§ 7426. Retirement rights

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 401(b)(3)(B) · 105 Stat. 187

   Enacted · 38 U.S.C. § 7426

   Added Pub. L. 102–40, title IV, § 401(b)(3)(B), May 7, 1991, 105 Stat. 231

   Source evidence

   Code source credit
   Added Pub. L. 102–40, title IV, § 401(b)(3)(B), May 7, 1991, 105 Stat. 231

   Enacted provision · exact public law section
   (B) by adding at the end the following new sections: “§ 7424. Travel expenses of certain employees “(a) The Secretary may pay the expenses (other than membership fees) of persons described in sections 7306 and 7401(1) of this title (including persons in positions described in section 7401(1) of this title who are appointed on a temporary full-time basis or a part-time basis under section 7405 of this title) who are detailed by the Chief Medical Director to attend meetings of associations for the promotion of medical and related science. “(b) (1) The Secretary may prescribe regulations establishing conditions under which officers and employees of the Administration who are nationally recognized principal investigators in medical research may be permitted 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 Secretary pursuant to such regulations— “(A) in connection with their attendance at meetings or in performing advisory services concerned with the functions or activities of the Department; or “(B) in connection with acceptance of significant awards or with activity related thereto concerned with functions or activities of the Department. “(2) Any such payment may be retained by such officers and employees to cover the cost of such expenses or shall be deposited to the credit of the appropriation from which the cost of such expenses is paid, as may be provided in such regulations. “§ 7425. Employees: laws not applicable “(a) Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to the following provisions of law: “(1) Section 413 of the Civil Service Reform Act of 1978. “(2) Subchapter II of chapter 31 of title 5. “(3) Subchapter Vin of chapter 33 of title 5. “(4) Subchapter V of chapter 35 of title 5. “(5) Subchapter II of chapter 43 of title 5. “(6) Section 4507 of title 5. “(7) Subchapter VIII of chapter 53 of title 5. “(8) Subchapter V of chapter 75 of title 5. “(b) Notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of section 7306 of this title or this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified. “§ 7426. Retirement rights “(a) Except as provided in subsection (b), persons appointed to the Administration shall be subject to the provisions of and entitled to benefits under subchapter III of chapter 83 of title 5 or subchapter II of chapter 84 of title 5, whichever is applicable. “(b) (1) In computing the annuity under subchapter III of chapter 83, or subchapter II of chapter 84, of title 5 of an individual who retires under such subchapter (other than under section 8337 or 8451 of such title) after December 31, 1981, and who served at any time on a less-than-full-time basis in a position in the Administration to which such individual was appointed under subchapter I— “(A) for the purpose of determining such individual’s average pay, as defined by section 8331(4) or 8401(3) of title 5, whichever is applicable, 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 or 8415 of title 5 (before application of any reduction required by subsection (i) of section 8339) 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 or 8411 of title 5, whichever is applicable. “(2) For the purposes of paragraph (1)(B), an individual’s full-time equivalent service is the individual’s creditable service as determined under section 8332 or 8411 of title 5, whichever is applicable, except that any period of service of such individual 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 80 hours of service per biweekly pay period. “(3) A survivor annuity computed under section 8341, or subchapter IV of chapter 84, of title 5 based on the service of an individual described in paragraph (1) shall be computed based upon such individual’s annuity as determined in accordance with such paragraph. “(c) The Secretary may authorize an exception to the restrictions in subsections (a), (b), and (c) of section 5532 of title 5 if necessary to meet special or emergency employment needs which result from a severe shortage of well-qualified candidates in physician positions, and registered nurse positions, which otherwise cannot be readily Termination date. met. The authority of the Secretary under the preceding sentence with respect to registered-nurse positions expires on September 30, 1992.”.

2. 1992

   Veterans Health Care Act of 1992

   Pub. L. 102–585 title V § 522 · 106 Stat. 4943

   Substituted · 38 U.S.C. § 7426(c)

   Pub. L. 102–585 substituted “December 31, 1994” for “September 30, 1992”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–585 substituted “December 31, 1994” for “September 30, 1992”.

   Enacted provision · exact public law section
   SEC. 522. EXTENSION OF AUTHORITY TO WAIVE CERTAIN LIMITATIONS APPLICABLE TO RECEIPT OF RETIREMENT PAY BY NURSES. Section 7426(c) is amended by striking out “September 30, 1992” and inserting in lieu thereof “December 31, 1994”.

3. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Struck · 38 U.S.C. § 7426(c)

   Pub. L. 106–398 struck out subsec. (c) which read as follows: “The Secretary may authorize an exception to the restrictions in subsections (a), (b), and (c) of section 5532 of title 5 if necessary to meet special or emergency employment needs which result from a severe shortage of well-qualified candidates in physician positions, and registered nurse positions, which otherwise cannot be readily met. The authority of the Secretary under the preceding sentence with respect to registered-nurse positions expires on December 31, 1994.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–398 struck out subsec. (c) which read as follows: “The Secretary may authorize an exception to the restrictions in subsections (a), (b), and (c) of section 5532 of title 5 if necessary to meet special or emergency employment needs which result from a severe shortage of well-qualified candidates in physician positions, and registered nurse positions, which otherwise cannot be readily met. The authority of the Secretary under the preceding sentence with respect to registered-nurse positions expires on December 31, 1994.”

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

4. 2002

   Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

   Pub. L. 107–135 title I § 132 · 115 Stat. 2446

   Added · 38 U.S.C. § 7426(c)

   Pub. L. 107–135 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–135 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 132. COMPUTATION OF ANNUITY FOR PART-TIME SERVICE PERFORMED BY CERTAIN HEALTH-CARE PROFESSIONALS BEFORE APRIL 7, 1986. Section 7426 is amended by adding at the end the following new subsection: “(c) The provisions of subsection (b) shall not apply to the part-time service before April 7, 1986, of a registered nurse, physician assistant, or expanded-function dental auxiliary. In computing the annuity under the applicable provision of law specified in that subsection of an individual covered by the preceding sentence, the service described in that sentence shall be credited as full-time service.”.

4 of 4 references resolved to an enrolled provision