38 USC 7433: Special pay: full-time physicians
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38 USC 7433: Special pay: full-time physicians Text contains those laws in effect on January 23, 2000
From Title 38-VETERANS' BENEFITSPART V-BOARDS, ADMINISTRATIONS, AND SERVICESCHAPTER 74-VETERANS HEALTH ADMINISTRATION-PERSONNELSUBCHAPTER III-SPECIAL PAY FOR PHYSICIANS AND DENTISTS

§7433. Special pay: full-time physicians

(a) The Secretary shall provide special pay under this subchapter to eligible physicians employed on a full-time basis based upon the factors, and at the annual rates, specified in subsection (b).

(b) The special pay factors, and the annual rates, applicable to full-time physicians are as follows:

(1) For full-time status, $9,000.

(2)(A) For length of service as a physician within the Veterans Health Administration-

 
Length of ServiceRate
MinimumMaximum
2 years but less than 4 years $4,000 $ 6,000
4 years but less than 8 years 6,000 12,000
8 years but less than 12 years 12,000 18,000
12 years or more 12,000 25,000

(B) The Under Secretary for Health shall specify a uniform national rate for each range of years of service established by or under this paragraph. The Under Secretary for Health may, as to length of service in excess of 12 years, establish uniform national rates for such ranges of years of service as the Under Secretary for Health considers appropriate.

(3)(A) For service in a medical specialty with respect to which there are extraordinary difficulties (on a nationwide basis or on the basis of the needs of a specific medical facility) in the recruitment or retention of qualified physicians, an annual rate of not more than $40,000.

(B) For service by a physician who serves only a portion of a year in a medical specialty for which special pay is paid under subparagraph (A), the annual rate shall be calculated on the basis of the proportion of time served in the specialty for which the special pay is paid.

(4)(A) For service in any of the following executive positions, an annual rate not to exceed the rate applicable to that position as follows:

 
PositionRate
MinimumMaximum
Service Chief (or in a comparable position as determined by the Secretary) $4,500 $15,000
Chief of Staff or in an Executive Grade 14,500 25,000
Director Grade 0 25,000

(B) For service in any of the following executive positions, the annual rate applicable to that position as follows:

 
  PositionRate
 Deputy Service Director $20,000
 Service Director 25,000
 Deputy Assistant Under Secretary for   Health 27,500
 Assistant Under Secretary for Health 30,000
 Associate Deputy Under Secretary for   Health 35,000
 Deputy Under Secretary for Health 40,000
 Under Secretary for Health 45,000

(C) For service by a physician who serves only a portion of a year in an executive position listed in subparagraph (A) or (B) or who serves a portion of a year in such a position and also serves a portion of that year in another position or grade for which special pay is provided under this section, the annual rate shall be calculated on the basis of the proportion of time served in the position or positions for which special pay is provided.

(5) For specialty certification or first board certification, $2,000, and for subspecialty certification or secondary board certification, an additional $500.

(6) For service in a specific geographic location with respect to which there are extraordinary difficulties in the recruitment or retention of qualified physicians in a specific category of physicians, an annual rate of not more than $17,000.

(7)(A) For service by a physician with exceptional qualifications within a specialty, an annual rate of not more than $15,000.

(B) Special pay under this paragraph may be paid to a physician only if the payment of such pay to that physician is approved by the Under Secretary for Health personally and on a case-by-case basis and only to the extent that the rate paid under this paragraph, when added to the total of the rates paid to that physician under paragraphs (1) through (6), does not exceed the total rate that may be paid under those paragraphs to a physician with the same length of service, specialty, and position as the physician concerned.

(Added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 191 ; amended Pub. L. 102–405, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984 ; Pub. L. 103–446, title XII, §1201(e)(22), Nov. 2, 1994, 108 Stat. 4686 .)

Prior Provisions

Provisions similar to those in this subchapter were contained in section 4118 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

1994-Subsec. (b)(3)(A). Pub. L. 103–446 substituted "nationwide" for "nation-wide".

1992-Subsec. (b)(2)(B), (4)(B), (7)(B). Pub. L. 102–405 substituted "Under Secretary for Health" for "Chief Medical Director" wherever appearing.

Effective Date

Section effective on first day of first pay period after July 1, 1991, subject to transition and savings provisions and prohibition on retroactive agreements, see section 104 of Pub. L. 102–40, set out as a note under section 7431 of this title.

Section Referred to in Other Sections

This section is referred to in sections 7432, 7434, 7437 of this title.