H.R. 5353 (107th): Military Physician Equity Act of 2002

107th Congress, 2001–2002. Text as of Sep 09, 2002 (Introduced).

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HR 5353 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.’.