Years of flight training) as an |
Monthly rate |
---|---|
2 or less |
$125 |
Over 2 |
$156 |
Over 3 |
$188 |
Over 4 |
$206 |
Over 6 |
$650 |
Over 14 |
$840 |
Over 22 |
$585 |
Over 23 |
$495 |
Over 24 |
$385 |
Over 25 |
$250 |
37 U.S. Code § 301a - Incentive pay: aviation career
2018—Subsec. (a)(6)(D). Pub. L. 115–232 substituted “section 8411 of title 10” for “section 6911 of title 10”.
2006—Subsec. (f). Pub. L. 109–364 struck out subsec. (f), which required the Secretary of Defense to submit annually to Congress a report specifying for the year covered by the report the total number of officers who were determined under subsection (a)(5) to have failed to perform the minimum operational flying duty requirements, the number of those officers who continued to receive continuous monthly incentive pay and the extent to which they failed to perform those requirements, and the reasons for the exercise of the authority under the second sentence of subsection (a)(5) in the case of each officer specified.
2004—Subsec. (b)(4). Pub. L. 108–375 substituted “section 301(a)(13)” for “section 301(a)(11)”.
2002—Subsec. (a)(3). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1999—Subsec. (b)(4). Pub. L. 106–65 added par. (4).
1998—Subsec. (a)(4). Pub. L. 105–261, § 615(c)(1)(A), substituted “22 years of aviation service of the officer” for “22 years of the officer’s service as an officer” and “25 years of aviation service” for “25 years of service as an officer (as computed under section 205 of this title)”.
Subsec. (a)(6). Pub. L. 105–261, § 615(a)(1), added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively.
Subsec. (b). Pub. L. 105–261, § 615(d), repealed section 615 of Pub. L. 105–85. See 1997 Amendment note below.
Pub. L. 105–261, § 615(b), amended subsec. (b) generally, substituting pars. (1) to (3) for former pars. (1) and (2).
Subsec. (d). Pub. L. 105–261, § 615(c)(1)(B), substituted “subsection (b) for the performance of that duty by a member with corresponding years of aviation service” for “subsection (b)(1) or (2), as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate,”.
1997—Subsec. (b)(1). Pub. L. 105–85, § 615(b), substituted “22 years” for “18 years” in two places in provisions after phase II table.
Pub. L. 105–85, § 615(a), which directed amendment by inserting at the end of phase I of the table the following:
“Over 14 |
840”; |
and by striking out phase II of the table and inserting in lieu thereof the following:
“Phase II |
|
---|---|
“Years of service as an |
“Monthly rate |
“Over 22 |
585 |
“Over 23 |
495 |
“Over 24 |
385 |
“Over 25 |
250”, |
was repealed by Pub. L. 105–261, § 615(d).
1996—Subsec. (a)(4). Pub. L. 104–106, § 616(a), substituted “8” for “9” before “of the first 12”.
Subsec. (a)(5). Pub. L. 104–106, § 616(b), inserted “The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection.” after second sentence.
1993—Subsec. (a)(4). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 101–189, § 631(a)(1). See 1989 Amendment note below.
1991—Pub. L. 102–25 struck out “of this section” wherever appearing and struck out “of this subsection” in subsec. (b)(2).
1990—Subsec. (e). Pub. L. 101–510 struck out subsec. (e) which read as follows: “The Secretary of Defense shall report to Congress before October 1 each year the number of rated members by pay grade who—
“(1) have 12 or 18 years of aviation service, and of those numbers, the number who are entitled to continuous monthly incentive pay under subsection (a) of this section; and
“(2) are performing operational flying duties, proficiency flying, and those not performing flying duties.”
1989—Subsec. (a)(4). Pub. L. 101–189, § 631(a), as amended by Pub. L. 103–35, § 204(c), substituted “9 of the first 12, and 12 of the first 18 years of the aviation service of the officer” for “6 of the first 12, and 11 of the first 18, years of his aviation service”, “at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer” for “at least 9 but less than 11 of the first 18 years of his aviation service, he”, and “the officer’s service as an officer” for “his officer service”.
Subsec. (a)(5). Pub. L. 101–189, § 631(b), inserted after first sentence “For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service.”
Subsec. (b)(1). Pub. L. 101–189, § 631(c)(1), in phase I table, substituted “650” for “400” in item relating to over 6 years, and in phase II table, struck out “as computed under section 205” after “an officer” in table heading, substituted “$585” for “$370”, “495” for “340”, and “385” for “310”, in items relating to over 18 years, over 20 years, and over 22 years, respectively, and struck out item relating to a monthly rate of $280 for over 24 years.
Subsec. (b)(2). Pub. L. 101–189, § 631(c)(2), in table, substituted “650” for “400” in item relating to over 6 years.
Subsec. (f). Pub. L. 101–189, § 631(d), added subsec. (f).
1987—Subsec. (a)(6). Pub. L. 100–26, which directed that par. (6) of this section be amended, was executed to par. (6) of subsec. (a) of this section, to reflect the probable intent of Congress by substituting “In this section:” for “For the purposes of this section, the term—”, inserting “The term” at beginning of subpars. (A) to (C), and substituting period for semicolon at end of subpar. (A) and period for “; and” at end of subpar. (B).
1986—Subsec. (a)(6)(C). Pub. L. 99–661, § 632(a)(1), added subpar. (C).
Subsec. (b)(1). Pub. L. 99–661, § 632(a)(2), substituted “a member” for “an officer in pay grades O–1 through O–10”.
1981—Subsec. (a)(4). Pub. L. 97–60, § 112(a), inserted provision that entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of service as an officer (as computed under section 205 of this title), but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) of this section for the performance of operational flying duty.
Subsec. (b)(1), (2). Pub. L. 97–60, § 112(b), amended table to reflect an upward adjustment in monthly incentive pay.
1980—Subsec. (a)(3). Pub. L. 96–513 substituted “Health and Human Services” for “Health, Education, and Welfare”.
Subsec. (b)(1). Pub. L. 96–343, § 2(b)(1), (2), substituted in phase I table, “$125”, “$156”, “$188”, “$206”, and “$306” for “$100”, “$125”, “$150”, “$165”, and “$245” in items relating to 2 or less years, over 2 years, over 3 years, over 4 years, and over 6 years, respectively, in phase II table, “$281”, “$256”, “$231”, and “$206” for “$225”, “$205”, “$185”, and “$165” in items relating to over 18 years, over 20 years, over 22 years, and over 24 but not over 25 years, respectively, and “$200” and “$206” for “$160” and “$165”, respectively.
Subsec. (b)(2). Pub. L. 96–343, § 2(b)(3), substituted “$125”, “$138”, and “$250” for “$100”, “$110”, and “$200” in items relating to 2 or less years, over 2 years, and over 6 years, respectively.
1976—Subsec. (e). Pub. L. 94–273 substituted “October” for “July”.
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 106–65, div. A, title VI, § 614(b), Oct. 5, 1999, 113 Stat. 651, provided that:
Pub. L. 105–85, div. A, title VI, § 615(c), Nov. 18, 1997, 111 Stat. 1787, which provided that the amendments made by section 615(a) of Pub. L. 105–85 to this section were to take effect on Jan. 1, 1999, and were to apply with respect to months beginning on or after that date, was repealed by Pub. L. 105–261, div. A, title VI, § 615(d), Oct. 17, 1998, 112 Stat. 2041.
Pub. L. 103–35, title II, § 204(c), May 31, 1993, 107 Stat. 102, provided that the amendment made by that section is effective Nov. 29, 1989.
Pub. L. 101–189, div. A, title VI, § 631(e), (f), Nov. 29, 1989, 103 Stat. 1450, provided that:
“TABLE |
||
---|---|---|
COLUMN 1 |
COLUMN 2 |
COLUMN 3 |
Number of years of aviation service |
Number of years performing operational flying duty |
Entitlement to continuous monthly incentive pay through the following year of |
6 or more |
At least 6 of the first 12 years of aviation service |
18 |
6 or more |
At least 9 but less than 11 of the first 18 years of aviation service |
22 |
6 or more |
At least 6 of the first 12 and at least 11 of the first 18 years of aviation service |
25 |
At least 6 but less than 12 |
Less than 6 and subsequently completes 6 of the first 12 and 9 of the first 15 years of aviation service |
18 |
At least 12 but less than 18 |
Less than 9 and subsequently completes 9 of the first 18 years of aviation service |
22 |
At least 12 but less than 18 |
Less than 11 and subsequently completes 11 of the first 18 years of aviation service |
25 |
Pub. L. 99–661, div. A, title VI, § 632(b), Nov. 14, 1986, 100 Stat. 3883, provided that:
Pub. L. 97–60, title I, § 112(c), Oct. 14, 1981, 95 Stat. 995, provided that:
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 93–294, § 6, May 31, 1974, 88 Stat. 180, provided that:
Pub. L. 93–294, § 4, May 31, 1974, 88 Stat. 179, provided that:
Pub. L. 93–294, § 5, May 31, 1974, 88 Stat. 180, provided that:
For delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.
Ex. Ord. No. 11800, Aug. 17, 1974, 39 F.R. 30103, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13286, § 58, Feb. 28, 2003, 68 F.R. 10629, which delegated authority vested in President by this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security with respect to Coast Guard when not operating as part of Navy, was revoked by Ex. Ord. No. 13294, § 2, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.