§7437. Special pay: general provisions

(a) A physician who is provided special pay for service in an executive position under paragraph (4)(B) of section 7433(b) of this title may not also be provided scarce specialty special pay under paragraph (3) of that section. A dentist who is provided special pay for service in an executive position under paragraph (4) of section 7435(b) of this title for service as a Service Director, Deputy Service Director, Deputy Assistant Under Secretary for Health, or Assistant Under Secretary for Health may not also be provided scarce specialty special pay under paragraph (3) of that section.

(b) The following determinations under this subchapter shall be made under regulations prescribed under section 7431 of this title:

(1) A determination that there are extraordinary difficulties (on a nation-wide basis or on the basis of the needs of a specific medical facility) in the recruitment or retention of qualified physicians in a medical specialty or in the recruitment or retention of qualified dentists in a dental specialty.

(2) A determination of the rate of special pay to be paid to a physician or dentist for a factor of special pay for which the applicable rate is specified as a range of rates.

(3) A determination of whether there are extraordinary difficulties in a specific geographic location in the recruitment or retention of qualified physicians in a specific category of physicians or in the recruitment or retention of qualified dentists in a specific category of dentists.

(c) A determination for the purposes of this subchapter that there are extraordinary difficulties in the recruitment or retention of qualified physicians in a medical specialty, or in the recruitment or retention of qualified dentists in a dental specialty, on the basis of the needs of a specific medical facility may only be made upon the request of the director of that facility.

(d) A physician or dentist may not be provided scarce specialty pay under section 7433(b), 7434(b), 7435(b), or 7436(b) of this title (whichever is applicable) on the basis of the needs of a specific medical facility unless the Secretary also determines that geographic location pay under that section is insufficient to meet the needs of that facility for qualified physicians or dentists, as the case may be.

(e)(1) A physician or dentist shall be paid special pay under this subchapter at a rate not less than the rate of special pay the physician or dentist was paid under section 4118 ¹ of this title as of the day before the effective date of this subchapter if the physician or dentist-

(A) is employed on a full-time basis in the Veterans Health Administration;

(B) was employed as a physician or dentist on a full-time basis in the Administration on the day before such effective date; and

(C) on such effective date was being paid for no special-pay factors other than primary, full-time, length of service, and specialty or board certification.

(2) A physician or dentist shall be paid special pay under this subchapter at a rate not less than the rate of special pay the physician or dentist was paid under section 4118 ¹ of this title as of the day before the effective date of this subchapter if the physician or dentist-

(A) is employed on a part-time basis in the Veterans Health Administration;

(B) was employed as a physician or dentist on a part-time basis in the Administration on the day before such effective date; and

(C) on such effective date was being paid for no special-pay factors other than primary, full-time, length of service, and specialty or board certification.

(f) Any amount of special pay payable under this subchapter shall be paid in equal installments in accordance with regularly established pay periods.

(g) Except as otherwise expressly provided by law, special pay may not be provided to a physician or dentist in the Veterans Health Administration for any factor not specified in section 7433, 7434, 7435, or 7436, as applicable, of this title.

(h) In no case may the total amount of compensation paid to a physician or dentist under this title in any year exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3.

(Added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 194 ; amended Pub. L. 102–405, title II, §204(a), title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1983 , 1984.)

References in Text

Section 4118 of this title, referred to in subsec. (e)(1), (2), was repealed by Pub. L. 102–40, title IV, §401(a)(3), May 7, 1991, 105 Stat. 210 . See sections 7431 to 7440 of this title.

For the effective date of this subchapter, referred to in subsec. (e)(1), (2), see section 104 of Pub. L. 102–40, set out as an Effective Date note under section 7431 of this title.

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

1992-Subsec. (a). Pub. L. 102–405, §302(c)(1), substituted "Under Secretary for Health" for "Chief Medical Director" in two places.

Subsec. (e)(1)(C), (2)(C). Pub. L. 102–405, §204(a), substituted "for no special-pay factors other than primary, full-time, length of service, and specialty or board certification" for "only for the special-pay factors of primary, full-time, and length of service" in par. (1)(C) and for "only for the special-pay factors of primary and length of service" in par. (2)(C).

Effective Date of 1992 Amendment

Section 204(b) of Pub. L. 102–405 provided that: "The amendments made by subsection (a) [amending this section] shall apply as if enacted with the amendment made by section 102 of the Department of Veterans Affairs Health-Care Personnel Act of 1991 (Public Law 102–40; 105 Stat. 187) [enacting this section]."

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.

Availability of Funds

Section 204(c) of Pub. L. 102–405 provided that: "Expenses incurred for periods before October 1, 1991, by reason of the amendments made by subsection (a) [amending this section] may be charged to fiscal year 1992 appropriations available for the same purpose."

¹ See References in Text note below.