
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 202(a)-(f)]
[Document affected by Public Law 106-419 Section 202(a)-(f)]
[Document affected by Public Law 106-419 Section 202(h)]
[Document affected by Public Law 106-419 Section 202(i)]
[CITE: 38USC7435]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
         SUBCHAPTER III--SPECIAL PAY FOR PHYSICIANS AND DENTISTS
 
Sec. 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, $3,500.
        (2)(A) For length of service as a dentist within the Veterans 
    Health Administration--

------------------------------------------------------------------------
                                                            Rate
                 Length of Service                 ---------------------
                                                     Minimum    Maximum
------------------------------------------------------------------------
  2 years but less than 4 years...................     $1,000     $2,000
  4 years but less than 8 years...................      2,000      3,000
  8 years but less than 12 years..................      3,000      3,500
  12 years or more................................      3,000      4,000
------------------------------------------------------------------------

        (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 $20,000.
        (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:

------------------------------------------------------------------------
                                                            Rate
                     Position                      ---------------------
                                                     Minimum    Maximum
------------------------------------------------------------------------
  Service Director................................     $1,000     $9,000
  Deputy Service Director.........................      1,000      8,000
  Chief of Staff or in an Executive Grade.........      1,000      8,000
  Director Grade..................................          0      8,000
  Service Chief (or in a comparable position as         1,000      5,000
   determined by the Secretary)...................
------------------------------------------------------------------------

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


                             Position                             Rate

  Assistant Under Secretary for Health (or   in a comparable     $10,000
 position as determined   by the Secretary)..................
  Deputy Assistant Under Secretary for   Health..............     10,000


        (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 $5,000.
        (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.

(Added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 193; 
amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 
Stat. 1984; Pub. L. 103-446, title XII, Sec. 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 7436, 7437 of this title.
