EXECUTIVE
ORDER
EO 13297
Effective Date: April 28, 2003

Responsible Office: Office of Human Resources and Education
Subject: Applying Federal Physicans Comparability Allowance Amendments of 2000 to Participants in Foreign Se

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

[[Page 22566]]

                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.
		

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