[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5353 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5353
To amend title 10, United States Code, to require that additional
special pay received by medical, dental, or veterinary officers of the
uniformed services be treated as part of basic pay for retirement
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 9, 2002
Mrs. Morella (for herself, Mr. Wolf, Mr. Norwood, Mr. Ford, and Mr.
Rodriguez) introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to require that additional
special pay received by medical, dental, or veterinary officers of the
uniformed services 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 ``Military Physician Equity Act of
2002''.
SEC. 2. ADDITIONAL SPECIAL PAY RECEIVED BY MEDICAL, DENTAL, AND
VETERINARY OFFICERS OF THE UNIFORMED SERVICES TREATED AS
PART OF BASIC PAY FOR RETIREMENT PURPOSES.
(a) Members Who Became Members Before September 8, 1980.--Section
1406 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(j) Special Rule for Medical, Dental, or Veterinary Officer
Receiving Additional Special Pay.--(1) For purposes of determining the
retired pay base or retainer pay base of a member of the uniformed
services, the monthly basic pay of the member includes the monthly
equivalent of any additional special pay received by the member under
section 302, 302b, or 303 of title 37 (or, in the case of a
commissioned officer in the Public Health Service, received under such
section pursuant to section 303a(b) of title 37) during the year
immediately preceding the date of the member's retirement.
``(2) Except as otherwise provided in this subsection, additional
special pay referred to in paragraph (1) may not be treated as basic
pay for purposes of any computation under this section unless, before
the date of the member's retirement, the member has completed at least
15 years of service as a medical, dental, or veterinary officer of the
uniformed services (whether performed before, on, or after the date of
the enactment of this subsection).
``(3) If the condition under paragraph (2) is met, then, the
monthly equivalent of amounts received by the member in the form of
additional special pay referred to in paragraph (1) 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 medical, dental, or veterinary officer 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 the monthly equivalent of all amounts received as additional
special pay referred to in paragraph (1) 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) disability retired pay; and
(B) a survivor annuity under chapter 73 of this title, if
based on the service of a member who dies before retirement.''.
(b) Members Who Became Members After September 7, 1980.--Section
1407 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(g) Special Rule for Medical, Dental, or Veterinary Officer
Receiving Additional Special Pay.--(1) For purposes of the computations
required under subsections (c) and (d) to determine the high-three
average of a member of the uniformed services, the monthly equivalent
of any additional special pay received by the member under section 302,
302b, or 303 of title 37 (or, in the case of a commissioned officer in
the Public Health Service, received under such section pursuant to
section 303a(b) of title 37) during the periods referred to in such
subsections shall be treated as a part of the basic pay of the member.
``(2) Except as otherwise provided in this subsection, additional
special pay referred to in paragraph (1) may not be treated as basic
pay for purposes of any computation under this section unless, before
the date of the member's retirement, the member has completed at least
15 years of service as a medical, dental, or veterinary officer of the
uniformed services (whether performed before, on, or after the date of
the enactment of this subsection).
``(3) If the condition under paragraph (2) is met, then, the
monthly equivalent of amounts received by the member in the form of
additional special pay referred to in paragraph (1) 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 medical, dental, or veterinary officer 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 the monthly equivalent of all amounts received as additional
special pay referred to in paragraph (1) 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) disability retired pay; and
(B) a survivor annuity under chapter 73 of this title, if
based on the service of a member who dies before retirement.''.
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