II

106TH CONGRESS

2D SESSION H. R. 207

IN THE SENATE OF THE UNITED STATES

NOVEMBER 1 (legislative day, SEPTEMBER 22), 2000

Received

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Comparability Allowance Amendments of 2000’’.

6 SEC. 2. AUTHORITY MADE PERMANENT.

7 (a) IN GENERAL.—

8 (1) AMENDMENT TO TITLE 5, UNITED STATES

9 CODE.—The second sentence of section 5948(d) of

10 title 5, United States Code, is repealed.

11 (2) AMENDMENT TO THE FEDERAL PHYSICIANS

12 COMPARABILITY ALLOWANCE ACT OF 1978.—Section

13 3 of the Federal Physicians Comparability Allowance

14 Act of 1978 (5 U.S.C. 5948 note) is repealed.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 Section 5948 of title 5, United States Code, is amended—

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

18 and

19 (2) in subsection (j)(1)—

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

21 ‘‘(j)’’;

22 (B) by redesignating subparagraphs (A)

23 through (E) as paragraphs (1) through (5), re24 spectively; and
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1 (C) in paragraph (5) (as so redesignated

2 by this paragraph) by striking ‘‘subparagraph

3 (B)’’ and inserting ‘‘paragraph (2)’’.

4 SEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC

5 PAY FOR RETIREMENT PURPOSES.

6 (a) DEFINITION OF BASIC PAY.—Section 8331(3) of

7 title 5, United States Code, is amended—

8 (1) in subparagraph (F) by striking ‘‘and’’ after

9 the semicolon;

10 (2) in subparagraph (G) by inserting ‘‘and’’

11 after the semicolon;

12 (3) by inserting after subparagraph (G) the fol13 lowing:

14 ‘‘(H) any amount received under section

15 5948 (relating to physicians comparability al16 lowances);’’; and

17 (4) in the matter following subparagraph (H)

18 (as added by paragraph (3)) by striking ‘‘through

19 (G)’’ and inserting ‘‘through (H)’’.

20 (b) CIVIL SERVICE RETIREMENT SYSTEM.—

21 (1) COMPUTATION RULES.—Section 8339 of

22 title 5, United States Code, is amended by adding

23 at the end the following:
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1 ‘‘(s)(1) For purposes of this subsection, the term

2 ‘physicians comparability allowance’ refers to an amount

3 described in section 8331(3)(H).

4 ‘‘(2) Except as otherwise provided in this subsection,

5 no part of a physicians comparability allowance shall be

6 treated as basic pay for purposes of any computation

7 under this section unless, before the date of the separation

8 on which entitlement to annuity is based, the separating

9 individual has completed at least 15 years of service as

10 a Government physician (whether performed before, on,

11 or after the date of enactment of this subsection).

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

13 then, any amounts received by the individual in the form

14 of a physicians comparability allowance shall (for the pur15 poses referred to in paragraph (2)) be treated as basic

16 pay, but only to the extent that such amounts are attrib17 utable to service performed on or after the date of enact18 ment of this subsection, and only to the extent of the per19 centage allowable, which shall be determined as follows:

‘‘If the total amount of service

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

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.

20 ‘‘(4) Notwithstanding any other provision of this sub21 section, 100 percent of all amounts received as a physi-
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1 cians comparability allowance shall, to the extent attrib2 utable to service performed on or after the date of enact3 ment of this subsection, be treated as basic pay (without

4 regard to any of the preceding provisions of this sub5 section) for purposes of computing—

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

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

8 based on the service of an individual who dies before

9 separating from service.’’.

10 (2) GOVERNMENT PHYSICIAN DEFINED.—Sec11 tion 8331 of title 5, United States Code, is amended

12 by striking ‘‘and’’ at the end of paragraph (26), by

13 striking the period at the end of paragraph (27) and

14 inserting ‘‘; and’’, and by adding at the end the fol15 lowing:

16 ‘‘(28) ‘Government physician’ has the meaning

17 given that term under section 5948.’’.

18 (c) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

19 (1) COMPUTATION RULES.—Section 8415 of

20 title 5, United States Code, is amended by adding

21 at the end the following:

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

23 ‘physicians comparability allowance’ refers to an amount

24 described in section 8331(3)(H).
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1 ‘‘(2) Except as otherwise provided in this subsection,

2 no part of a physicians comparability allowance shall be

3 treated as basic pay for purposes of any computation

4 under this section unless, before the date of the separation

5 on which entitlement to annuity is based, the separating

6 individual has completed at least 15 years of service as

7 a Government physician (whether performed before, on,

8 or after the date of enactment of this subsection).

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

10 then, any amounts received by the individual in the form

11 of a physicians comparability allowance shall (for the pur12 poses referred to in paragraph (2)) be treated as basic

13 pay, but only to the extent that such amounts are attrib14 utable to service performed on or after the date of enact15 ment of this subsection, and only to the extent of the per16 centage allowable, which shall be determined as follows:

‘‘If the total amount of service

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

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.

17 ‘‘(4) Notwithstanding any other provision of this sub18 section, 100 percent of all amounts received as a physi19 cians comparability allowance shall, to the extent attrib20 utable to service performed on or after the date of enact21 ment of this subsection, be treated as basic pay (without
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1 regard to any of the preceding provisions of this sub2 section) for purposes of computing—

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

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

5 based on the service of an individual who dies before

6 separating from service.’’.

7 (2) GOVERNMENT PHYSICIAN DEFINED.—Sec8 tion 8401 of title 5, United States Code, is amended

9 by striking ‘‘and’’ at the end of paragraph (32), by

10 striking the period at the end of paragraph (33) and

11 inserting ‘‘; and’’, and by adding at the end the fol12 lowing:

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

14 meaning given such term under section 5948.’’.

15 (d) CONFORMING AMENDMENT.—Section 5948(h)(1)

16 of title 5, United States Code, is amended by striking

17 ‘‘chapter 81, 83, or 87’’ and inserting ‘‘chapter 81 or 87’’.

Passed the House of Representatives October 31,

2000.

Attest: JEFF TRANDAHL,

Clerk.