ORS 399.300 Bonus for reenlistment or extension; written agreement; conditions; repayment

The Adjutant General may pay a bonus to a member of the Oregon National Guard who:

Reenlists or extends the member’s period of service in the Oregon National Guard for a period of time that is not less than three years; and

Agrees to meet any other conditions required by the Adjutant General.

A bonus may be paid as a lump sum or in installments over a period of time not to exceed the term of reenlistment or extension of the member’s period of service.

To receive a bonus under this section, a member determined to be eligible for the bonus shall enter into a written agreement with the Adjutant General. The terms of the written agreement must include:

The amount of the bonus;

The payment schedule of the bonus;

The period of time the member agrees to serve in the Oregon National Guard in exchange for the bonus;

The type or condition of the service; and

Any other conditions required by the Adjutant General.

If a member is called into active service as a member of the Oregon National Guard during a period of time covered by an agreement entered into under subsection (3) of this section, the period of time that the member serves on active service shall be credited toward the period of time that the member agrees to serve under subsection (3) of this section.

Except as provided under subsection (6) of this section, a member who receives a bonus under this section and fails to complete the period of service or meet the conditions of service for which the bonus is paid, as specified in the written agreement, shall be liable to repay the amounts of the bonus that have been paid to the member.

The Adjutant General may waive, in whole or in part, the recovery of the amounts of a bonus that have been paid to a member if the Adjutant General finds that requiring the member to repay the amounts of the bonus paid would be contrary to personnel policy or administrative efficiency or would be against equity and good conscience.

A member shall not be liable to repay the amounts of a bonus that have been paid to the member if the member receives a discharge or release for the reason that the member is the only surviving child in a family in which a parent or one or more siblings:

Served in the Armed Forces of the United States; and

Was killed, died as a result of wounds, accident or disease, is in a captured or missing in action status, is permanently 100 percent disabled or is hospitalized on a continuing basis; and

The death, status, disability or hospitalization was not a result from intentional misconduct or willful neglect of the parent or sibling and did not occur during a period of unauthorized absence.

A member or a member’s estate shall not be liable to repay the amounts of a bonus that have been paid to the member and shall be entitled to any amounts of the bonus not yet paid if:

The member dies or is discharged or released with a combat-related disability; and

The death or disability of the member is not a result from misconduct by the member.