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38 U.S.C. § 7696Term of obligated service

submitted 8 years ago by Pub. L. 115-182 to r/title-38-VETERANS-BENEFITS · 323 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before getting paid, a participant must agree in writing to get licensed, finish specialty training, and serve full-time for the VA — 12 months of service for every $40,000 received, with a 24-month minimum. Anyone who doesn't finish owes back a prorated share of what they received.

(a) In General: On top of the requirements in 5 U.S.C. § 5379(c), before the Secretary may make any payment to or for a participant, the participant must agree in writing to: (1) get a license to practice medicine in a state; (2) successfully finish post-graduate training that makes them eligible for board certification in their specialty; (3) work full-time in clinical practice for the Veterans Health Administration for 12 months for every $40,000 in benefits received, but never fewer than 24 months total; and (4) except as in (b), start that full-time work no later than 60 days after finishing residency. (b) Fellowship: If a participant gets an accredited fellowship in a medical specialty other than one described in section 7692, the Secretary may — if the participant asks in writing — delay the start of the obligated-service period under (a) until after the fellowship ends, but no later than 60 days after it ends. (c) Penalty: (1) An employee who doesn't complete their period of obligated service under this section owes the federal government an amount figured with this formula: A equals B times ((T minus S) divided by T). (2) In the formula: (A) "A" is the amount the employee owes; (B) "B" is the total of all payments made to or for the participant under the Specialty Education Loan Repayment Program; (C) "T" is the total number of months in the employee's period of obligated service; and (D) "S" is the number of whole months of that period the employee actually served. Worked through step by step: subtract the months served (S) from the total months owed (T), divide that result by T, then multiply by the total amount paid (B) — that's what the employee owes.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

In addition to any requirements under section 5379(c) of title 5, a participant in the Specialty Education Loan Repayment Program must agree, in writing and before the Secretary may make any payment to or for the participant, to—

(1)

obtain a license to practice medicine in a State;

(2)

successfully complete post-graduate training leading to eligibility for board certification in a specialty;

(3)

serve as a full-time clinical practice employee of the Veterans Health Administration for 12 months for every $40,000 in such benefits that the employee receives, but in no case for fewer than 24 months; and

(4)

except as provided in subsection (b), to begin such service as a full-time practice employee by not later than 60 days after completing a residency.

(b)Fellowship.—

In the case of a participant who receives an accredited fellowship in a medical specialty other than a medical specialty described in section 7692 of this title, the Secretary, on written request of the participant, may delay the term of obligated service under subsection (a) for the participant until after the participant completes the fellowship, but in no case later than 60 days after completion of such fellowship.

(c)Penalty.—
(1)

An employee who does not complete a period of obligated service under this section shall owe the Federal Government an amount determined in accordance with the following formula: A = B × ((T − S) ÷ T).

(2)

In the formula in paragraph (1):

(A)

A” is the amount the employee owes the Federal Government.

(B)

B” is the sum of all payments to or for the participant under the Specialty Education Loan Repayment Program.

(C)

T” is the number of months in the period of obligated service of the employee.

(D)

S” is the number of whole months of such period of obligated service served by the employee.

Source credit: (Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1465; amended Pub. L. 116–61, § 6(8), Sept. 30, 2019, 133 Stat. 1117.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-182 · 132 Stat. 1465
  • 2019Amended · Pub. L. 116-61 · 133 Stat. 1117

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-182 on 2018-06-06.

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