Federal Physicians Comparability Allowance Amendments of 2000

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    repealed.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    Allowance Act of 1978 (5 U.S.C. 5948 note) is repealed.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

Summary: Redefines "basic pay" to include any amounts received as physicians comparability allowances as part of basic pay for Federal employee retirement purposes.
Amends provisions relating to the computation of an annuity under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to prohibit any part of such an allowance from being treated as basic pay 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. Requires, if such condition is met, that any amounts received by the individual as such an allowance shall be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the enactment of this Act, and only to the extent of the percentage allowable as specified by this Act. Requires that 100 percent of all amounts received as such an allowance, to the extent attributable to service performed on or after enactment, be treated as basic pay (without regard to any of the preceding provisions of this paragraph) for purposes of computing: (1) an annuity of a disabled employee or member; and (2) a survivor annuity if based on the service of an individual who dies before separating from service.