Federal Physicians Comparability Allowance Amendments of 2000
PL 106-571 (H.R.207), enacted 12/28/2000

114 STAT. 3054 
PUBLIC LAW 106-571—DEC. 28, 2000 
Public Law 106-571 
106th Congress 
Dec. 28, 2000 
[H.R. 207] 
Federsil 
Physicians 
Comparability 
Allowance 
Amendments of 
2000. 
5 u s e 5948 note. 
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 Comparabihty 
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Code, is repealed.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note) is repealed.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)(l)— 
(A) by striking "(j)(l)" 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 
PUBLIC LAW 106-571—DEC. 28, 2000 
114 STAT. 3055 
(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)(l) 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 Grovernment 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)(l) 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 
79-194 O - 00 - 34 : QL 3 Part 5 
114 STAT. 3056 
PUBLIC LAW 106-571—DEC. 28, 2000 
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 
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) GrOVERNMENT 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.". 
PUBLIC LAW 106-571—DEC. 28, 2000 
114 STAT. 3057 
(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". 
Approved December 28, 2000. 
LEGISLATIVE HISTORY—H.R. 207: 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 31, considered and passed House. 
Dec. 15, considered and passed Senate.