38 USC 7435: Special pay: full-time dentists
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38 USC 7435: Special pay: full-time dentists Text contains those laws in effect on January 2, 2001
From Title 38-VETERANS' BENEFITSPART V-BOARDS, ADMINISTRATIONS, AND SERVICESCHAPTER 74-VETERANS HEALTH ADMINISTRATION-PERSONNELSUBCHAPTER III-SPECIAL PAY FOR PHYSICIANS AND DENTISTS

§7435. Special pay: full-time dentists

(a) The Secretary shall provide special pay under this subchapter to eligible dentists 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 dentists are as follows:

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

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

 
Length of ServiceRate
MinimumMaximum
1 year but less than 2 years $1,000 $2,000  
2 years but less than 4 years 4,000 5,000  
4 years but less than 8 years 5,000 8,000  
8 years but less than 12 years 8,000 12,000  
12 years but less than 20 years 12,000 15,000  
20 years or more 15,000 18,000.

(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 dental 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 dentists, an annual rate of not more than $30,000.

(B) For service by a dentist who serves only a portion of a year in a dental 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
Chief of Staff or in an Executive Grade $14,500 $25,000  
Director Grade 0 25,000  
Service Chief (or in a comparable position as determined by the Secretary) 4,500 15,000.

(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 (or in a comparable position as determined by the Secretary) 30,000.

(C) For service by a dentist 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 or first board certification, $2,000 and for subspecialty 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 dentists in a specific category of dentists, an annual rate not more than $12,000.

(7)(A) For service by a dentist with exceptional qualifications within a specialty, an annual rate of not more than $5,000.

(B) Special pay under this paragraph may be paid to a dentist only if the payment of such pay to that dentist 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 dentist under paragraphs (1) through (6), does not exceed the total rate that may be paid under those paragraphs to a dentist with the same length of service, specialty, and position as the dentist concerned.

(8) For a dentist who has successfully completed a post-graduate year of hospital-based training in a program accredited by the American Dental Association, an annual rate of $2,000 for each of the first two years of service after successful completion of that training.

(Added Pub. L. 102–40, title I, §102, May 7, 1991, 105 Stat. 193 ; 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 ; Pub. L. 106–419, title II, §202(a)–(f), Nov. 1, 2000, 114 Stat. 1840 , 1841.)

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

2000-Subsec. (b)(1). Pub. L. 106–419, §202(a), substituted "$9,000" for "$3,500".

Subsec. (b)(2)(A). Pub. L. 106–419, §202(b), amended table generally, inserting item relating to rates for service between 1 and 2 years, substituting items relating to rates for service between 12 and 20 years and rates for service of 20 years or more for item relating to rates for service of 12 years or more, and increasing rates in existing items.

Subsec. (b)(3)(A). Pub. L. 106–419, §202(c), substituted "$30,000" for "$20,000".

Subsec. (b)(4)(A), (B). Pub. L. 106–419, §202(d), amended tables generally, increasing rates and moving items relating to Service Director and Deputy Service Director from subpar. (A) to (B).

Subsec. (b)(6). Pub. L. 106–419, §202(e), substituted "$12,000" for "$5,000".

Subsec. (b)(8). Pub. L. 106–419, §202(f), added par. (8).

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 of 2000 Amendment

Pub. L. 106–419, title II, §202(h), Nov. 1, 2000, 114 Stat. 1841 , provided that: "The amendments made by this section [amending this section and section 7438 of this title] shall apply with respect to agreements entered into by dentists under subchapter III of chapter 74 of title 38, United States Code, on or after the date of the enactment of this Act [Nov. 1, 2000]."

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.

Transition

Pub. L. 106–419, title II, §202(i), Nov. 1, 2000, 114 Stat. 1841 , provided that: "In the case of an agreement entered into by a dentist under subchapter III of chapter 74 of title 38, United States Code, before the date of the enactment of this Act [Nov. 1, 2000] that expires after that date, the Secretary of Veterans Affairs and the dentist concerned may agree to terminate that agreement as of the date of the enactment of this Act in order to permit a new agreement in accordance with section 7435 of such title, as amended by this section, to take effect as of that date."

Section Referred to in Other Sections

This section is referred to in sections 7436, 7437, 7438 of this title.