H. R. 207

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To amend title 5, United States Code, to make permanent the authority under

which comparability allowances may be paid to Government physicians, and to

provide that such allowances be treated as part of basic pay for retirement

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Federal Physicians Comparability

Allowance Amendments of 2000’’.

SEC. 2. AUTHORITY MADE PERMANENT.

(a) IN GENERAL.—

(1) AMENDMENT TO TITLE 5, UNITED STATES CODE.—The

second sentence of section 5948(d) of title 5, United States

Code, is repealed.

(2) AMENDMENT TO THE FEDERAL PHYSICIANS COMPARABILITY ALLOWANCE ACT OF 1978.—Section 3 of the Federal

Physicians Comparability Allowance Act of 1978 (5 U.S.C. 5948

note) is repealed.

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 5948

of title 5, United States Code, is amended—

(1) by repealing paragraph (2) of subsection (j); and

(2) in subsection (j)(1)—

(A) by striking ‘‘(j)(1)’’ and inserting ‘‘(j)’’;

(B) by redesignating subparagraphs (A) through (E)

as paragraphs (1) through (5), respectively; and

(C) in paragraph (5) (as so redesignated by this paragraph) by striking ‘‘subparagraph (B)’’ and inserting ‘‘paragraph (2)’’.

SEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR

RETIREMENT PURPOSES.

(a) DEFINITION OF BASIC PAY.—Section 8331(3) of title 5, United

States Code, is amended—

(1) in subparagraph (F) by striking ‘‘and’’ after the semicolon;

(2) in subparagraph (G) by inserting ‘‘and’’ after the semicolon;

(3) by inserting after subparagraph (G) the following:

‘‘(H) any amount received under section 5948 (relating

to physicians comparability allowances);’’; and
H. R. 207—2

(4) in the matter following subparagraph (H) (as added

by paragraph (3)) by striking ‘‘through (G)’’ and inserting

‘‘through (H)’’.

(b) CIVIL SERVICE RETIREMENT SYSTEM.—

(1) COMPUTATION RULES.—Section 8339 of title 5, United

States Code, is amended by adding at the end the following:

‘‘(s)(1) For purposes of this subsection, the term ‘physicians

comparability allowance’ refers to an amount described in section

8331(3)(H).

‘‘(2) Except as otherwise provided in this subsection, no part

of a physicians comparability allowance shall be treated as basic

pay for purposes of any computation under this section unless,

before the date of the separation on which entitlement to annuity

is based, the separating individual has completed at least 15 years

of service as a Government physician (whether performed before,

on, or after the date of the enactment of this subsection).

‘‘(3) If the condition under paragraph (2) is met, then, any

amounts received by the individual in the form of a physicians

comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that

such amounts are attributable to service performed on or after

the date of the enactment of this subsection, and only to the

extent of the percentage allowable, which shall be determined as

follows:

‘‘If the total amount of service

performed, on or after the date of Then, the percentage

the enactment of this subsection, allowable is:

as a Government physician is:

Less than 2 years ............................................................................. 0

At least 2 but less than 4 years ...................................................... 25

At least 4 but less than 6 years ...................................................... 50

At least 6 but less than 8 years ...................................................... 75

At least 8 years ................................................................................. 100.

‘‘(4) Notwithstanding any other provision of this subsection,

100 percent of all amounts received as a physicians comparability

allowance shall, to the extent attributable to service performed

on or after the date of the enactment of this subsection, be treated

as basic pay (without regard to any of the preceding provisions

of this subsection) for purposes of computing—

‘‘(A) an annuity under subsection (g); and

‘‘(B) a survivor annuity under section 8341, if based on

the service of an individual who dies before separating from

service.’’.

(2) GOVERNMENT PHYSICIAN DEFINED.—Section 8331 of title

5, United States Code, is amended by striking ‘‘and’’ at the

end of paragraph (26), by striking the period at the end of

paragraph (27) and inserting ‘‘; and’’, and by adding at the

end the following:

‘‘(28) ‘Government physician’ has the meaning given that

term under section 5948.’’.

(c) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

(1) COMPUTATION RULES.—Section 8415 of title 5, United

States Code, is amended by adding at the end the following:

‘‘(i)(1) For purposes of this subsection, the term ‘physicians

comparability allowance’ refers to an amount described in section

8331(3)(H).

‘‘(2) Except as otherwise provided in this subsection, no part

of a physicians comparability allowance shall be treated as basic
H. R. 207—3

pay for purposes of any computation under this section unless,

before the date of the separation on which entitlement to annuity

is based, the separating individual has completed at least 15 years

of service as a Government physician (whether performed before,

on, or after the date of the enactment of this subsection).

‘‘(3) If the condition under paragraph (2) is met, then, any

amounts received by the individual in the form of a physicians

comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that

such amounts are attributable to service performed on or after

the date of the enactment of this subsection, and only to the

extent of the percentage allowable, which shall be determined as

follows:

‘‘If the total amount of service

performed, on or after the date of Then, the percentage

the enactment of this subsection, allowable is:

as a Government physician is:

Less than 2 years ............................................................................. 0

At least 2 but less than 4 years ...................................................... 25

At least 4 but less than 6 years ...................................................... 50

At least 6 but less than 8 years ...................................................... 75

At least 8 years ................................................................................. 100.

‘‘(4) Notwithstanding any other provision of this subsection,

100 percent of all amounts received as a physicians comparability

allowance shall, to the extent attributable to service performed

on or after the date of the enactment of this subsection, be treated

as basic pay (without regard to any of the preceding provisions

of this subsection) for purposes of computing—

‘‘(A) an annuity under section 8452; and

‘‘(B) a survivor annuity under subchapter IV, if based on

the service of an individual who dies before separating from

service.’’.

(2) GOVERNMENT PHYSICIAN DEFINED.—Section 8401 of title

5, United States Code, is amended by striking ‘‘and’’ at the

end of paragraph (32), by striking the period at the end of

paragraph (33) and inserting ‘‘; and’’, and by adding at the

end the following:

‘‘(34) the term ‘Government physician’ has the meaning

given such term under section 5948.’’.
H. R. 207—4

(d) CONFORMING AMENDMENT.—Section 5948(h)(1) of title 5,

United States Code, is amended by striking ‘‘chapter 81, 83, or

87’’ and inserting ‘‘chapter 81 or 87’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.