[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4568 Introduced in House (IH)]
105th CONGRESS
2d Session
H. R. 4568
To make technical and clarifying amendments to the provisions of the
National Capital Revitalization and Self-Government Improvement Act of
1997 relating to the reform of certain District of Columbia retirement
programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 1998
Mr. Davis of Virginia introduced the following bill; which was referred
to the Committee on Government Reform and Oversight, and in addition to
the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To make technical and clarifying amendments to the provisions of the
National Capital Revitalization and Self-Government Improvement Act of
1997 relating to the reform of certain District of Columbia retirement
programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Retirement
Reform Technical Corrections Act of 1998''.
SEC. 2. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO DISTRICT OF
COLUMBIA RETIREMENT FUNDS.
(a) Permitting Other Federal Entities to Administer Program.--
Section 11003 of the Balanced Budget Act of 1997 (DC Code, sec. 1-
761.2) is amended--
(1) in paragraph (1), by inserting ``, and includes any
agreement with a department, agency, or instrumentality of the
United States entered into under that section'' after ``the
Trustee''; and
(2) in paragraph (10), by striking ``, partnership, joint
venture, corporation, mutual company, joint-stock company,
trust, estate, unincorporated organization, association, or
employee organization'' and inserting ``; partnership; joint
venture; corporation; mutual company; joint-stock company;
trust; estate; unincorporated organization; association;
employee organization; or department, agency, or
instrumentality of the United States''.
(b) Permitting Waiver of Recovery of Amounts Paid in Error.--
Section 11021(3) of such Act (DC Code, sec. 1-763.1(3)) is amended by
inserting ``, or waive recoupment or recovery of,'' after ``recover''.
(c) Permitting Use of Trust Fund To Cover Administrative
Expenses.--Section 11032 of such Act (DC Code, sec. 1-764.2) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Amounts in the Trust Fund shall be used--
``(1) to make Federal benefit payments under this subtitle;
``(2) subject to subsection (b)(1), to cover the reasonable
and necessary expenses of administering the Trust Fund under
the contract entered into pursuant to section 11035(b);
``(3) to cover the reasonable and necessary administrative
expenses incurred by the Secretary in carrying out the
Secretary's responsibilities under this subtitle; and
``(4) for such other purposes as are specified in this
subtitle.''; and
(2) in subsection (b)(2), by inserting ``(including
expenses described in section 11041(b))'' after ``to administer
the Trust Fund''.
(d) Promoting Flexibility in Administration of Program.--Section
11035 of such Act (DC Code, sec. 1-764.5) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Subcontracts.--Notwithstanding any provision of a District
Retirement Program or any other law, rule, or regulation, the Trustee
may, with the approval of the Secretary, enter into one or more
subcontracts with the District Government or any person to provide
services to the Trustee in connection with its performance of the
contract. The Trustee shall monitor the performance of any such
subcontract and enforce its provisions.
``(d) Determination by the Secretary.--Notwithstanding subsection
(b) or any other provision of this subtitle, the Secretary may
determine, with respect to any function otherwise to be performed by
the Trustee, that in the interest of economy and efficiency such
function shall be performed by the Secretary rather than the
Trustee.''.
(e) Process for Reimbursement of District Government for Expenses
of Interim Administration.--Section 11041 of such Act (DC Code, sec. 1-
765.1) is amended--
(1) in subsection (b), by striking ``The Trustee shall''
and inserting ``The Secretary or the Trustee shall, at such
times during or after the period of interim administration
described in subsection (a) as are deemed appropriate by the
Secretary or the Trustee'';
(2) in subsection (b)(1), by inserting ``the Secretary or''
after ``if''; and
(3) in subsection (c), by striking ``the replacement plan
adoption date'' and inserting ``such time as the Secretary
notifies the District Government that the Secretary has
directed the Trustee to carry out the duties and
responsibilities required under the contract''.
(f) Annual Federal Payment Into Federal Supplemental Fund.--Section
11053 of such Act (DC Code, sec. 1-766.3) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Annual Amortization Amount.--At the end of each applicable
fiscal year the Secretary shall promptly pay into the Federal
Supplemental Fund from the General Fund of the Treasury an amount equal
to the annual amortization amount for the year (which may not be less
than zero).'';
(2) in subsection (b), by striking ``freeze date'' and
inserting ``effective date of this Act'';
(3) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Administrative Expenses.--During each applicable fiscal year,
the Secretary shall pay into the Federal Supplemental Fund from the
General Fund of the Treasury amounts not to exceed the covered
administrative expenses for the year.''.
(g) Technical Corrections.--(1) Section 11012(c) of such Act (DC
Code, sec. 1-752.2(c)) is amended by striking ``District of Columbia
Retirement Board'' and inserting ``District Government''.
(2) Section 11033(c)(1) of such Act (DC Code, sec. 1-764.3(c)(1))
is amended by striking ``consisting'' in the first place that it
appears.
(3) Section 11052 of such Act (DC Code, sec. 1-766.2) is amended by
inserting ``to'' after ``may be made only''.
SEC. 3. CLARIFYING TREATMENT OF DISTRICT OF COLUMBIA EMPLOYEES
TRANSFERRED TO FEDERAL RETIREMENT SYSTEMS.
(a) Eligibility of Nonjudicial Employees of District of Columbia
Courts for Medicare and Social Security Benefits.--Section 11246(b) of
the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 755) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Conforming amendments to internal revenue code and
social security.--(A) Section 3121(b)(7)(C) of the Internal
Revenue Code of 1986 (relating to the definition of employment
for service performed in the employ of the District of
Columbia) is amended by inserting `(other than the Federal
Employees Retirement System provided in chapter 84 of title 5,
United States Code)' after `law of the United States'.
``(B) Section 210(a)(7)(D) of the Social Security Act (42
U.S.C. 410(a)(7)(D)) (relating to the definition of employment
for service performed in the employ of the District of
Columbia), is amended by inserting `(other than the Federal
Employees Retirement System provided in chapter 84 of title 5,
United States Code)' after `law of the United States'.''.
(b) Vesting Under Previous District of Columbia Retirement
Program.--For purposes of vesting pursuant to section 2610(b) of the
District of Columbia Government Comprehensive Merit Personnel Act of
1978 (DC Code, sec. 1-627.10(b)), creditable service with the District
for employees whose participation in the District Defined Contribution
Plan ceases as a result of the implementation of the Balanced Budget
Act of 1997 shall include--
(1) continuous service performed by nonjudicial employees
of the District of Columbia courts after September 30, 1997;
and
(2) service performed for a successor employer, including
the Department of Justice or the District of Columbia Offender
Supervision, Defender, and Courts Services Agency established
under section 11233 of the Balanced Budget Act of 1997, that
provides services previously performed by the District
government.
SEC. 4. METHODOLOGY FOR DESIGNATING ASSETS OF RETIREMENT FUND.
Section 11033 of the Balanced Budget Act of 1997 (DC Code, sec. 1-
764.3) is amended by adding at the end the following new subsection:
``(e) Methodology for Designating Assets.--
``(1) In general.--In carrying out subsection (b), the
Secretary may develop and implement a methodology for
designating assets after the replacement plan adoption date that takes
into account the value of the District Retirement Fund as of the
replacement plan adoption date and the proportion of such value
represented by $1.275 billion, together with the income (including
returns on investments) earned on the assets of and withdrawals from
and deposits to the Fund during the period between such date and the
date on which the Secretary designates assets under subsection (b). In
implementing a methodology under the previous sentence, the Secretary
shall not be required to determine the value of designated assets as of
the replacement plan adoption date. Nothing in this paragraph may be
deemed to effect the entitlement of the District Retirement Fund to
income (including returns on investments) earned after the replacement
plan adoption date on assets designated for retention by the Fund.
``(2) Employee contributions; judicial retirement and
survivors annuity fund.--The Secretary may develop and
implement a methodology comparable to the methodology described
in paragraph (1) in carrying out the requirements of subsection
(c) and in designating assets to be transferred to the District
of Columbia Judicial Retirement and Survivors Annuity Fund
pursuant to section 124(c)(1) of the District of Columbia
Retirement Reform Act (as amended by section 11252).
``(3) Discretion of the secretary.--The Secretary's
development and implementation of methodologies for designating
assets under this subsection shall be final and binding.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect as
if included in the enactment of title XI of the Balanced Budget Act of
1997.
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