
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[1087(g)(5)]]
[Document affected by Public Law 107-135 Section 132]
[CITE: 38USC7426]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
    SUBCHAPTER II--COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION
 
Sec. 7426. Retirement rights

    (a) Except as provided in subsection (b), persons appointed to the 
Administration shall be subject to the provisions of and entitled to 
benefits under subchapter III of chapter 83 of title 5 or subchapter II 
of chapter 84 of title 5, whichever is applicable.
    (b)(1) In computing the annuity under subchapter III of chapter 83, 
or subchapter II of chapter 84, of title 5 of an individual who retires 
under such subchapter (other than under section 8337 or 8451 of such 
title) after December 31, 1981, and who served at any time on a less-
than-full-time basis in a position in the Administration to which such 
individual was appointed under subchapter I--
        (A) for the purpose of determining such individual's average 
    pay, as defined by section 8331(4) or 8401(3) of title 5, whichever 
    is applicable, the annual rate of basic pay for full-time service 
    shall be deemed to be such individual's rate of basic pay; and
        (B) the amount of such individual's annuity as computed under 
    section 8339 or 8415 of title 5 (before application of any reduction 
    required by subsection (i) of section 8339) shall be multiplied by 
    the fraction equal to the ratio that that individual's total full-
    time equivalent service bears to that individual's creditable 
    service as determined under section 8332 or 8411 of title 5, 
    whichever is applicable.

    (2) For the purposes of paragraph (1)(B), an individual's full-time 
equivalent service is the individual's creditable service as determined 
under section 8332 or 8411 of title 5, whichever is applicable, except 
that any period of service of such individual served on a less-than-
full-time basis shall be prorated based on the fraction such service 
bears to full-time service. For the purposes of the preceding sentence, 
full-time service shall be considered to be 80 hours of service per 
biweekly pay period.
    (3) A survivor annuity computed under section 8341, or subchapter IV 
of chapter 84, of title 5 based on the service of an individual 
described in paragraph (1) shall be computed based upon such 
individual's annuity as determined in accordance with such paragraph.
    (c) The Secretary may authorize an exception to the restrictions in 
subsections (a), (b), and (c) of section 5532 \1\ of title 5 if 
necessary to meet special or emergency employment needs which result 
from a severe shortage of well-qualified candidates in physician 
positions, and registered nurse positions, which otherwise cannot be 
readily met. The authority of the Secretary under the preceding sentence 
with respect to registered-nurse positions expires on December 31, 1994.
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    \1\ See References in Text note below.
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(Added Pub. L. 102-40, title IV, Sec. 401(b)(3)(B), May 7, 1991, 105 
Stat. 231; amended Pub. L. 102-585, title V, Sec. 522, Nov. 4, 1992, 106 
Stat. 4959.)

                       References in Text

    Section 5532 of title 5, referred to in subsec. (c), was repealed by 
Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct. 5, 1999, 113 
Stat. 664.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 4107(i) and 4109 of this title prior to the repeal of those 
sections as part of the complete revision of chapter 73 of this title by 
Pub. L. 102-40.


                               Amendments

    1992--Subsec. (c). Pub. L. 102-585 substituted ``December 31, 1994'' 
for ``September 30, 1992''.
