Pub. L. 111-84, div. A, tit. VI, subtit. B, sec. 618
PRORATION OF CERTAIN SPECIAL AND INCENTIVE PAYS TO REFLECT TIME DURING WHICH A MEMBER SATISFIES ELIGIBILITY REQUIREMENTS FOR THE SPECIAL OR INCENTIVE PAY.
SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCENTIVE PAYS TO REFLECT TIME DURING WHICH A MEMBER SATISFIES ELIGIBILITY REQUIREMENTS FOR THE SPECIAL OR INCENTIVE PAY.(a) Special Pay for Duty Subject to Hostile Fire or Imminent Danger.—Section 310 of title 37, United States Code, is amended—(1) in subsection (a)—(A) by striking “and Special Pay Amount” in the subsection heading; and123 STAT. 2356(B) by striking “at the rate of $225 for any month” in the matter preceding paragraph (1) and inserting “under subsection (b) for any month or portion of a month”;(2) in subsection (c), by striking paragraph (3);(3) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and(4) by inserting after subsection (a) the following new subsection:“(b) Special Pay Amount; Proration.—(1) The special pay authorized by subsection (a) may not exceed $225 a month.“(2) Except as provided in subsection (c), if a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of special pay under subsection (a), the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month.”.(b) Hazardous Duty Pay.—Section 351 of such title is amended—(1) by striking subsections (c) and (d) and redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and(2) by inserting after subsection (b) the following new subsection:“(c) Method of Payment; Proration.—“(1) Monthly payment.—Subject to paragraph (2), hazardous duty pay shall be paid on a monthly basis.“(2) Proration.—If a member does not satisfy the eligibility requirements specified in paragraph (1), (2), or (3) of subsection (a) for an entire month for receipt of hazardous duty pay, the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month.”.(c) Assignment or Special Duty Pay.—Section 352(b)(1) of such title is amended by adding at the end the following new sentence: “If paid monthly, the Secretary concerned may prorate the monthly amount of the assignment or special duty pay for a member who does not satisfy the eligibility requirement for an entire month to reflect the duration of the member’s actual qualifying service during the month.”.(d) Skill Incentive Pay.—Section 353 of such title is amended—(1) by striking subsection (f) and redesignating subsections (g) through (j) as subsections (f) through (i), respectively; and(2) in subsection (c), by striking paragraph (1) and inserting the following new paragraph:“(1) Skill incentive pay.—(A) Skill incentive pay under subsection (a) may not exceed $1,000 a month.“(B) If a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) for an entire month for receipt of skill incentive pay, the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month. A member of a reserve component entitled to compensation under section 206 of this title who is authorized skill incentive pay under subsection (a) may be paid an amount of such pay that is proportionate to the compensation received 123 STAT. 2357 by the member under section 206 of this title for inactive-duty training.”.