```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 207 Received in Senate (RDS)]

  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.

    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        repealed.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        repealed.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
            (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 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 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
   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 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 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 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 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
   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 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.''.
    (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''.

            Passed the House of Representatives October 31, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```