
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7437]

 
                      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. 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--
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    \1\ See References in Text note below.
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        (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, Sec. 102, May 7, 1991, 105 Stat. 194; 
amended Pub. L. 102-405, title II, Sec. 204(a), title III, 
Sec. 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, Sec. 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, Sec. 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, Sec. 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.''
