republic-os/legal/us/code/title-37/chapter-5/section-321.md

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LegalText	37 U.S.C. § 321	Special pay: judge advocate continuation pay	us	united_states_code	code_section	37	PAY AND ALLOWANCES OF THE UNIFORMED SERVICES	5	SPECIAL AND INCENTIVE PAYS	321	37 U.S.C. § 321	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc37@119-100.zip	/us/usc/t37/s321	data/legal/raw/us/code/title-37/usc37.xml	efb730aa66f01c3742dd8026d057e7b7e3e46ee92fd874d0ea6006a00514023f	e0a35eb7ef12b7ff3b62c2d230c815f864ad090f207afa5aca869467bb414b1c	9959ebeeae971ab29f84ed7f07ce15ab8bd9d07abea3210f3ecca0142ef9d293	2026-07-04	official	legal us-code

37 U.S.C. § 321 - Special pay: judge advocate continuation pay

Text

(a) Eligible Judge Advocate Defined.— In this section, the term “eligible judge advocate” means an officer of the armed forces on full-time active duty who—

(1) is qualified and serving as a judge advocate, as defined in section 801 of title 10; and

(2) has completed—

(A) the active duty service obligation incurred through the officer’s original commissioning program; or

(B) in the case of an officer detailed under section 2004 of title 10 or section 470 11 See References in Text note below. of title 14, the active duty service obligation incurred as part of that detail.

(b) Special Pay Authorized.— An eligible judge advocate who executes a written agreement to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid continuation pay under this section. The total amount paid to an officer under one or more agreements under this section may not exceed $60,000.

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

(d) Payment Methods.— Upon acceptance of an agreement under subsection (b) by the Secretary concerned, 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 to an officer under this section is in addition to any other pay and allowances to which the officer is entitled.

(f) Repayment.— An officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement but who does not complete the total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 303a(e) of this title.

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

(Added Pub. L. 106–65, div. A, title VI, § 629(a)(1), Oct. 5, 1999, 113 Stat. 659; amended Pub. L. 109–163, div. A, title VI, § 687(b)(29), Jan. 6, 2006, 119 Stat. 3332.)

Notes

Editorial Notes

References in TextSection 470 of title 14, referred to in subsec. (a)(2)(B), was redesignated section 2770 of title 14 by Pub. L. 115–282, title I, § 116(b)(2), Dec. 4, 2018, 132 Stat. 4226, and references to section 470 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Amendments2006—Subsec. (f). Pub. L. 109–163 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 fails to complete total period of agreed upon active duty.

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 106–65, div. A, title VI, § 629(c), Oct. 5, 1999, 113 Stat. 661, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 1999.”

Savings ProvisionFor 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.