Page:United States Statutes at Large Volume 94 Part 1.djvu/1084

 94 STAT. 1034

38 USC 4118. Effective date. 38 USC 4118 note.

PUBLIC LAW 96-330—AUG. 26, 1980

both clauses (A) and (B) of paragraph (1), (2), (3), or (4) (whichever is applicable) of this subsection. "(B)(i) A physician or dentist serving as a Service Chief (or in a comparable position as determined by the Chief Medical Director) on a full-time basis may be provided incentive special pay under subclauses (i) and (iii) of clause (A) as well as under clause (B) of paragraph (1) or (2) (whichever is applicable) of this subsection, "(ii) A physician or dentist serving as a Chief of Staff on a full-time basis may be provided incentive special pay under clause (A)(i) as well as under clause (B) of paragraph (1) or (2) (whichever is applicable) of this subsection. "(d) In determining— "(1) the total amount of special pay provided under this section to any physician or dentist for the purpose of determining the applicability to the special pay of such physician or dentist of the limitation specified in subsection (a) of this section on the total amount of such special pay; and "(2) the total amount of incentive special pay provided under subsection (c) of this section to any physician or dentist for the purpose of determining the applicability to the incentive special pay of such physician or dentist of the limitation specified in such subsection on the total amount of such incentive special pay, there shall be excluded any special pay provided to such physician or dentist under subsection (c)(1)(D), (c)(2)(C), (c)(3)(D), or (c)(4)(C) of this section for service in certain geographic locations.". (d) Subsection (e)(1) of such section is amended by striking out the third sentence thereof. (e) The amendments made by this section shall apply with respect to pay periods beginning after December 31, 1980. CREDITING OF SPECIAL PAY FOR RETIREMENT AND INSURANCE PURPOSES

38 USC 4118.

Annuity computation. 5 USC 8301 et seq. 5 USC 8331.

5 USC 8341.

SEC. 103. (a) Section 4118(f) is amended— (1) by striking out "Any" and inserting in lieu thereof "(1) Except as provided in paragraph (2) of this subsection, any"; (2) by striking out "81, 83, or 87" and inserting in lieu thereof "81 or 83"; and (3) by adding at the end thereof the following new paragraphs: "(2) Additional compensation paid as special pay under this section after September 30, 1980, to any full-time employee shall be included in basic pay for purposes of chapter 83 of title 5. Notwithstanding the preceding sentence, special pay paid to any full-time employee after September 30, 1980, shall be included in average pay, as defined in section 8331(4) of such title, for the purposes of computing an annuity under such chapter only if— "(A) the annuity is paid under section 8337 of title 5 or under subsection (d) or (e) of section 8341 of such title; or "(B) the employee has completed not less than 15 years of fulltime service in the Department of Medicine and Surgery (except that, regardless of the length of such employee's service, no special pay may be included in average pay in computing an annuity that commences before October 1, 1985, and only onehalf of any special pay paid after September 30, 1980, may be included in average pay in computing an annuity that commences on or after October 1, 1985, but before October 1, 1990). "(3) Any additional compensation provided as special pay under this section shall be considered as annual pay for the purposes of

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