ExecutiveOrdersEO
EO 13297Executive OrderG.W. Bush · R

Executive Order 13297

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

This executive order extends a 2000 law's physicians comparability allowance provisions to three specialized federal retirement systems: Foreign Service Retirement and Disability, Foreign Service Pension, and CIA Retirement and Disability. It requires the Secretary of State and Director of Central Intelligence to issue regulations making these changes retroactive to December 28, 2000.

Federal Register Open PDF 68 FR 22565

Impact dates

  1. Director of Central Intelligence issues regulations for CIA Retirement and Disability System

  2. Secretary of State issues regulations for Foreign Service Retirement and Disability System

  3. Retroactive effective date for all provisions

Key directives

  • Apply Public Law 106-571 Section 3(a) to include physicians comparability allowance in 'basic pay' definition for all three systems
  • Apply Section 3(b) of PL 106-571 to Foreign Service Retirement and Disability System annuity computations (CSRS-aligned rules)
  • Apply Section 3(c) of PL 106-571 to Foreign Service Pension System annuity computations (FERS-aligned rules)
  • Apply Section 3(b) of PL 106-571 to CIA Retirement and Disability System annuity computations (CSRS-aligned rules)
  • Secretary of State shall issue regulations for Foreign Service systems
  • Director of Central Intelligence shall issue regulations for CIA system
  • All regulations shall provide retroactivity to December 28, 2000

Who is ordered

Timeline

Immediate

  • EO takes effect upon signing; regulatory obligation begins

Near term (90d)

  • Secretary of State and DCI must draft and issue implementing regulations (no fixed deadline specified)

Long term

  • Retroactive annuity adjustments effective to December 28, 2000; ongoing application to future retirement calculations

Risks & tensions

  • No explicit deadline for regulatory issuance creates implementation uncertainty
  • Retroactivity to December 28, 2000 may require complex recalculations and potential back payments
  • Judicial review bar (Section 4) limits enforceability if agencies delay
  • Small affected population (physicians in two specialized services) limits broader fiscal impact
Executive Order 13297: 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 · Executive Orders