Federal · Title 37 — Pay and Allowances of the Uniformed Services
37 U.S.C. § 302b: Special pay: dental officers of the armed forces
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is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and is on active duty under a call or order to active duty for a period of not less than one year, $3,000 per year, if the officer is undergoing dental internship training or has less than three years of creditable service. $7,000 per year, if the officer has at least three but less than six years of creditable service and is not undergoing dental internship training. $7,000 per year, if the officer has at least six but less than eight years of creditable service. $12,000 per year, if the officer has at least eight but less than 12 years of creditable service. $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service. $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service. $8,000 per year, if the officer has 18 or more years of creditable service. An officer described in paragraph (1) who is serving in a pay grade above pay grade O–6 is entitled to variable special pay at the rate of $7,000 per year. $10,000 per year, if the officer has less than three years of creditable service. $12,000 per year, if the officer has at least three but less than 10 years of creditable service. $15,000 per year, if the officer has 10 or more years of creditable service. $2,500 per year, if the officer has less than 10 years of creditable service. $3,500 per year, if the officer has at least 10 but less than 12 years of creditable service. $4,000 per year, if the officer has at least 12 but less than 14 years of creditable service. $5,000 per year, if the officer has at least 14 but less than 18 years of creditable service. $6,000 per year, if the officer has 18 or more years of creditable service. An officer described in paragraph (1) who is an oral or maxillofacial surgeon may be paid incentive special pay at the same rates, and subject to the same terms and conditions, as incentive special pay available for medical officers under section 302(b) of this title . An officer may not be paid additional special pay under paragraph (4) or (6) of subsection (a) 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. 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 paragraph (4) or (6) of subsection (a). If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 303a(e) of this title . whether an officer is undergoing internship or residency training for purposes of subsections (a)(2)(A), (a)(2)(B), and (a)(4); and whether an officer is board certified for purposes of subsection (a)(5). Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) shall be paid monthly. Special pay payable to an officer under paragraph (4) or (6) of subsection (a) shall be paid annually at the beginning of the 12-month period for which the officer is entitled to such payment. An officer who does not complete the period of active duty specified in the agreement referred to in subsection (b) shall be subject to the repayment provisions of section 303a(e) of this title . all periods which the officer spent in dental internship or residency training during which the officer was not on active duty; and all periods of active service in the Dental Corps of the Army or Navy, as an officer of the Air Force designated as a dental officer, or as a dental officer of the Public Health Service. A reserve dental officer described in paragraph (2) is entitled to special pay at the rate of $350 a month for each month of active duty, including active duty in the form of annual training, active duty for training, and active duty for special work. is an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer; and is on active duty under a call or order to active duty for a period of less than one year. was executed after June 29, 1985 ; and is affected by the limitation in section 8091 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98–473 ), A dental officer may not execute a new agreement under paragraph (1) unless the amount that may be paid such officer under an agreement under section 302b of title 37 , United States Code (as amended by subsection (a)), is greater than the amount to be paid the officer under the existing agreement of the officer under section 311 of such title. In executing a written agreement under paragraph (1), the officer shall agree to remain on active duty for an additional length of time equal to or exceeding the length of time originally required by the existing agreement, beginning on the date the officer accepts the award of special pay under the new agreement. If a new agreement is executed under this subsection, the existing agreement of the officer shall be canceled. For the purposes of this section, the term ‘dental officer’ has the meaning given that term in section 101 of title 10 , United States Code.” An officer described in paragraph (2) who, after September 30, 1985 , is entitled to special pay under section 302b of title 37 , United States Code (as amended by subsection (a)), may (notwithstanding the provisions of such section and in the discretion of the Secretary concerned) be paid such pay, in order to prevent inequities, in an annual amount equal to the total annual amount of dental continuation pay under section 311 of title 37 , United States Code, and special pay for dental officers under section 302b of that title to which that officer would have been entitled on September 30, 1985 , in accordance with the status of the officer (as determined by the Secretary concerned) during the period for which the pay is paid. Notwithstanding the preceding sentence, an officer may not be paid special pay by reason of this paragraph in an amount greater than the amount of special pay to which the officer was entitled under such sections on September 30, 1985 . Paragraph (1) applies to an officer who on September 30, 1985 , is entitled to dental continuation pay under section 311 of title 37 , United States Code; or to special pay for dental officers under section 302b of that title.”
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