[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2686 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2686

 To amend subchapter III of chapter 83 of title 5, United States Code, 
  to make service performed as an employee of a nonappropriated fund 
 instrumentality after 1965 and before 1987 creditable for retirement 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1999

Mr. Davis of Virginia introduced the following bill; which was referred 
                 to the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
 To amend subchapter III of chapter 83 of title 5, United States Code, 
  to make service performed as an employee of a nonappropriated fund 
 instrumentality after 1965 and before 1987 creditable for retirement 
                               purposes.

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

SECTION 1. CREDITABILITY OF SERVICE.

    Section 8332 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(o)(1) Upon application to the Office of Personnel Management, 
any employee or Member shall be allowed credit for service performed, 
after December 31, 1965, and before January 1, 1987, as an employee 
described in section 2105(c), but only if that individual has completed 
or thereafter completes at least 5 years of creditable civilian service 
under this section (exclusive of service for which credit is allowed 
under this subsection).
    ``(2)(A) Except as provided in subparagraph (C), credit for a 
period of service shall not be allowed under this subsection unless the 
employee or Member deposits to the credit of the Fund an amount equal 
to the deductions from pay which would have been required under section 
8334 with respect to such service if such employee or Member had been 
subject to this subchapter at the time of performing such service.
    ``(B) An employee or Member who makes the deposit shall be allowed 
full retirement credit for the period or periods of service involved. 
If the employee or Member dies, a survivor as defined by section 
8331(10) may make the deposit.
    ``(C) If the deposit is not made in full, retirement credit shall 
be allowed, but the annuity shall be reduced in a manner similar to 
that described in section 8418(b). In no event shall the resulting 
annuity be less than would be the case if this subsection had not been 
enacted.
    ``(3) The Office shall accept the certification of the head of the 
relevant nonappropriated fund instrumentality of the United States 
concerning the service of, and the amount of compensation received by, 
an employee or Member with respect to which credit is sought under this 
subsection.
    ``(4) An individual receiving credit for service for any period 
under this subsection shall not be granted credit for such service 
under any retirement system for employees of a nonappropriated fund 
instrumentality.
    ``(5) The Office shall prescribe regulations for the application of 
this subsection in the case of an employee or Member (within the 
meaning of chapter 84) who, upon separation, would otherwise be 
entitled to an annuity that is partially computed under this subchapter 
(determined disregarding service for which credit is allowed under this 
subsection) or a survivor of such an employee or Member.
    ``(6) An application under this subsection may be submitted no 
later than 2 years after the effective date of regulations which the 
Office shall prescribe to carry out this subsection.''.

SEC. 2. APPLICABILITY TO ANNUITANTS AND DEFERRED ANNUITANTS.

    (a) In General.--An annuity or survivor annuity based on the 
service of an individual who performed service creditable under section 
8332(o) of title 5, United States Code (as amended by this Act) shall, 
upon application to the Office of Personnel Management, be recomputed 
in accordance with such section 8332(o).
    (b) Actuarial Reduction.--Notwithstanding any other provision of 
this Act, no deposit under section 8332(o) of title 5, United States 
Code (as amended by this Act) shall be permitted or required under this 
section, and any recomputation under this section shall reflect the 
appropriate actuarial reduction.
    (c) Prospective Effect.--Any recomputation under this section shall 
apply with respect to benefits for months beginning later than 30 days 
after the date on which application for such recomputation is received 
by the Office.
    (d) Same Deadline.--An application under this section shall not be 
accepted after the end of the 2-year period referred to in section 
8332(o)(6) of title 5, United States Code (as amended by this Act).

SEC. 3. NOTIFICATION AND ASSISTANCE.

    (a) Notification.--The Office of Personnel Management shall take 
such measures as it considers appropriate to inform individuals 
entitled to have any service credited under section 8332(o) of title 5, 
United States Code (as amended by this Act), or to have any amounts 
recomputed under section 2, of their entitlement to such credit or 
recomputation.
    (b) Assistance From the Office of Personnel Management.--The Office 
of Personnel Management shall, on request, assist any individual 
referred to in subsection (a) in obtaining from any department, agency, 
or other instrumentality of the United States such information 
possessed by such instrumentality as may be necessary to verify the 
entitlement of such individual to have any service credited under 
section 8332(o) of title 5, United States Code (as amended by this Act) 
or to have any amounts recomputed under section 2.
    (c) Assistance From Other Agencies.--Any department, agency, or 
other instrumentality of the United States which possesses any 
information with respect to any service of an individual described in 
section 8332(o) of title 5, United States Code (as amended by this Act) 
shall--
            (1) at the request of such individual (or an appropriate 
        survivor), furnish such information to that individual (or 
        survivor); and
            (2) at the request of the Office of Personnel Management, 
        furnish such information to the Office.
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