25 U.S.C. § 1616j — Retention bonus

submitted 38 years ago by Pub. L. 94-437 to r/title-25-INDIANS · 399 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may pay retention bonuses to qualifying Service physicians and nurses, including some working under tribal contracts. The bonus is paid at the start, cannot exceed $25,000 per year, and generally must be repaid with interest if the service term is not completed.

(a) Eligibility. The Secretary may pay a retention bonus to a physician or nurse employed by or assigned to and serving in the Service as a civilian or as a commissioned officer in the Regular or Reserve Corps of the Public Health Service if the person (1) serves in a listed position where recruitment or retention is difficult; (2) is needed by the Service; (3) has either completed three years with the Service or completed service obligations from a Federal scholarship or education-loan repayment program; and (4) agrees to continue working for the Service for at least one year. (b) Nurses. Starting in fiscal year 1993, at least 25 percent of the retention bonuses awarded each year must go to nurses. (c) Rates. The Secretary may set bonus rates, including a higher yearly rate for multiyear agreements than for one-year agreements. The yearly rate may never exceed $25,000. (d) Payment. The bonus for the whole agreed term must be paid when that term begins. (e) Refund. A physician or nurse who does not complete the term, unless the failure was not the person’s fault, must repay the Government the full bonus for the covered period plus interest set under 25 U.S.C. § 1616a(l)(2)(B). (f) Tribal contractors. The Secretary may pay a bonus to a physician or nurse employed by an organization providing Indian health care under an Indian Self-Determination Act contract if the Service finds the position both hard to recruit or retain and necessary to provide care to Indians.

the actual law source: uscode.house.gov ↗public domain

(a) Eligibility

The Secretary may pay a retention bonus to any physician or nurse employed by, or assigned to, and serving in, the Service either as a civilian employee or as a commissioned officer in the Regular or Reserve Corps 1 of the Public Health Service who—

(1)

is assigned to, and serving in, a position included in the list established under section 1616i(b)(1) of this title for which recruitment or retention of personnel is difficult,

(2)

the Secretary determines is needed by the Service,

(3)

has—

(A)

completed 3 years of employment with the Service, or

(B)

completed any service obligations incurred as a requirement of—

(i)

any Federal scholarship program, or

(ii)

any Federal education loan repayment program, and

(4)

enters into an agreement with the Service for continued employment for a period of not less than 1 year.

(b) Minimum award percentage to nurses

Beginning with fiscal year 1993, not less than 25 percent of the retention bonuses awarded each year under subsection (a) shall be awarded to nurses.

The Secretary may establish rates for the retention bonus which shall provide for a higher annual rate for multiyear agreements than for single year agreements referred to in subsection (a)(4), but in no event shall the annual rate be more than $25,000 per annum.

(d) Time of payment

The retention bonus for the entire period covered by the agreement described in subsection (a)(4) shall be paid at the beginning of the agreed upon term of service.

(e) Refund; interest

Any physician or nurse failing to complete the agreed upon term of service, except where such failure is through no fault of the individual, shall be obligated to refund to the Government the full amount of the retention bonus for the period covered by the agreement, plus interest as determined by the Secretary in accordance with section 1616a(l)(2)(B) of this title.

(f) Physicians and nurses employed under Indian Self-Determination Act

The Secretary may pay a retention bonus to any physician or nurse employed by an organization providing health care services to Indians pursuant to a contract under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] if such physician or nurse is serving in a position which the Secretary determines is—

(1)

a position for which recruitment or retention is difficult; and

(2)

necessary for providing health care services to Indians.

Source credit: (Pub. L. 94–437, title I, § 117, as added Pub. L. 100–713, title I, § 109, Nov. 23, 1988, 102 Stat. 4799; amended Pub. L. 102–573, title I, § 104(d), Oct. 29, 1992, 106 Stat. 4533.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 94-437 · 102 Stat. 4799
1992Amended · Pub. L. 102-573 · 106 Stat. 4533

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-437 on 1988-11-23.

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