§301a. Incentive pay: aviation career
(a)(1) Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to aviation career incentive pay in the amount set forth in subsection (b) 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 and reserve officers who hold, or are in training 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 Secretary of Homeland Security 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 and Human Services 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) 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) 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 8 of the first 12, and 12 of the first 18 years of the aviation service of the officer. However, if an officer performs the prescribed operational flying duties (including flight training but excluding proficiency flying) for at least 10 but less than 12 of the first 18 years of the aviation service of the officer, the officer will be entitled to continuous monthly incentive pay for the first 22 years of aviation service of the officer. Entitlement to continuous monthly incentive pay ceases for an officer (other than a warrant officer) upon completion of 25 years of aviation service, but such an officer in a pay grade below pay grade O–7 remains entitled to monthly incentive pay under subsection (b)(1) for the performance of operational flying duty.
(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 ceases. For the needs of the service, the Secretary concerned may permit, on a case by case basis, an officer to continue to receive continuous monthly incentive pay despite the failure of the officer to perform the prescribed operational flying duty requirements during the prescribed periods of time so long as the officer has performed those requirements for not less than 6 years of aviation service. The Secretary concerned may not delegate the authority in the preceding sentence to permit the payment of incentive pay under this subsection. If at the completion of 12 years of aviation service entitlement to continuous monthly incentive pay ceases, entitlement to that pay may again commence at the completion of 18 years of aviation service upon completion of the minimum operational flying duty requirements, such pay to continue for a period of time as prescribed in accordance with this section. However, if entitlement to continuous monthly incentive pay ceases in the case of any officer at the completion of either 12 or 18 years of aviation service, such officer remains entitled to monthly incentive pay for the performance of subsequent operational or proficiency flying duties up to the maximum period of time prescribed in accordance with this section.
(6) In this section:
(A) The term "aviation service" means service performed by an officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.
(B) The term "operational flying duty" means flying performed under competent orders by rated or designated members while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation.
(C) The term "proficiency flying duty" means flying performed under competent orders by rated or designated members while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.
(D) The term "officer" includes an individual enlisted, and designated, as an aviation cadet under section 8411 of title 10.
(b)(1) A member who satisfies the requirements described in subsection (a) is entitled to monthly incentive pay as follows:
| Years of aviation service (including flight training) as an officer: | Monthly rate |
|---|---|
| 2 or less | $125 |
| Over 2 | $156 |
| Over 3 | $188 |
| Over 4 | $206 |
| Over 6 | $650 |
| Over 14 | $840 |
| Over 22 | $585 |
| Over 23 | $495 |
| Over 24 | $385 |
| Over 25 | $250 |
(2) An officer in a pay grade above O–6 is entitled, until the officer completes 25 years of aviation service, to be paid at the rates set forth in the table in paragraph (1), except that-
(A) an officer in pay grade O–7 may not be paid at a rate greater than $200 a month; and
(B) an officer in pay grade O–8 or above may not be paid at a rate greater than $206 a month.
(3) For a warrant officer with over 22, 23, 24, or 25 years of aviation service who is qualified under subsection (a), the rate prescribed in the table in paragraph (1) for officers with over 14 years of aviation service shall continue to apply to the warrant officer.
(4) An officer serving as an air battle manager who is entitled to aviation career incentive pay under this section and who, before becoming entitled to aviation career incentive pay, was entitled to incentive pay under section 301(a)(13) of this title, shall be paid the monthly incentive pay at the higher of the following rates:
(A) The rate otherwise applicable to the member under this subsection.
(B) The rate at which the member was receiving incentive pay under section 301(c)(2)(A) of this title immediately before the member's entitlement to aviation career incentive pay under this section.
(c) In time of war, the President may suspend the payment of aviation career incentive pay.
(d) Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title, performs, under orders, duty described in subsection (a) for members entitled to basic pay, he is entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) for the performance of that duty by a member with corresponding years of aviation service who is entitled to basic pay. Such member is entitled to the increase for as long as he is qualified for it, for each regular period of instruction, or period of appropriate duty, at which he is engaged for at least two hours, including that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. This subsection does not apply to a member who is entitled to basic pay under section 204 of this title.
(Added
Editorial Notes
Amendments
2018-Subsec. (a)(6)(D).
2006-Subsec. (f).
2004-Subsec. (b)(4).
2002-Subsec. (a)(3).
1999-Subsec. (b)(4).
1998-Subsec. (a)(4).
Subsec. (a)(6).
Subsec. (b).
Subsec. (d).
1997-Subsec. (b)(1).
| "Over 14 | 840"; |
and by striking out phase II of the table and inserting in lieu thereof the following:
| "Years of service as an officer: | "Monthly rate |
|---|---|
| "Over 22 | 585 |
| "Over 23 | 495 |
| "Over 24 | 385 |
| "Over 25 | 250", |
was repealed by
1996-Subsec. (a)(4).
Subsec. (a)(5).
1993-Subsec. (a)(4).
1991-
1990-Subsec. (e).
"(1) have 12 or 18 years of aviation service, and of those numbers, the number who are entitled to continuous monthly incentive pay under subsection (a) of this section; and
"(2) are performing operational flying duties, proficiency flying, and those not performing flying duties."
1989-Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (f).
1987-Subsec. (a)(6).
1986-Subsec. (a)(6)(C).
Subsec. (b)(1).
1981-Subsec. (a)(4).
Subsec. (b)(1), (2).
1980-Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (b)(2).
1976-Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1999 Amendment
Effective Date of 1997 Amendment
Effective Date of 1993 Amendment
Effective Date of 1989 Amendment; Transition
"(e)
"(A) by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 29, 1989]; and
"(B) by subsections (a), (b), and (d) [amending this section] shall take effect on October 1, 1991.
"(2) The Secretary of a military department may delay, subject to the approval of the Secretary of Defense, the implementation of the amendments made by subsection (c) with respect to the department of that Secretary until such time as the Secretary concerned determines that implementation of those amendments is necessary to meet the needs of that department.
"(3) If the Secretary of a military department delays under paragraph (2) the implementation of the amendments made by subsection (c) beyond October 1, 1991, the Secretary may also delay implementation of the amendments made by subsections (a), (b), and (d) until the date on which the Secretary implements the amendments made by subsection (c). During the delay in implementation, the provisions of section 301a of title 37, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply in the case of such department to the payment of aviation career incentive pay under such section.
"(f)
"(A) has completed years of aviation service in an amount equal to one of the number of years of aviation service specified in column 1 of the following table; and
"(B) has performed, or subsequently performs, the prescribed operational flying duties (including flight training but excluding proficiency flying) during the number of years of aviation service specified in column 2 of such table and corresponding to the number of years of aviation service applicable to the officer under column 1,
shall be entitled to continuous monthly incentive pay at the rates provided in section 301a(b) of title 37, United States Code (as amended by this section)[,] until the officer completes the years of service as an officer specified in column 3 of such table and applicable to the officer.
| COLUMN 1 | COLUMN 2 | COLUMN 3 |
|---|---|---|
| Number of years of aviation service | Number of years performing operational flying duty | Entitlement to continuous monthly incentive pay through the following year of officer service |
| 6 or more | At least 6 of the first 12 years of aviation service | 18 |
| 6 or more | At least 9 but less than 11 of the first 18 years of aviation service | 22 |
| 6 or more | At least 6 of the first 12 and at least 11 of the first 18 years of aviation service | 25 |
| At least 6 but less than 12 | Less than 6 and subsequently completes 6 of the first 12 and 9 of the first 15 years of aviation service | 18 |
| At least 12 but less than 18 | Less than 9 and subsequently completes 9 of the first 18 years of aviation service | 22 |
| At least 12 but less than 18 | Less than 11 and subsequently completes 11 of the first 18 years of aviation service | 25 |
"(2) For purposes of this subsection, the terms 'operational flying duty' and 'proficiency flying duty' have the meaning given to such terms in section 301a(a)(6) of title 37, United States Code."
Effective Date of 1986 Amendment
Effective Date of 1981 Amendment
Effective Date of 1980 Amendment
Amendment by
Effective Date
Monthly Incentive Pay for Certain Officers Entitled to Incentive Pay Under Section 301(a)(1) of This Title on May 31, 1973
"(1) If he is credited with 6 or less years of aviation service as an officer, and with less than 12 years of service as an officer, he is entitled to monthly incentive pay either-
"(A) in the amount he was receiving under section 301(b) of that title on May 31, 1973, or on the day before the effective date of this Act [June 1, 1974], but with no entitlement after either of those dates, as applicable, to any longevity pay increases or increases resulting from promotion to a higher grade until such time as the rate to which he is entitled under section 301a(b) of that title, as added by this Act, is equal to or greater than the amount he was receiving under that section on May 31, 1973, or on the day before the effective date of this Act, and thereafter his entitlement is as prescribed by that section as added by this Act; or
"(B) at the rate prescribed by section 301a(b) of that title, as added by this Act;
whichever is greater. However, an officer who is promoted and assigned to pay grade O–7 or above during the 36-month period following the effective date of this Act [June 1, 1974] may not receive more than the rate which existed for that pay grade, as appropriate, prior to June 1, 1973.
"(2) If he is credited with more than 6 years of aviation service as an officer, or less than 6 years of aviation service but more than 12 years of service as an officer, he may receive monthly incentive pay at the rate prescribed in the table in section 301a(b) of title 37, United States Code, as added by this Act, that is applicable to him, or $165, whichever is greater, for not more than 36 months after the effective date of this Act [June 1, 1974], notwithstanding the provisions of section 301a(a) of that title, as added by this Act, with respect to prescribed operational flying duties (including flight training but excluding proficiency flying). However, under this clause, an officer who is assigned to the pay grade O–7 on the effective date of this Act, or is promoted to the pay grade O–7 during the 36-month period following the effective date of this Act, may not receive more than $160 per month while assigned to that grade.
The amount to which a reserve officer who is entitled to compensation under section 206 of title 37, United States Code, is entitled under this section is governed by the provisions of section 301a(d) of that title, as added by this Act."
Annual Report by Department of Defense
Executive Documents
Delegation of Functions
For delegation of authority under this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security when Coast Guard not serving as part of Navy, see section 1 of Ex. Ord. No. 13294, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.
Executive Order No. 11800
Ex. Ord. No. 11800, Aug. 17, 1974, 39 F.R. 30103, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13286, §58, Feb. 28, 2003, 68 F.R. 10629, which delegated authority vested in President by this section to Secretaries of Defense, Commerce, Health and Human Services, and Homeland Security with respect to Coast Guard when not operating as part of Navy, was revoked by Ex. Ord. No. 13294, §2, Mar. 28, 2003, 68 F.R. 15919, set out as a note under section 301 of this title.