) while permanently or temporarily assigned to a ship and 
    while serving on a ship the primary mission of which is normally 
    accomplished while in port, but only during a period that the ship 
    is away from its homeport.

    (2) The Secretary concerned may designate duty performed by a member 
while serving on a ship the primary mission of which is accomplished 
either while under way or in port as ``sea duty'' for purposes of this 
section, even though the duty is performed while the member is 
permanently or temporarily assigned to a ship-based staff or other unit 
not covered by paragraph (1).
    (3) For the purpose of determining the years of sea duty with which 
a member may be credited for purposes of this section, the term ``sea 
duty'' also includes duty performed after December 31, 1988, by a member 
while permanently or temporarily assigned to a ship or ship-based staff 
and while serving on a ship on which the member would be entitled, 
during a period that the ship is away from its homeport, to receive sea 
pay by reason of paragraph (1)(B).
    (4) A ship shall be considered to be away from its homeport for 
purposes of this subsection when it is--
        (A) at sea; or
        (B) in a port that is more than 50 miles from its homeport.

(Added Pub. L. 95-485, title VIII, Sec. 804(a)(1), (2), Oct. 20, 1978, 
92 Stat. 1620; amended Pub. L. 96-343, Sec. 3(a), (b), Sept. 8, 1980, 94 
Stat. 1124; Pub. L. 96-579, Sec. 4(a), Dec. 23, 1980, 94 Stat. 3364; 
Pub. L. 97-60, title I, Sec. 116, Oct. 14, 1981, 95 Stat. 996; Pub. L. 
97-295, Sec. 3(1), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 98-525, title 
VI, Sec. 623(a), Oct. 19, 1984, 98 Stat. 2541; Pub. L. 99-145, title VI, 
Sec. 634(a), Nov. 8, 1985, 99 Stat. 647; Pub. L. 100-26, Sec. 8(e)(5), 
Apr. 21, 1987, 101 Stat. 286; Pub. L. 100-180, div. A, title VI, 
Sec. 621(a)-(c), Dec. 4, 1987, 101 Stat. 1097, 1099; Pub. L. 100-224, 
Sec. 5(a)(1), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 100-456, div. A, 
title XII, Sec. 1233(b)(1), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 101-
189, div. A, title VI, Sec. 653(b), Nov. 29, 1989, 103 Stat. 1462; Pub. 
L. 102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; 
Pub. L. 102-190, div. A, title XI, Sec. 1111(d)(3), Dec. 5, 1991, 105 
Stat. 1492; Pub. L. 104-106, div. A, title VI, Sec. 618, Feb. 10, 1996, 
110 Stat. 362; Pub. L. 105-85, div. A, title VI, Sec. 620, Nov. 18, 
1997, 111 Stat. 1790.)


                               Amendments

    1997--Subsec. (d)(1)(A). Pub. L. 105-85, Sec. 620(1), struck out ``, 
ship-based staff, or ship-based aviation unit'' after ``assigned to a 
ship''.
    Subsec. (d)(1)(B). Pub. L. 105-85, Sec. 620(2), struck out ``or 
ship-based staff'' after ``assigned to a ship''.
    Subsec. (d)(2) to (4). Pub. L. 105-85, Sec. 620(3), (4), added par. 
(2) and redesignated former pars. (2) and (3) as (3) and (4), 
respectively.
    1996--Subsec. (d)(1)(A). Pub. L. 104-106 amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``while 
permanently or temporarily assigned to a ship, ship-based staff, or 
ship-based aviation unit and while serving on a ship the primary mission 
of which is accomplished while under way or while serving as a member of 
the off-crew of a two-crewed submarine; or''.
    1991--Subsec. (a). Pub. L. 102-25 struck out ``of this section'' 
after ``subsection (b)''.
    Subsec. (b). Pub. L. 102-190, in table pertaining to warrant 
officers, added provisions relating to pay grade W-5 in three places.
    1989--Subsec. (b). Pub. L. 101-189 inserted ``COMMISSIONED'' before 
``OFFICERS'' in heading of table relating to officers in pay grades O-1 
through O-6.
    1988--Subsec. (d)(2). Pub. L. 100-456 substituted ``after December 
31, 1988,'' for ``on or after the effective date specified in section 
621(e)(1) of the National Defense Authorization Act for Fiscal Year 
1988''.
    1987--Subsec. (b). Pub. L. 100-224 substituted ``Over 14'' for 
``Over 13'' in table relating to warrant officers.
    Pub. L. 100-180, Sec. 621(a), in amending subsec. (b) generally, 
struck out ``of this section'' after ``subsection (a)'' in introductory 
provisions and amended table pertaining to enlisted members so as to 
reflect downward adjustment in monthly special pay rates for persons in 
pay grade E-4 having over 2 years of sea duty and for persons in pay 
grades E-5 through E-9 having less than 5 years of sea duty, and amended 
table so as to reflect upward adjustment for persons in pay grades E-5 
through E-9 having over 5 years of sea duty, amended table pertaining to 
warrant officers so as to reflect upward adjustment for persons in pay 
grades W-1 through W-3 having over 9 years of sea duty and for persons 
in pay grade W-4 having over 10 years of sea duty, and in table 
pertaining to officers for pay grade O-4 substituted ``220'' for ``215'' 
in the column for ``Over 8''.
    Subsec. (c). Pub. L. 100-180, Sec. 621(b), inserted ``(other than an 
enlisted member in a pay grade above E-4 with more than five years of 
sea duty)'' after first reference to ``sea duty''.
    Subsec. (d). Pub. L. 100-180, Sec. 621(c), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows: ``In this 
section, the term `sea duty' means duty performed by a member--
        ``(1) while permanently or temporarily assigned to a ship, ship-
    based staff, or ship-based aviation unit and while serving on a ship 
    the primary mission of which is accomplished while underway or while 
    serving as a member of the off crew of a two-crewed submarine; or
        ``(2) while permanently or temporarily assigned to a ship or 
    ship-based staff and while serving on a ship the primary mission of 
    which is normally accomplished while in port, but only during a 
    period that the ship is away from its homeport for 30 consecutive 
    days or more.
A ship is considered away from its homeport for purposes of clause (2) 
of the first sentence when it is at sea or in a port that is more than 
50 miles from its homeport.''
    Pub. L. 100-26 substituted ``In this section,'' for ``For the 
purposes of this section,''.
    1985--Subsec. (b). Pub. L. 99-145 amended table for warrant officers 
for pay grade W-3 by substituting ``330'' for ``310'' in column for 
``Over 12'', and for pay grade W-4, substituted ``320'' for ``310'' in 
column for ``Over 10'', substituted ``330'' for ``310'' in column for 
``Over 11'', and ``350'' for ``310'' in column for ``Over 12'', inserted 
columns for ``Over 14'', ``Over 16'', ``Over 18'', and ``Over 20'', and 
in table for commissioned officers inserted columns for ``Over 14'', 
``Over 16'', ``Over 18'', and ``Over 20'', and struck out the subscript 
qualifier for pay grades O-1 and O-2, which read: ``Commissioned 
officers with at least four years of active service as enlisted members 
or as noncommissioned warrant officers''.
    1984--Subsec. (b). Pub. L. 98-525 amended table relating to rates of 
pay for enlisted members by substituting ``265'' for ``255'' and ``320'' 
for ``310'' in column for ``Over 10'', ``265'' for ``255'' and ``330'' 
for ``310'' in column for ``Over 11'', ``280'' for ``255'', ``320'' for 
``310'', and ``350'' for ``310'' in column for ``Over 12'', and inserted 
columns for ``Over 13'', ``Over 14'', ``Over 16'', and ``Over 18''.
    1982--Subsec. (d). Pub. L. 97-295 substituted ``clause (2)'' for 
``clause (B)'' after ``for purposes of''.
    1981--Subsec. (d)(1). Pub. L. 97-60 inserted provisions relating to 
service as a member of the off crew of a two-crewed submarine.
    1980--Subsec. (a). Pub. L. 96-579 substituted provision declaring a 
member of a uniformed service entitled to basic pay as eligible for 
special pay for prior provision for eligibility to such pay of an 
enlisted member of a uniformed service entitled to basic pay, in pay 
grade E-4 or above, with three years of sea duty.
    Subsec. (b). Pub. L. 96-579 substituted special monthly pay table 
for enlisted members, warrant officers, and commissioned officers for 
prior special monthly rate for enlisted members for sea duty above 
prescribed number of years: $29, 3 yrs.; $40, 5 yrs.; $52, 7 yrs.; $63, 
9 yrs.; $75, 10 yrs.; $86, 11 yrs.; and $115, 12 yrs.
    Pub. L. 96-343 substituted provision authorizing monthly rates of 
special pay of $29 for over 3 years, $40 for over 5 years, $52 for over 
7 years, $63 for over 10 years, $86 for over 11 years, and $115 for over 
12 years for provision authorizing monthly rates of special pay during 
fiscal year 1979 or 1980 of $25 for over 3 years, $35 for over 5 years, 
and $55 for over 12 years and for fiscal year 1981 rates of $25 for over 
3 years, $35 for over 5 years, $45 for over 7 years, and $55 for over 12 
years.
    Subsecs. (c), (d). Pub. L. 96-579 added subsecs. (c) and (d).


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section 
1132 of Pub. L. 102-190, set out as a note under section 521 of Title 
10, Armed Forces.


         Effective Date of 1987 Amendment; Save Pay; Definitions

    Section 621(d)-(f) of Pub. L. 100-180 provided that:
    ``(d) Save Pay.--A member of the uniformed services who at any time 
during the three-month period ending on the day before the effective 
date applicable to that member under subsection (e) for the new rates of 
career sea pay is entitled to career sea pay at a rate that is higher 
than the rate established under such new rates for the member's pay 
grade and years of sea duty shall be paid such special pay, when 
entitled to receive it, at such higher rate until the member is 
permanently reassigned to duty for which the member is not entitled to 
such special pay. In the case of a member covered by the preceding 
sentence who is reduced in grade under the Uniform Code of Military 
Justice (chapter 47 of title 10, United States Code), the old rate of 
career sea pay applicable to such member under the preceding sentence 
which may be paid in lieu of the rate applicable to the member under the 
new rates of career sea pay shall be the rate under the old rates of 
career sea pay for the member's pay grade as so reduced and the member's 
years of sea duty.
    ``(e) Effective Date.--(1) Except as provided under paragraph (2), 
the amendments made by this section [amending this section] shall take 
effect on the first day of the first month beginning after the date of 
the enactment of this Act [Dec. 4, 1987] and shall apply with respect to 
duty performed on or after that date.
    ``(2) The new rates of career sea pay that are applicable to 
enlisted members in pay grades above pay grade E-4 who have five or more 
years of sea duty and the amendment made by subsection (b) [amending 
this section] shall take effect on the first day of the fourth month 
beginning after the effective date specified under paragraph (1). In the 
case of such members, the old rates of career sea pay shall remain in 
effect until the new rates take effect under the preceding sentence.
    ``(f) Definitions.--For purposes of subsections (d) and (e):
        ``(1) The term `career sea pay' means special pay under section 
    305a of title 37, United States Code.
        ``(2) The term `old rates', with respect to career sea pay, 
    means the rates of such pay in effect on the date of the enactment 
    of this Act [Dec. 4, 1987].
        ``(3) The term `new rates', with respect to career sea pay, 
    means the rates of such pay provided by the amendment made by 
    subsection (a) [amending this section].''


                    Effective Date of 1985 Amendment

    Section 634(b) of Pub. L. 99-145 provided that: ``The amendment made 
by this section [amending this section] shall take effect on October 1, 
1985.''


                    Effective Date of 1984 Amendment

    Section 623(c) of Pub. L. 98-525 provided that: ``The amendments 
made by this section [amending this section and section 307 of this 
title] shall take effect on October 1, 1984.''


                    Effective Date of 1980 Amendments

    Section 4(b) of Pub. L. 96-579 provided: ``The amendment made by 
this section [amending this section] shall be effective with respect to 
special pay payable under section 305a of title 37, United States Code, 
for months after the month in which this section is enacted [December 
1980].''
    Section 3(c) of Pub. L. 96-343 provided that: ``The amendments made 
by this section [amending this section and repealing section 804(a)(2) 
of Pub. L. 95-485, formerly set out as a note below] shall be effective 
with respect to special pay payable under section 305a of title 37, 
United States Code, for months after August 1980.''


                             Effective Date

    Section 804(a)(1) of Pub. L. 95-485 provided that this section is 
effective Oct. 1, 1978.


                                 Repeals

    Pub. L. 95-485, title VIII, Sec. 804(a)(2), Oct. 20, 1978, 92 Stat. 
1620, which amended subsec. (b) of this section effective Oct. 1, 1981, 
to provide for monthly rates of special pay of $25 for over 3 years, $35 
for over 5 years, $45 for over 7 years, $55 for over 9 years, $65 for 
over 10 years, $75 for over 11 years, and $100 for over 12 years was 
repealed by Pub. L. 96-343, Sec. 3(b), Sept. 8, 1980, 94 Stat. 1124.


 Determination of Amount of Sea Credit; Periods Prior to October 1, 1978

    Section 804(a)(3) of Pub. L. 95-485 provided that: ``In determining 
the amount of sea duty to be credited to an enlisted member of a 
uniformed service for purposes of section 305a of title 37, United 
States Code (as added by paragraph (1)), the Secretary concerned shall 
credit such member with all periods of service by such member before 
October 1, 1978, during which such member served in a sea duty status.''

                  Section Referred to in Other Sections

    This section is referred to in section 907 of this title.
