[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1496 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1496
To allow credit under the Federal Employees' Retirement System for
certain Government service which was performed abroad after December
31, 1988, and before May 24, 1998.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. Moran of Virginia (for himself and Mr. Wynn) introduced the
following bill; which was referred to the Committee on Government
Reform
_______________________________________________________________________
A BILL
To allow credit under the Federal Employees' Retirement System for
certain Government service which was performed abroad after December
31, 1988, and before May 24, 1998.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED
ABROAD.
Subject to section 2(a), credit under chapter 84 of title 5, United
States Code, shall be allowed for any service performed by an
individual if or to the extent that--
(1) it was performed by such individual--
(A) after December 31, 1988, and before May 24,
1998;
(B) at a United States diplomatic mission, consular
mission (other than a consular agency), or other
Foreign Service post abroad; and
(C) under a temporary appointment pursuant to
sections 309 and 311 of the Foreign Service Act of 1980
(22 U.S.C. 3949 and 3951);
(2) at the time of performing such service, such individual
would have satisfied all eligibility requirements under
regulations of the Department of State (as in effect on the
date of the enactment of this Act) for a family member limited
noncareer appointment (within the meaning of such regulations,
as in effect on such date of enactment), except that, in
applying this paragraph, an individual not employed by the
Department of State while performing such service shall be
treated as if then so employed;
(3) such service would have been creditable under section
8411(b)(3) of such title 5 if--
(A) it had been performed before January 1, 1989;
and
(B) the deposit requirements of section 8411(f) of
such title 5 had been met with respect to such service;
(4) such service would not otherwise be creditable under
the Federal Employees' Retirement System or any other
retirement system for employees of the United States Government
(disregarding title II of the Social Security Act); and
(5) the total amount of service performed by such
individual (satisfying paragraphs (1) through (4)) is not less
than 90 days.
SEC. 2. REQUIREMENTS.
(a) Requirements of the Individual.--In order to receive credit
under chapter 84 of title 5, United States Code, for any service
described in section 1, the individual who performed such service (or,
if deceased, any person who is or would be eligible for a survivor
annuity under the Federal Employees' Retirement System based on the
service of such individual)--
(1) shall file a written application with the Office of
Personnel Management no later than 36 months after the
effective date of the regulations prescribed to carry out this
Act (as specified in those regulations); and
(2) shall remit to the Office (for deposit in the Treasury
of the United States to the credit of the Civil Service
Retirement and Disability Fund) the total amount that, under
section 8422 of such title 5, should have been deducted from
the basic pay of such individual for such service if such
service had then been creditable under such chapter 84.
(b) Government Contributions.--
(1) In general.--In addition to any other payment that it
is required to make under chapter 84 of title 5, United States
Code, a department, agency, or other instrumentality of the
United States shall remit to the Office of Personnel Management
(for deposit in the Treasury of the United States to the credit
of the Fund) the amount described in paragraph (2).
(2) Amount described.--The amount described in this
paragraph is, with respect to a remittance under subsection
(a), the total amount of Government contributions that would,
under section 8423 of title 5, United States Code, have been
required of the instrumentality involved (to the extent that it
was the employing entity during the period of service to which
such remittance relates) in connection with such service.
(3) Special rule.--If an amount cannot be remitted under
this subsection because an instrumentality has ceased to exist,
such amount shall instead be treated as part of the
supplemental liability referred to in section 8423(b)(1)(A) or
(B) of title 5, United States Code (whichever would be
appropriate).
(c) Related Requirements.--Any remittance under subsection (a) or
(b)--
(1) shall be made in such time, form, and manner as the
Office of Personnel Management may by regulation require; and
(2) shall be computed with interest (in accordance with
section 8334(e) of title 5, United States Code, and such
requirements as the Office may by regulation prescribe).
(d) Notification and Assistance Requirements.--
(1) In general.--The Office of Personnel Management shall
take such action as may be necessary and appropriate to inform
individuals entitled to have any service credited under this
Act, or to have any annuity computed or recomputed under this
Act, of their entitlement to such credit, computation, or
recomputation.
(2) Assistance to individuals.--The Office shall, on
request, assist any individual referred to in paragraph (1) in
obtaining from any department, agency, or other instrumentality
of the United States such information in the possession of such
instrumentality as may be necessary to verify the entitlement
of such individual to have any service credited, or to have any
annuity computed or recomputed, pursuant to this Act.
(3) Assistance from instrumentalities.--Any department,
agency, or other instrumentality of the United States which
possesses any information with respect to any service described
in section 1 shall, at the request of the Office, furnish such
information to the Office.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Civil Service Retirement and Disability
Fund'' or ``Fund'' means the Civil Service Retirement and
Disability Fund under section 8348 of title 5, United States
Code;
(2) the term ``abroad'' has the meaning given such term
under section 102 of the Foreign Service Act of 1980 (22 U.S.C.
3902);
(3) the term ``temporary appointment'' means an appointment
that is limited by its terms to a period of one year or less;
and
(4) the term ``basic pay'' has the meaning given such term
under section 8401 of title 5, United States Code.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be considered to permit or require the
making of any contributions to the Thrift Savings Fund that would not
otherwise have been permitted or required had this Act not been
enacted.
SEC. 5. APPLICABILITY.
(a) Annuities Commencing On or After Effective Date of Implementing
Regulations.--An annuity or survivor annuity--
(1) which is based on the service of an individual who
performed service described in section 1, and
(2) which commences on or after the effective date of the
regulations prescribed to carry out this Act (as determined
under section 2(a)(1)),
shall (subject to section 2(a)) be computed taking into account all
service described in section 1 that was performed by such individual.
(b) Annuities With Commencement Date Preceding Effective Date of
Implementing Regulations.--
(1) Recomputation cases.--An annuity or survivor annuity--
(A) which is based on the service of an individual
who performed service described in section 1, and
(B) which commences before the effective date
referred to in subsection (a)(2),
shall (subject to section 2(a)) be recomputed taking into
account all service described in section 1 that was performed
by such individual.
(2) Other cases.--An annuity or survivor annuity--
(A) which is based on the service of an individual
who performed service described in section 1,
(B) the requirements for entitlement to which could
not be met without taking into account service
described in section 1, and
(C) which (if service described in section 1 had
been taken into account, and an appropriate application
been submitted) would have commenced before the
effective date referred to in subsection (a)(2),
shall (subject to section 2(a)) be computed taking into account
all service described in section 1 that was performed by such
individual.
(3) Retroactive effect.--Any computation or recomputation
of an annuity or survivor annuity pursuant to this subsection
shall--
(A) if pursuant to paragraph (1), be effective as
of the commencement date of the annuity or survivor
annuity involved; and
(B) if pursuant to paragraph (2), be effective as
of the commencement date that would have applied if
application for the annuity or survivor annuity
involved had been submitted on the earliest date
possible in order for it to have been approved.
(4) Lump-sum payment.--Any amounts which by virtue of
paragraph (3) are payable for any months preceding the first
month (on or after the effective date referred to in subsection
(a)(2)) as of which annuity or survivor annuity payments become
payable fully reflecting the computation or recomputation under
paragraph (1) or (2) (as the case may be) shall be payable in
the form of a lump-sum payment.
(5) Order of precedence.--Section 8424(d) of title 5,
United States Code, shall apply in the case of any payment
under paragraph (4) payable to an individual who has died.
SEC. 6. IMPLEMENTATION.
The Office of Personnel Management, in consultation with the
Secretary of State, shall prescribe such regulations and take such
action as may be necessary and appropriate to implement this Act.
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