§302b. Special pay: dental officers of the armed forces
(a)
(A) 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
(B) is on active duty under a call or order to active duty for a period of not less than one year,
is entitled to special pay in accordance with this subsection.
(2) An officer described in paragraph (1) who is serving in a pay grade below pay grade O–7 is entitled to variable special pay at the following rates:
(A) $3,000 per year, if the officer is undergoing dental internship training or has less than three years of creditable service.
(B) $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.
(C) $7,000 per year, if the officer has at least six but less than eight years of creditable service.
(D) $12,000 per year, if the officer has at least eight but less than 12 years of creditable service.
(E) $10,000 per year, if the officer has at least 12 but less than 14 years of creditable service.
(F) $9,000 per year, if the officer has at least 14 but less than 18 years of creditable service.
(G) $8,000 per year, if the officer has 18 or more years of creditable service.
(3) 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.
(4) An officer who is entitled to variable special pay under paragraph (2) or (3) is also entitled to additional special pay for any 12-month period during which an agreement executed under subsection (b) is in effect with respect to the officer. Such additional special pay shall be paid at a rate determined by the Secretary concerned, which rate may not exceed the following:
(A) $10,000 per year, if the officer has less than three years of creditable service.
(B) $12,000 per year, if the officer has at least three but less than 10 years of creditable service.
(C) $15,000 per year, if the officer has 10 or more years of creditable service.
(5) An officer who is entitled to variable special pay under paragraph (2) or (3) and who is board certified is entitled to additional special pay at the following rates:
(A) $2,500 per year, if the officer has less than 10 years of creditable service.
(B) $3,500 per year, if the officer has at least 10 but less than 12 years of creditable service.
(C) $4,000 per year, if the officer has at least 12 but less than 14 years of creditable service.
(D) $5,000 per year, if the officer has at least 14 but less than 18 years of creditable service.
(E) $6,000 per year, if the officer has 18 or more years of creditable service.
(6) 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.
(b)
(2) 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.
(c)
(1) whether an officer is undergoing internship or residency training for purposes of subsections (a)(2)(A), (a)(2)(B), and (a)(4); and
(2) whether an officer is board certified for purposes of subsection (a)(5).
(d)
(e)
(f)
(1) all periods which the officer spent in dental internship or residency training during which the officer was not on active duty; and
(2) 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.
(g)
(2) A reserve dental officer referred to in paragraph (1) is a reserve officer who-
(A) 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
(B) is on active duty under a call or order to active duty for a period of less than one year.
(Added
Editorial Notes
Amendments
2008-Subsec. (a)(4).
Subsec. (a)(4)(A).
Subsec. (a)(4)(B).
2006-Subsec. (a).
Subsec. (a)(4).
Subsec. (a)(6).
Subsec. (b).
Subsec. (b)(2).
Subsec. (d).
Subsec. (e).
Subsecs. (f) to (h).
1997-Subsec. (a)(2)(C) to (G).
"(C) $7,000 per year, if the officer has at least six but less than 10 years of creditable service.
"(D) $6,000 per year, if the officer has at least 10 but less than 14 years of creditable service.
"(E) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service.
"(F) $3,000 per year, if the officer has 18 or more years of creditable service."
Subsec. (a)(3).
Subsec. (a)(4)(B) to (D).
"(B) $6,000 per year, if the officer has at least three but less than 14 years of creditable service.
"(C) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service.
"(D) $10,000 per year, if the officer has at least 18 or more years of creditable service."
1996-Subsec. (a).
Subsec. (a)(2).
Subsec. (a)(4).
"(A) $6,000 per year, if the officer has at least three but less than 14 years of creditable service.
"(B) $8,000 per year, if the officer has at least 14 but less than 18 years of creditable service.
"(C) $10,000 per year, if the officer has 18 or more years of creditable service."
Subsec. (a)(5).
"(A) $2,000 per year, if the officer has less than 12 years of creditable service.
"(B) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service.
"(C) $4,000 per year, if the officer has 14 or more years of creditable service."
Subsecs. (b) to (g).
Subsec. (h).
1991-
1985-
"(1) $100 a month for each month of active duty if he has not completed two years of active duty in the Dental Corps or as a dental officer;
"(2) $150 a month for each month of active duty if he has completed at least two years of active duty in the Dental Corps or as a dental officer;
"(3) $250 a month for each month of active duty if he has completed at least six years of active duty in the Dental Corps or as a dental officer; or
"(4) $350 a month for each month of active duty if he has completed at least ten years of active duty in the Dental Corps or as a dental officer."
1980-
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Effective Date of 2006 Amendment
Effective Date of 1985 Amendment
Effective Date
Section effective June 1, 1974, see section 2 of
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
Authority for Certain Dental Officers To Execute New Agreements
"(1) Subject to paragraphs (2) and (3), a dental officer who on October 1, 1985, is performing obligated service under an agreement under section 311 of title 37, United States Code, that-
"(A) was executed after June 29, 1985; and
"(B) is affected by the limitation in section 8091 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of
may execute a new agreement under section 302b of such title (as amended by subsection (a)).
"(2) 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.
"(3) 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.
"(4) If a new agreement is executed under this subsection, the existing agreement of the officer shall be canceled.
"(5) 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."
Minimum Special Pay
"(1) 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.
"(2) 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."
[Amendment of this note by