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.
HR 207 RDS
Be it enacted by the Senate and House of Representa-
tives 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title 5, United States Code, is repealed.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Act of 1978 (5 U.S.C. 5948 note) is repealed.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), re-
spectively; and
HR 207 RDS
(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 fol-
lowing:
‘‘(H) any amount received under section
5948 (relating to physicians comparability al-
lowances);’’; 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:
HR 207 RDS
‘‘(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 pur-
poses referred to in paragraph (2)) be treated as basic
pay, but only to the extent that such amounts are attrib-
utable to service performed on or after the date of enact-
ment of this subsection, and only to the extent of the per-
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 ....................................................................
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 sub-
section, 100 percent of all amounts received as a physi-
HR 207 RDS
cians comparability allowance shall, to the extent attrib-
utable to service performed on or after the date of enact-
ment of this subsection, be treated as basic pay (without
regard to any of the preceding provisions of this sub-
section) 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.—Sec-
tion 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 fol-
lowing:
‘‘(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).