Applying the Federal Physicians Comparability Allowance Amendments of 2000 to Participants in the Foreign Service Retirement and Disability System, the Foreign Service Pension System, and the Central Intelligence Agency Retirement and Disability System
Signed April 23, 2003·George W. Bush·68 FR 22565
Source
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Plain-language summary
Applies provisions of the Federal Physicians Comparability Allowance Amendments of 2000 to three retirement systems: the Foreign Service Retirement and Disability System, the Foreign Service Pension System, and the Central Intelligence Agency Retirement and Disability System. It directs that physicians comparability allowance payments be counted as basic pay and included when computing annuities under these systems, aligning them with how the Civil Service Retirement System and Federal Employees Retirement System treat the same allowance. The Secretary of State must issue regulations applying these changes to the two Foreign Service systems, and the Director of Central Intelligence must issue regulations applying them to the CIA system, with all changes made retroactive to December 28, 2000. The order states it does not create any legally enforceable rights or benefits for individuals against the government.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067), section 292 of the Central Intelligence Agency Retirement Act of 1964 (50 U.S.C. 2141), and section 301 of title 3, United States Code, and in order to conform the Foreign Service Retirement and Disability System, the Foreign Service Pension System, and the Central Intelligence Agency Retirement and Disability System to the Civil Service Retirement System, it is hereby ordered
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The order, in full
Executive Order 13297 of April 23, 2003
Applying the Federal Physicians Comparability
Allowance Amendments of 2000 to Participants in the
Foreign Service Retirement and Disability System, the
Foreign Service Pension System, and the Central
Intelligence Agency Retirement and Disability System
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 827 of the Foreign Service
Act of 1980 (22 U.S.C. 4067), section 292 of the
Central Intelligence Agency Retirement Act of 1964 (50
U.S.C. 2141), and section 301 of title 3, United States
Code, and in order to conform the Foreign Service
Retirement and Disability System, the Foreign Service
Pension System, and the Central Intelligence Agency
Retirement and Disability System to the Civil Service
Retirement System, it is hereby ordered as follows:
Section 1. Foreign Service Retirement and Disability
System. (a) The following provisions of the Federal
Physicians Comparability Allowance Amendments of 2000
(Public Law 106-571) shall apply to the Foreign Service
Retirement and Disability System, subchapter I of
chapter 8 of the Foreign Service Act of 1980, as
amended:
(i) Section 3(a) of Public Law 106-571 to provide
that any amount received under section 5948 of title 5,
United States Code (physicians comparability
allowance), be included in the definition of basic pay;
and
(ii) Section 3(b) of Public Law 106-571 to provide
for the inclusion of the physicians comparability
allowance in the computation of an annuity under the
same rules that apply with respect to the Civil Service
Retirement System.
(b) The Secretary of State shall issue regulations
that reflect the application of sections 3(a) and 3(b)
of Public Law 106-571 to the Foreign Service Retirement
and Disability System. Such regulations shall provide
that the foregoing provisions be retroactive to
December 28, 2000.
Sec. 2. Foreign Service Pension System. (a) The
following provisions of the Federal Physicians
Comparability Allowance Amendments of 2000 (Public Law
106-571) shall apply to the Foreign Service Pension
System, subchapter II of chapter 8 of the Foreign
Service Act of 1980, as amended:
(i) Section 3(a) of Public Law 106-571 to provide
that any amount received under section 5948 of title 5,
United States Code (physicians comparability
allowance), be included in the definition of basic pay;
and
(ii) Section 3(c) of Public Law 106-571 to provide
for the inclusion of the physicians comparability
allowance in the computation of an annuity under the
same rules that apply with respect to the Federal
Employees Retirement System.
(b) The Secretary of State shall issue regulations
that reflect the application of sections 3(a) and 3(c)
of Public Law 106-571 to the Foreign Service Pension
System. Such regulations shall provide that the
foregoing provisions be retroactive to December 28,
2000.
Sec. 3. Central Intelligence Agency Retirement and
Disability System.
(a) The following provisions of the Federal
Physicians Comparability Allowance Amendments of 2000
(Public Law 106-571) shall apply to the
Central Intelligence Agency Retirement and Disability
System, title II of the Central Intelligence Agency
Retirement Act of 1964, as amended:
(i) Section 3(a) of Public Law 106-571 to provide
that any amount received under section 5948 of title 5,
United States Code (physicians comparability
allowance), be included in the definition of basic pay;
and
(ii) Section 3(b) of Public Law 106-571 to provide
for the inclusion of the physicians comparability
allowance in the computation of an annuity under the
same rules that apply with respect to the Civil Service
Retirement System.
(b) The Director of Central Intelligence shall
issue regulations to reflect the application of
sections 3(a) and 3(b) of Public Law 106-571 to the
Central Intelligence Agency Retirement and Disability
System. Such regulations shall provide that the
foregoing provisions be retroactive to December 28,
2000.
Sec. 4. Judicial Review. This order is not intended to
create, nor does it create any right, benefit, or
privilege, substantive or procedural, enforceable at
law by a party against the United States, its agencies,
its officers, employees, or any other person.
(Presidential Sig.)B
THE WHITE HOUSE,
April 23, 2003.Reproduced from the Federal Register plain-text record, signed April 23, 2003. Typesetting artifacts are removed; no wording is changed.