[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 207 Received in Senate (RDS)]
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.
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repealed.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 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repealed.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 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 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
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 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 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 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
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 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''.
Passed the House of Representatives October 31, 2000.
Attest:
JEFF TRANDAHL,
Clerk.