the Physician and Dentist Schedule" for "the director grade".

Subsecs. (d), (e). Pub. L. 93-82, § 203(b)(2), added subsecs. (d) and (e).

1970-Subsec. (a). Pub. L. 91-496 substituted "and" for a comma immediately after "Chief Medical Director", struck out "and Associate Deputy Chief Medical Director," and added “Associate Deputy Chief Medical Director, $36,000.” under the Section 4103 Schedule.

1967-Pub. L. 90-206 increased the pay of the Assistant Chief Medical Director and the salary minimums and maximums for all other positions in the section 4103 schedule, the physician and dentist schedule, and the nurse schedule.

1966-Subsec. (a). Pub. L. 89–785, § 107(a)(1), excepted the Associate Deputy Chief Medical Director.

Pub. L. 89-504 increased the pay of the Assistant Chief Medical Director and the salary minimums and maximums for all other positions in the section 4103 schedule, the physician and dentist schedule, and the nurse schedule.

Subsec. (b). Pub. L. 89-785, § 107(a)(2), eliminated the position of clinic director at an outpatient clinic from par. (2).

Subsec. (c). Pub. L. 89-785, § 107(a)(3), added subsec.

(c).

1965-Pub. L. 89-301 increased the pay of the Assistant Chief Medical Director together with the minimum and maximum figures in the pay scale or ranges for all other positions in the section 4103 schedule, the physician and dentist schedule, and the nurse schedule, by 3.6 percent across the board.

1964-Subsec. (a). Pub. L. 88-426 added subsec. (a) and redesignated former subsec. (a) as (b)(1).

Subsec. (b). Pub. L. 88-426 redesignated former subsecs. (a) and (b) as (b)(1) and (b)(2), respectively, and amended subsec. (b)(1) to increase the salary minimums and maximums for each grade.

1962-Subsec. (a). Pub. L. 87-793 amended subsection generally, and among other changes, established salary scales for Director and Executive grades in the physician and dentist schedule, and Chief and Intermediate grades in the Nursing Schedule, eliminated Junior grades from physician and dentist schedules, and authorized successive increases for physicians, dentists, and nurses, one effective on the first day of the first pay period beginning on or after Oct. 11, 1962, and the other effective on the first day of the first pay period beginning on or after Jan. 1, 1964. The salary ranges prior to this amendment were as follows: Physician and dentist schedule-chief grade $13,730 to $15,030; senior grade $12,210 to $13,510; intermediate grade $10,635 to $11,935; full grade $8,955 to $10,255; associate grade $7,560 to $8,860, and junior grade $6,995 to $7,985; Nurse schedule-assistant director $8,955 to $10,255; senior grade $7,569 to $8,860; full grade $6,435 to $7,425; associate grade $5,600 to $6,630, and junior grade $4,760 to $5,790.

Subsec. (b). Pub. L. 87-793 inserted provisions prohibiting a person from holding director grade unless he is serving as a director of a hospital, domiciliary, center, or outpatient clinic (independent), and from holding executive grade unless he holds the position of chief of staff at a hospital, center, or outpatient clinic (independent), or the position of clinic director at an outpatient clinic, or comparable position, and eliminated provisions which empowered the Administrator to prescribe the hours and conditions of employment and leaves of absence of physicians, dentists, and nurses, which provisions are now contained in section 4108 of this title.

1960-Pub. L. 86-568 increased minimum and maximum salaries for all grades an average of 7.5 percent.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-385 effective Aug. 26, 1980, see section 601(e) of Pub. L. 96-385, set out as a note under section 314 of this title.

EFFECTIVE AND TERMINATION Date of 1977
AMENDMENT

Section 5(a)(3) of Pub. L. 95–201 provided that: “The amendments made by paragraphs (1) and (2) of this subsection [amending this section] shall be effective retroactive to the period beginning on October 21, 1976, and ending on October 8, 1977. Notwithstanding any other provision of law, the Administrator of Veterans' Affairs shall establish retroactively for such period intermediate rates of basic pay between the minimum and maximum pay ranges prescribed in the salary schedule under the heading 'SECTION 4103 SCHEDULE' for the Director of Podiatric Service and in the 'CLINICAL PODIATRIST AND OPTOMETRIST SCHEDULE' in section 4107 of title 38, United States Code."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 of Pub. L. 94-581, set out as a note under section 111 of this title.

EFFECTIVE Date of 1975 AMENDMENT Amendment of subsecs. (a), (b), and (d) by section 2(b) of Pub. L. 94-123 effective Oct. 12, 1975, see section 6(a)(1) of Pub. L. 94-123, set out as an Effective Date note under section 4118 of this title.

Amendment of subsecs. (e)(5) and (f) by enactment of section 5 of Pub. L. 94-123 effective beginning the first pay period following 30 days after Oct. 22, 1975, see section 6(b) of Pub. L. 94-123, set out as a note under section 4104 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective beginning the first pay period following thirty days after Aug. 2, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

EFFECTIVE DATE of 1967 AMENDMENT Amendment by Pub. L. 90-206 effective as of the beginning of the first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90-206, set out as a note under section 5332 of Title 5, Government Organization and Employees.

EFFECTIVE Date of 1966 AMENDMENT

Amendment by Pub. L. 89-504 effective the first day of the first pay period which begins on or after July 1, 1966.

EFFECTIVE Date of 1965 AMENDMENT

Amendment by Pub. L. 89-301 effective the first day of the first pay period which begins on or after October 1, 1965, see section 17 of Pub. L. 89-301.

EFFECTIVE Date of 1964 AMENDMENTS Amendment by Pub. L. 88-426 effective the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426.

EFFECTIVE Date of 1962 AMENDMENT Amendment by Pub. L. 87-793 effective the first day of the first pay period which begins on or after Oct. 11, 1962, see section 805 of Pub. L. 87-793, set out as a note under section 4103 of this title.

EFFECTIVE Date of 1960 AMENDMENT Amendment by Pub. L. 86-568 effective the first day of the first pay period which begins on or after July 1, 1960, see section 122 of Pub. L. 86-568.

PUBLICATION OF REGULATIONS REGARDING BASIC AND ADDITIONAL PAY FOR NURSES AND OTHER HEALTH CARE PERSONNEL

Section 2(d) of Pub. L. 97-251 provided that:

"(1) Not later than one hundred and twenty days after the date of the enactment of this Act [Sept. 8, 1982), the Administrator of Veterans' Affairs shall publish in the Federal Register, for public review and comment for a period of not to exceed sixty days, proposed regulations for the implementation of subsection (e)(10) of section 4107 of title 38, United States Code (as amended by subsection (a) of this section), subsection (g) of such section, and subsection (h) of such section (as added by subsection (c) of this section).

"(2) Not later than three hundred days after the date of the enactment of this Act [Sept. 8, 1982), the Administrator of Veterans' Affairs shall publish in the Federal Register final regulations for the implementation of such subsections."

CONVERSION OF EMPLOYMENT STATUS OF PODIATRISTS AND OPTOMETRISTS IN Department of MEDICINE AND SURGERY; RETROACTIVE EFFECT

Section 5(b) of Pub. L. 95-201 provided that: "Notwithstanding any other provision of law, each person employed in the Department of Medicine and Surgery in the Veterans' Administration as a podiatrist or optometrist shall be converted from employment under part III of title 5, United States Code, to full-time employment under section 4104(1), or temporary fulltime employment or part-time employment under section 4114(a)(1)(A), of title 38, United States Code, and each such conversion (including application of the applicable rates of basic pay provided for in the amendments made by subsection (a) of this section) [amending this section and enacting provision set out as a note hereunder] shall be effective retroactive to October 21, 1976, or the most recent date of appointment in the Department of Medicine and Surgery of the employee concerned under such part III, whichever is the later."

COMPENSATION OF ASSOCIATE DEPUTY CHIEF MEDICAL DIRECTOR

Section 103(c) of Pub. L. 89-785, which set the compensation for the Associate Deputy Chief Medical Director of the Department of Medicine and Surgery of the Veterans' Administration to be the same as that of an Assistant Chief Medical Director in such Department, was repealed by section 2(b) of Pub. L. 91-496, Oct. 22, 1970, 84 Stat. 1092. See section 4103 Schedule in subsec. (a) of this section.

CONTINUATION IN EXECUTIVE GRADE OF CLINIC
DIRECTORS AT OUTPATIENT CLINICS

Section 107(b) of Pub. L. 89-785 provided that: "Any physician or dentist in the executive grade on the date of enactment of this Act [Nov. 7, 1966] by virtue of his holding the position of clinic director at an outpatient clinic may be continued in such grade so long as he continues to hold the same position, notwithstanding the amendment made in section 4107(b) of title 38, United States Code, by section 106(b) of this Act."

ADJUSTMENT OF PAY RATES

Prevention of reductions in pay for any officer or employee of United States by reason of effective date of 1972 Federal pay comparability adjustments, see Pub. L. 93-549, set out as a note under section 5332 of Title 5, Government Organization and Employees.

ADJUSTMENT OF PAY RATES EFFECTIVE FOR PAY PERIODS BEGINNING ON OR AFTER OCTOBER 1, 1982 Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, set out as a note under section 5332 of Title 5, Government Organization and Employees, provided for an adjustment of the pay rates under this section effective on the first day of the first applicable pay period beginning on or after Oct. 1, 1982. See Schedule set out below:

'Single rate.

Basic pay is limited by sec. 4107(d) of title 38 of the United States Code to the rate for level III of the Executive Schedule which is, as of the effective date of this schedule, $70,500. Notwithstanding that rate, the maximum rate payable for this position, as of the effective date of this schedule, is $59,500. (The effect of sec. 101(e) of Public Law 97-276 (the continuing resolution approved October 2, 1982) is to limit the use of the funds so appropriated so that they are not available to pay a salary for this position at a rate which exceeds the rate payable for level III of the Executive Schedule on September 30, 1982.)

Basic pay is limited by sec. 4107(d) of title 38 of the United States Code to the rate for level IV of the Executive Schedule which is, as of the effective date of this schedule, $67,200. Notwithstanding that rate, the maximum rate payable for this position, as of the effective date of this schedule, is $58,500. (The effect of sec. 101(e) of Public Law 97-276 (the continuing resolution approved October 2, 1982) is to limit the use of funds so appropriated so that they are not available to pay a salary for this position at a rate which exceeds the rate payable for level IV of the Executive Schedule on September 30, 1982.)

Basic pay is limited by sec. 4107(d) of title 38 of the United States Code to the rate for level V of the Executive Schedule which is, as of the effective date of this schedule, $63,800. Notwithstanding that rate, the maximum rate payable for these positions or grades, as of the effective date of this schedule, is $57,500. (The effect of sec. 101(e) of Public Law 97-276 (the continuing resolution approved October 2, 1982) is to limit the use of the funds so appropriated so that they are not available to pay a salary for these positions or grades at a rate which exceeds the rate payable for level V of the Executive Schedule on September 30, 1982.)

EXECUTIVE ORDER NO. 11413

Ex. Ord. No. 11413, June 11, 1968, 33 F.R. 8641, which provided for the adjustment of pay rates effective July 1, 1968, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 11474

Ex. Ord. No. 11474, June 16, 1969, 34 F.R. 9605, which provided for the adjustment of pay rates effective July 1, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 11524 Ex. Ord. No. 11524, Apr. 15, 1970, 35 F.R. 6247, which provided for the adjustment of pay rates effective first pay period on or after Dec. 27, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 11576

Ex. Ord. No. 11576, Jan. 8, 1971, 36 F.R. 347, which provided for the adjustment of pay rates effective Jan. 1, 1971, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 11637

Ex. Ord. No. 11637, Dec. 22, 1971, 36 F.R. 24911, which provided for the adjustment of pay rates effective Jan. 1, 1972, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 11691

Ex. Ord. No. 11691, Dec. 15, 1972, 37 F.R. 27607, which provided for the adjustment of pay rates effective Jan. 1, 1973, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 11739

Ex. Ord. No. 11739, Oct. 3, 1973, 38 F.R. 27581, which provided for the adjustment of pay rates effective Oct. 1, 1973, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 11811

Ex. Ord. No. 11811, Oct. 7, 1975, 39 F.R. 3602, which provided for the adjustment of pay rates effective Oct. 1, 1974, was superseded by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 11883

Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for the adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 11941

Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for the adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 12010

Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, which provided for the adjustment of pay rates effective Oct. 1, 1977, was superseded by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 12087

Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for the adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9,

1979, 44 F.R. 58671, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 12165

Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 44 F.R. 16443, which provided for the adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 12248

Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for the adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 12330

Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for the adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, set out as a note under section 5332 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4118 of this title; title 5 sections 6123, 6128.

§ 4108. Personnel administration

(a) Notwithstanding any law, Executive order, or regulation, the Administrator shall prescribe by regulation the hours and conditions of employment and leaves of absence of physicians, dentists, podiatrists, optometrists, nurses, physician assistants, and expanded-function dental auxiliaries appointed to the Department of Medicine and Surgery, except that the hours of employment in carrying out responsibilities under this title of any physician, dentist, podiatrist, optometrist, (other than an intern or resident appointed pursuant to section 4114 of this title), nurse, physician assistant, or expandedfunction dental auxiliary appointed on a fulltime basis who accepts responsibilities for carrying out professional services for remuneration other than those assigned under this title, shall consist of not less than eighty hours in a biweekly pay period (as that term is used in section 5504 of title 5), and no such person may

(1) assume responsibility for the medical care of any patient other than a patient admitted for treatment at a Veterans' Administration facility, except in those cases where the person, upon request and with the approval of the Chief Medical Director, assumes such responsibilities to assist communities or medical practice groups to meet medical needs which would not otherwise be available for a period not to exceed one hundred and eighty calendar days, which may be extended by the Chief Medical Director for additional periods not to exceed one hundred and eighty calendar days each;

(2) teach or provide consultative services at any affiliated institution if such teaching or consultation will, because of its nature or du

ration, conflict with such person's responsibilities under this title;

(3) accept payment under any insurance or assistance program established under subchapter XVIII, or XIX of chapter 7 of title 42, or under chapter 55 of title 10 for professional services rendered by such person while carrying out such person's responsibilities under this title;

(4) accept from any source, with respect to any travel performed by such person in the course of carrying out such person's responsibilities under this title, any payment or per diem for such travel, other than as provided for in section 4111 of title 5;

(5) request or permit any individual or organization to pay, on such person's behalf for insurance insuring such person against malpractice claims arising in the course of carrying out such person's responsibilities under this title or for such person's dues or similar fees for membership in medical or dental societies or related professional associations, except where such payments constitute a part of such person's remuneration for the performance of professional responsibilities permitted under this section, other than those carried out under this title; and

(6) perform, in the course of carrying out such person's responsibilities under this title, professional services for the purpose of generating money for any fund or account which is maintained by an affiliated institution for the benefit of such institution, or for such person's personal benefit, or both, and in the case of any such fund or account established before September 1, 1973–

(A) the affiliated institution shall submit semiannually an accounting to the Administrator and to the Comptroller General of the United States with respect to such fund or account, and thereafter shall maintain such fund or account subject to full public disclosure and audit by the Administrator and the Comptroller General for a period of three years or for such longer period as the Administrator shall prescribe, and

(B) no physician, dentist, podiatrist, optometrist, nurse, physician assistant, or expanded-function dental auxiliary may receive, after September 1, 1973, any cash from amounts deposited in such fund or account derived from services performed prior to the effective date of this subsection. (b) Any person serving as a Chief of Staff of a Veterans' Administration health-care facility shall be appointed on a full-time basis.

(c) As used in this section:

(1) The term "affiliated institution" means any medical school or other institution of higher learning with which the Administrator has a contract or agreement as referred to in section 4112(b) of this title for the training or education of health personnel.

(2) The term “remuneration" means the receipt of any amount of monetary benefit from any non-Veterans' Administration source in payment for carrying out any professional responsibilities.

(d) Notwithstanding any other provision of law, the Administrator may prescribe regula

tions establishing conditions under which officers and employees of the Department of Medicine and Surgery who are nationally recognized principal investigators in medical research may be permitted, in connection with their attendance at meetings or in performing advisory services concerned with the functions or activities of the Veterans' Administration, or in connection with acceptance of significant awards or with activity related thereto concerned with functions or activities of the Veterans' Administration, to accept payment, in cash or in kind, from non-Federal agencies, organizations, and individuals, for travel and such reasonable subsistence expenses as are approved by the Administrator pursuant to such regulations, to be retained by such officers and employees to cover the cost of such expenses or deposited to the credit of the appropriation from which the cost of such expenses is paid, as may be provided in such regulations.

(Added Pub. L. 93-82, title II, § 204(a), Aug. 2, 1973, 87 Stat. 190, and amended Pub. L. 94-123, § 5(e), Oct. 22, 1975, 89 Stat. 675; Pub. L. 94-581, title I, § 110(7), title II, §§ 205(f), 209(a)(1), (2), (c)(4), 210(c)(5), Oct. 21, 1976, 90 Stat. 2849, 2859, 2860, 2862, 2864; Pub. L. 96-22, title V, § 501, June 13, 1979, 93 Stat. 64; Pub. L. 96-330, title I, § 113(a), Aug. 26, 1980, 94 Stat. 1038; Pub. L. 97-295, § 4(83), Oct. 12, 1982, 96 Stat. 1312.)

PRIOR PROVISIONS

A prior section 4108, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 86-568, title I, § 114(g), July 1, 1960, 74 Stat. 301; Pub. L. 87-574, § 3, Aug. 6, 1962, 76 Stat. 308; Pub. L. 87-793, § 803(a), Oct. 11, 1962, 76 Stat. 860, relating to Administration, was repealed by section 204(a) of Pub. L. 93-82.

AMENDMENTS

1982-Subsec. (a)(6). Pub. L. 97-295 substituted "September 1, 1973" for "the effective date of this subsection" wherever appearing.

1980-Subsec. (b). Pub. L. 96-330 added subsec. (b). Former subsec. (b) redesignated as (c)(1).

Subsec. (c). Pub. L. 96-330 designated existing provisions as par. (2) and redesignated former subsec. (b) as par. (1).

1979-Subsec. (d). Pub. L. 96-22 added subsec. (d). 1976-Subsec. (a). Pub. L. 94-581, §§ 110(7), 209(a)(1), (2), (c)(4), 210(c)(5), inserted reference to podiatrists and optometrists, substituted "physician assistants" and "physician assistant" for "physicians' assistants" and "physicians' assistant", respectively, and substituted "expanded-function" for "expanded-duty" in the provisions preceding cl. (1), substituted "person" for "individual" in cl. (1), substituted "such person" for "him" and "such person's" for "his" in cls. (2), (3), (4), (5), and the provisions preceding subcl. (A) of cl. (6), and inserted reference to podiatrist and optometrist, substituted "physician assistant" for "physicians' assistant", and substituted "expanded-function" for "expanded-duty" in subcl. (B) of cl. (6).

Subsec. (b). Pub. L. 94-581, § 205(f), substituted "as referred to in" for "pursuant to".

1975-Subsec. (a). Pub. L. 94-123 in provisions preceding cl. (1), extended the authority of the Administrator to prescribe by regulation the hours and conditions of employment and leaves of absence of physiclans' assistants, and expanded-duty dental auxiliaries, substituted "nurse, physicians' assistant, or expandedduty dental auxiliary appointed on a full-time basis" for "or nurse appointed on a full-time basis", and in cl.

(6)(B), substituted “nurse, physicians' assistant, or expanded-duty dental auxiliary may receive" for "or nurse may receive".

EFFECTIVE Date of 1976 AMENDMENT Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 of Pub. L. 94-581, set out as a note under section 111 of this title.

EFFECTIVE Date of 1975 Amendment

Amendment by Pub. L. 94-123 effective beginning the first pay period following 30 days after Oct. 22, 1975, see section 6(b) of Pub. L. 94-123, set out as a note under section 4104 of this title.

EFFECTIVE DATE

Section effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as an Effective Date of 1973 Amendment note under section 601 of this title.

CONTINUATION OF PART-TIME SERVICE OF INCUMBENT CHIEFS OF STAFF OF VETERANS' ADMINISTRATION HEALTH CARE FACILITIES SERVING ON PART-TIME BASIS ON August 26, 1980

Section 113(b) of Pub. L. 96-330 provided that: "Any individual who on the date of the enactment of this Act [Aug. 26, 1980] is serving as a Chief of Staff of a Veterans' Administration health-care facility on less than full-time basis may continue to serve in that capacity on a part-time basis so long as such individual's proportion of full-time service is not less than the proportion of full-time service in which such individual was serving on such date of enactment [Aug. 26, 1980]."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4143 of this title.

§ 4109. Retirement rights

(a) Except as provided in subsection (b) of this section, persons appointed to the Department of Medicine and Surgery shall be subject to the provisions of and entitled to benefits under subchapter III of chapter 83 of title 5.

(b)(1) In computing the annuity under subchapter III of chapter 83 of title 5 of an individual who retires under such subchapter (other than under section 8337 of such subchapter) after December 31, 1981, and who served at any time on a less-than-full-time basis in a position in the Department of Medicine and Surgery to which such individual was appointed under this subchapter

(A) for the purpose of determining such individual's average pay, as defined by section 8331(4) of title 5, the annual rate of basic pay for full-time service shall be deemed to be such individual's rate of basic pay; and

(B) the amount of such individual's annuity as computed under section 8339 of title 5 (before application of any reduction required by subsection (i) of such section) shall be multiplied by the fraction equal to the ratio that that individual's total full-time equivalent service bears to that individual's creditable service as determined under section 8332 of title 5.

(2) For the purposes of paragraph (1)(B) of this subsection, an individual's full-time equivalent service is the individual's creditable service as determined under section 8332 of title 5, except that any period of service of such indi

vidual served on a less-than-full-time basis shall be prorated based on the fraction such service bears to full-time service. For the purposes of the preceding sentence, full-time service shall be considered to be eighty hours of service per biweekly pay period.

(3) A survivor annuity computed under section 8341 of title 5 based on the service of an individual described in paragraph (1) of this subsection shall be computed based upon such individual's annuity as determined in accordance with such paragraph.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1246; Pub. L. 93–82, title II, § 205(a), Aug. 2, 1973, 87 Stat. 192; Pub. L. 96-330, title I, § 114, Aug. 26, 1980, 94 Stat. 1039; Pub. L. 96-385, title V, § 508(b), Oct. 7, 1980, 94 Stat. 1538; Pub. L. 97-72, title IV, § 402(a), Nov. 3, 1981, 95 Stat. 1062; Pub. L. 97-295, § 4(84), Oct. 12, 1982, 96 Stat. 1312.)

AMENDMENTS

1982-Subsec. (a). Pub. L. 97-295 added “subchapter III of" before "chapter 83".

1981-Subsec. (b). Pub. L. 97-72 revised subsec. (b) into three numbered paragraphs, and made technical adjustments in the method of computing the retirement annuities for individuals who retire under subchapter III of chapter 83 of title 5 (other than section 8337 of title 5) after Dec. 31, 1981, and who served at any time on a less-than-full-time basis in a position in the Department of Medicine and Surgery to which the person was appointed under this subchapter.

1980-Subsec. (a). Pub. L. 96-330 designated existing provision as subsec. (a), and in subsec. (a) as so designated, substituted "Except as provided in subsection (b) of this section, persons" for "Persons".

Subsec. (b). Pub. L. 96-385 inserted "after August 25, 1980," and "after such date" following "any period of service" and "such service", respectively.

Pub. L. 96-330 added subsec. (b).

1973-Pub. L. 93-82 substituted "chapter 83 of title 5" for "the Civil Service Retirement Act”.

EFFECTIVE Date of 1981 AMENDMENT

Section 402(b)(1) of Pub. L. 97-72 provided that: "The amendment made by subsection (2) [amending subsec. (b) of this section] shall take effect as of October 1, 1981."

EFFECTIVE DATE of 1980 AMENDMENT Amendment by Pub. L. 96-385 effective Aug. 26, 1980, see section 601(e) of Pub. L. 96-385, set out as a note under section 314 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

INDIVIDUALS RETIRING During Period Beginning OCTOBER 1, 1981, AND ENDIng on NovemBER 3, 1981 Section 402(b)(2) of Pub. L. 97-72 provided that: "The annuity under subchapter III of chapter 83 of title 5 of an individual who retires under such subchapter during the period beginning on October 1, 1981, and ending on the date of the enactment of this Act [Nov. 3, 1981] and who served at any time on a less-than-full-time basis in a position in the Department of Medicine and Surgery to which such individual was appointed under subchapter I of chapter 73 of title 38, United States Code, shall be computed without regard to section 4109(b) of title 38, United States Code."