Text: H.R.207 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-571 (12/28/2000)

 
[106th Congress Public Law 571]
[From the U.S. Government Printing Office]


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[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        repealed.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        repealed.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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