Notes on 38 U.S.C. § 7431 : US Code - Notes

Search Notes on 38 U.S.C. § 7431 : US Code - Notes

(Added Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2636.)
PRIOR PROVISIONS
A prior section 7431, added Pub. L. 102-40, title I, Sec. 102,
May 7, 1991, 105 Stat. 188; amended Pub. L. 102-405, title III,
Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984, related to authority
of Secretary to provide for special pay, prior to the general
amendment of this subchapter by Pub. L. 108-445.
EFFECTIVE DATE
Pub. L. 108-445, Sec. 3(d), Dec. 3, 2004, 118 Stat. 2641,
provided that:
"(1) Notwithstanding the 60-day waiting requirement in section
7431(e)(1)(C) of title 38, United States Code (as amended by
subsection (b)), pay provided for a physician or dentist under
subchapter III of chapter 74 of such title, as amended by
subsection (b), shall take effect on the first day of the first pay
period applicable to such physician or dentist that begins on or
after January 1, 2006.
"(2) Pay provided for the Under Secretary for Health under
subchapter III of chapter 74 of title 38, United States Code, as
amended by this section shall take effect on the first day of the
first pay period applicable to the Under Secretary that begins on
or after January 1, 2006."
TRANSITION PROVISIONS
Pub. L. 108-445, Sec. 3(e), Dec. 3, 2004, 118 Stat. 2641,
provided that:
"(1) Physicians and dentists. -
"(A) Pay. - (i) The amount of the pay payable on and after the
date of the enactment of this Act [Dec. 3, 2004] to a physician
or dentist in receipt of pay under section 7404 or 7405 of title
38, United States Code, as of the day before such date shall
continue to be determined under such section (as in effect on the
day before such date) until the effective date that is applicable
under subsection (d) [set out as a note above] to such physician
or dentist, as the case may be.
"(ii) A physician or dentist appointed or reassigned on or
after the date of the enactment of this Act, but before the
effective date applicable under subsection (d) to such physician
or dentist, shall be compensated in accordance with applicable
provisions of section 7404 or 7405 of title 38, United States
Code (as in effect on the day before date of the enactment of
this Act), until such effective date.
"(B) Special pay. - (i) A special pay agreement entered into by
a physician or dentist under subchapter III of chapter 74 of
title 38, United States Code, before the date of the enactment of
this Act shall terminate on the date of the enactment of this
Act. However, a physician or dentist in receipt of special pay
pursuant to such an agreement on that date shall continue to
receive special pay under the terms of such agreement until the
effective date that is applicable under subsection (d) to such
physician or dentist.
"(ii) A physician or dentist described in subparagraph (A)(ii)
may be paid special pay under applicable provisions of section
7433, 7434, 7435, or 7436 of title 38, United States Code (as in
effect on the day before the date of the enactment of this Act),
during the period beginning on the date of the appointment or
reassignment of such physician or dentist, as the case may be,
and ending on the effective date applicable under subsection (d)
to such physician or dentist. However, no special pay agreement
shall be required for the payment of special pay under this
clause.
"(C) Treatment of special pay. - (i) Special pay paid under
subparagraph (B) to a physician or dentist during the period
beginning on the date of the enactment of this Act and ending on
the effective date applicable under subsection (d) to such
physician or dentist shall be subject to the provisions of
paragraphs (1), (2), (4), (5), and (6) of section 7438(b) of
title 38, United States Code (as in effect on the day before the
date of the enactment of this Act).
"(ii) Special pay paid to a physician or dentist under section
7438 of title 38, United States Code (as in effect on the day
before the date of the enactment of this Act), shall be fully
creditable for purposes of computing benefits under chapters 83
and 84 of title 5, United States Code.
"(D) Preservation of pay. - The amount of pay paid to a
physician or dentist after the effective date of this Act shall
not be less than the amount of pay paid to such physician or
dentist on the day before the effective date of this Act while
such physician or dentist remains in the same position or
assignment.
"(2) Under secretary for health. -
"(A) Special pay. - (i) The current special pay agreement
entered into by the Under Secretary for Health under subchapters
I and III of chapter 74 of title 38, United States Code, before
the date of the enactment of this Act [Dec. 3, 2004] shall
terminate on the date of the enactment of this Act. However, the
Under Secretary shall continue to receive special pay under the
terms of such agreement until the effective date that is
applicable under subsection (d) [set out as a note above] to the
Under Secretary.
"(ii) An individual appointed as Under Secretary for Health on
or after the date of the enactment of this Act and before the
effective date applicable under subsection (d) to the Under
Secretary shall be paid special pay in accordance with the
provisions of sections 7432(d)(2) and 7433 of title 38, United
States Code (as in effect on the day before the date of the
enactment of this Act), during the period beginning on the date
of appointment and ending on such effective date. However, no
special pay agreement shall be required for the payment of
special pay under this clause.
"(B) Treatment of special pay. - Special pay paid under
subparagraph (A) during the period beginning on the date of the
enactment of this Act and ending on the effective date applicable
under subsection (d) to the Under Secretary -
"(i) shall be subject to the provisions of paragraphs (1),
(2), (4), (5), and (6) of section 7438(b) of title 38, United
States Code (as in effect on the day before the date of the
enactment of this Act); and
"(ii) shall be fully creditable for purposes of computing
benefits under chapters 83 and 84 of title 5, United States
Code."
INITIAL RATES OF BASE PAY FOR PHYSICIANS AND DENTISTS
Pub. L. 108-445, Sec. 3(c), Dec. 3, 2004, 118 Stat. 2641,
provided that: "The initial rates of base pay established for the
base pay steps under the Physician and Dentist Base and Longevity
Pay Schedule provided in section 7431(b) of title 38, United States
Code (as added by subsection (b)), are as follows:
"Base Pay Step: Rate of Pay:
1 $90,000
2 $93,000
3 $96,000
4 $99,000
5 $102,000
6 $105,000
7 $108,000
8 $111,000
9 $114,000
10 $117,000
11 $120,000
12 $123,000
13 $126,000
14 $129,000
15 $132,000."