
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: 38USC7457]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
      SUBCHAPTER IV--PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL
 
Sec. 7457. On-call pay

    (a) The Secretary may pay an employee to whom this section applies 
pay at the rate provided in section 7453(h) of this title except for 
such time as the employee may be called back to work.
    (b) This section applies to an employee who meets each of the 
following criteria:
        (1) The employee is employed in a position listed in paragraph 
    (3) of section 7401 of this title or meets the criteria specified in 
    clauses (i), (ii), and (iii) of section 7455(a)(2)(B) of this title.
        (2) The employee is employed in a work unit for which on-call 
    premium pay is authorized.
        (3) The employee is officially scheduled to be on call outside 
    such employee's regular hours or on a holiday designated by Federal 
    statute or Executive order.

    (c) An employee who is eligible for on-call pay under subsection (a) 
and who was receiving standby premium pay pursuant to section 5545 of 
title 5 on May 20, 1988, shall, as long as such employee is employed in 
the same position and work unit and remains eligible for such standby 
pay, receive pay for any period of on-call duty at the rate equal to the 
greater of--
        (1) the rate of pay which such employee would receive if being 
    paid the rate of standby pay pursuant to such section that such 
    individual would be entitled to receive if such individual were not 
    scheduled to be on call instead, or
        (2) the rate of pay which such employee is entitled to receive 
    including on-call premium pay described in subsection (a).

(Added Pub. L. 102-40, title IV, Sec. 401(b)(4), May 7, 1991, 105 Stat. 
236.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 4107(j) 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.

                  Section Referred to in Other Sections

    This section is referred to in section 7404 of this title.
