[106th Congress Public Law 571]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ571.106]
[[Page 3053]]
FEDERAL PHYSICIANS COMPARABILITY ALLOWANCE AMENDMENTS OF 2000
[[Page 114 STAT. 3054]]
Public Law 106-571
106th Congress
An Act
To amend title 5, United States Code, to make permanent the authority
under which comparability allowances may be paid to <<NOTE: Dec. 28,
2000 - [H.R. 207]>> 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 <<NOTE: Federal Physicians Comparability
Allowance Amendments of 2000. 5 USC 5948 note.>> 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repealed.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repealed.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
[[Page 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)(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
[[Page 114 STAT. 3056]]
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.''.
[[Page 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:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 31, considered and passed House.
Dec. 15, considered and passed Senate.
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