Notes on 5 U.S.C. § 8331 : US Code - Notes
Search Notes on 5 U.S.C. § 8331 : US Code - Notes
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 564; Pub. L. 89-737, Sec.
1(2), Nov. 2, 1966, 80 Stat. 1164; Pub. L. 90-83, Sec. 1(72), Sept.
11, 1967, 81 Stat. 213; Pub. L. 90-623, Sec. 1(21), Oct. 22, 1968,
82 Stat. 1313; Pub. L. 91-93, title I, Sec. 101, title II, Sec.
201(a), Oct. 20, 1969, 83 Stat. 136, 138; Pub. L. 92-352, title I,
Sec. 105(a), July 13, 1972, 86 Stat. 490; Pub. L. 93-350, Sec. 2,
July 12, 1974, 88 Stat. 355; Pub. L. 94-183, Sec. 2(38), Dec. 31,
1975, 89 Stat. 1058; Pub. L. 95-454, title IX, Sec. 906(a)(2), (3),
Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95-598, title III, Sec.
338(e), Nov. 6, 1978, 92 Stat. 2681; Pub. L. 96-54, Sec. 2(a)(47),
Aug. 14, 1979, 93 Stat. 384; Pub. L. 96-499, title IV, Sec. 403(b),
Dec. 5, 1980, 94 Stat. 2606; Pub. L. 97-253, title III, Sec.
306(a), Sept. 8, 1982, 96 Stat. 795; Pub. L. 98-249, Sec. 3(b),
Mar. 31, 1984, 98 Stat. 117; Pub. L. 98-271, Sec. 3(b), Apr. 30,
1984, 98 Stat. 163; Pub. L. 98-299, Sec. 3(b), May 25, 1984, 98
Stat. 214; Pub. L. 98-325, Sec. 3(b), June 20, 1984, 98 Stat. 268;
Pub. L. 98-353, title I, Secs. 116(a), 121(g), July 10, 1984, 98
Stat. 343, 346; Pub. L. 98-531, Sec. 2(a), Oct. 19, 1984, 98 Stat.
2704; Pub. L. 98-615, Sec. 2(1), Nov. 8, 1984, 98 Stat. 3195; Pub.
L. 99-335, title II, Secs. 202, 207(f), June 6, 1986, 100 Stat.
591, 595; Pub. L. 100-53, Sec. 2(a), June 18, 1987, 101 Stat. 367;
Pub. L. 100-238, title I, Secs. 112, 123, Jan. 8, 1988, 101 Stat.
1750, 1754; Pub. L. 100-679, Sec. 13(a)(1), Nov. 17, 1988, 102
Stat. 4071; Pub. L. 101-474, Sec. 5(m), Oct. 30, 1990, 104 Stat.
1100; Pub. L. 101-508, title VII, Sec. 7202(j)(1), Nov. 5, 1990,
104 Stat. 1388-337; Pub. L. 101-650, title III, Secs. 306(c)(1),
321, Dec. 1, 1990, 104 Stat. 5110, 5117; Pub. L. 102-378, Sec.
2(57), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 102-572, title IX,
Sec. 902(b), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-66, title
XIII, Sec. 13812(a), Aug. 10, 1993, 107 Stat. 670; Pub. L. 103-353,
Sec. 5(a), Oct. 13, 1994, 108 Stat. 3173; Pub. L. 105-261, div. C,
title XXXI, Sec. 3154(b), Oct. 17, 1998, 112 Stat. 2254; Pub. L.
105-277, div. A, Sec. 101(h) [title VI, Sec. 628(d)], Oct. 21,
1998, 112 Stat. 2681-480, 2681-521; Pub. L. 106-571, Sec. 3(a),
(b)(2), Dec. 28, 2000, 114 Stat. 3054, 3055; Pub. L. 107-71, title
I, Sec. 105(c), Nov. 19, 2001, 115 Stat. 607; Pub. L. 108-18, Sec.
2(a), Apr. 23, 2003, 117 Stat. 624; Pub. L. 108-176, title II, Sec.
226(a)(1), Dec. 12, 2003, 117 Stat. 2529.)
HISTORICAL AND REVISION NOTES
1966 ACT
--------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
--------------------------------------------------------------------
5 U.S.C. 2251 (less July 31, 1956, ch. 804,
(h)-(j)). Sec. 401 "Sec. 1 (less
(h)-(j))", 70 Stat. 743.
Apr. 8, 1960, Pub. L.
86-415, Sec. 6(c), 74 Stat.
35.
July 7, 1960, Pub. L.
86-604, Sec. 1(a), 74 Stat.
358.
Sept. 14, 1961, Pub. L.
87-233, Sec. 2, 75 Stat.
507.
Oct. 11, 1962, Pub. L.
87-793, Sec. 1102(a), 76
Stat. 869.
Feb. 7, 1964, Pub. L.
88-267, Sec. 1(a), 78 Stat.
8.
5 U.S.C. 2252 (less July 31, 1956, ch. 804,
(e), (f) (words Sec. 401 "Sec. 2 (less (e),
after semicolon), (f) (words after
(g) (2d sentence), semicolon), (g) (2d
(h) (words after sentence))", 70 Stat. 745.
colon)).
July 1, 1960, Pub. L.
86-568, Sec. 115(b)(1) "(h)
(less words after colon)",
74 Stat. 302.
Feb. 7, 1964, Pub. L.
88-267, Sec. 1(b), (c), 78
Stat. 9.
5 U.S.C. 1054 (1st Aug. 4, 1947, ch. 452, Sec.
27 words). 5 (1st 27 words), 61 Stat.
728.
[Uncodified]. Aug. 25, 1958, Pub. L.
85-745, Sec. 1(b) (last
sentence, as applicable to
the Civil Service
Retirement Act), 72 Stat.
838.
5 U.S.C. 2358(c) (as July 17, 1959, Pub. L.
applicable to the 86-91, Sec. 10(c) (as
Civil Service applicable to the Civil
Retirement Act). Service Retirement Act), 73
Stat. 217.
5 U.S.C. 932c(d). June 28, 1955, ch. 189,
Sec. 4(i), 69 Stat. 178.
5 U.S.C. 932d(d). June 20, 1958, Pub. L.
85-462, Sec. 4(g), 72 Stat.
208.
5 U.S.C. 932e(f). July 1, 1960, Pub. L.
86-568, Sec. 117(i), 74
Stat. 304.
5 U.S.C. 932f(e). Oct. 11, 1962, Pub. L.
87-793, Sec. 1005(h), 76
Stat. 867.
5 U.S.C. 932g(d). Aug. 14, 1964, Pub. L.
88-426, Sec. 202(d), 78
Stat. 413.
5 U.S.C. 1182(b). Sept. 2, 1958, Pub. L.
85-872, Sec. 2(b), 72 Stat.
1696.
5 U.S.C. 2132 (as Sept. 1, 1954, ch. 1208,
applicable to the Sec. 403 (as applicable to
Civil Service the Civil Service
Retirement Act, as Retirement Act, as
amended). amended), 68 Stat. 1115.
--------------------------------------------------------------------
In paragraph (1), the specific exception of the President,
appearing in former section 2252(b), is omitted as unnecessary
because he is not included in the definition of "employee".
In paragraph (1)(B), the definition of "Congressional employee"
in former section 2251(c) is omitted as unnecessary in view of the
definition of the term in section 2107.
In paragraph (1)(E), the words "Notwithstanding any other
provision of law or any Executive order" are omitted as
unnecessary.
In paragraph (1)(i), the words "justice or" are added on
authority of section 371 and 372 of title 28.
Paragraph (1)(iii) and (iv) is based on former section 2252(e),
which is carried into section 8347(g) and (h).
Paragraph (1)(vii) and (viii) is based on former section 2252(f),
which is carried in part into section 8347(i) and (j).
In paragraph (1), the last sentence is added on authority of
former section 2351, which is scheduled for transfer to section 901
of title 20.
In paragraph (3), the words "or lump-sum leave payments under
subchapter VI of chapter 55 of this title" are added on authority
of former section 61b (6th sentence), which is carried into section
5551.
In paragraph (4)(B), references to sections 60e-7, 60e-8, 60e-9,
60e-10, and 60e-11 of title 2 are substituted for the words "this
section", appearing in former sections 932c(d), 932d(d), 932e(f),
932f(e), and 932g(d), to reflect the scheduled transfer of those
sections to title 2.
In paragraph (5), the words "the Civil Service Retirement and
Disability Fund" are substituted for "the civil service retirement
and disability fund created by the Act of May 22, 1920".
In paragraph (7), the words "Government of the United States" are
coextensive with and substituted for "the executive, judicial, and
legislative branches of the United States Government, including
Government-owned or controlled corporation".
In paragraph (13), the words "armed forces" are coextensive with
and substituted for "Army, Navy, Air Force, Marine Corps, or Coast
Guard of the United States" in view of the definition of "armed
forces" in section 2101.
The definition of "Commission" in former section 2251(m) is
omitted as unnecessary as the title "Civil Service Commission" is
fully set out the first time it is used in each section.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 ACT
--------------------------------------------------------------------
Section of Source (U.S. Code) Source (Statutes at Large)
title 5
--------------------------------------------------------------------
8331(1)(B), 5 App.: 2252(c). Sept. 26, 1966, Pub. L.
(C) 89-604, Sec. 1(b), 80 Stat.
846.
8331(3)(B) 5 App.: 932h(c). Oct. 29, 1965, Pub. L.
(ii) 89-301, Sec. 11(d), 79
Stat. 1120.
5 App.: 932i(c). July 18, 1966, Pub. L.
89-504, Sec. 302(d), 80
Stat. 295.
8331(13) [No source]. [No source].
8331(15), 5 App.: 2251(t). Sept. 27, 1965, Pub. L.
(16) 89-205, Sec. 1(a), 79 Stat.
840.
--------------------------------------------------------------------
In paragraphs (1)(C), (D) and (2), the words "become subject to"
are substituted for "come within the purview of" for consistency
within the subchapter.
In paragraph (3)(B)(ii), references to sections 60e-12 and 60e-13
of title 2 are substituted for the words "this section" appearing
in 5 U.S.C. App. 932h(c) and 932i(c), to reflect the scheduled
transfer of those sections to title 2 (See table IV).
In paragraph (8)(C), the words "in which he does not continue
subject to" are substituted for "not within the purview of" for
consistency within the subchapter and to reflect that it is the
individual, rather than the position, that is subject to this
subchapter.
The amendment to paragraph (13) reflects Reorganization Plan No.
2 of 1965 (79 Stat. 1318), effective July 13, 1965, which
consolidated the Coast and Geodetic Survey and the Weather Bureau
to form a new agency in the Department of Commerce to be known as
the Environmental Science Services Administration.
REFERENCES IN TEXT
Section 1(b) of the act of August 25, 1958 (72 Stat. 838),
referred to in par. (1)(I), is set out as a note under section 102
of Title 3, The President.
Section 4 of the Presidential Transition Act of 1963, referred to
in par. (1)(K), is section 4 of Pub. L. 88-277, which is set out as
a note under section 102 of Title 3.
Section 103(6) of the Foreign Service Act of 1980, referred to in
par. (1)(xii), is classified to section 3903(6) of Title 22,
Foreign Relations and Intercourse.
Section 601(b) of the Legislative Reorganization Act of 1946 (60
Stat. 850), as amended, referred to in par. (3)(A), was classified
to section 31a of Title 2, The Congress, which was repealed by act
Mar. 2, 1955, ch. 9, Sec. 4(b), 69 Stat. 11.
Sections 60e-7, 60e-8, 60e-9, 60e-10, 60e-11, 60e-12, 60e-13, and
60e-14 of title 2, referred to in par. (3)(B), were omitted from
the Code.
Section 5 of the Act of February 13, 1911, referred to in par.
(3)(G), is classified to section 267 of Title 19, Customs Duties.
The Federal Employees' Retirement Contribution Temporary
Adjustment Act of 1983, referred to in par. (18)(B), is Pub. L. 98-
168, title II, Nov. 29, 1983, 97 Stat. 1106, as amended, which is
set out as a note below.
The Bankruptcy Act, referred to in par. (22)(A), is act July 1,
1898, ch. 541, 30 Stat. 544, as amended, which was classified
generally to former Title 11, Bankruptcy. The Act was repealed
effective Oct. 1, 1979, by Pub. L. 95-598, Secs. 401(a), 402(a),
Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised
Title 11.
Section 404(d) of the Act of November 6, 1978, referred to in
par. (22)(A), is section 404(d) of Pub. L. 95-598, title IV, Nov.
6, 1978, 92 Stat. 2684, which was set out in a note preceding
section 151 of Title 28, Judiciary and Judicial Procedure, and was
repealed by Pub. L. 98-353, title I, Sec. 114, July 10, 1984, 98
Stat. 343.
Section 167 of the Federal Courts Improvement Act of 1982,
referred to in par. (26), is section 167 of Pub. L. 97-164, which
is set out as a note under section 171 of Title 28.
AMENDMENTS
2003 - Par. (17). Pub. L. 108-18, Sec. 2(a)(1), substituted "
'normal-cost percentage' " for " 'normal cost' " and inserted "and
standards (using dynamic assumptions)" after "practice".
Par. (18). Pub. L. 108-18, Sec. 2(a)(2), amended par. (18)
generally. Prior to amendment, par. (18) read as follows: " 'Fund
balance' means the sum of -
"(A) the investments of the Fund calculated at par value; and
"(B) the cash balance of the Fund on the books of the Treasury;
"but does not include any amount attributable to -
"(i) the Federal Employees' Retirement System; or
"(ii) contributions made under the Federal Employees'
Retirement Contribution Temporary Adjustment Act of 1983 by or on
behalf of any individual who became subject to the Federal
Employees' Retirement System;".
Pars. (27), (28). Pub. L. 108-18, Sec. 2(a)(3), and Pub. L. 108-
176, Sec. 226(a)(1)(A), (B), made identical amendments, striking
out "and" at end of par. (27) and substituting "; and" for period
at end of par. (28).
Par. (29). Pub. L. 108-176, Sec. 226(a)(1)(C), added par. (29)
defining "air traffic controller" or "controller".
Pub. L. 108-18, Sec. 2(a)(3), added par. (29) defining "dynamic
assumptions" .
2001 - Par. (3)(E). Pub. L. 107-71 amended subpar. (E) generally.
Prior to amendment, subpar. (E) read as follows: "with respect to a
criminal investigator, availability pay under section 5545a of this
title;".
2000 - Par. (3). Pub. L. 106-571, Sec. 3(a)(4), substituted
"through (H)" for "through (G)" in concluding provisions.
Par. (3)(H). Pub. L. 106-571, Sec. 3(a)(1)-(3), added subpar.
(H).
Par. (28). Pub. L. 106-571, Sec. 3(b)(2), added par. (28).
1998 - Par. (3). Pub. L. 105-277 struck out "and" at end of
subpar. (D), added subpars. (E) and (F), redesignated former
subpar. (E) as (G), and, in concluding provisions, substituted
"subparagraphs (B) through (G)" for "subparagraphs (B), (C), (D),
and (E)".
Par. (27). Pub. L. 105-261 added par. (27).
1994 - Par. (13). Pub. L. 103-353 inserted before semicolon at
end "or full-time National Guard duty (as such term is defined in
section 101(d) of title 10) if such service interrupts creditable
civilian service under this subchapter and is followed by
reemployment in accordance with chapter 43 of title 38 that occurs
on or after August 1, 1990".
1993 - Par. (3). Pub. L. 103-66 added subpar. (E), and in closing
provisions substituted "subparagraphs (B), (C), (D), and (E) of
this paragraph" for "subparagraphs (B), (C), and (D) of this
paragraph,".
1992 - Par. (1)(L). Pub. L. 102-378, Sec. 2(57)(A)(i),
substituted "section 8347(q)(1)" for "section 8347(p)(1)".
Par. (1)(ii). Pub. L. 102-378, Sec. 2(57)(A)(ii), substituted
"section 8347(q)(2)" for "section 8347(p)(2)".
Par. (7). Pub. L. 102-378, Sec. 2(57)(B), substituted
"University" for "College".
Par. (26). Pub. L. 102-572 substituted "Court of Federal Claims"
for "Claims Court" and "United States Court of Federal Claims" for
"United States Claims Court".
1990 - Par. (1)(L). Pub. L. 101-508, Sec. 7202(j)(1)(A)-(C),
added subpar. (L).
Par. (1)(ii). Pub. L. 101-508, Sec. 7202(j)(1)(D), substituted
"(besides any employee excluded by clause (x), but including any
employee who has made an election under section 8347(p)(2) to
remain covered by a retirement system established for employees
described in section 2105(c))" for "(other than an employee
described in clause (x)".
Par. (1)(v). Pub. L. 101-474 amended cl. (v) generally. Prior to
amendment, cl. (v) read as follows: "a temporary employee of the
Administrative Office of the United States Courts or of a court
named by section 610 of title 28;".
Par. (7). Pub. L. 101-508, Sec. 7202(j)(1)(E), substituted
"Gallaudet College, and, in the case of an employee described in
paragraph (1)(L), a nonappropriated fund instrumentality of the
Department of Defense or the Coast Guard described in section
2105(c)" for "and Gallaudet College".
Par. (26). Pub. L. 101-650 added par. (26).
1988 - Par. (1)(K). Pub. L. 100-679 added subpar. (K).
Par. (1)(xii). Pub. L. 100-238, Sec. 112, added cl. (xii).
Par. (18). Pub. L. 100-238, Sec. 123, inserted "but does not
include any amount attributable to -
"(i) the Federal Employees' Retirement System; or
"(ii) contributions made under the Federal Employees'
Retirement Contribution Temporary Adjustment Act of 1983 by or on
behalf of any individual who became subject to the Federal
Employees' Retirement System;".
1987 - Par. (22). Pub. L. 100-53, Sec. 2(a)(1), amended par. (22)
generally. Prior to amendment, par. (22) read as follows: "
'bankruptcy judge' means an individual appointed under section 34
of the Bankruptcy Act (11 U.S.C. 62) or under section 404(d) of the
Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2549) -
"(A) who is serving as a United States bankruptcy judge on
March 31, 1984;
"(B) whose service as United States bankruptcy judge at any
time in the period beginning on October 1, 1979, and ending on
July 10, 1984, is terminated by reason of death or disability; or
"(C) who is appointed as a bankruptcy judge under section 152
of title 28;".
Par. (25). Pub. L. 100-53, Sec. 2(a)(2)-(4), added par. (25).
1986 - Par. (1)(G). Pub. L. 99-335, Sec. 207(f)(1), amended
subpar. (G) generally, substituting "first employed" for "employed"
and inserting "before October 1, 1987".
Par. (1)(ii). Pub. L. 99-335, Sec. 202(a)(1), amended cl. (ii)
generally, inserting "(other than an employee described in clause
(x)".
Par. (1)(x). Pub. L. 99-335, Sec. 202(a)(2)-(4), added cl. (x).
Par. (1)(xi). Pub. L. 99-335, Sec. 207(f)(2), added cl. (xi).
Par. (2). Pub. L. 99-335, Sec. 202(b), inserted ", but does not
include any such Member of Congress who is subject to the Federal
Employees' Retirement System or who makes an election under section
8401(20) of this title not to be subject to such System".
1984 - Par. (22). Pub. L. 98-353, Sec. 116(a)(1), substituted "of
November 6, 1978 (Public Law 95-598; 92 Stat. 2549)" for "adding
this paragraph" in provision preceding subpar. (A).
Par. (22)(A). Pub. L. 98-531 substituted "who is serving as a
United States bankruptcy judge on March 31, 1984;" for "who is
serving as a United States bankruptcy judge on the date of
enactment of the Bankruptcy Amendments and Federal Judgeship Act of
1984, and continues to serve as a bankruptcy judge after such date
until either the date on which a successor for such judge is
appointed, or October 1, 1986, whichever date is earlier;".
Pub. L. 98-353, Sec. 121(g), substituted "the day before the date
of enactment of the Bankruptcy Amendments and Federal Judgeship Act
of 1984" for "June 27, 1984".
Pub. L. 98-353, Sec. 116(a)(2), substituted "who is serving as a
United States bankruptcy judge on the date of enactment of the
Bankruptcy Amendments and Federal Judgeship Act of 1984, and
continues to serve as a bankruptcy judge after such date until
either the date on which a successor for such judge is appointed,
or October 1, 1986, whichever date is earlier;" for "who is serving
as a United States bankruptcy judge on June 27, 1984, and that has
agreed by filing a notice of such agreement with the President, the
Senate, and the Director of the Administrative Office of the United
States Courts, to accept an appointment as a judge of a United
States bankruptcy court established under section 201 of this Act
but that is not appointed by the President as a judge of such
court; or".
Pub. L. 98-325 substituted "June 27, 1984" for "June 20, 1984".
Pub. L. 98-299 substituted "June 20, 1984" for "May 25, 1984".
Pub. L. 98-271 substituted "May 25, 1984" for "April 30, 1984".
Pub. L. 98-249 substituted "April 30, 1984" for "March 31, 1984".
Par. (22)(B). Pub. L. 98-531 substituted "whose service as United
States bankruptcy judge at any time in the period beginning on
October 1, 1979, and ending on July 10, 1984, is terminated by
reason of death or disability" for "whose service as a United
States bankruptcy judge during the period beginning on October 1,
1979, and ending on the date of enactment of the Bankruptcy
Amendments and Federal Judgeship Act of 1984 is terminated by
reason of death or disability".
Pub. L. 98-353, Sec. 116(a)(3)(A), substituted "period beginning
on October 1, 1979, and ending on the date of enactment of the
Bankruptcy Amendments and Federal Judgeship Act of 1984" for
"transition period".
Par. (22)(C). Pub. L. 98-353, Sec. 116(a)(4), added subpar. (C).
Pars. (23), (24). Pub. L. 98-615 added pars. (23) and (24).
1982 - Par. (8)(B). Pub. L. 97-253, Sec. 306(a), inserted ",
including any amounts deposited under section 8334(j) of this
title".
1980 - Par. (6). Pub. L. 96-499 struck out par. (6) which defined
"disabled" and "disability" as meaning totally disabled or total
disability for useful and efficient service in the grade or class
of position last occupied by the employee or Member because of
disease or injury not due to vicious habits, intemperance, or
wilful misconduct on his part within 5 years of becoming disabled.
1979 - Par. (2). Pub. L. 96-54, Sec. 2(a)(47)(A), struck out "and
a Delegate to Congress," after "title,".
Par. (19)(C). Pub. L. 96-54, Sec. 2(a)(47)(B), struck out "and"
after "determined;".
1978 - Pars. (1), (17), (20). Pub. L. 95-454 substituted "Office
of Personnel Management" and "Office" for "Civil Service
Commission" and "Commission", respectively, wherever appearing.
Par. (22). Pub. L. 95-598 added par. (22).
1975 - Par. (4). Pub. L. 94-183 struck out provision relating to
member's option of having average pay computed from averaging rates
of basic pay in effect over all periods of member's service after
August 2, 1946.
1974 - Par. (3). Pub. L. 93-350, Sec. 2(a), added subpar. (D) and
inserted reference to subpar. (D) in closing provisions of par.
(3).
Pars. (20), (21). Pub. L. 93-350, Sec. 2(b), added pars. (20) and
(21).
1972 - Par. (1)(J). Pub. L. 92-352 added par. (1)(J).
1969 - Par. (4)(A). Pub. L. 91-93, Sec. 201(a), reduced the
number of years of creditable service from 5 to 3 consecutive years
and provided for averaging rate of basic pay over the total service
in the case of an annuity under subsec. (d) or (e)(1) of section
8341 of this title based on service of less than three years.
Pars. (17) to (19). Pub. L. 91-93, Sec. 101, added pars. (17) to
(19).
1968 - Par. (3)(B)(ii). Pub. L. 90-623 inserted reference to
section 60e-14 of title 2.
1966 - Par. (3). Pub. L. 89-737 added subpar. (C) and, in the
exception set out in provisions following subpar. (C), substituted
reference to subpars. (B) and (C) for reference to subpar. (B).
CHANGE OF NAME
Words "magistrate judge" and "United States magistrate judge"
substituted for "magistrate" and "United States magistrate",
respectively, in par. (25) pursuant to section 321 of Pub. L. 101-
650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Gallaudet College, referred to in par. (1)(H), redesignated
Gallaudet University by section 101(a) of Pub. L. 99-371, which is
classified to section 4301(a) of Title 20, Education.
Commissioned Officer Corps of Environmental Science Services
Administration, referred to in par. (13)(C), changed to
Commissioned Officer Corps of National Oceanic and Atmospheric
Administration, see 1970 Reorg. Plan No. 4, Sec. 4(d), eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to this
title.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-176 effective on 60th day after Dec. 12,
2003, and applicable with respect to any annuity entitlement based
on an individual's separation from service occurring on or after
such effective date, and any service performed by any such
individual before, on, or after such effective date, subject to
special rule relating to deposit requirement, see section 226(c) of
Pub. L. 108-176, set out as a note under section 8401 of this
title.
EFFECTIVE DATE OF 1998 AMENDMENTS
Amendment by Pub. L. 105-277 effective on first day of first
applicable pay period which begins on or after Oct. 1, 1998, see
section 101(h) [title VI, Sec. 628(e)] of Pub. L. 105-277, set out
as a note under section 4109 of this title.
Pub. L. 105-261, div. C, title XXXI, Sec. 3154(m), (n), Oct. 17,
1998, 112 Stat. 2256, provided that:
"(m) Applicability. - Subsections (b) through (l) [amending this
section and sections 8334 to 8336, 8401, 8412, 8415, 8422, 8423,
and 8425 of this title and enacting provisions set out as notes
under sections 8334, 8348, and 8422 of this title] shall apply only
to an individual who is employed as a nuclear materials courier, as
defined by section 8331(27) or 8401(33) of title 5, United States
Code (as amended by this section), after the later of -
"(1) September 30, 1998; or
"(2) the date of the enactment of this Act [Oct. 17, 1998].
"(n) Effective Dates. - (1) Except as provided in paragraph (2),
the amendments made by this section [amending this section and
sections 3307, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425
of this title] shall take effect at the beginning of the first pay
period that begins after the later of -
"(A) October 1, 1998; or
"(B) the date of the enactment of this Act.
"(2)(A) The amendments made by subsection (a) [amending section
3307 of this title] shall take effect on the date of the enactment
of this Act.
"(B) The amendments made by subsections (d) and (k) [amending
sections 8335 and 8425 of this title] shall take effect 1 year
after the date of the enactment of this Act."
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-353 effective with respect to
reemployments initiated on or after the first day after the 60-day
period beginning Oct. 13, 1994, with transition rules, see section
8 of Pub. L. 103-353, set out as an Effective Date note under
section 4301 of Title 38, Veterans' Benefits.
EFFECTIVE DATE OF 1993 AMENDMENT
Section 13812(c)(1) of Pub. L. 103-66 provided that: "The
amendments made by subsection (a) [amending this section] take
effect on January 1, 1994, and apply only with respect to service
performed on or after such date."
EFFECTIVE DATE OF 1992 AMENDMENTS
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of
Title 28, Judiciary and Judicial Procedure.
Amendment by section 2(57)(A) of Pub. L. 102-378 effective Nov.
5, 1990, and amendment by section 2(57)(B) of Pub. L. 102-378
effective Oct. 2, 1992, see section 9(a), (b)(6) of Pub. L. 102-
378, set out as a note under section 6303 of this title.
EFFECTIVE DATE OF 1990 AMENDMENTS
Section 306(f) of Pub. L. 101-650, as amended by Pub. L. 102-572,
title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, provided
that: "This section and the amendments made by this section
[enacting section 8440b [now 8440c] of this title and section 178
of Title 28, Judiciary and Judicial Procedure and amending this
section, sections 8334, 8336, 8339, and 8402 of this title, and
sections 376 and 604 of Title 28] shall apply to judges of, and
senior judges in active service with, the United States Court of
Federal Claims on or after the date of the enactment of this Act
[Dec. 1, 1990]."
Amendment by Pub. L. 101-508 applicable with respect to any
individual who, on or after Jan. 1, 1987, moves from employment in
nonappropriated fund instrumentality of Department of Defense or
Coast Guard, that is described in section 2105(c) of this title, to
employment in Department or Coast Guard, that is not described in
section 2105(c), or who moves from employment in Department or
Coast Guard, that is not described in section 2105(c), to
employment in nonappropriated fund instrumentality of Department or
Coast Guard, that is described in section 2105(c), see section
7202(m)(1) of Pub. L. 101-508, set out as a note under section 2105
of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 3 of Pub. L. 100-53, as amended by Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117, provided that: "This
Act [amending this section and sections 8334, 8336, and 8339 of
this title and enacting provisions set out as a note under this
section] shall take effect on October 1, 1987, and shall apply to
bankruptcy judges and United States magistrate judges in office on
that date and to individuals subsequently appointed to such
positions to whom chapter 83 of title 5, United States Code,
otherwise applies."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
702(a) of Pub. L. 99-335, set out as an Effective Date note under
section 8401 of this title.
EFFECTIVE DATE OF 1984 AMENDMENTS
Amendment by Pub. L. 98-615 effective May 7, 1985, with
enumerated exceptions and specific applicability provisions, see
section 4(a)(1) of Pub. L. 98-615 as amended, set out as a note
under section 8341 of this title.
Section 3 of Pub. L. 98-531 provided that:
"(a) Except as provided in subsection (b), this Act and the
amendments made by this Act [renumbering a provision set out as a
note under section 101 of Title 11, Bankruptcy] shall take effect
on July 10, 1984.
"(b) The amendments made by section 2 [amending this section and
sections 8336 and 8339 of this title] shall take effect on March
31, 1984."
Amendment by Pub. L. 98-353 effective July 10, 1984, see section
122(a) of Pub. L. 98-353, set out as an Effective Date note under
section 151 of Title 28, Judiciary and Judicial Procedure.
Section 116(e) of Pub. L. 98-353 provided that: "The amendments
made by this section [amending this section and sections 8334,
8336, and 8339 of this title] shall take effect on the date of
enactment [July 10, 1984] and shall apply to bankruptcy judges who
retire on or after such date."
EFFECTIVE DATE OF 1982 AMENDMENT
Section 306(g) of Pub. L. 97-253, as amended by Pub. L. 97-346,
Sec. 3(e)(2), Oct. 15, 1982, 96 Stat. 1648; Pub. L. 98-369, div. B,
title II, Sec. 2205, July 18, 1984, 98 Stat. 1059, provided that:
"The amendments made by this section [amending this section and
sections 8332, 8334, and 8348 of this title] shall take effect
October 1, 1982; except that any employee or Member who retired
after the date of the enactment of this Act [Sept. 8, 1982] and
before October 1, 1985, or is entitled to an annuity under chapter
83 of title 5, United States Code, based on a separation from
service occurring during such period, or a survivor of such
individual, may make a payment under section 8334(j)(1) of title 5,
United States Code. Regulations required to be issued under section
8334(j)(1) of title 5, United States Code, shall be issued by the
Office of Personnel Management within 90 days after such effective
date."
EFFECTIVE DATE OF 1980 AMENDMENT
Section 403(c) of Pub. L. 96-499 provided that: "The amendments
made by this section [amending this section and section 8337 of
this title] shall take effect on the 90th day after the date of the
enactment of this Act [Dec. 5, 1980]."
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-54 effective July 12, 1979, see section
2(b) of Pub. L. 96-54, set out as a note under section 305 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section
402(d) of Pub. L. 95-598, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
1978, see section 907 of Pub. L. 95-454, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by section 2(a) of Pub. L. 93-350 effective at
beginning of first applicable pay period which begins after Dec.
31, 1974, and amendment by section 2(b) of Pub. L. 93-350 effective
July 12, 1974, see section 7 of Pub. L. 93-350, set out as a note
under section 3307 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Section 105(b) of Pub. L. 92-352 provided that: "Subsection (a)
of this section [amending this section] shall become effective on
the first day of the second month which begins after its enactment
[July 13, 1972]."
EFFECTIVE DATE OF 1969 AMENDMENT
Section 207(a) of Pub. L. 91-93 provided that: "The amendments
made by sections 201, 202, 203, and 206(a) of this Act [amending
this section and sections 8333, 8334, 8339, and 8341 of this title]
shall not apply in the case of persons retired or otherwise
separated prior to the date of enactment of this Act [Oct. 20,
1969], and the rights of such persons and their survivors shall
continue in the same manner and to the same extent as if such
sections had not been enacted."
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-623 intended to restate without
substantive change the law in effect on Oct. 22, 1968, see section
6 of Pub. L. 90-623, set out as a note under section 5334 of this
title.
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-737 applicable with respect to premium
pay payable from and after first day of first pay period which
begins after Nov. 2, 1966, see section 4 of Pub. L. 89-737, set out
in the note under section 8114 of this title.
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-358, Sec. 1, Oct. 14, 1994, 108 Stat. 3420, provided
that: "This Act [amending sections 8345, 8437, and 8467 of this
title and enacting provisions set out as a note under section 8345
of this title] may be cited as the 'Child Abuse Accountability
Act'."
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-428, Sec. 1(a), Oct. 15, 1990, 104 Stat. 928,
provided that: "This Act [amending sections 8335 to 8337, 8339,
8341, 8344, 8412, and 8425 of this title and enacting provisions
set out as notes under sections 8335, 8339, and 8425 of this title]
may be cited as the 'Capitol Police Retirement Act'."
SHORT TITLE OF 1987 AMENDMENT
Section 1 of Pub. L. 100-53 provided that: "This Act [amending
this section and sections 8334, 8336, and 8339 of this title and
enacting provisions set out as a note under this section] may be
cited as the 'Magistrates' Retirement Parity Act of 1987'."
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99-638, Sec. 2(a), Nov. 10, 1986, 100 Stat. 3535,
provided that: "This section [amending sections 2105 and 8332 of
this title and enacting provisions set out as a note under section
8332 of this title] may be cited as the 'Nonappropriated Fund
Instrumentalities Employees' Retirement Credit Act of 1986'."
SHORT TITLE OF 1984 AMENDMENT
Section 1 of Pub. L. 98-615 provided: "That this Act [enacting
sections 3595a, 4302a and 5406-5410 of this title, amending this
section and sections 3135, 3393, 3395, 3593-3595, 4312, 4501, 5332,
5334-5336, 5361, 5362, 5383, 5384, 5401-5405, 5948, 7543, 8334,
8336, 8339, 8341, 8342, 8345, 8348, 8901-8903, 8905, 8907, 8909,
and 8913 of this title, section 1602 of Title 10, Armed Forces, and
section 731 of Title 31, Money and Finance, and enacting provisions
set out as notes under sections 3131, 3135, 5401, and 8341 of this
title] may be cited as the 'Civil Service Retirement Spouse Equity
Act of 1984'."
SHORT TITLE OF 1969 AMENDMENT
Section 1 of Pub. L. 91-93 provided: "That this Act [amending
this section and sections 1308, 8333, 8334, 8339, 8340, 8341, and
8348 of this title, enacting provisions set out as notes under
sections 8334, 8340, 8341, and 8348 of this title, and repealing
provisions set out as a note under section 8339 of this title] may
be cited as the 'Civil Service Retirement Amendments of 1969'."
SAVINGS PROVISION
Section 105(c) of Pub. L. 92-352 provided that: "The amendments
made by such subsection (a) [amending this section] shall not apply
in the cases of persons retired or otherwise separated prior to the
effective date established under subsection (b) of this section
[see Effective Date of 1972 Amendment note above], and the rights
of such persons and their survivors shall continue in the same
manner and to the same extent as if such amendments had not been
enacted."
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
RETIREMENT TREATMENT FOR CAPITOL POLICE HAZARDOUS MATERIALS
RESPONSE TEAM MEMBERS
Pub. L. 108-83, title I, Sec. 1004, Sept. 30, 2003, 117 Stat.
1022, provided that:
"(a) Retirement Treatment. -
"(1) In general. - For purposes of chapters 83 and 84 of title
5, United States Code, a hazardous materials response team member
of the Capitol Police shall be treated as a member of the Capitol
Police.
"(2) Application. - This subsection shall apply to periods of
service performed as a hazardous materials response team member
of the Capitol Police on and after December 1, 2002.
"(b) Treatment of Incumbents. -
"(1) Definitions. - In this subsection, the term -
"(A) 'incumbent' means an individual who -
"(i) is first appointed as a hazardous materials response
team member of the Capitol Police before the effective date
of this section; and
"(ii) is employed as a hazardous materials response team
member of the Capitol Police on that date; and
"(B) 'prior service' means any period of service performed by
an incumbent as a hazardous materials response team member of
the Capitol Police before the effective date of this section.
"(2) Individual contributions. -
"(A) In general. - An incumbent shall pay with respect to
prior service an amount into the Civil Service Retirement and
Disability Fund equal to -
"(i) the difference between the individual contributions
that were actually made for such prior service and the
individual contributions that would have been made for such
service if subsection (a) had then been in effect; and
"(ii) interest computed on the amount under clause (i)
based on section 8334(e) of title 5, United States Code.
"(B) Effect of not contributing. - If no part of or less than
the full amount required under subparagraph (A) is paid, all
prior service of the incumbent shall remain fully creditable as
treated under subsection (a), but the resulting annuity shall
be reduced in a manner similar to that described under section
8334(d)(2) of title 5, United States Code, to the extent
necessary to make up the amount unpaid.
"(3) Government contributions for prior service. - The Capitol
Police shall pay with respect to prior service of each incumbent
an amount into the Civil Service Retirement and Disability Fund
equal to -
"(A) the difference between the Government contributions that
were actually made for such prior service and the Government
contributions that would have been made for such service if
subsection (a) had then been in effect; and
"(B) interest computed on the amount under subparagraph (A)
based on section 8334(e) of title 5, United States Code.
"(c) Effective Date. - This section shall take effect on the
first day of the first applicable pay period beginning on or after
the date of enactment of this Act [Sept. 30, 2003]."
SUPREME COURT POLICE RETIREMENT
Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 308], Dec. 21,
2000, 114 Stat. 2762, 2762A-86, provided that:
"(a) Supreme Court Police Retirement. -
"(1) Service deemed to be service as law enforcement officer. -
Any period of service performed before the effective date of this
section by an individual as a member of the Supreme Court Police,
who is such a member on such date, shall be deemed to be service
performed as a law enforcement officer for purposes of chapters
83 and 84 of title 5, United States Code. Notwithstanding any
amendment made by this section, any period of service performed
before the effective date of this section by an individual as a
member of the Supreme Court Police, who is not such a member on
such date, shall be employee service for purposes of chapters 83
and 84 of title 5, United States Code.
"(2) Contributions. - The Marshal of the Supreme Court of the
United States shall pay an amount determined by the Office of
Personnel Management equal to -
"(A)(i) the difference between -
"(I) the amount that was deducted and withheld from basic
pay under chapters 83 and 84 of title 5, United States Code,
for the period of service described in the first sentence of
paragraph (1); and
"(II) the amount that should have been deducted and
withheld for such period of service, if it had instead been
performed as a law enforcement officer; and
"(ii) interest as prescribed under section 8334(e) of title
5, United States Code, based on the amount determined under
clause (i); and
"(B) with respect to the period of service described in
subparagraph (A), the difference between the Government
contributions that were in fact made to the Civil Service
Retirement and Disability Fund for such service, and the amount
that would have been required if such service had instead been
performed as a law enforcement officer, subject to subsection
(f).
"(3) Deposit of payments. - Payments under paragraph (2) shall
be paid from the salaries and expenses account from
appropriations to the Supreme Court of the United States,
including any prior year unobligated balances, and deposited in
the Civil Service Retirement and Disability Fund.
"(b) Amendments to Chapter 83. - [Amended sections 8334 to 8336
and 8339 of this title.]
"(c) Amendments to Chapter 84. - [Amended sections 8412, 8415,
8422, 8423, and 8425 of this title.]
"(d) Payments for Other Liability. -
"(1) In general. - The Marshal of the Supreme Court of the
United States shall pay into the Civil Service Retirement and
Disability Fund an amount determined by the Director of the
Office of Personnel Management to be necessary to reimburse the
Fund for any estimated increase in the unfunded liability of the
Fund resulting from the amendments related to the Civil Service
Retirement System under this section, and for any estimated
increase in the supplemental liability of the Fund resulting from
the amendments related to the Federal Employees' Retirement
System under this section.
"(2) Installments. - The amount determined under paragraph (1)
shall be paid in 5 equal annual installments with interest
computed at the rates used in the most recent valuation of the
Federal Employees' Retirement System.
"(3) Source of funds. - Payments under this subsection shall be
made from amounts available from the salaries and expenses
account from appropriations to the Supreme Court of the United
States, including any prior year unobligated balances.
"(e) No Mandatory Separation for a 2-Year Period. - Nothing in
section 8335(e) or 8425(d) of title 5, United States Code, as added
by this section, shall require the automatic separation of any
member of the Supreme Court Police before the end of the 2-year
period beginning on the effective date of this section.
"(f) Nonreduction in Government Contributions. - Notwithstanding
any other provision of this section, Government contributions to
the Civil Service Retirement and Disability Fund on behalf of a
member of the Supreme Court Police shall, with respect to any
service performed during the period beginning on January 1, 1999,
and ending on December 31, 2002, while subject to the Federal
Employees' Retirement System, be determined in the same way as if
this section had never been enacted.
"(g) Savings Provision. - Nothing in this section or in any
amendment made by this section shall, with respect to any service
performed before the effective date of such amendment, have the
effect of reducing the percentage applicable in computing any
portion of an annuity based on service as a member of the Supreme
Court Police below the percentage which would otherwise apply if
this section had not been enacted.
"(h) Technical and Conforming Amendments. - [Amended sections
8337, 8339, 8341, 8343a, and 8344 of this title.]
"(i) Applicability. - This section and the amendments made by
this section shall apply only to an individual who is employed as a
member of the Supreme Court Police after the later of October 1,
2000, or the date of enactment of this Act [Dec. 21, 2000].
"(j) Effective Date. - Except as otherwise provided in this
section, this section and the amendments made by this section shall
take effect on the first day of the first applicable pay period
that begins on the later of October 1, 2000, or the date of
enactment of this Act."
FEDERAL RETIREMENT COVERAGE ERRORS CORRECTION
Pub. L. 106-265, title II, Sept. 19, 2000, 114 Stat. 770,
provided that:
"SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.
"(a) Short Title. - This title may be cited as the 'Federal
Erroneous Retirement Coverage Corrections Act'.
"(b) Table of Contents. - [Omitted.]
"SEC. 2002. DEFINITIONS.
"For purposes of this title:
"(1) Annuitant. - The term 'annuitant' has the meaning given
such term under section 8331(9) or 8401(2) of title 5, United
States Code.
"(2) CSRS. - The term 'CSRS' means the Civil Service Retirement
System.
"(3) CSRDF. - The term 'CSRDF' means the Civil Service
Retirement and Disability Fund.
"(4) CSRS covered. - The term 'CSRS covered', with respect to
any service, means service that is subject to the provisions of
subchapter III of chapter 83 of title 5, United States Code,
other than service subject to section 8334(k) of such title.
"(5) CSRS-offset covered. - The term 'CSRS-Offset covered',
with respect to any service, means service that is subject to the
provisions of subchapter III of chapter 83 of title 5, United
States Code, and to section 8334(k) of such title.
"(6) Employee. - The term 'employee' has the meaning given such
term under section 8331(1) or 8401(11) of title 5, United States
Code.
"(7) Executive director. - The term 'Executive Director of the
Federal Retirement Thrift Investment Board' or 'Executive
Director' means the Executive Director appointed under section
8474 of title 5, United States Code.
"(8) FERS. - The term 'FERS' means the Federal Employees'
Retirement System.
"(9) FERS covered. - The term 'FERS covered', with respect to
any service, means service that is subject to chapter 84 of title
5, United States Code.
"(10) Former employee. - The term 'former employee' means an
individual who was an employee, but who is not an annuitant.
"(11) OASDI taxes. - The term 'OASDI taxes' means the OASDI
employee tax and the OASDI employer tax.
"(12) OASDI employee tax. - The term 'OASDI employee tax' means
the tax imposed under section 3101(a) of the Internal Revenue
Code of 1986 [26 U.S.C. 3101(a)] (relating to Old-Age, Survivors
and Disability Insurance).
"(13) OASDI employer tax. - The term 'OASDI employer tax' means
the tax imposed under section 3111(a) of the Internal Revenue
Code of 1986 [26 U.S.C. 3111(a)] (relating to Old-Age, Survivors
and Disability Insurance).
"(14) OASDI trust funds. - The term 'OASDI trust funds' means
the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
"(15) Office. - The term 'Office' means the Office of Personnel
Management.
"(16) Retirement coverage determination. - The term 'retirement
coverage determination' means a determination by an employee or
agent of the Government as to whether a particular type of
Government service is CSRS covered, CSRS-Offset covered, FERS
covered, or Social Security-Only covered.
"(17) Retirement coverage error. - The term 'retirement
coverage error' means an erroneous retirement coverage
determination that was in effect for a minimum period of 3 years
of service after December 31, 1986.
"(18) Social security-only covered. - The term 'Social Security-
Only covered', with respect to any service, means Government
service that -
"(A) constitutes employment under section 210 of the Social
Security Act (42 U.S.C. 410); and
"(B)(i) is subject to OASDI taxes; but
"(ii) is not subject to CSRS or FERS.
"(19) Survivor. - The term 'survivor' has the meaning given
such term under section 8331(10) or 8401(28) of title 5, United
States Code.
"(20) Thrift savings fund. - The term 'Thrift Savings Fund'
means the Thrift Savings Fund established under section 8437 of
title 5, United States Code.
"SEC. 2003. APPLICABILITY.
"(a) In General. - This title shall apply with respect to
retirement coverage errors that occur before, on, or after the date
of the enactment of this Act [Sept. 19, 2000].
"(b) Limitation. - Except as otherwise provided in this title,
this title shall not apply to any erroneous retirement coverage
determination that was in effect for a period of less than 3 years
of service after December 31, 1986.
"SEC. 2004. IRREVOCABILITY OF ELECTIONS.
"Any election made (or deemed to have been made) by an employee
or any other individual under this title shall be irrevocable.
"SUBTITLE A - DESCRIPTION OF RETIREMENT COVERAGE ERRORS TO WHICH
THIS TITLE APPLIES AND MEASURES FOR THEIR RECTIFICATION
"CHAPTER 1 - EMPLOYEES AND ANNUITANTS WHO SHOULD HAVE BEEN FERS
COVERED, BUT WHO WERE ERRONEOUSLY CSRS COVERED OR CSRS-OFFSET
COVERED INSTEAD, AND SURVIVORS OF SUCH EMPLOYEES AND ANNUITANTS
"SEC. 2101. EMPLOYEES.
"(a) Applicability. - This section shall apply in the case of any
employee or former employee who should be (or should have been)
FERS covered but, as a result of a retirement coverage error, is
(or was) CSRS covered or CSRS-Offset covered instead.
"(b) Uncorrected Error. -
"(1) Applicability. - This subsection applies if the retirement
coverage error has not been corrected before the effective date
of the regulations described under paragraph (3). As soon as
practicable after discovery of the error, and subject to the
right of an election under paragraph (2), if CSRS covered or CSRS-
Offset covered, such individual shall be treated as CSRS-Offset
covered, retroactive to the date of the retirement coverage
error.
"(2) Coverage. -
"(A) Election. - Upon written notice of a retirement coverage
error, an individual may elect to be CSRS-Offset covered or
FERS covered, effective as of the date of the retirement
coverage error. Such election shall be made not later than 180
days after the date of receipt of such notice.
"(B) Nonelection. - If the individual does not make an
election by the date provided under subparagraph (A), a CSRS-
Offset covered individual shall remain CSRS-Offset covered and
a CSRS covered individual shall be treated as CSRS-Offset
covered.
"(3) Regulations. - The Office shall prescribe regulations to
carry out this subsection.
"(c) Corrected Error. -
"(1) Applicability. - This subsection applies if the retirement
coverage error was corrected before the effective date of the
regulations described under subsection (b).
"(2) Coverage. -
"(A) Election. -
"(i) CSRS-offset covered. - Not later than 180 days after
the date of the enactment of this Act [Sept. 19, 2000], the
Office shall prescribe regulations authorizing individuals to
elect, during the 18-month period immediately following the
effective date of such regulations, to be CSRS-Offset
covered, effective as of the date of the retirement coverage
error.
"(ii) Thrift savings fund contributions. - If under this
section an individual elects to be CSRS-Offset covered, all
employee contributions to the Thrift Savings Fund made during
the period of FERS coverage (and earnings on such
contributions) may remain in the Thrift Savings Fund in
accordance with regulations prescribed by the Executive
Director, notwithstanding any limit under title 5, United
States Code, that would otherwise be applicable.
"(B) Previous settlement payment. - An individual who
previously received a payment ordered by a court or provided as
a settlement of claim for losses resulting from a retirement
coverage error shall not be entitled to make an election under
this subsection unless that amount is waived in whole or in
part under section 2208, and any amount not waived is repaid.
"(C) Ineligibility for election. - An individual who,
subsequent to correction of the retirement coverage error,
received a refund of retirement deductions under section 8424
of title 5, United States Code, or a distribution under section
8433(b), (c), or (h)(1)(A) of title 5, United States Code, may
not make an election under this subsection.
"(3) Corrective action to remain in effect. - If an individual
is ineligible to make an election or does not make an election
under paragraph (2) before the end of any time limitation under
this subsection, the corrective action taken before such time
limitation shall remain in effect.
"SEC. 2102. ANNUITANTS AND SURVIVORS.
"(a) In General. - This section shall apply in the case of an
individual who is -
"(1) an annuitant who should have been FERS covered but, as a
result of a retirement coverage error, was CSRS covered or CSRS-
Offset covered instead; or
"(2) a survivor of an employee who should have been FERS
covered but, as a result of a retirement coverage error, was CSRS
covered or CSRS-Offset covered instead.
"(b) Coverage. -
"(1) Election. - Not later than 180 days after the date of the
enactment of this Act [Sept. 19, 2000], the Office shall
prescribe regulations authorizing an individual described under
subsection (a) to elect CSRS-Offset coverage or FERS coverage,
effective as of the date of the retirement coverage error.
"(2) Time limitation. - An election under this subsection shall
be made not later than 18 months after the effective date of the
regulations prescribed under paragraph (1).
"(3) Reduced annuity. -
"(A) Amount in account. - If the individual elects CSRS-
Offset coverage, the amount in the employee's Thrift Savings
Fund account under subchapter III of chapter 84 of title 5,
United States Code, on the date of retirement that represents
the Government's contributions and earnings on those
contributions (whether or not such amount was subsequently
distributed from the Thrift Savings Fund) will form the basis
for a reduction in the individual's annuity, under regulations
prescribed by the Office.
"(B) Reduction. - The reduced annuity to which the individual
is entitled shall be equal to an amount which, when taken
together with the amount referred to in subparagraph (A), would
result in the present value of the total being actuarially
equivalent to the present value of an unreduced CSRS-Offset
annuity that would have been provided the individual.
"(4) Reduced benefit. - If -
"(A) a surviving spouse elects CSRS-Offset benefits; and
"(B) a FERS basic employee death benefit under section
8442(b) of title 5, United States Code, was previously paid,
then the survivor's CSRS-Offset benefit shall be subject to a
reduction, under regulations prescribed by the Office. The
reduced annuity to which the individual is entitled shall be
equal to an amount which, when taken together with the amount of
the payment referred to under subparagraph (B) would result in
the present value of the total being actuarially equivalent to
the present value of an unreduced CSRS-Offset annuity that would
have been provided the individual.
"(5) Previous settlement payment. - An individual who
previously received a payment ordered by a court or provided as a
settlement of claim for losses resulting from a retirement
coverage error may not make an election under this subsection
unless repayment of that amount is waived in whole or in part
under section 2208, and any amount not waived is repaid.
"(c) Nonelection. - If the individual does not make an election
under subsection (b) before any time limitation under this section,
the retirement coverage shall be subject to the following rules:
"(1) Corrective action previously taken. - If corrective action
was taken before the end of any time limitation under this
section, that corrective action shall remain in effect.
"(2) Corrective action not previously taken. - If corrective
action was not taken before such time limitation, the employee
shall be CSRS-Offset covered, retroactive to the date of the
retirement coverage error.
"CHAPTER 2 - EMPLOYEE WHO SHOULD HAVE BEEN FERS COVERED,
CSRS-OFFSET COVERED, OR CSRS COVERED, BUT WHO WAS ERRONEOUSLY
SOCIAL SECURITY-ONLY COVERED INSTEAD
"SEC. 2111. APPLICABILITY.
"This chapter shall apply in the case of any employee who -
"(1) should be (or should have been) FERS covered but, as a
result of a retirement coverage error, is (or was) Social
Security-Only covered instead;
"(2) should be (or should have been) CSRS-Offset covered but,
as a result of a retirement coverage error, is (or was) Social
Security-Only covered instead; or
"(3) should be (or should have been) CSRS covered but, as a
result of a retirement coverage error, is (or was) Social
Security-Only covered instead.
"SEC. 2112. CORRECTION MANDATORY.
"(a) Uncorrected Error. - If the retirement coverage error has
not been corrected, as soon as practicable after discovery of the
error, such individual shall be covered under the correct
retirement coverage, effective as of the date of the retirement
coverage error.
"(b) Corrected Error. - If the retirement coverage error has been
corrected, the corrective action previously taken shall remain in
effect.
"CHAPTER 3 - EMPLOYEE WHO SHOULD OR COULD HAVE BEEN SOCIAL
SECURITY-ONLY COVERED BUT WHO WAS ERRONEOUSLY CSRS-OFFSET COVERED
OR CSRS COVERED INSTEAD
"SEC. 2121. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED,
BUT WHO IS ERRONEOUSLY CSRS OR CSRS-OFFSET COVERED INSTEAD.
"(a) Applicability. - This section applies in the case of a
retirement coverage error in which a Social Security-Only covered
employee was erroneously CSRS covered or CSRS-Offset covered.
"(b) Uncorrected Error. -
"(1) Applicability. - This subsection applies if the retirement
coverage error has not been corrected before the effective date
of the regulations described in paragraph (3).
"(2) Coverage. - In the case of an individual who is
erroneously CSRS covered, as soon as practicable after discovery
of the error, and subject to the right of an election under
paragraph (3), such individual shall be CSRS-Offset covered,
effective as of the date of the retirement coverage error.
"(3) Election. -
"(A) In general. - Upon written notice of a retirement
coverage error, an individual may elect to be CSRS-Offset
covered or Social Security-Only covered, effective as of the
date of the retirement coverage error. Such election shall be
made not later than 180 days after the date of receipt of such
notice.
"(B) Nonelection. - If the individual does not make an
election before the date provided under subparagraph (A), the
individual shall remain CSRS-Offset covered.
"(C) Regulations. - The Office shall prescribe regulations to
carry out this paragraph.
"(c) Corrected Error. -
"(1) Applicability. - This subsection applies if the retirement
coverage error was corrected before the effective date of the
regulations described under subsection (b)(3).
"(2) Election. - Not later than 180 days after the date of the
enactment of this Act [Sept. 19, 2000], the Office shall
prescribe regulations authorizing individuals to elect, during
the 18-month period immediately following the effective date of
such regulations, to be CSRS-Offset covered or Social Security-
Only covered, effective as of the date of the retirement
coverage error.
"(3) Nonelection. - If an eligible individual does not make an
election under paragraph (2) before the end of any time
limitation under this subsection, the corrective action taken
before such time limitation shall remain in effect.
"CHAPTER 4 - EMPLOYEE WHO WAS ERRONEOUSLY FERS COVERED
"SEC. 2131. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED,
CSRS COVERED, OR CSRS-OFFSET COVERED AND IS NOT FERS-ELIGIBLE,
BUT WHO IS ERRONEOUSLY FERS COVERED INSTEAD.
"(a) Applicability. - This section applies in the case of a
retirement coverage error in which a Social Security-Only covered,
CSRS covered, or CSRS-Offset covered employee not eligible to elect
FERS coverage under authority of section 8402(c) of title 5, United
States Code, was erroneously FERS covered.
"(b) Uncorrected Error. -
"(1) Applicability. - This subsection applies if the retirement
coverage error has not been corrected before the effective date
of the regulations described in paragraph (2).
"(2) Coverage. -
"(A) Election. -
"(i) In general. - Upon written notice of a retirement
coverage error, an individual may elect to remain FERS
covered or to be Social Security-Only covered, CSRS covered,
or CSRS-Offset covered, as would have applied in the absence
of the erroneous retirement coverage determination, effective
as of the date of the retirement coverage error. Such
election shall be made not later than 180 days after the date
of receipt of such notice.
"(ii) Treatment of fers election. - An election of FERS
coverage under this subsection is deemed to be an election
under section 301 of the Federal Employees Retirement System
Act of 1986 (5 U.S.C. 8331 note; Public Law 99-335; 100 Stat.
599).
"(B) Nonelection. - If the individual does not make an
election before the date provided under subparagraph (A), the
individual shall remain FERS covered, effective as of the date
of the retirement coverage error.
"(3) Employee contributions in thrift savings fund. - If under
this section, an individual elects to be Social Security-Only
covered, CSRS covered, or CSRS-Offset covered, all employee
contributions to the Thrift Savings Fund made during the period
of erroneous FERS coverage (and all earnings on such
contributions) may remain in the Thrift Savings Fund in
accordance with regulations prescribed by the Executive Director,
notwithstanding any limit under section 8351 or 8432 of title 5,
United States Code.
"(4) Regulations. - Except as provided under paragraph (3), the
Office shall prescribe regulations to carry out this subsection.
"(c) Corrected Error. -
"(1) Applicability. - This subsection applies if the retirement
coverage error was corrected before the effective date of the
regulations described under paragraph (2).
"(2) Election. - Not later than 180 days after the date of the
enactment of this Act [Sept. 19, 2000], the Office shall
prescribe regulations authorizing individuals to elect, during
the 18-month period immediately following the effective date of
such regulations to remain Social Security-Only covered, CSRS
covered, or CSRS-Offset covered, or to be FERS covered, effective
as of the date of the retirement coverage error.
"(3) Nonelection. - If an eligible individual does not make an
election under paragraph (2), the corrective action taken before
the end of any time limitation under this subsection shall remain
in effect.
"(4) Treatment of fers election. - An election of FERS coverage
under this subsection is deemed to be an election under section
301 of the Federal Employees Retirement System Act of 1986 (5
U.S.C. 8331 note; Public Law 99-335; 100 Stat. 599).
"SEC. 2132. FERS-ELIGIBLE EMPLOYEE WHO SHOULD HAVE BEEN CSRS
COVERED, CSRS-OFFSET COVERED, OR SOCIAL SECURITY-ONLY COVERED,
BUT WHO WAS ERRONEOUSLY FERS COVERED INSTEAD WITHOUT AN
ELECTION.
"(a) In General. -
"(1) FERS election prevented. - If an individual was prevented
from electing FERS coverage because the individual was
erroneously FERS covered during the period when the individual
was eligible to elect FERS under title III of the Federal
Employees Retirement System Act [Pub. L. 99-335] or the Federal
Employees' Retirement System Open Enrollment Act of 1997 (Public
Law 105-61; 111 Stat. 1318 et seq.) [5 U.S.C. 8331 notes], the
individual -
"(A) is deemed to have elected FERS coverage; and
"(B) shall remain covered by FERS, unless the individual
declines, under regulations prescribed by the Office, to be
FERS covered.
"(2) Declining fers coverage. - If an individual described
under paragraph (1)(B) declines to be FERS covered, such
individual shall be CSRS covered, CSRS-Offset covered, or Social
Security-Only covered, as would apply in the absence of a FERS
election, effective as of the date of the erroneous retirement
coverage determination.
"(b) Employee Contributions in Thrift Savings Fund. - If under
this section, an individual declines to be FERS covered and instead
is Social Security-Only covered, CSRS covered, or CSRS-Offset
covered, as would apply in the absence of a FERS election, all
employee contributions to the Thrift Savings Fund made during the
period of erroneous FERS coverage (and all earnings on such
contributions) may remain in the Thrift Savings Fund in accordance
with regulations prescribed by the Executive Director,
notwithstanding any limit under title 5, United States Code, that
would otherwise be applicable.
"(c) Inapplicability of Duration of Erroneous Coverage. - This
section shall apply regardless of the length of time the erroneous
coverage determination remained in effect.
"SEC. 2133. RETROACTIVE EFFECT.
"This chapter shall be effective as of January 1, 1987, except
that section 2132 shall not apply to individuals who made or were
deemed to have made elections similar to those provided in this
section under regulations prescribed by the Office before the
effective date of this title.
"CHAPTER 5 - EMPLOYEE WHO SHOULD HAVE BEEN CSRS-OFFSET COVERED, BUT
WHO WAS ERRONEOUSLY CSRS COVERED INSTEAD
"SEC. 2141. APPLICABILITY.
"This chapter shall apply in the case of any employee who should
be (or should have been) CSRS-Offset covered but, as a result of a
retirement coverage error, is (or was) CSRS covered instead.
"SEC. 2142. CORRECTION MANDATORY.
"(a) Uncorrected Error. - If the retirement coverage error has
not been corrected, as soon as practicable after discovery of the
error, such individual shall be covered under the correct
retirement coverage, effective as of the date of the retirement
coverage error.
"(b) Corrected Error. - If the retirement coverage error has been
corrected before the effective date of this title, the corrective
action taken before such date shall remain in effect.
"CHAPTER 6 - EMPLOYEE WHO SHOULD HAVE BEEN CSRS COVERED, BUT WHO
WAS ERRONEOUSLY CSRS-OFFSET COVERED INSTEAD
"SEC. 2151. APPLICABILITY.
"This chapter shall apply in the case of any employee who should
be (or should have been) CSRS covered but, as a result of a
retirement coverage error, is (or was) CSRS-Offset covered instead.
"SEC. 2152. CORRECTION MANDATORY.
"(a) Uncorrected Error. - If the retirement coverage error has
not been corrected, as soon as practicable after discovery of the
error, such individual shall be covered under the correct
retirement coverage, effective as of the date of the retirement
coverage error.
"(b) Corrected Error. - If the retirement coverage error has been
corrected before the effective date of this title, the corrective
action taken before such date shall remain in effect.
"SUBTITLE B - GENERAL PROVISIONS
"SEC. 2201. IDENTIFICATION AND NOTIFICATION REQUIREMENTS.
"Government agencies shall take all such measures as may be
reasonable and appropriate to promptly identify and notify
individuals who are (or have been) affected by a retirement
coverage error of their rights under this title.
"SEC. 2202. INFORMATION TO BE FURNISHED TO AND BY AUTHORITIES
ADMINISTERING THIS TITLE.
"(a) Applicability. - The authorities identified in this
subsection are -
"(1) the Director of the Office of Personnel Management;
"(2) the Commissioner of Social Security; and
"(3) the Executive Director of the Federal Retirement Thrift
Investment Board.
"(b) Authority To Obtain Information. - Each authority identified
in subsection (a) may secure directly from any department or agency
of the United States information necessary to enable such authority
to carry out its responsibilities under this title. Upon request of
the authority involved, the head of the department or agency
involved shall furnish that information to the requesting
authority.
"(c) Authority To Provide Information. - Each authority
identified in subsection (a) may provide directly to any department
or agency of the United States all information such authority
believes necessary to enable the department or agency to carry out
its responsibilities under this title.
"(d) Limitation; Safeguards. - Each of the respective authorities
under subsection (a) shall -
"(1) request or provide only such information as that authority
considers necessary; and
"(2) establish, by regulation or otherwise, appropriate
safeguards to ensure that any information obtained under this
section shall be used only for the purpose authorized.
"SEC. 2203. SERVICE CREDIT DEPOSITS.
"(a) CSRS Deposit. - In the case of a retirement coverage error
in which -
"(1) a FERS covered employee was erroneously CSRS covered or
CSRS-Offset covered;
"(2) the employee made a service credit deposit under the CSRS
rules; and
"(3) there is a subsequent retroactive change to FERS coverage,
the excess of the amount of the CSRS civilian or military service
credit deposit over the FERS civilian or military service credit
deposit, together with interest computed in accordance with
paragraphs (2) and (3) of section 8334(e) of title 5, United States
Code, and regulations prescribed by the Office, shall be paid to
the employee, the annuitant or, in the case of a deceased employee,
to the individual entitled to lump-sum benefits under section
8424(d) of title 5, United States Code.
"(b) FERS Deposit. -
"(1) Applicability. - This subsection applies in the case of an
erroneous retirement coverage determination in which -
"(A) the employee owed a service credit deposit under section
8411(f) of title 5, United States Code; and
"(B)(i) there is a subsequent retroactive change to CSRS or
CSRS-Offset coverage; or
"(ii) the service becomes creditable under chapter 83 of
title 5, United States Code.
"(2) Reduced annuity. -
"(A) In general. - If at the time of commencement of an
annuity there is remaining unpaid CSRS civilian or military
service credit deposit for service described under paragraph
(1), the annuity shall be reduced based upon the amount unpaid
together with interest computed in accordance with section
8334(e)(2) and (3) of title 5, United States Code, and
regulations prescribed by the Office.
"(B) Amount. - The reduced annuity to which the individual is
entitled shall be equal to an amount that, when taken together
with the amount referred to under subparagraph (A), would
result in the present value of the total being actuarially
equivalent to the present value of the unreduced annuity
benefit that would have been provided the individual.
"(3) Survivor annuity. -
"(A) In general. - If at the time of commencement of a
survivor annuity, there is remaining unpaid any CSRS service
credit deposit described under paragraph (1), and there has
been no actuarial reduction in an annuity under paragraph (2),
the survivor annuity shall be reduced based upon the amount
unpaid together with interest computed in accordance with
section 8334(e)(2) and (3) of title 5, United States Code, and
regulations prescribed by the Office.
"(B) Amount. - The reduced survivor annuity to which the
individual is entitled shall be equal to an amount that, when
taken together with the amount referred to under subparagraph
(A), would result in the present value of the total being
actuarially equivalent to the present value of an unreduced
survivor annuity benefit that would have been provided the
individual.
"SEC. 2204. PROVISIONS RELATED TO SOCIAL SECURITY COVERAGE OF
MISCLASSIFIED EMPLOYEES.
"(a) Definitions. - In this section, the term -
"(1) 'covered individual' means any employee, former employee,
or annuitant who -
"(A) is or was employed erroneously subject to CSRS coverage
as a result of a retirement coverage error; and
"(B) is or was retroactively converted to CSRS-offset
coverage, FERS coverage, or Social Security-Only coverage; and
"(2) 'excess CSRS deduction amount' means an amount equal to
the difference between the CSRS deductions withheld and the CSRS-
Offset or FERS deductions, if any, due with respect to a covered
individual during the entire period the individual was
erroneously subject to CSRS coverage as a result of a retirement
coverage error.
"(b) Reports to Commissioner of Social Security. -
"(1) In general. - In order to carry out the Commissioner of
Social Security's responsibilities under title II of the Social
Security Act [42 U.S.C. 401 et seq.], the Commissioner may
request the head of each agency that employs or employed a
covered individual to report (in coordination with the Office of
Personnel Management) in such form and within such timeframe as
the Commissioner may specify, any or all of -
"(A) the total wages (as defined in section 3121(a) of the
Internal Revenue Code of 1986 [26 U.S.C. 3121(a)]) paid to such
individual during each year of the entire period of the
erroneous CSRS coverage; and
"(B) such additional information as the Commissioner may
require for the purpose of carrying out the Commissioner's
responsibilities under title II of the Social Security Act (42
U.S.C. 401 et seq.).
"(2) Compliance. - The head of an agency or the Office shall
comply with a request from the Commissioner under paragraph (1).
"(3) Wages. - For purposes of section 201 of the Social
Security Act (42 U.S.C. 401), wages reported under this
subsection shall be deemed to be wages reported to the Secretary
of the Treasury or the Secretary's delegates pursuant to subtitle
F of the Internal Revenue Code of 1986 [26 U.S.C. 6001 et seq.].
"(c) Payment Relating to OASDI Employee Taxes. - The Office shall
transfer from the Civil Service Retirement and Disability Fund to
the General Fund of the Treasury an amount equal to the lesser of
the excess CSRS deduction amount or the OASDI taxes due for covered
individuals (as adjusted by amounts transferred relating to
applicable OASDI employee taxes as a result of corrections made,
including corrections made before the date of the enactment of this
Act [Sept. 19, 2000]). If the excess CSRS deductions exceed the
OASDI taxes, any difference shall be paid to the covered individual
or survivors, as appropriate.
"(d) Payment of OASDI Employer Taxes. -
"(1) In general. - Each employing agency shall pay an amount
equal to the OASDI employer taxes owed with respect to covered
individuals during the applicable period of erroneous coverage
(as adjusted by amounts transferred for the payment of such taxes
as a result of corrections made, including corrections made
before the date of the enactment of this Act [Sept. 19, 2000]).
"(2) Payment. - Amounts paid under this subsection shall be
determined subject to any limitation under section 6501 of the
Internal Revenue Code of 1986 [26 U.S.C. 6501].
"SEC. 2205. THRIFT SAVINGS PLAN TREATMENT FOR CERTAIN
INDIVIDUALS.
"(a) Applicability. - This section applies to an individual who -
"(1) is eligible to make an election of coverage under section
2101 or 2102, and only if FERS coverage is elected (or remains in
effect) for the employee involved; or
"(2) is described in section 2111, and makes or has made
retroactive employee contributions to the Thrift Savings Fund
under regulations prescribed by the Executive Director.
"(b) Payment Into Thrift Savings Fund. -
"(1) In general. -
"(A) Payment. - With respect to an individual to whom this
section applies, the employing agency shall pay to the Thrift
Savings Fund under subchapter III of chapter 84 of title 5,
United States Code, for credit to the account of the employee
involved, an amount equal to the earnings which are disallowed
under section 8432a(a)(2) of such title on the employee's
retroactive contributions to such Fund.
"(B) Amount. - Earnings under subparagraph (A) shall be
computed in accordance with the procedures for computing lost
earnings under section 8432a of title 5, United States Code.
The amount paid by the employing agency shall be treated for
all purposes as if that amount had actually been earned on the
basis of the employee's contributions.
"(C) Exceptions. - If an individual made retroactive
contributions before the effective date of the regulations
under section 2101(c), the Director may provide for an
alternative calculation of lost earnings to the extent that a
calculation under subparagraph (B) is not administratively
feasible. The alternative calculation shall yield an amount
that is as close as practicable to the amount computed under
subparagraph (B), taking into account earnings previously paid.
"(2) Additional employee contribution. - In cases in which the
retirement coverage error was corrected before the effective date
of the regulations under section 2101(c), the employee involved
shall have an additional opportunity to make retroactive
contributions for the period of the retirement coverage error
(subject to applicable limits), and such contributions (including
any contributions made after the date of the correction) shall be
treated in accordance with paragraph (1).
"(c) Regulations. -
"(1) Executive director. - The Executive Director shall
prescribe regulations appropriate to carry out this section
relating to retroactive employee contributions and payments made
on or after the effective date of the regulations under section
2101(c).
"(2) Office. - The Office, in consultation with the Federal
Retirement Thrift Investment Board, shall prescribe regulations
appropriate to carry out this section relating to the calculation
of lost earnings on retroactive employee contributions made
before the effective date of the regulations under section
2101(c).
"SEC. 2206. CERTAIN AGENCY AMOUNTS TO BE PAID INTO OR REMAIN IN
THE CSRDF.
"(a) Certain Excess Agency Contributions To Remain in the CSRDF. -
"(1) In general. - Any amount described under paragraph (2)
shall -
"(A) remain in the CSRDF; and
"(B) may not be paid or credited to an agency.
"(2) Amounts. - Paragraph (1) refers to any amount of
contributions made by an agency under section 8423 of title 5,
United States Code, on behalf of any employee, former employee,
or annuitant (or survivor of such employee, former employee, or
annuitant) who makes an election to correct a retirement coverage
error under this title, that the Office determines to be excess
as a result of such election.
"(b) Additional Employee Retirement Deductions To Be Paid by
Agency. - If a correction in a retirement coverage error results in
an increase in employee deductions under section 8334 or 8422 of
title 5, United States Code, that cannot be fully paid by a
reallocation of otherwise available amounts previously deducted
from the employee's pay as employment taxes or retirement
deductions, the employing agency -
"(1) shall pay the required additional amount into the CSRDF;
and
"(2) shall not seek repayment of that amount from the employee,
former employee, annuitant, or survivor.
"SEC. 2207. CSRS COVERAGE DETERMINATIONS TO BE APPROVED BY OPM.
"No agency shall place an individual under CSRS coverage unless -
"(1) the individual has been employed with CSRS coverage within
the preceding 365 days; or
"(2) the Office has agreed in writing that the agency's
coverage determination is correct.
"SEC. 2208. DISCRETIONARY ACTIONS BY DIRECTOR.
"(a) In General. - The Director of the Office of Personnel
Management may -
"(1) extend the deadlines for making elections under this title
in circumstances involving an individual's inability to make a
timely election due to a cause beyond the individual's control;
"(2) provide for the reimbursement of necessary and reasonable
expenses incurred by an individual with respect to settlement of
a claim for losses resulting from a retirement coverage error,
including attorney's fees, court costs, and other actual
expenses;
"(3) compensate an individual for monetary losses that are a
direct and proximate result of a retirement coverage error,
excluding claimed losses relating to forgone contributions and
earnings under the Thrift Savings Plan under subchapter III of
chapter 84 of title 5, United States Code, and all other
investment opportunities; and
"(4) waive payments required due to correction of a retirement
coverage error under this title.
"(b) Similar Actions. - In exercising the authority under this
section, the Director shall, to the extent practicable, provide for
similar actions in situations involving similar circumstances.
"(c) Judicial Review. - Actions taken under this section are
final and conclusive, and are not subject to administrative or
judicial review.
"(d) Regulations. - The Office of Personnel Management shall
prescribe regulations regarding the process and criteria used in
exercising the authority under this section.
"(e) Report. - The Office of Personnel Management shall, not
later than 180 days after the date of the enactment of this Act
[Sept. 19, 2000], and annually thereafter for each year in which
the authority provided in this section is used, submit a report to
each House of Congress on the operation of this section.
"SEC. 2209. REGULATIONS.
"(a) In General. - In addition to the regulations specifically
authorized in this title, the Office may prescribe such other
regulations as are necessary for the administration of this title.
"(b) Former Spouse. - The regulations prescribed under this title
shall provide for protection of the rights of a former spouse with
entitlement to an apportionment of benefits or to survivor benefits
based on the service of the employee.
"SUBTITLE C - OTHER PROVISIONS
"SEC. 2301. PROVISIONS TO AUTHORIZE CONTINUED CONFORMITY OF OTHER
FEDERAL RETIREMENT SYSTEMS.
"(a) Foreign Service. - Sections 827 and 851 of the Foreign
Service Act of 1980 (22 U.S.C. 4067 and 4071) shall apply with
respect to this title in the same manner as if this title were part
of -
"(1) the Civil Service Retirement System, to the extent this
title relates to the Civil Service Retirement System; and
"(2) the Federal Employees' Retirement System, to the extent
this title relates to the Federal Employees' Retirement System.
"(b) Central Intelligence Agency. - Sections 292 and 301 of the
Central Intelligence Agency Retirement Act (50 U.S.C. 2141 and
2151) shall apply with respect to this title in the same manner as
if this title were part of -
"(1) the Civil Service Retirement System, to the extent this
title relates to the Civil Service Retirement System; and
"(2) the Federal Employees' Retirement System, to the extent
this title relates to the Federal Employees' Retirement System.
"SEC. 2302. AUTHORIZATION OF PAYMENTS.
"All payments authorized or required by this title to be paid
from the Civil Service Retirement and Disability Fund, together
with administrative expenses incurred by the Office in
administering this title, shall be deemed to have been authorized
to be paid from that Fund, which is appropriated for the payment
thereof.
"SEC. 2303. INDIVIDUAL RIGHT OF ACTION PRESERVED FOR AMOUNTS NOT
OTHERWISE PROVIDED FOR UNDER THIS TITLE.
"Nothing in this title shall preclude an individual from bringing
a claim against the Government of the United States which such
individual may have under section 1346(b) or chapter 171 of title
28, United States Code, or any other provision of law (except to
the extent the claim is for any amounts otherwise provided for
under this title).
"SUBTITLE D - EFFECTIVE DATE
"SEC. 2401. EFFECTIVE DATE.
"Except as otherwise provided in this title, this title shall
take effect on the date of the enactment of this Act [Sept. 19,
2000]."
FEDERAL EMPLOYEES' RETIREMENT SYSTEM OPEN ENROLLMENT ACT OF 1997
Pub. L. 105-61, title VI, Sec. 642(a)-(c), Oct. 10, 1997, 111
Stat. 1318, as amended by Pub. L. 105-66, title III, Sec. 348, Oct.
27, 1997, 111 Stat. 1451, known as the "Federal Employees'
Retirement System Open Enrollment Act of 1997", provided that any
individual who, as of Jan. 1, 1998, was employed by the Federal
Government, and on such date was subject to subchapter III of
chapter 83 of this title, other than a Member of Congress, could
elect to become subject to chapter 84 of this title, and directed
Office of Personnel Management to promulgate regulations which
would provide for an election to be made not before July 1, 1998,
or after Dec. 31, 1998.
PILOT PROGRAMS FOR DEFENSE EMPLOYEES CONVERTED TO CONTRACTOR
EMPLOYEES DUE TO PRIVATIZATION AT CLOSED MILITARY INSTALLATIONS
Pub. L. 104-201, div. A, title XVI, Sec. 1616, Sept. 23, 1996,
110 Stat. 2741, as amended by Pub. L. 108-271, Sec. 8(b), July 7,
2004, 118 Stat. 814, provided that:
"(a) Pilot Programs Authorized. - (1) The Secretary of Defense,
after consultation with the Director of the Office of Personnel
Management, may establish one or more pilot programs under which
Federal retirement benefits are provided in accordance with this
section to persons who convert from Federal employment to
employment by a Department of Defense contractor in connection with
the privatization of the performance of functions at selected
military installations being closed under the base closure and
realignment process.
"(2) The Secretary of Defense shall select the military
installations to be covered by a pilot program under this section.
"(b) Eligible Converted Employees. - (1) A person is a converted
employee eligible for Federal retirement benefits under this
section if the person is a former employee of the Department of
Defense (other than a temporary employee) who -
"(A) while employed by the Department of Defense at a military
installation selected to participate in a pilot program,
performed a function that was recommended, in a report of the
Defense Base Closure and Realignment Commission submitted to the
President under the Defense Base Closure and Realignment Act of
1990 ([part A of] title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), to be privatized for performance by a defense
contractor at the same installation or in the vicinity of the
installation;
"(B) while so employed, separated from Federal service after
being notified that the employee would be separated in a
reduction in force resulting from such privatization;
"(C) at the time separated from Federal service, was covered
under the Civil Service Retirement System, but was not eligible
for an immediate annuity under the Civil Service Retirement
System;
"(D) does not withdraw retirement contributions under section
8342 of title 5, United States Code;
"(E) within 60 days following such separation, is employed by
the defense contractor selected to privatize the function to
perform substantially the same function performed by the person
before the separation; and
"(F) remains employed by the defense contractor (or a successor
defense contractor) or subcontractor of the defense contractor
(or successor defense contractor) until attaining early deferred
retirement age (unless the employment is sooner involuntarily
terminated for reasons other than performance or conduct of the
employee).
"(2) A person who, under paragraph (1), would otherwise be
eligible for an early deferred annuity under this section shall not
be eligible for such benefits if the person received separation pay
or severance pay due to a separation described in subparagraph (B)
of that paragraph unless the person repays the full amount of such
pay with interest (computed at a rate determined appropriate by the
Director of the Office of Personnel Management) to the Department
of Defense before attaining early deferred retirement age.
"(c) Retirement Benefits of Converted Employees. - In the case of
a converted employee covered by a pilot program, payment of a
deferred annuity for which the converted employee is eligible under
section 8338(a) of title 5, United States Code, shall commence on
the first day of the first month that begins after the date on
which the converted employee attains early deferred retirement age,
notwithstanding the age requirement under that section. If the
employment of a converted employee is involuntarily terminated by
the defense contractor or subcontractor as described in subsection
(b)(1)(F) and the converted employee resumes Federal service before
the converted employee attains early deferred retirement age, the
converted employee shall once again be covered under the Civil
Service Retirement System instead of the pilot program.
"(d) Computation of Average Pay. - (1)(A) This paragraph applies
to a converted employee who was employed in a position classified
under the General Schedule immediately before the employee's
covered separation from Federal service.
"(B) Subject to subparagraph (C), for purposes of computing the
deferred annuity for a converted employee referred to in
subparagraph (A), the average pay of the converted employee,
computed under section 8331(4) of title 5, United States Code, as
of the date of the employee's covered separation from Federal
service, shall be adjusted at the same time and by the same
percentage that rates of basic pay are increased under section 5303
of such title during the period beginning on that date and ending
on the date on which the converted employee attains early deferred
retirement age.
"(C) The average pay of a converted employee, as adjusted under
subparagraph (B), may not exceed the amount to which an annuity of
the converted employee could be increased under section 8340 of
title 5, United States Code, in accordance with the limitation in
subsection (g)(1) of such section (relating to maximum pay, final
pay, or average pay).
"(2)(A) This paragraph applies to a converted employee who was a
prevailing rate employee (as defined under section 5342(2)
[5342(a)(2)] of title 5, United States Code) immediately before the
employee's covered separation from Federal service.
"(B) For purposes of computing the deferred annuity for a
converted employee referred to in subparagraph (A), the average pay
of the converted employee, computed under section 8331(4) of title
5, United States Code, as of the date of the employee's covered
separation from Federal service, shall be adjusted at the same time
and by the same percentage that pay rates for positions that are in
the same area as, and are comparable to, the last position the
converted employee held as a prevailing rate employee, are
increased under section 5343(a) of such title during the period
beginning on that date and ending on the date on which the
converted employee attains early deferred retirement age.
"(e) Payment of Unfunded Liability. - (1) The military department
concerned shall be liable for that portion of any estimated
increase in the unfunded liability of the Civil Service Retirement
and Disability Fund established under section 8348 of title 5,
United States Code, which is attributable to any benefits payable
from such Fund to a converted employee, and any survivor of a
converted employee, when the increase results from -
"(A) an increase in the average pay of the converted employee
under subsection (d) upon which such benefits are computed; and
"(B) the commencement of an early deferred annuity in
accordance with this section before the attainment of 62 years of
age by the converted employee.
"(2) The estimated increase in the unfunded liability for each
department referred to in paragraph (1) shall be determined by the
Director of the Office of Personnel Management. In making the
determination, the Director shall consider any savings to the Fund
as a result of a pilot program established under this section. The
Secretary of the military department concerned shall pay the amount
so determined to the Director in 10 equal annual installments with
interest computed at the rate used in the most recent valuation of
the Civil Service Retirement System, with the first payment thereof
due at the end of the fiscal year in which an increase in average
pay under subsection (d) becomes effective.
"(f) Contractor Service Not Creditable. - Service performed by a
converted employee for a defense contractor after the employee's
covered separation from Federal service is not creditable service
for purposes of subchapter III of chapter 83 of title 5, United
States Code.
"(g) Receipt of Benefits While Employed by a Defense Contractor. -
A converted employee may commence receipt of an early deferred
annuity in accordance with this section while continuing to work
for a defense contractor.
"(h) Lump-Sum Credit Payment. - If a converted employee dies
before attaining early deferred retirement age, such employee shall
be treated as a former employee who dies not retired for purposes
of payment of the lump-sum credit under section 8342(d) of title 5,
United States Code.
"(i) Continued Federal Health Benefits Coverage. -
Notwithstanding section 8905a(e)(1)(A) of title 5, United States
Code, the continued coverage of a converted employee for health
benefits under chapter 89 of such title by reason of the
application of section 8905a of such title to such employee shall
terminate 90 days after the date of the employee's covered
separation from Federal employment. For the purposes of the
preceding sentence, a person who, except for subsection (b)(2),
would be a converted employee shall be considered a converted
employee.
"(j) Report by Government Accountability Office. - The
Comptroller General shall conduct a study of each pilot program, if
any, established under this section and submit a report on the
pilot program to Congress not later than two years after the date
on which the program is established. The report shall contain the
following:
"(1) A review and evaluation of the program, including -
"(A) an evaluation of the success of the privatization
outcomes of the program;
"(B) a comparison and evaluation of such privatization
outcomes with the privatization outcomes with respect to
facilities at other military installations closed or realigned
under the base closure laws;
"(C) an evaluation of the impact of the program on the
Federal workforce and whether the program results in the
maintenance of a skilled workforce for defense contractors at
an acceptable cost to the military department concerned; and
"(D) an assessment of the extent to which the program is a
cost-effective means of facilitating privatization of the
performance of Federal activities.
"(2) Recommendations relating to the expansion of the program
to other installations and employees.
"(3) Any other recommendation relating to the program.
"(k) Implementing Regulations. - Not later than 30 days after the
Secretary of Defense notifies the Director of the Office of
Personnel Management of a decision to establish a pilot program
under this section, the Director shall prescribe regulations to
carry out the provisions of this section with respect to that pilot
program. Before prescribing the regulations, the Director shall
consult with the Secretary.
"(l) Definitions. - In this section:
"(1) The term 'converted employee' means a person who, pursuant
to subsection (b), is eligible for benefits under this section.
"(2) The term 'covered separation from Federal service' means a
separation from Federal service as described under subsection
(b)(1)(B).
"(3) The term 'Civil Service Retirement System' means the
retirement system under subchapter III of chapter 83 of title 5,
United States Code.
"(4) The term 'defense contractor' means any entity that -
"(A) contracts with the Department of Defense to perform a
function previously performed by Department of Defense
employees;
"(B) performs that function at the same installation at which
such function was previously performed by Department of Defense
employees or in the vicinity of that installation; and
"(C) is the employer of one or more converted employees.
"(5) The term 'early deferred retirement age' means the first
age at which a converted employee would have been eligible for
immediate retirement under subsection (a) or (b) of section 8336
of title 5, United States Code, if such converted employee had
remained an employee within the meaning of section 8331(1) of
such title continuously until attaining such age.
"(6) The term 'severance pay' means severance pay payable under
section 5595 of title 5, United States Code.
"(7) The term 'separation pay' means separation pay payable
under section 5597 of title 5, United States Code.
"(m) Application of Pilot Program. - In the event that a pilot
program is established for a military installation, the pilot
program shall apply to a covered separation from Federal service by
an employee of the Department of Defense at the installation
occurring on or after August 1, 1996."
ADDITIONAL AGENCY CONTRIBUTIONS TO RETIREMENT FUND
Pub. L. 103-226, Sec. 4, Mar. 30, 1994, 108 Stat. 114, as amended
by Pub. L. 104-52, title IV, Sec. 3, Nov. 19, 1995, 109 Stat. 490;
Pub. L. 108-487, title IV, Sec. 401(b)(2), Dec. 23, 2004, 118 Stat.
3946, provided that:
"(a) Relating to Voluntary Separation Incentive Payments. -
"(1) In general. - In addition to any other payments which it
is required to make under subchapter III of chapter 83 of title
5, United States Code, an agency shall remit to the Office of
Personnel Management for deposit in the Treasury of the United
States to the credit of the Civil Service Retirement and
Disability Fund an amount equal to 9 percent of the final basic
pay of each employee of the agency -
"(A) who, on or after the date of the enactment of this Act
[Mar. 30, 1994] retires under section 8336(d)(2) of such title;
and
"(B) to whom a voluntary separation incentive payment has
been or is to be paid by such agency based on that retirement.
"(2) Definitions. - For the purpose of this subsection -
"(A) the term 'final basic pay', with respect to an employee,
means the total amount of basic pay which would be payable for
a year of service by such employee, computed using the
employee's final rate of basic pay, and, if last serving on
other than a full-time basis, with appropriate adjustment
therefor; and
"(B) the term 'voluntary separation incentive payment' means -
"(i) a voluntary separation incentive payment under section
3 [5 U.S.C. 5597 note] (including under any program
established under section 3(f)); and
"(ii) any separation pay under section 5597 of title 5,
United States Code.
"(b) Relating to Fiscal Years 1995 Through 1998. -
"(1) In general. - In addition to any other payments which it
is required to make under subchapter III of chapter 83 or chapter
84 of title 5, United States Code, in fiscal years 1995, 1996,
1997, and 1998 (and in addition to any amounts required under
subsection (a)), each agency shall, before the end of each such
fiscal year, remit to the Office of Personnel Management for
deposit in the Treasury of the United States to the credit of the
Civil Service Retirement and Disability Fund an amount equal to
the product of -
"(A) the number of employees of such agency who, as of March
31st of such fiscal year, are subject to subchapter III of
chapter 83 or chapter 84 of such title; multiplied by
"(B) $80.
"(2) Definition. - For the purpose of this subsection, the term
'agency' means an Executive agency (as defined by section 105 of
title 5, United States Code), but does not include the General
Accounting Office [now Government Accountability Office].
"(c) Regulations. - The Director of the Office of Personnel
Management may prescribe any regulations necessary to carry out
this section."
COORDINATION WITH PAY PERIODS
Pub. L. 99-556, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3141,
provided that: "Under regulations prescribed by the Office of
Personnel Management, any reference to a specific date in section
302, 303, 305 [5 U.S.C. 8331 notes], or 702(a) [5 U.S.C. 8401 note]
of the Federal Employees' Retirement System Act of 1986 (Public Law
99-335; 100 Stat. 514) shall, for purposes of individual
contributions (including deductions from basic pay), Government
contributions, and refunds, be deemed to be a reference to the
first day of the first applicable pay period beginning on or after
such date, or to the day before such first day, as appropriate."
CONTINUED COVERAGE UNDER CERTAIN FEDERAL EMPLOYEE BENEFIT PROGRAMS
FOR CERTAIN EMPLOYEES OF SAINT ELIZABETHS HOSPITAL
Pub. L. 99-335, title II, Sec. 207(o), as added by Pub. L. 100-
238, title I, Sec. 109(a), Jan. 8, 1988, 101 Stat. 1748, provided
that: "An employee of Saint Elizabeths Hospital who is appointed to
a position in the government of the District of Columbia on October
1, 1987, pursuant to the Saint Elizabeths Hospital and District of
Columbia Mental Health Services Act (Public Law 98-621; 98 Stat.
3369 and following) [see Short Title note set out under section 225
of Title 24, Hospitals and Asylums] shall, for purposes of chapters
83, 87, and 89 of title 5, United States Code, be treated in the
same way as an individual first employed by the government of the
District of Columbia before October 1, 1987."
[Section 109(b) of Pub. L. 100-238 provided that: "The amendment
made by this section [enacting note above] shall be effective as of
October 1, 1987."]
ELECTION OF COVERAGE UNDER CHAPTER 84
Sections 301-303 of Pub. L. 99-335, as amended by Pub. L. 99-556,
title III, Secs. 301, 302, Oct. 27, 1986, 100 Stat. 3135, 3136;
Pub. L. 100-20, Sec. 1(a), Apr. 7, 1987, 101 Stat. 265; Pub. L. 100-
238, title I, Secs. 106, 107, 113(a)(1), 118, 119, 134(b), (c),
Jan. 8, 1988, 101 Stat. 1746, 1747, 1750, 1752, 1764, 1765; Pub. L.
108-176, title II, Sec. 226(b)(2)(D), Dec. 12, 2003, 117 Stat.
2530, provided that:
"SEC. 301. ELECTIONS.
"(a) Elections for Individuals Subject to the Civil Service
Retirement System. - (1)(A) Any individual (other than an
individual under subsection (b)) who, as of June 30, 1987, is
employed by the Federal Government, and who is then subject to
subchapter III of chapter 83 of title 5, United States Code, may
elect to become subject to chapter 84 of such title.
"(B) An election under this paragraph may not be made before July
1, 1987, or after December 31, 1987.
"(2)(A) Any individual who, after June 30, 1987, becomes
reemployed by the Federal Government, and who is then subject to
subchapter III of chapter 83 of title 5, United States Code, may
elect to become subject to chapter 84 of such title.
"(B) An election under this paragraph shall not be effective
unless it is made during the six-month period beginning on the date
on which reemployment commences.
"(3)(A) Except as provided in subparagraph (B), any individual -
"(i) who is excluded from the operation of subchapter III of
chapter 83 of title 5, United States Code, under subsection (g),
(i), (j), or (l) of section 8347 of such title, and
"(ii) with respect to whom chapter 84 of title 5, United States
Code, does not apply because of section 8402(b)(2) of such title,
shall, for purposes of an election under paragraph (1) or (2), be
treated as if such individual were subject to subchapter III of
chapter 83 of title 5, United States Code.
"(B) An election under this paragraph may not be made by any
individual who would be excluded from the operation of chapter 84
of title 5, United States Code, under section 8402(c) of such title
(relating to exclusions based on the temporary or intermittent
nature of one's employment).
"(4) A member of the Foreign Service described in section 103(6)
of the Foreign Service Act of 1980 [22 U.S.C. 3903(6)] shall be
ineligible to make any election under this subsection.
"(b) Elections for Certain Individuals Serving Continuously Since
December 31, 1983. - The following rules shall apply in the case of
any individual described in section 8402(b)(1) of title 5, United
States Code:
"(1) If, as of December 31, 1986, the individual is subject to
subchapter III of chapter 83 of title 5, United States Code, but
is not subject to section 204 of the Federal Employees'
Retirement Contribution Temporary Adjustment Act of 1983 [section
204 of Pub. L. 98-168, set out below], the individual shall
remain so subject to such subchapter unless the individual
elects, after June 30, 1987, and before January 1, 1988 -
"(A) to become subject to such subchapter under the same
terms and conditions as apply in the case of an individual
described in section 8402(b)(2) of such title who is subject to
such subchapter; or
"(B) to become subject to chapter 84 of such title.
An individual eligible to make an election under this paragraph
may make the election described in subparagraph (A) or (B), but
not both.
"(2) If, as of December 31, 1986, the individual is subject to
subchapter III of chapter 83 of title 5, United States Code, and
is also subject to section 204 of the Federal Employees'
Retirement Contribution Temporary Adjustment Act of 1983 [set out
below], the individual -
"(A) shall, as of January 1, 1987, become subject to such
subchapter under the same terms and conditions as apply in the
case of an individual described in section 8402(b)(2) of such
title who is subject to such subchapter; and
"(B) may (during the six-month period described in subsection
(a)(1)(B)) elect to become subject to chapter 84 of such title.
"(3)(A) If, as of December 31, 1986, the individual is not
subject to subchapter III of chapter 83 of title 5, United States
Code, such individual may, during the 6-month period described in
subsection (a)(1)(B) -
"(i) elect to become subject to chapter 84 of such title; or
"(ii) if such individual has not since made an election
described in subparagraph (B), elect to become subject to
subchapter III of chapter 83 of such title under the same terms
and conditions as apply in the case of an individual described
in section 8402(b)(2) of such title who is subject to such
subchapter.
"(B) Nothing in this paragraph shall be considered to preclude
the individual from electing to become subject to subchapter III
of chapter 83 of such title pursuant to notification under
section 8331(2) of such title -
"(i) during the period after December 31, 1986, and before
July 1, 1987; or
"(ii) after December 31, 1987, if such individual has not
since become subject to subchapter III of chapter 83, or
chapter 84, of such title.
"(C) Any individual who becomes subject to subchapter III of
chapter 83 of such title pursuant to notification under section
8331(2) of such title after December 31, 1986, shall become
subject to such subchapter under the same terms and conditions as
apply in the case of an individual described in section
8402(b)(2) of such title who is subject to such subchapter.
"(c) Effective Date; Irrevocability. - An election made under
this section -
"(1) shall take effect beginning with the first pay period
beginning after the date of the election; and
"(2) shall be irrevocable.
"(d) Condition for Making an Election; Extension To Satisfy
Condition. - (1) An election under this section to become subject
to chapter 84 of title 5, United States Code, shall not be
considered effective in the case of an individual having one or
more former spouses, unless the election is made with the written
consent of such former spouse (or each such former spouse, if there
is more than one).
"(2)(A) This subsection applies with respect to a former spouse
who (based on the service of the individual involved) is entitled
to benefits under section 8341(h) or 8345(j) of title 5, United
States Code, under the terms of a decree of divorce or annulment,
or a court order or court-approved property settlement incident to
any such decree, with respect to which the Office of Personnel
Management has been duly notified.
"(B) This subsection does not apply with respect to a former
spouse who has ceased to be so entitled as a result of remarrying
before age 55.
"(3) The requirement under paragraph (1) shall be considered
satisfied with respect to a former spouse if the individual seeking
to make the election establishes to the satisfaction of the Office
(in accordance with regulations prescribed by the Office) -
"(A) that the former spouse's whereabouts cannot be determined;
or
"(B) that, due to exceptional circumstances, requiring the
individual to seek the former spouse's consent would otherwise be
inappropriate.
"(4)(A) The Office shall, upon application of an individual,
grant an extension for such individual to make an election referred
to in paragraph (1) if such individual -
"(i) files application for extension before the end of the
period during which such individual would otherwise be eligible
to make such election; and
"(ii) demonstrates to the satisfaction of the Office that the
extension is needed to secure the modification of a decree of
divorce or annulment (or a court order or court-approved property
settlement incident to any such decree) in order to satisfy the
consent requirement under paragraph (1).
"(B) An extension under this paragraph shall be for 6 months or
for such longer period as the Office considers appropriate.
"(e) Exclusions. - This section does not apply to an individual
under section 8331(1)(G) of title 5, United States Code.
"SEC. 302. EFFECT OF AN ELECTION UNDER SECTION 301 TO BECOME
SUBJECT TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
"(a) General and Special Rules. - All provisions of chapter 84 of
title 5, United States Code (including those relating to disability
benefits, survivor benefits, and any reductions to provide for
survivor benefits) shall apply with respect to any individual who
becomes subject to such chapter pursuant to an election under
section 301, except if, or to the extent that, such provisions are
inconsistent with the following:
"(1)(A) Any civilian service which is performed before the
effective date of the election under section 301 shall not be
creditable under chapter 84 of title 5, United States Code,
except as otherwise provided in this subsection.
"(B) Any service described in subparagraph (A) which is covered
service within the meaning of section 203(a)(3) of the Federal
Employees' Retirement Contribution Temporary Adjustment Act of
1983 (97 Stat. 1107; 5 U.S.C. 8331 note) (hereinafter in this
section referred to as 'covered service') shall be creditable
under chapter 84 of title 5, United States Code, if -
"(i) with respect to any such service performed before
January 1, 1987, 1.3 percent of basic pay for such service was
withheld in accordance with such Act or, if either such
withholding was not made or was made, but the amount so
withheld was subsequently refunded, 1.3 percent of basic pay
for such period is deposited to the credit of the Civil Service
Retirement and Disability Fund (hereinafter in this section
referred to as the 'Fund'), with interest (computed under
section 8334(e) of such title); and
"(ii) with respect to any such service performed after
December 31, 1986, and before the effective date of the
election, an amount equal to the percentage of basic pay for
such service which would be required to be withheld under
section 8422(a) of title 5, United States Code, has been
contributed to the Fund by the individual involved, whether by
withholdings from pay or, if either no withholding was made or
was made, but the amount withheld was subsequently refunded,
the aforementioned percentage of basic pay for such period is
deposited to the credit of the Fund, with interest (computed
under section 8334(e) of such title).
"(C) Any service described in subparagraph (A) -
"(i) which is not covered service;
"(ii) which constitutes service of a type described in
section 8411(b)(3) of title 5, United States Code (determined
without regard to whether such service was performed before,
on, or after January 1, 1989, and without regard to the
provisions of section 8411(f) of such title); and
"(iii) which, in the aggregate, is equal to less than 5
years;
shall be creditable under chapter 84 of such title, subject to
section 8411(f) of such title.
"(D) Any service described in subparagraph (A) -
"(i) which is not covered service;
"(ii) which constitutes service of a type described in
section 8411(b)(3) of title 5, United States Code (determined
without regard to whether such service was performed before,
on, or after January 1, 1989, and without regard to the
provisions of section 8411(f) of such title); and
"(iii) which, in the aggregate, is equal to 5 years or more;
shall be creditable for purposes of -
"(I) section 8410 of such title, relating to the minimum
period of civilian service required to be eligible for an
annuity;
"(II) any provision of section 8412 (other than subsection
(d) or (e) thereof), 8413, 8414, 8442(b)(1), 8443(a)(1), or
8451 of such title which relates to a minimum period of service
for entitlement to an annuity;
"(III) the provisions of paragraphs (4) and (6);
"(IV) any provision of section 8412(d) of such title which
relates to a minimum period of service for entitlement to an
annuity, but only if and to the extent that the service
described in subparagraph (A) was as a law enforcement officer
or firefighter;
"(V) any provision of section 8412(e) of such title which
relates to a minimum period of service for entitlement to an
annuity, but only if and to the extent that the service
described in subparagraph (A) was as an air traffic controller;
and
"(VI) the provision of subsection (h) of section 8415 which
relates to the minimum period of service required to qualify
for the higher accrual rate under such subsection.
"(2)(A) Except as provided in subparagraph (B), the
creditability under chapter 84 of title 5, United States Code, of
any military service which is performed before the effective date
of the election under section 301 shall be determined in
accordance with applicable provisions of such chapter.
"(B) If the electing individual has performed service described
in clauses (i) through (iii) of paragraph (1)(D), service
described in subparagraph (A) which, but for the provisions of
subsection (b), would be creditable under subchapter III of
chapter 83 of title 5, United States Code, as in effect on
December 31, 1986, shall be creditable for purposes of -
"(i) any provision of section 8412 (other than subsection (d)
or (e) thereof), 8413, or 8414 of such title which relates to a
minimum period of service for entitlement to an annuity; and
"(ii) the provisions of paragraph (4).
"(3)(A)(i) If the electing individual becomes entitled to an
annuity under subchapter II of chapter 84 of title 5, United
States Code, or dies leaving a survivor or survivors entitled to
benefits under subchapter IV of such chapter, the annuity for
such individual shall be equal to the sum of the individual's
accrued benefits under the Civil Service Retirement System (as
determined under paragraph (4)) and the individual's accrued
benefits under the Federal Employees' Retirement System (as
determined under paragraph (5)).
"(ii) An annuity computed under this subparagraph shall be
deemed to be the individual's annuity computed under section 8415
of title 5, United States Code.
"(B) If the electing individual becomes entitled to an annuity
under subchapter V of chapter 84 of title 5, United States Code,
and if it becomes necessary to compute an annuity under section
8415 of such title with respect to such individual as a result of
such individual's having become so entitled, the methodology set
forth in subparagraph (A) shall be used in computing any such
annuity under section 8415.
"(4) Accrued benefits under this paragraph shall be computed in
accordance with applicable provisions of subchapter III of
chapter 83 of title 5, United States Code (but without regard to
subsection (j) or (k), or the second sentence of subsection (e),
of section 8339 of such title) using only any civilian service
under paragraph (1)(D), and any military service under paragraph
(2)(B), which would be creditable for purposes of computing an
annuity under such subchapter. Notwithstanding the preceding
sentence, in computing accrued benefits under this paragraph for
an individual retiring under section 8412(g) or 8413(b) of title
5, United States Code, section 8339(h) of such title (relating to
reductions based on age at date of separation) shall not apply.
"(5) Accrued benefits under this paragraph shall be computed
under section 8415 of title 5, United States Code, using -
"(A) total service creditable under chapter 84 of such title
which is performed on or after the effective date of the
election under section 301; and
"(B) with respect to service performed before such effective
date -
"(i) creditable civilian service (as determined under
applicable provisions of this subsection) other than any
service described in paragraph (1)(D); and
"(ii) creditable military service (as determined under
applicable provisions of this subsection) other than any
service described in paragraph (2)(B).
"(6)(A) For purposes of any computation under paragraph (4) or
(5), the average pay to be used shall be the largest annual rate
resulting from averaging the individual's rates of basic pay in
effect over any 3 consecutive years of creditable service or, in
the case of an annuity based on service of less than 3 years,
over the total period of service so creditable, with each rate
weighted by the period it was in effect.
"(B) For purposes of subparagraph (A), service shall be
considered creditable if it would be considered creditable for
purposes of determining average pay under chapter 83 or 84 of
title 5, United States Code.
"(7) The cost-of-living adjustments for the annuity of the
electing individual shall be made as follows:
"(A) The portion of the annuity attributable to paragraph (4)
shall be adjusted at the time and in the amount provided for
under section 8340 of title 5, United States Code.
"(B) The portion of the annuity attributable to paragraph (5)
shall be adjusted at the time and in the amount provided for
under section 8462 of title 5, United States Code.
"(8) For purposes of any computation under paragraph (4) in the
case of an individual who retires under section 8412 or 8414 of
title 5, United States Code, or who dies leaving a survivor or
survivors entitled to benefits under subchapter IV of such
chapter, sick leave creditable under section 8339(m) of such
title shall be equal to the number of days of unused sick leave
to the individual's credit as of the date of retirement or as of
the effective date of the individual's election under section
301, whichever is less.
"(9) In computing the annuity under paragraph (3) for an
individual retiring under section 8412(g) or 8413(b) of title 5,
United States Code, the reduction under section 8415(g) of such
title shall apply with respect to the sum computed under such
paragraph.
"(10) An annuity supplement under section 8421 of title 5,
United States Code, shall be computed using the same service as
is used for the computation under paragraph (5).
"(11) Effective from its commencing date, an annuity payable to
an annuitant's survivor (other than a child under section 8443 of
title 5, United States Code) shall be increased by the total
percent by which the deceased annuitant's annuity was increased
under paragraph (7).
"(12)(A)(i) If the electing individual is a reemployed
annuitant under section 8344 of title 5, United States Code,
under conditions allowing the annuity to continue during
reemployment, payment of the annuitant's annuity shall continue
after the effective date of the election, and an amount equal to
the annuity allocable to the period of actual employment shall
continue to be deducted from the annuitant's pay and deposited as
provided in subsection (a) of such section. Deductions from pay
under section 8422(a) of such title and contributions under
section 8423 of such title shall begin effective on the effective
date of the election.
"(ii) Notwithstanding any provision of section 301, an election
under such section shall not be available to any reemployed
annuitant who would be excluded from the operation of chapter 84
of title 5, United States Code, under section 8402(c) of such
title (relating to exclusions based on the temporary or
intermittent nature of one's employment).
"(B) If the annuitant serves on a full-time basis for at least
1 year, or on a part-time basis for periods equivalent to at
least 1 year of full-time service, such annuitant's annuity, on
termination of reemployment, shall be increased by an annuity
computed -
"(i) with respect to reemployment service before the
effective date of the election, under section 8339(a), (b),
(d), (e), (h), (i), and (n) of title 5, United States Code, as
may apply based on the reemployment in which such annuitant was
engaged before such effective date; and
"(ii) with respect to reemployment service on or after the
effective date of the election, under section 8415(a) through
(g) of such title, as may apply based on the reemployment in
which such annuitant was engaged on or after such effective
date;
with the 'average pay' used in any computation under clause (i)
or (ii) being determined (based on rates of pay in effect during
the period of reemployment, whether before, on, or after the
effective date of the election) in the same way as provided for
in paragraph (6). If the annuitant is receiving a reduced annuity
as provided in section 8339(j) or section 8339(k)(2) of title 5,
United States Code, the increase in annuity payable under this
subparagraph is reduced by 10 percent and the survivor annuity
payable under section 8341(b) of such title is increased by 55
percent of the increase in annuity payable under this
subparagraph, unless, at the time of claiming the increase
payable under this subparagraph, the annuitant notifies the
Office of Personnel Management in writing that such annuitant
does not desire the survivor annuity to be increased. If the
annuitant dies while still reemployed, after having been
reemployed for at least 1 full year (or the equivalent thereof,
in the case of part-time employment), any survivor annuity
payable under section 8341(b) of such title based on the service
of such annuitant is increased as though the reemployment had
otherwise terminated. In applying paragraph (7) to an amount
under this subparagraph, any portion of such amount attributable
to clause (i) shall be adjusted under subparagraph (A) of such
paragraph, and any portion of such amount attributable to clause
(ii) shall be adjusted under subparagraph (B) of such paragraph.
"(C)(i) If the annuitant serves on a full-time basis for at
least 5 years, or on a part-time basis for periods equivalent to
at least 5 years of full-time service, such annuitant may elect,
instead of the benefit provided by subparagraph (B), to have such
annuitant's rights redetermined, effective upon separation from
employment. If the annuitant so elects, the redetermined annuity
will become payable as if such annuitant were retiring for the
first time based on the separation from reemployment service, and
the provisions of this section concerning computation of annuity
(other than any provision of this paragraph) shall apply.
"(ii) If the annuitant dies while still reemployed, after
having been reemployed for at least 5 full years (or the
equivalent thereof, in the case of part-time employment), any
person entitled to a survivor annuity under section 8341(b) of
title 5, United States Code, based on the service of such
annuitant shall be permitted to elect to have such person's
rights redetermined in accordance with regulations which the
Office shall prescribe. Redetermined benefits elected under this
clause shall be in lieu of any increased benefits which would
otherwise be payable in accordance with the next to last sentence
of subparagraph (B).
"(D) If the annuitant serves on a full-time basis for less than
1 year (or the equivalent thereof, in the case of part-time
employment), any amounts withheld under section 8422(a) of title
5, United States Code, from such annuitant's pay for the period
(or periods) involved shall, upon written application to the
Office, be payable to such annuitant (or the appropriate survivor
or survivors, determined in the order set forth in section
8342(c) of such title).
"(E) For purposes of determining the period of an annuitant's
reemployment service under this paragraph, a period of
reemployment service shall not be taken into account unless -
"(i) with respect to service performed before the effective
date of the election under section 301, it is service which, if
performed for at least 1 full year, would have allowed such
annuitant to elect under section 8344(a) of title 5, United
States Code, to have deductions withheld from pay; or
"(ii) with respect to service performed on or after the
effective date of the election under section 301, it is service
with respect to which deductions from pay would be required to
be withheld under the second sentence of section 8468(a) of
title 5, United States Code.
"(b) Chapter 83 Generally Inapplicable. - (1) Except as provided
in subsection (a) or paragraph (2), subchapter III of chapter 83 of
title 5, United States Code, shall not apply with respect to any
individual who becomes subject to chapter 84 of title 5, United
States Code, pursuant to an election under section 301.
"(2)(A) Nothing in paragraph (1), or in subchapter III of chapter
83 of title 5, United States Code, shall preclude the making of a
deposit under such subchapter with respect to any civilian service
under subsection (a)(1)(D) or military service under subsection
(a)(2)(B) either by the electing individual or, for purposes of
survivor annuities, by a survivor of such individual.
"(B) Nothing in paragraph (1) shall preclude the payment of any
lump-sum credit in accordance with section 8342 of title 5, United
States Code.
"(c) Refunds Relating to Certain Civilian Service. - (1) Any
individual who makes an election under section 301 to become
subject to chapter 84 and who, with respect to any period before
the effective date of the election, has made a contribution to the
Civil Service Retirement System (whether by deductions from pay or
by a deposit or redeposit) and has not taken a refund of the
contribution (as so made), shall be entitled to a refund equal to -
"(A) for a period of service under clause (i) of subsection
(a)(1)(B), the amount by which -
"(i) the amount contributed with respect to such period,
exceeds
"(ii) the amount required under such clause (i) with respect
to such period;
"(B) for a period of service under clause (ii) of subsection
(a)(1)(B), the amount by which -
"(i) the amount so contributed with respect to such period,
exceeds
"(ii) the amount required under such clause (ii) with respect
to such period; and
"(C) for a period of service under subparagraph (C) of
subsection (a)(1), the amount by which -
"(i) the amount so contributed with respect to such period,
exceeds
"(ii) the amount required under such subparagraph with
respect to such period.
"(2) In accordance with regulations prescribed by the Office of
Personnel Management, a refund under this subsection shall be
payable upon written application therefor filed with the Office and
shall include interest at the rate provided in section 8334(e)(3)
of title 5, United States Code. Interest on the refund shall accrue
monthly and shall be compounded annually.
"SEC. 303. PROVISIONS RELATING TO AN ELECTION TO BECOME SUBJECT
TO CHAPTER 83 SUBJECT TO CERTAIN OFFSETS RELATING TO SOCIAL
SECURITY.
"(a) Refund. - Any individual who makes an election under section
301(b)(1)(A) shall, upon written application to the Office of
Personnel Management, be entitled to a refund equal to -
"(1) for the period beginning on January 1, 1984, and ending on
December 31, 1986, the amount by which -
"(A) the total amount deducted from such individual's basic
pay under section 8334(a)(1) of title 5, United States Code,
for such period, exceeds
"(B) 1.3 percent of such individual's total basic pay for
such period; and
"(2) for the period beginning on January 1, 1987, and ending on
the day before the effective date of the election, the amount by
which -
"(A) the total amount deducted from such individual's basic
pay under such section 8334(a)(1) for such period, exceeds
"(B) the total amount which would have been deducted if such
individual's basic pay had instead been subject to section
8334(k) of such title during such period.
A refund under this subsection shall be computed with interest in
accordance with section 302(c)(2) and regulations prescribed by the
Office of Personnel Management.
"(b) Deposit Requirements. - (1) In the case of an individual who
becomes subject to subchapter III of chapter 83 of title 5, United
States Code, pursuant to notification as described in the second
sentence of section 301(b)(3)(B), service performed by such
individual before the effective date of the notification shall not
be considered creditable under such subchapter unless -
"(A) for any service during the period beginning on January 1,
1987, and ending on the day before such effective date, there is
deposited to the credit of the Fund a percentage of basic pay for
such period equal to the percentage which would have applied
under section 8334(k) of such title if such individual's pay had
been subject to such section during such period;
"(B) for any period of service beginning on January 1, 1984,
and ending on December 31, 1986, there is deposited to the credit
of the Fund an amount equal to 1.3 percent of basic pay for such
period; and
"(C) for any period of service before January 1, 1984, there is
deposited to the credit of the Fund any amount required with
respect to such period under such subchapter.
"(2) A deposit under this subsection may be made by the
individual or, for purposes of survivor annuities, a survivor of
such individual."
[Section 113(a)(2) of Pub. L. 100-238 provided that: "The
amendment made by paragraph (1) [amending section 301(a) of Pub. L.
99-335 set out above] shall be effective as of June 30, 1987. Any
refund which becomes payable as a result of the preceding sentence
shall, to the extent that such refund involves an individual's
contributions to the Thrift Savings Fund (established under section
8437 of title 5, United States Code), be adjusted to reflect any
earnings attributable thereto."]
[Amendment by section 134(b) of Pub. L. 100-238 to section 302(a)
of Pub. L. 99-335 applicable with respect to any election made by a
reemployed annuitant on or after Jan. 8, 1988, see section 134(d)
of Pub. L. 100-238, set out as an Effective Date of 1988 Amendment
note under section 8468 of this title.]
CONSTRUCTION OF ADJUSTMENTS IN RETIREMENT PROVISIONS MADE BY PUB.
L. 98-353
Section 117 of Pub. L. 98-353 provided that: "The adjustments in
the retirement provisions made by this Act shall not be construed
to be a 'new government retirement system' for purposes of the
Federal Employees Retirement Contribution Temporary Adjustment Act
of 1983 (Public Law 98-168) [set out below]".
ELECTION OF RETIREMENT PLAN UNDER FEDERAL EMPLOYEES' RETIREMENT
CONTRIBUTION TEMPORARY ADJUSTMENT ACT OF 1983
Pub. L. 98-369, div. B, title II, Sec. 2206, July 18, 1984, 98
Stat. 1059, provided that:
"(a) For the purposes of this section, the term 'covered
retirement system' shall have the same meaning as provided in
section 203(a)(2) of the Federal Employees' Retirement Contribution
Temporary Adjustment Act of 1983 (Public Law 98-168; 97 Stat. 1107)
[set out below].
"(b)(1) Any individual who was entitled to make an election under
section 208(a) of the Federal Employees' Retirement Contribution
Temporary Adjustment Act of 1983 (97 Stat. 1111) [set out below],
but who did not make such an election, may make an election under
such section not later than September 15, 1984.
"(2)(A) Not later than September 15, 1984, any such individual
who made an election under paragraph (1) of section 208(a) of the
Federal Employees' Retirement Contribution Temporary Adjustment Act
of 1983 [set out below] may -
"(i) make any other election which such individual was entitled
to make under such section before January 1, 1984; or
"(ii) elect to become a participant in a covered retirement
system (if such individual is otherwise eligible to participate
in such system), subject to sections 201 through 207 of such Act
[set out below].
"(B) Not later than September 15, 1984, any such individual who
made an election under paragraph (2) of section 208(a) of the
Federal Employees' Retirement Contribution Temporary Adjustment Act
of 1983 may -
"(i) make any other election which such individual was entitled
to make under such section before January 1, 1984; or
"(ii) elect to terminate participation in the covered
retirement system with respect to which such individual made the
election under such paragraph (2).
"(3) An election under this subsection shall be made by a written
application submitted to the official by whom the electing
individual is paid.
"(4) An election made as provided in this subsection shall take
effect with respect to service performed on or after the first day
of the first applicable pay period commencing after September 15,
1984.
"(c)(1) Section 8342(a)(4) of title 5, United States Code, does
not apply for the purpose of determining an entitlement to a refund
under section 208(c) of the Federal Employees' Retirement
Contribution Temporary Adjustment Act of 1983 (97 Stat. 1111) [set
out below].
"(2) Paragraph (1) shall take effect with respect to any election
made under section 208(a) of such Act or this Act before, on, or
after January 1, 1984.
"(d) Nothing in this section or the Federal Employees' Retirement
Contribution Temporary Adjustment Act of 1983 [set out below]
affects any entitlement to benefits accrued under a covered
retirement system before January 1, 1984, except to the extent that
any amount refunded under section 208(c) of such Act is not
redeposited in the applicable retirement fund."
FEDERAL EMPLOYEES' RETIREMENT CONTRIBUTION TEMPORARY ADJUSTMENT
Pub. L. 98-168, title II, Nov. 29, 1983, 97 Stat. 1106, as
amended by Pub. L. 99-190, Sec. 147, Dec. 19, 1985, 99 Stat. 1324;
Pub. L. 99-335, title III, Secs. 305(a), 309, June 6, 1986, 100
Stat. 606, 607; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095, provided that:
"SHORT TITLE
"Sec. 201. This title may be cited as the 'Federal Employees'
Retirement Contribution Temporary Adjustment Act of 1983'.
"STATEMENT OF POLICY
"Sec. 202. It is the policy of the Government -
"(1) that the amount required to be contributed to certain
public retirement systems by employees and officers of the
Government who are also required to pay employment taxes relating
to benefits under title II of the Social Security Act [42 U.S.C.
401 et seq.] for service performed after December 31, 1983, be
modified until the date on which such employees and officers are
covered by a new Government retirement system (the design,
structure, and provisions of which have not been determined on
the date of enactment of this Act [Nov. 29, 1983]) or January 1,
1987, whichever is earlier;
"(2) that the Treasury be required to pay into such retirement
systems the remainder of the amount such employees and officers
would have contributed during such period but for the temporary
modification;
"(3) that the employing agencies make contributions to the
retirement systems with respect to such service in amounts
required by law in effect before January 1, 1984, without
reduction in such amounts;
"(4) that such employees and officers accrue credit for service
for the purposes of the public retirement systems in effect on
the date of enactment of this Act [Nov. 29, 1983] until a new
Government retirement system covering such employees and officers
is established;
"(5) that, where appropriate, deposits to the credit of such a
retirement system be required with respect to service performed
by an employee or officer of the Government during the period
described in clause (1), and, where appropriate, annuities be
offset by the amount of certain social security benefits
attributable to such service; and
"(6) that such employees and officers who are first employed in
civilian service by the Government or first take office in
civilian service in the Government on or after January 1, 1984,
become subject to such new Government retirement system as may be
established for employees and officers of the Government on or
after January 1, 1984, and before January 1, 1987, with credit
for service performed after December 31, 1983, by such employees
and officers transferred to such new Government retirement
system.
"DEFINITIONS
"Sec. 203. (a) For the purposes of this title -
"(1) the term 'covered employee' means any individual whose
service is covered service;
"(2) the term 'covered retirement system' means -
"(A) the Civil Service Retirement and Disability System under
subchapter III of chapter 83 of title 5, United States Code;
"(B) the Foreign Service Retirement and Disability System
under chapter 8 of the Foreign Service Act of 1980 (22 U.S.C.
4041 et seq.);
"(C) the Central Intelligence Agency Retirement and
Disability System under the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees (50 U.S.C. 403
note); and
"(D) any other retirement system (other than a new Government
retirement system) under which a covered employee who is a
participant in the system is required to make contributions to
the system in an amount equal to a portion of the participant's
basic pay for covered service, as determined by the President;
"(3) the term 'covered service' means service which is
employment for the purposes of title II of the Social Security
Act [42 U.S.C. 401 et seq.] and chapter 21 of the Internal
Revenue Code of 1986 [26 U.S.C. 3101 et seq.] by reason of the
amendments made by section 101 of the Social Security Amendments
of 1983 (97 Stat. 67) [amending section 3121 of Title 26,
Internal Revenue Code, and sections 409 and 410 of Title 42, The
Public Health and Welfare, and enacting provisions set out as
notes under section 3121 of Title 26 and section 410 of Title
42]; and
"(4) the term 'new Government retirement system' means any
retirement system which (A) is established for officers or
employees of the Government by or pursuant to a law enacted after
December 31, 1983, and before January 1, 1987, and (B) takes
effect on or before January 1, 1987.
"(b) The President shall publish the determinations made for the
purpose of subsection (a)(2)(D) in an Executive order.
"CONTRIBUTION ADJUSTMENTS
"Sec. 204. (a) In the case of a covered employee who is
participating in a covered retirement system, an employing agency
shall deduct and withhold only 1.3 percent of the basic pay of such
employee under -
"(1) section 8334 of title 5, United States Code;
"(2) section 805 of the Foreign Service Act of 1980 (22 U.S.C.
4045);
"(3) section 211 of the Central Intelligence Agency Retirement
Act of 1964 for Certain Employees (50 U.S.C. 403 note); or
"(4) any provision of any other covered retirement system which
requires a participant in the system to make contributions of a
portion of the basic pay of the participant;
for covered service which is performed after December 31, 1983, and
before the earlier of the effective date of a new Government
retirement system or January 1, 1987. Deductions shall be made and
withheld as provided by such provisions in the case of covered
service which is performed on or after such effective date or
January 1, 1987, as the case may be, and is not subject to a new
Government retirement system.
"(b) Employing agencies of the Government shall make
contributions with respect to service to which subsection (a) of
this section applies under the second sentence of section
8334(a)(1) of title 5, United States Code, the second sentence of
section 805(a) of the Foreign Service Act of 1980 (22 U.S.C.
4045(a)), the second sentence of section 211(a) of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees
(50 U.S.C. 403 note), and any provision of any other covered
retirement system requiring a contribution by the employing agency,
as if subsection (a) of this section had not been enacted.
"REIMBURSEMENT FOR CONTRIBUTION DEFICIENCY
"Sec. 205. (a) For purposes of this section -
"(1) the term 'contribution deficiency', when used with respect
to a covered retirement system, means the excess of -
"(A) the total amount which, but for section 204(a) of this
Act, would have been deducted and withheld under a provision
referred to in such section from the pay of covered employees
participating in such retirement system for service to which
such section applies, over
"(B) the total amount which was deducted and withheld from
the pay of covered employees for such service as provided in
section 204(a) of this Act; and
"(2) the term 'appropriate agency head' means -
"(A) the Director of the Office of Personnel Management, with
respect to the Civil Service Retirement and Disability System
under subchapter III of chapter 83 of title 5, United States
Code;
"(B) the Secretary of State, with respect to the Foreign
Service Retirement and Disability System under chapter 8 of the
Foreign Service Retirement Act of 1980 (22 U.S.C. 404 et seq.)
[22 U.S.C. 4041 et seq.];
"(C) the Director of Central Intelligence, with respect to
the Central Intelligence Agency Retirement and Disability
System under the Central Intelligence Agency Retirement Act of
1964 for Certain Employees (50 U.S.C. 403 note); and
"(D) the officer designated by the President for that purpose
in the case of any retirement system described in section
203(a)(2)(D) of this Act.
"(b) At the end of each of fiscal years 1984, 1985, 1986, and
1987, the appropriate agency head -
"(1) shall determine the amount of the contribution deficiency
for such fiscal year in the case of each covered retirement
system, including the interest that those contributions would
have earned had they been credited to the fund established for
the payment of benefits under such retirement system in the same
manner and at the same time as deductions under the applicable
provision of law referred to in section 204(a) of this Act; and
"(2) shall notify the Secretary of the Treasury of the amount
of the contribution deficiency in each such case.
"(c) Before closing the accounts for each of fiscal years 1984,
1985, 1986, and 1987, the Secretary of the Treasury shall credit to
the fund established for the payment of benefits under each covered
retirement system, as a Government contribution, out of any money
in the Treasury not otherwise appropriated, an amount equal to the
amount determined under subsection (b) with respect to that covered
retirement system for the fiscal year involved.
"(d) Amounts credited to a fund under subsection (c) shall be
accounted for separately than amounts credited to such fund under
any other provision of law.
"SPECIAL DEPOSIT AND OFFSET RULES RELATING TO RETIREMENT BENEFITS
FOR INTERIM COVERED SERVICE
"Sec. 206. (a) For the purposes of this section, the term
'interim covered service' means covered service to which section
204(a) applies.
"(b)(1) Paragraphs (2) and (3) apply according to the provisions
thereof only with respect to a covered employee who is employed by
the Government on December 31, 1983.
"(2)(A) Notwithstanding any other provision of law, the interim
covered service of such covered employee shall be considered -
"(i) in determining entitlement to and computing the amount of
an annuity (other than a disability or survivor annuity)
commencing under a covered retirement system during the period
beginning January 1, 1984, and ending on the earlier of the date
a new Government retirement system takes effect or January 1,
1987, by reason of the retirement of such covered employee during
such period only if such covered employee makes a deposit to the
credit of such covered retirement system for such covered service
in an amount computed as provided in subsection (f); and
"(ii) in computing a disability or survivor annuity which
commences under a covered retirement system during such period
and is based in any part on such interim covered service.
"(B) Notwithstanding any other provision of law, an annuity to
which subparagraph (A)(ii) applies shall be reduced by the portion
of the amount of any benefits which is payable under title II of
the Social Security Act [42 U.S.C. 401 et seq.] and is attributable
to the interim covered service considered in computing the amount
of such annuity, as determined under subsection (g), unless, in the
case of a survivor annuity, a covered employee has made a deposit
with respect to such covered service for the purposes of
subparagraph (A)(i) before the date on which payment of such
annuity commences.
"(3) Notwithstanding any other provision of law, if a new
Government retirement system is not established or is inapplicable
to such a covered employee who retires or dies subject to a covered
retirement system after the date on which such new Government
retirement system takes effect, the interim covered service of such
covered employee shall be considered in determining entitlement to
and computing the amount of an annuity under a covered retirement
system based on the service of such covered employee only if such
covered employee makes a deposit to the credit of such covered
retirement system for such covered service in an amount computed as
provided in subsection (f).
"(c)(1) Paragraphs (2) and (3) apply according to the provisions
thereof only with respect to a covered employee who was not
employed by the Government on December 31, 1983.
"(2) Notwithstanding any other provision of law, any annuity
which commences under a covered retirement system during the period
described in subsection (b)(2)(A)(i) and is based, in any part, on
interim covered service shall be reduced by the portion of the
amount of any benefits which is payable under title II of the
Social Security Act [42 U.S.C. 401 et seq.] to the annuitant and is
attributable to such service, as determined under subsection (g).
"(3) Notwithstanding any other provision of law, if a new
Government retirement system is not established, the interim
covered service of such a covered employee who retires or dies
after January 1, 1987, shall be considered in determining
entitlement to and computing the amount of an annuity under a
covered retirement system based on the service of such covered
employee only if such covered employee makes a deposit to the
credit of such covered retirement system for such covered service
in an amount computed as provided in subsection (f).
"(d) If a covered employee with respect to whom subsection (b)(3)
or (c)(3) applies dies without having made a deposit pursuant to
such subsection, any individual who is entitled to an annuity under
a covered retirement system based on the service of such covered
employee or who would be entitled to such an annuity if such
deposit had been made by the covered employee before death may make
such deposit after the date of death of such covered employee.
Service covered by a deposit made pursuant to the first sentence
shall be considered in determining, in the case of each individual
to whom the first sentence applies, the entitlement to and the
amount of an annuity under a covered retirement system based on the
service of such covered employee.
"(e) A reduction in annuity under subsection (b)(2)(B) or (c)(2)
shall commence on the first day of the first month after the date
on which payment of benefits under title II of the Social Security
Act [42 U.S.C. 401 et seq.] commence and shall be redetermined each
time an increase in such benefits takes effect pursuant to section
215(i) of the Social Security Act [42 U.S.C. 415(i)]. In the case
of an annuity of a participant or former participant in a covered
retirement system, of a surviving spouse or child of such
participant or former participant, or of any other person
designated by such participant or former participant to receive an
annuity, under a covered retirement system (other than a former
spouse) the reduction in annuity under subsection (b)(2)(B) or
(c)(2) shall be calculated before any reduction in such annuity
provided under such system for the purpose of paying an annuity
under such system to any former spouse of such participant or
former participant based on the service of such participant or
former participant.
"(f) For the purposes of subsection (b) or (c), the amount of a
deposit to the credit of the applicable covered retirement system
shall be equal to the excess of -
"(1) the total amount which would have been deducted and
withheld from the basic pay of the covered employee for the
interim covered service under such covered retirement system but
for the application of section 204(a), over
"(2) the amount which was deducted and withheld from such basic
pay for such interim covered service pursuant to section 204(a)
and was not refunded to such covered employee.
"(g) For the purpose of subsections (b)(2)(B) and (c)(2), the
portion of the amount of the benefits which is payable under title
II of the Social Security Act [42 U.S.C. 401 et seq.] to an
individual and is attributable to interim covered service shall be
determined by -
"(1) computing the amount of such benefits including credit for
such service;
"(2) computing the amount of such benefits, if any, without
including credit for such service; and
"(3) subtracting the amount computed under clause (2) from the
amount computed under clause (1).
"(h) The Secretary of Health and Human Services shall furnish to
the appropriate agency head (as defined in section 205(a)(2)) such
information as such agency head considers necessary to carry out
this section.
"TRANSFER OF CREDIT TO NEW RETIREMENT SYSTEM
"Sec. 207. [Repealed. Pub. L. 99-335, title III, Sec. 309, June
6, 1986, 100 Stat. 607]
"Sec. 208. (a) Any individual performing service of a type
referred to in clause (i), (ii), (iii), or (iv) of section
210(a)(5) of the Social Security Act [42 U.S.C. 410(a)(5)(i)-(iv)]
beginning on or before December 31, 1983, may -
"(1) if such individual is then currently a participant in a
covered retirement system, elect by written application submitted
before January 1, 1984 -
"(A) to terminate participation in such system, effective
after December 31, 1983; or
"(B) to remain under such system, as if the preceding
sections of this Act [probably means this 'title'] and the
amendments made by this Act had not been enacted; or
"(2) if such individual is then currently not a participant in
a covered retirement system, elect by written application -
"(A) to become a participant under such system (if such
individual is otherwise eligible to participate in the system),
subject to the preceding sections of this Act [probably means
this 'title'] and the amendments made by this Act; or
"(B) to become a participant under such system (if such
individual is otherwise eligible to participate in the system),
as if the preceding sections of this Act and the amendments
made by this Act had not been enacted.
"(b) An application by an individual under subsection (a) shall
be submitted to the official by whom such covered employee is paid.
"(c) Any individual who elects to terminate participation in a
covered retirement system under subsection (a)(1)(A) is entitled to
have such individual's contributions to the retirement system
refunded, in accordance with applicable provisions of law, as if
such individual had separated from service as of the effective date
of the election.
"(d) Any individual who is eligible to make an election under
subparagraph (A) or (B) of subsection (a)(1), but who does not make
an election under either such subparagraph, shall be subject to the
preceding sections of this Act [probably means this 'title'] and
the amendments made by this Act."
[Amendment to section 206(c)(3) of Pub. L. 98-168 by section
305(a)(1) of Pub. L. 99-335 directing the substitution of "January
1, 1987" for "January 1, 1986" has been executed by substituting
"January 1, 1987" for "April 30, 1986" to reflect the probable
intent of Congress.]
[Section 305(b) of Pub. L. 99-335 provided that:
"(1) The amendments made by subsection (a) [amending Pub. L. 98-
168 set out above] shall be effective as of May 1, 1986.
"(2) Any refund payable to an individual as a result of paragraph
(1) shall be paid out of funds of the appropriate retirement
system.
"(3) For purposes of this subsection, the term 'retirement
system' means a covered retirement system as defined by section
203(a)(2) of the Federal Employees' Retirement Contribution
Temporary Adjustment Act of 1983 (97 Stat. 1107; 5 U.S.C. 8331
note)."]
[Reference to the Director of Central Intelligence or the
Director of the Central Intelligence Agency in the Director's
capacity as the head of the intelligence community deemed to be a
reference to the Director of National Intelligence. Reference to
the Director of Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of the
Central Intelligence Agency deemed to be a reference to the
Director of the Central Intelligence Agency. See section 1081(a),
(b) of Pub. L. 108-458, set out as a note under section 401 of
Title 50, War and National Defense.]
[The Central Intelligence Agency Retirement Act of 1964 for
Certain Employees, referred to in Pub. L. 98-168, set out above, is
Pub. L. 88-643, Oct. 13, 1964, 78 Stat. 1043, which was revised
generally by Pub. L. 102-496, title VIII, Sec. 802, Oct. 24, 1992,
106 Stat. 3196, is known as the Central Intelligence Agency
Retirement Act and is classified generally to chapter 38 (Sec. 2001
et seq.) of Title 50, War and National Defense.]
CANAL ZONE GOVERNMENT AND PANAMA CANAL COMPANY EMPLOYEES
Section 13 of Pub. L. 85-550, July 25, 1958, 72 Stat. 410, as
amended by Pub. L. 87-845, Sec. 2, Oct. 18, 1962, 76A Stat. 697,
provided that:
"(a) Effective on and after the first day of the first pay period
which begins in the third calendar month following the calendar
month in which this Act is enacted [July 1958] -
"The Act of July 8, 1937 (50 Stat. 478; 68 Stat. 17; Public
Numbered 191, Seventy-fifth Congress; Public Law 299, Eighty-
third Congress), shall apply only with respect to those
individuals within the classes of individuals subject to such Act
of July 8, 1937, whose employment shall have been terminated,
prior to such first day of such first pay period, in the manner
provided by the first section of such Act; and
"(b) On or before the first day of the first pay period which
begins in the third calendar month following the calendar month in
which this Act is enacted [July 1958], the Panama Canal Company
shall pay, as an agency contribution, into the civil service
retirement and disability fund created by the Act of May 22, 1920,
for each individual -
"(1) who is employed, on such first day of such first pay
period, by the Canal Zone Government or by the Panama Canal
Company, and
"(2) who, by reason of the enactment of this section and the
operation of the Civil Service Retirement Act (5 U.S.C. 2251-
2267) [this subchapter], is subject to such Act on and after
such first day of such first pay period,
for service performed by such individual in the employment of -
"(A) the Panama Railroad Company during the period which began
on June 29, 1948, and ended on June 30, 1951, or
"(B) the Panama Canal (former independent agency), the Canal
Zone Government, or the Panama Canal Company during the period
which began on July 1, 1951, and which ends immediately prior to
such first day of such first pay period,
an amount equal to the aggregate amount which such individual would
have been required to contribute for retirement purposes if he had
been subject to the Civil Service Retirement Act during such
periods of service.
"(c) Nothing contained in this section shall affect -
"(1) the rights of any individual existing immediately prior to
such first day of such first pay period above specified, or
"(2) the continuing obligations of the Canal Zone Government
and the Panama Canal Company under section 4(a) of the Civil
Service Retirement Act (5 U.S.C. 2254(a)) [section 8334(a) of
this title], to reimburse the civil service retirement and
disability fund for Government contributions to such fund
covering service performed, on or after such first day of such
first pay period above specified, by the employees concerned."
MEMBERS OF CIVILIAN FACULTIES OF UNITED STATES NAVAL ACADEMY AND
UNITED STATES NAVAL POSTGRADUATE SCHOOL
Section 402 of act July 31, 1956, ch. 804, title IV, 70 Stat.
760, provided that:
"(a) On and after the effective date of this title [on the first
day of the first month beginning more than sixty days after July
31, 1956] persons employed as members of the civilian faculties of
the United States Naval Academy and the United States Naval
Postgraduate School shall be included within the terms of the Civil
Service Retirement Act [this subchapter], and on and after that
date the Act of January 16, 1936 (49 Stat. 1092), as amended
[covered by section 7081 et seq. of Title 10, Armed Forces] shall
not apply to such persons.
"(b) In lieu of the deposit prescribed by section 4(c) of the
Civil Service Retirement Act [section 8334(c) of this title] an
employee who by virtue of subsection (a) is included within the
terms of such Act [this subchapter] shall deposit, for service
rendered prior to the effective date of this title as a member of
the civilian faculty of the United States Naval Academy or of the
United States Naval Postgraduate School, a sum equal to so much of
the repurchase price of his annuity policy carried as required by
the Act of January 16, 1936, as amended [covered by section 7081 et
seq. of Title 10, Armed Forces], as is based on the monthly
allotments which were registered with the Navy Allotment Office
toward the purchase of that annuity, the deposit to be made within
six months after the effective date of this title. Should the
deposit not be made within that period no credit shall be allowed
under the Civil Service Retirement Act [this subchapter] for
service rendered as a member of the civilian faculty of the United
States Naval Academy or of the United States Naval Postgraduate
School subsequent to July 31, 1920, and prior to the effective date
of this title. If the deposit is made, such service shall be held
and considered to be service during which the employee was subject
to the Civil Service Retirement Act [this subchapter]."
EX. ORD. NO. 12461. DESIGNATION AS A FEDERAL RETIREMENT SYSTEM
Ex. Ord. No. 12461, Feb. 17, 1984, 49 F.R. 6471, provided:
By the authority vested in me as President by the Federal
Employees' Retirement Contribution Temporary Adjustment Act of 1983
(title II of Public Law 98-168) ("the Act") [set out as a note
above], it is hereby ordered as follows:
Section 1. The District of Columbia Police and Firefighters'
Retirement and Disability System, insofar as it applies to Federal
employees who are covered under section 203(a)(1) of the Act [set
out as a note above], is designated a covered retirement system
under section 203(a)(2)(D) of the Act. The Secretary of the
Treasury is designated the appropriate agency head with respect to
such system, under section 205(a)(2)(D) of the Act [set out as a
note above]. In discharging the responsibilities delegated by this
Order, the Secretary shall be guided by the information and
recommendations provided by the Mayor of the District of Columbia.
Sec. 2. This Order shall be effective as of January 1, 1984.
Ronald Reagan.
(!1) So in original. Probably should be followed by a comma.
(!2) So in original. Two pars. (29) have been enacted.