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Code, is repealed.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
COM-
PARABILITY 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note) is repealed.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 para-
graph) by striking ‘‘subparagraph (B)’’ and inserting ‘‘para-
graph (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 semi-
colon;
(2) in subparagraph (G) by inserting ‘‘and’’ after the semi-
colon;
(3) by inserting after subparagraph (G) the following:
‘‘(H) any amount received under section 5948 (relating
to physicians comparability allowances);’’; and
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(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 para-
graph (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 .............................................................................
At least 2 but less than 4 years ......................................................
At least 4 but less than 6 years ......................................................
At least 6 but less than 8 years ......................................................
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
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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 para-
graph (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 .............................................................................
At least 2 but less than 4 years ......................................................
At least 4 but less than 6 years ......................................................
At least 6 but less than 8 years ......................................................
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.’’.
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(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.