### §319. Special pay: surface warfare officer continuation pay

(a) Eligible Surface Warfare Officer Defined.—In this section, the term "eligible surface warfare officer" means an officer of the Regular Navy or Navy Reserve on active duty who—

(1) is qualified and serving as a surface warfare officer;

(2) has been selected for assignment as a department head on a surface vessel; and

(3) has completed any service commitment incurred through the officer's original commissioning program or is within one year of completing such commitment.

(b) Special Pay Authorized.—An eligible surface warfare officer who executes a written agreement to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a surface vessel may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000.

(c) Proration.—The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated.

(d) Payment Methods.—Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.

(e) Additional Pay.—Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.

(f) Repayment.—An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as a department head on a surface vessel as specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

(g) Regulations.—The Secretary of the Navy shall prescribe regulations to carry out this section.

(Added Pub. L. 106–65, div. A, title VI, §627(a)(1), Oct. 5, 1999, 113 Stat. 656; amended Pub. L. 107–107, div. A, title VI, §616(b), Dec. 28, 2001, 115 Stat. 1137; Pub. L. 109–163, div. A, title V, §515(d)(1)(E), title VI, §687(b)(28), Jan. 6, 2006, 119 Stat. 3236, 3332.)

#### **Editorial Notes**

#### Amendments

2006—Subsec. (a). Pub. L. 109–163, §515(d)(1)(E), substituted "Navy Reserve" for "Naval Reserve" in introductory provisions.

Subsec. (f). Pub. L. 109–163, §687(b)(28), amended heading and text of subsec. (f) generally, substituting provisions referring to repayment provisions of section 303a(e) for specific provisions relating to repayment required when officer receives bonus but fails to complete total period of agreed upon active duty as department head on surface vessel.

2001—Subsec. (a)(3). Pub. L. 107–107 inserted "or is within one year of completing such commitment" before period at end.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Pub. L. 106–65, div. A, title VI, §627(b), Oct. 5, 1999, 113 Stat. 657, provided that: "The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999."

#### Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(b) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of Title 10, Armed Forces.