88 STAT. ]
PUBLIC LAW 93-294-MAY 31, 1974
177
Public Law 93-294 May 31, 1974
AN ACT
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To amend section 301 of title 37, United States Code, relating to incentive pay, to attract and retain volunteers for aviation crew member duties, and for other purposes.
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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Aviation career be cited as the "Aviation Career Incentive Act of 1974". ^^^'j'^^'"" ^"^ °' SEC. 2. Chapter 5 of title 37, United States Code, is amended as 37 USC 301a follows: "°'^(1) Section 301(a)(1) is amended by striking out "a crew 37 USC 301. member" and inserting in lieu thereof "an enlisted crew member". (2; Section 301(g) is repealed. Repeal. (3) The following new section is inserted after section 301 and a corresponding item for that section is inserted in the chapter analysis:
- § 301a. Incentive pay: aviation career
37 USC 301a. " (a)(1) Subject to regulations prescribed by the President, a mem- operational or ber of a uniformed service who is entitled to basic pay is also entitled fiy°ing!^"^ to aviation career incentive pay in the amount set forth in subsection (b) of this section for the frequent and regular performance of operational or proficiency flying duty required by orders. "(2) Aviation career incentive pay shall be restricted to regular Regular and -.^
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reserve officers.
and reserve omcers who hold, or are m t r a m m g leading to, an aeronautical rating or designation and who engage and remain in aviation service on a career basis. " (3) Under regulations prescribed by the Secretary of Defense, the coast Guard Secretary of Transportation with respect to the Coast Guard when °^^^'=^'^^it is not operating as a service in the Navy, or the Secretary of Commerce and the Secretary of Health, Education, and Welfare with respect to members under their respective jurisdiction, an officer (except a flight surgeon or other medical officer) who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is entitled to continuous monthly incentive pay in the amount set forth in subsection (b) of this section that is applicable to him. A flight surgeon or other medical officer who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is not entitled to continuous monthly incentive pay but is entitled to monthly incentive pay in the amounts set forth in subsection (b) of this section for the frequent and regular performance of operational flying duty. "(4) To be entitled to continuous monthly incentive pay, an officer must perform the prescribed operational flying duties (including flight training but excluding proficiency flying) for 6 of the first 12, and 11 of the first 18, years of his aviation service. However, if an officer performs the prescribed operational flying duties (including flight training but excluding proficiency flying) for at least 9 but less than 11 of the first 18 years of his aviation service, he will be entitled to continuous monthly incentive pay for the first 22 years of his officer service. "(5) If upon completion of either 12 or 18 years of aviation service it is determined that an officer has failed to perform the minimum prescribed operational flying duty requirements during the prescribed periods of time, his entitlement to continuous monthly incentive pay
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