Page:United States Statutes at Large Volume 105 Part 1.djvu/223

 PUBLIC LAW 102-40—MAY 7, 1991 105 STAT. 195 "(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 of this title as of the day before the effective date of this subchapter if the physician or dentist— "(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 only for the specialpay factors of primary, full-time, and length of service. "(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 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 only for the specialpay factors of primary and length of service. "(f) Any amount of special pay payable under this subchapter shall be psdd 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.

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