[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1586 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1586
To amend chapter 84 of title 5, United States Code, to make certain
temporary Federal service performed for the Federal Deposit Insurance
Corporation creditable for retirement purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2001
Mr. Kanjorski (for himself, Mr. Shays, Mr. Sessions, Mr. Evans, Mrs.
Maloney of New York, Mrs. Mink of Hawaii, Mr. Tierney, Mr. McGovern,
Mr. Frank, and Mr. Delahunt) introduced the following bill; which was
referred to the Committee on Government Reform
_______________________________________________________________________
A BILL
To amend chapter 84 of title 5, United States Code, to make certain
temporary Federal service performed for the Federal Deposit Insurance
Corporation 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. SHORT TITLE.
This Act may be cited as the ``FERS Federal Deposit Insurance
Corporation Buyback Act of 2001''.
SEC. 2. CREDITABILITY OF SERVICE.
(a) In General.--Section 8411(b) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) subject to subsection (k), service as a temporary or
intermittent employee for the Federal Deposit Insurance
Corporation not otherwise creditable for purposes of this
chapter, performed after December 31, 1988, and before January
1, 2001, of at least 1 year's duration (whether performed over
a continuous period or otherwise), but only if the individual
performing such service later becomes subject to this chapter,
and such service is not credited for purposes of any benefit
under any other retirement system established by a law of the
United States (disregarding the Social Security Act and chapter
83 of this title).''.
(b) Deposit Requirement.--Section 8411 of title 5, United States
Code, is amended by adding at the end the following:
``(k)(1) An employee or Member shall, with respect to any service
described in subsection (b)(6) performed by such employee or Member, be
required to deposit to the credit of the Fund an amount equal to 1.3
percent of basic pay for such service.
``(2) Any deposit under paragraph (1) made more than 5 years after
the later of--
``(A) October 1, 2001, or
``(B) the date on which the employee or Member making the
deposit first becomes an employee or Member following the
period of temporary or intermittent service for which such
deposit is due,
shall include interest on such amount, computed in the manner described
in subsection (f)(3) and compounded annually beginning on the date of
the expiration of the 5-year period.
``(3) If the deposit under paragraph (1) is not made or if less
than the entire amount of such deposit is made--
``(A) service of the employee or Member described in
subsection (b)(6) shall be fully creditable; but
``(B) any annuity under this chapter based on the service
of such employee or Member shall be reduced in a manner similar
to that described in section 8418(b).''.
SEC. 3. PROVISIONS RELATING TO PERSONS WHO HAVE SEPARATED.
(a) In General.--The Office of Personnel Management shall prescribe
regulations under which credit for service, as described in section
8411(b)(6) of title 5, United States Code, as added by this Act, which
was performed by an individual who has separated from Government
service may be obtained.
(b) Requirements.--Under the regulations, credit shall not be given
under this section unless appropriate written application is submitted,
not later than December 31, 2001, in such form and manner as the
regulations require.
(c) Recomputation of Annuity.--
(1) In general.--Any annuity or survivor annuity payable as
of when an application under this subsection is submitted shall
be recomputed to take into account any service described in
section 8411(b)(6) of title 5, United States Code (performed by
the individual on whose service the annuity is based),
effective with respect to amounts accruing for months beginning
more than 30 days after the date on which such application is
submitted.
(2) Condition.--If the full amount of the deposit required
under section 8411(k) of such title 5 is not timely made
(before such deadline as the Office shall by regulation
prescribe) with respect to any service as to which the
application under paragraph (1) relates, an appropriate
reduction shall be made in the recomputed annuity in accordance
with paragraph (3) of such section 8411(k). Interest shall not
be included as part of any deposit under this subsection.
SEC. 4. NOTIFICATION AND OTHER DUTIES OF THE OFFICE OF PERSONNEL
MANAGEMENT.
(a) Notice.--The Office of Personnel Management shall take such
action as may be necessary and appropriate to inform individuals of any
rights they might have as a result of the enactment of this Act.
(b) Assistance.--The Office shall, on request, assist any
individual in obtaining from the Federal Deposit Insurance Corporation
any information in the possession of such corporation which may be
necessary to verify the entitlement of such individual to have any
service credited under section 8411(b)(6) of title 5, United States
Code, as added by this Act, or to have an annuity recomputed under
section 3(c).
(c) Information.--At the request of the Office, the Federal Deposit
Insurance Corporation shall provide any information with respect to an
individual's performance of any service described in such section
8411(b)(6) to the Office.
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