[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1287 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1287

To amend chapters 83 and 84 of title 5, United States Code, to provide 
that Federal employees who are erroneously covered by the Civil Service 
 Retirement System may elect to continue such coverage or transfer to 
 coverage under the Federal Employees Retirement System, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 29 (legislative day, September 25), 1995

   Mr. Leahy introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend chapters 83 and 84 of title 5, United States Code, to provide 
that Federal employees who are erroneously covered by the Civil Service 
 Retirement System may elect to continue such coverage or transfer to 
 coverage under the Federal Employees Retirement System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ELECTION OF FEDERAL RETIREMENT COVERAGE BY EMPLOYEES 
              ERRONEOUSLY COVERED BY THE CIVIL SERVICE RETIREMENT 
              SYSTEM.

    (a) Civil Service Retirement System.--(1) Section 8331(1)(x) of 
title 5, United States Code, is amended by inserting before the 
semicolon ``, except an employee who elects to be covered under this 
chapter in accordance with section 8347(r)''.
    (2) Section 8347 of title 5, United States Code, is amended by 
adding at the end thereof the following new subsection:
    ``(r)(1) This subsection shall apply to any employee who--
            ``(A) is subject to coverage under chapter 84; and
            ``(B) notwithstanding subparagraph (A), is covered under 
        this chapter as a result of an administrative error of an 
        employing agency or the Office of Personnel Management, through 
        no fault of the employee.
    ``(2)(A) No later than 180 days after the date on which an employee 
described under paragraph (1) receives notice of such administrative 
error, such employee may elect to--
            ``(i) continue coverage under this chapter; or
            ``(ii) be subject to coverage under chapter 84, subject to 
        regulations prescribed under paragraph (3).
    ``(B) An election under subparagraph (A) shall be irrevocable. An 
employee who fails to make an election under subparagraph (A) shall be 
subject to coverage under chapter 84, subject to regulations prescribed 
under paragraph (3).
    ``(3) The Office of Personnel Management shall prescribe 
regulations to carry out this subsection.''.
    (b) Federal Employees Retirement System; Exclusions.--Section 
8402(b) of title 5, United States Code, is amended--
            (1) in paragraph (1) by striking out ``or'' after the 
        semicolon;
            (2) in paragraph (2) by striking out the period at the end 
        thereof and inserting in lieu thereof a semicolon and ``or''; 
        and
            (3) by adding after paragraph (2) the following new 
        paragraph:
            ``(3) any employee who elects to continue coverage under 
        chapter 83 in accordance with section 8347(r).''.
    (c) Open Enrollment Period.--(1) During the 180-day period 
beginning on the date of the enactment of this Act, the Office of 
Personnel Management shall conduct a period of open enrollment under 
section 8347(r) of title 5, United States Code (as added by subsection 
(a) of this section).
    (2) In addition to any employee to whom section 8347(r) of title 5, 
United States Code, applies, an employee may make an election during 
the period of open enrollment under paragraph (1), if such employee--
            (A) on the date of the enactment of this Act is 
        participating under the Federal Employees Retirement System 
        under subchapter II of chapter 84 of title 5, United States 
        Code; and
            (B) during any period before the date of the enactment of 
        this Act was covered under chapter 83 of title 5, United States 
        Code, as a result of an administrative error of an employing 
        agency or the Office of Personnel Management through no fault 
        of the employee.
    (d) Regulations.--The regulations prescribed under section 
8347(r)(3) of title 5, United States Code (as added by subsection (a) 
of this section) shall--
            (1) provide that an employee may not have periods of 
        simultaneous coverage under subchapter III of chapter 83 of 
        title 5, United States Code, and subchapter II of chapter 84 of 
        such title; and
            (2) include requirements similar to the applicable 
        requirements under title III of the Federal Employees 
        Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 
        599; 5 U.S.C. 8331 note) including requirements relating to--
                    (A) the interest of a spouse or former spouse under 
                section 301(d) of such Act;
                    (B) withholdings, deposits, interest, and refunds 
                under section 302 of such Act; and
                    (C) social security offsets under section 303 of 
                such Act.
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