Page:United States Statutes at Large Volume 94 Part 1.djvu/639

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-284—JUNE 28, 1980 "(d) Regulations prescribed by the Secretary of Defense under section 303a(a) of this title shall include standards for determining— "(1) whether an officer is undergoing medical internship or initial residency training for purposes of subsections (a)(2)(A), (a)(2)(B), (a)(4), and (b)(1) of this section; and "(2) whether an officer is board certified for purposes of subsection (a)(5) of this section. "(e) Special pay payable to an officer under paragraphs (2), (3), and (5) of subsection (a) of this section shall be paid monthly. Special pay payable to an officer under subsection (a)(4) or (b)(1) of this section shall be paid annually at the beginning of the twelve-month period for which the officer is entitled to such payment. "(f) An officer who voluntarily terminates service on active duty before the end of the period for which a payment was made to such officer under subsection (a)(4) or (b)(1) of this section shall refund to the United States an amount which bears the same ratio to the amount paid to such officer as the unserved part of such period bears to the total period for which the payment was made. "(g) For purposes of this section, creditable service of an officer is computed by adding— "(1) all periods which the officer spent in medical internship or residency training during which the officer was not on active duty; and "(2) all periods of active service in the Medical Corps of the Army or Navy, as an officer of the Air Force designated as a medical officer, or as a medical officer of the Public Health Service.". (b) The item relating to such section in the table of sections at the beginning of chapter 5 of such title is amended to read as follows:

94 STAT. 589 Determination standards.

Creditable services, computation.

"302. Special pay: medical officers of the armed forces.". REVISION OF SPECIAL PAY FOR MEDICAL OFFICERS OP THE PUBLIC HEALTH SERVICE

SEC. 3. (a)(1) Chapter 5 of such title is amended by inserting after section 302b the following new section: "§302c. Special pay: medical officers of the Public Health Service 37 USC 302c. "(a) A medical officer of the Public Health Service who is on active duty for a period of at least one year is entitled to special pay at the following rates: "(1) $100 a month for each month of active duty if the officer has not completed two years of active duty as an officer of the Medical Corps of the Army or Navy, as an officer of the Air Force designated as a medical officer, or as a medical officer of the Public Health Service. "(2) $350 a month for each month of active duty if the officer has completed at least two years of active duty as an officer of the Medical Corps of the Army or Navy, as an officer of the Air Force designated as a medical officer, or as a medical officer of the Public Health Service. "(b)(1) Subject to subsection (c) of this section and paragraph (2) of this subsection and under regulations prescribed under section 303a(a) of this title, an officer who is entitled to special pay under Post, p. 592. subsection (a) of this section and who is serving in a pay grade below pay grade 0-7 may be paid incentive special pay in an amount not to