38 U.S.C. § 7458 — Recruitment and retention bonus pay

Page 1254 TITLE 38—VETERANS’ BENEFITS § 7457 (3) A nurse who works a work schedule de- scribed in this subsection who is absent on ap- proved sick leave or annual leave during a scheduled 12-hour tour of duty shall be charged for such leave at a rate of ten hours of leave for every nine hours of absence. (c) HOLIDAY PAY.—A nurse working a work schedule under subsection (b) that includes a holiday designated by law or Executive order shall be eligible for holiday pay under section 7453(d) of this title for any service performed by the nurse on such holiday under such section. (d) 9-MONTH WORK SCHEDULE FOR CERTAIN NURSES.—(1) The Secretary may authorize a reg- istered nurse appointed under section 7405 of this title, with the nurse’s written consent, to work full time for nine months with 3 months off duty, within a fiscal year, and be paid at 75 percent of the full-time rate for such nurse’s grade for each pay period of such fiscal year. (2) A nurse who works under the authority in paragraph (1) shall be considered a 0.75 full-time equivalent employee in computing full-time equivalent employees for the purposes of deter- mining compliance with personnel ceilings. (3) Work under this subsection shall be consid- ered part-time service for purposes of computing benefits under chapters 83 and 84 of title 5. (4) A nurse who works under the authority in paragraph (1) shall be considered a full-time em- ployee for purposes of chapter 89 of title 5. (e) NOTIFICATION OF MODIFICATION OF BENE- FITS.—The Secretary shall provide each em- ployee with respect to whom an alternate work schedule under this section may apply written notice of the effect, if any, that the alternate work schedule will have on the employee’s health care premium, retirement, life insurance premium, probationary status, or other benefit or condition of employment. The notice shall be provided not later than 14 days before the em- ployee consents to the alternate work schedule. (f) REGULATIONS.—The Secretary shall pre- scribe regulations to carry out this section. (Added Pub. L. 108–445, § 4(a)(1), Dec. 3, 2004, 118 Stat. 2643; amended Pub. L. 111–163, title VI, § 602(c), May 5, 2010, 124 Stat. 1173.) Editorial Notes AMENDMENTS 2010—Subsec. (b). Pub. L. 111–163, § 602(c)(2)(A), sub- stituted ‘‘72/80’’ for ‘‘36/40’’ in heading. Subsec. (b)(1)(A). Pub. L. 111–163, § 602(c)(1), sub- stituted ‘‘six regularly scheduled 12-hour tours of duty within a 14-day period shall be considered for all pur- poses to have worked a full 80-hour pay period.’’ for ‘‘three regularly scheduled 12-hour tours of duty within a work week shall be considered for all purposes to have worked a full 40-hour basic work week.’’ Subsec. (b)(2)(A). Pub. L. 111–163, § 602(c)(2)(B), sub- stituted ‘‘80-hour pay period’’ for ‘‘40-hour basic work week’’. Subsec. (b)(3). Pub. L. 111–163, § 602(c)(2)(C), struck out ‘‘regularly’’ before ‘‘scheduled 12-hour tour’’. § 7457. On-call pay (a) The Secretary may pay an employee to whom this section applies pay at the rate pro- vided in section 7453(h) of this title except for such time as the employee may be called back to work. (b) This section applies to an employee who meets each of the following criteria: (1) The employee is employed in a position listed in paragraph (3) of section 7401 of this title or meets the criteria specified in clauses (i), (ii), and (iii) of section 7455(a)(2)(B) of this title. (2) The employee is employed in a work unit for which on-call premium pay is authorized. (3) The employee is officially scheduled to be on call outside such employee’s regular hours or on a holiday designated by Federal statute or Executive order. (c) An employee who is eligible for on-call pay under subsection (a) and who was receiving standby premium pay pursuant to section 5545 of title 5 on May 20, 1988, shall, as long as such em- ployee is employed in the same position and work unit and remains eligible for such standby pay, receive pay for any period of on-call duty at the rate equal to the greater of— (1) the rate of pay which such employee would receive if being paid the rate of standby pay pursuant to such section that such indi- vidual would be entitled to receive if such in- dividual were not scheduled to be on call in- stead, or (2) the rate of pay which such employee is entitled to receive including on-call premium pay described in subsection (a). (Added Pub. L. 102–40, title IV, § 401(b)(4), May 7, 1991, 105 Stat. 236.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4107(j) of this title prior to the repeal of that section as part of the complete revision of chap- ter 73 of this title by Pub. L. 102–40. § 7458. Recruitment and retention bonus pay (a)(1) In order to recruit and retain registered nurses, the Secretary may enter into agree- ments under this section. Such an agreement may be entered into with any registered nurse who is employed at, or who agrees to accept em- ployment with the Department at, a Depart- ment health-care facility that is designated by the Secretary as a health-care facility with a significant shortage in registered nurses in any clinical service. (2) A registered nurse entering into an agree- ment under this section shall agree to remain employed by the Department as a registered nurse for a period of time to be specified in the agreement and to serve during that period in a specific health-care facility that is designated by the Secretary as a health-care facility with a significant shortage of registered nurses in that nurse’s clinical service. Such period may not be less than two years or more than four years. Such employment during such period may be on a full-time basis or a part-time basis, as speci- fied in the agreement. Part-time employment as specified in such an agreement may not be less than half-time. (b)(1) The Secretary shall pay to any nurse en- tering into an agreement under this section bonus pay in an amount specified in the agree- Page 1255 TITLE 38—VETERANS’ BENEFITS § 7459 ment. The amount of such bonus pay may not exceed— (A) $2,000 per year, in the case of an agree- ment for two years, (B) $3,000 per year, in the case of an agree- ment for three years, and (C) $4,000 per year, in the case of an agree- ment for four years. (2) In the case of an agreement for employ- ment on less than a full-time basis, the amount of bonus pay shall be pro-rated accordingly. (c)(1) Except as provided in paragraph (2) of this subsection, a bonus under this section shall be paid in equal installments after each year of service is completed throughout the period of obligated service specified in the agreement. (2)(A) The Secretary may make a payment in an amount not in excess of 25 percent of the total bonus in a lump sum at the time that the period of obligated service commences under the agreement. (B) If the Secretary makes a lump-sum pay- ment under subparagraph (A) of this paragraph, the remaining balance of the bonus shall be paid in equal installments after each year of service is completed throughout the period of obligated service specified in the agreement. (d)(1) A bonus paid to any individual under this section shall be in addition to any pay or al- lowance to which the individual is entitled. (2) The amount of a bonus paid under this sec- tion shall not be considered to be basic pay for the purposes of sections 5551, 5552, and 5595 of title 5, chapters 81, 83, 84, and 87 of such title, or any other provision of law creating an entitle- ment to benefits based on basic pay. (e) At least once each year the Secretary, upon the recommendation of the Under Sec- retary for Health, shall determine the specific health-care facilities and clinical services, if any, as to which there are significant problems with respect to the recruitment and retention of registered nurses. Upon making any such deter- mination, the Secretary shall promptly notify the Committees on Veterans’ Affairs of the Sen- ate and the House of Representatives of the de- termination and the basis for the determination. (f) The Secretary may enter into agreements under this section with individuals in a health profession other than nursing (and other than a health profession for which special pay may be provided under subchapter III) if the Secretary determines that there are significant problems with respect to recruitment and retention of employees in that health profession. The Sec- retary’s authority to enter into any such agree- ment under this section, and such agreement, shall be subject to the provisions of this section in the same manner as are the authority to enter into an agreement under this section with a registered nurse and such an agreement. (g)(1) Except as provided in paragraph (2) of this subsection, an individual who voluntarily, or because of misconduct, fails to perform serv- ices as assigned by the Secretary for the period of obligated service provided in an agreement under this section shall refund to the United States the amount by which the total amount of bonus payments received by that individual under this section exceeds the amount that such individual would have received under an agree- ment under this section to serve for the period of obligated service actually served (as deter- mined at the time the agreement is entered into). If the period actually served is less than two years, the amount to be refunded is the en- tire amount paid to the individual. (2) An individual shall not be required to make a refund under paragraph (1) of this subsection if the Secretary determines, in accordance with regulations prescribed under subsection (h) of this section, that the individual’s failure to per- form services for the period of obligated service is due to circumstances (not including separa- tion for cause) beyond the control of the indi- vidual. (3) An obligation to refund any portion of a bonus payment under this subsection is, for all purposes, a debt owed to the United States. (4) The provisions of this subsection and the specific amounts that the individual could be re- quired to refund shall be disclosed to the indi- vidual at the time the agreement is entered into and shall be clearly set forth in the contract. (h) The Secretary shall prescribe regulations to carry out this section. (Added Pub. L. 100–322, title II, § 212(a)[(1)], May 20, 1988, 102 Stat. 514, § 4120; renumbered § 7458 and amended Pub. L. 102–40, title IV, § 401(c)(4), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(h)(4), Nov. 2, 1994, 108 Stat. 4688; Pub. L. 110–387, title IX, § 901(a)(6), Oct. 10, 2008, 122 Stat. 4142.) Editorial Notes AMENDMENTS 2008—Subsec. (b)(2). Pub. L. 110–387 substituted ‘‘pro- rated’’ for ‘‘pro rated’’. 1994—Pub. L. 103–446 substituted ‘‘Recruitment and retention bonus pay’’ for ‘‘Recruitment and retention bonus pay for nurses and certain other health-care per- sonnel’’ as section catchline. 1992—Subsec. (e). Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Director’’. 1991—Pub. L. 102–40 renumbered section 4120 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ wherever appearing. Subsecs. (b)(1), (c)(2), (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places and ‘‘Secretary’s’’ for ‘‘Administrator’s’’. Pub. L. 102–40 substituted ‘‘subchapter III’’ for ‘‘sec- tion 4118 of this title’’. Subsecs. (g)(1), (2), (h). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. § 7459. Nursing staff: special rules for overtime duty (a) LIMITATION.—Except as provided in sub- section (c), the Secretary may not require nurs- ing staff to work more than 40 hours (or 24 hours if such staff is covered under section 7456 of this title) in an administrative work week or more than eight consecutive hours (or 12 hours if such staff is covered under section 7456 or 7456A of this title).