[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1138 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1138

  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 SENATE OF THE UNITED STATES

                             June 29, 2001

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

_______________________________________________________________________

                                 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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