Pub. L. 109-163, div. A, tit. VI, subtit. F, sec. 686
SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED PAY UPON APPOINTMENT OF MEMBERS AS OFFICERS.
SEC. 686. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED PAY UPON APPOINTMENT OF MEMBERS AS OFFICERS.(a) Inclusion and Exclusion of Certain Pay Types.—Subsection (d) of section 907 of title 37, United States Code, is amended to read as follows:“(d)(1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade:“(A) Incentive pay for hazardous duty under section 301 of this title.“(B) Submarine duty incentive pay under section 301c of this title.119 STAT. 3326“(C) Special pay for diving duty under section 304 of this title.“(D) Hardship duty pay under section 305 of this title.“(E) Career sea pay under section 305a of this title.“(F) Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section 305b of this title.“(G) Assignment incentive pay under section 307a of this title.“(H) Special pay for duty subject to hostile fire or imminent danger under section 310 of this title.“(I) Special pay or bonus for an extension of duty at a designated overseas location under section 314 of this title.“(J) Foreign language proficiency pay under section 316 of this title.“(K) Critical skill retention bonus under section 323 of this title.“(2) The following special and incentive pays are dependent on a member being in an enlisted status and may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer:“(A) Special duty assignment pay under section 307 of this title.“(B) Reenlistment bonus under section 308 of this title.“(C) Enlistment bonus under section 309 of this title.“(D) Career enlisted flyer incentive pay under section 320 of this title.”.(b) Stylistic Amendments.—Such section is further amended—(1) in subsections (a) and (b)—(A) by striking “he” each place it appears and inserting “the officer”; and(B) by striking “his appointment” each place it appears and inserting “the appointment”; and(2) in subsection (c)(2), by striking “he” and inserting “the officer”.(c) Effective Date.—Subsection (d) of section 907 of title 37, United States Code, as amended by subsection (a), shall apply with respect to any acceptance by an enlisted member of the Armed Forces of an appointment as an officer made on or after the date of the enactment of this Act.