[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1276 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1276

  To amend title 5, United States Code, to make creditable for civil 
 service retirement purposes certain periods of service performed with 
  Air America, Incorporated, Air Asia Company Limited, or the Pacific 
Division of Southern Air Transport, Incorporated, while those entities 
  were owned or controlled by the Government of the United States and 
        operated or managed by the Central Intelligence Agency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2005

 Ms. Berkley (for herself and Mr. Visclosky) introduced the following 
     bill; which was referred to the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, to make creditable for civil 
 service retirement purposes certain periods of service performed with 
  Air America, Incorporated, Air Asia Company Limited, or the Pacific 
Division of Southern Air Transport, Incorporated, while those entities 
  were owned or controlled by the Government of the United States and 
        operated or managed by the Central Intelligence Agency.

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

SECTION 1. AMENDMENTS.

    (a) In General.--Section 8332(b) of title 5, United States Code, is 
amended--
            (1) by striking ``and'' at the end of paragraph (16);
            (2) by striking the period at the end of paragraph (17) and 
        inserting ``; and'';
            (3) by adding after paragraph (17) the following:
            ``(18) any period of service performed before 1977, while a 
        citizen of the United States, in the employ of Air America, 
        Incorporated, Air Asia Company Limited (a subsidiary of Air 
        America, Incorporated), or the Pacific Division of Southern Air 
        Transport, Incorporated, at a time when that corporation (or 
        subsidiary) was owned or controlled by the Government of the 
        United States and operated or managed by the Central 
        Intelligence Agency.''; and
            (4) by adding at the end the following: ``For purposes of 
        this subchapter, service of the type described in paragraph 
        (18) of this subsection shall be considered to have been 
        service as an employee, and the Office of Personnel Management 
        shall accept the certification of the Director of Central 
        Intelligence or his designee concerning any such service.''.
    (b) Exemption From Deposit Requirement.--Section 8334(g) of title 
5, United States Code, is amended--
            (1 by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; or''; and
            (3) by adding after paragraph (6) the following:
            ``(7) any service for which credit is allowed under section 
        8332(b)(18) of this title.''.

SEC. 2. APPLICABILITY.

    (a) In General.--Except as otherwise provided in this section, the 
amendments made by this Act shall apply with respect to annuities 
commencing on or after the effective date of this Act.
    (b) Provisions Relating to Current Annuitants.--Any individual who 
is entitled to an annuity for the month in which this Act becomes 
effective may, upon application submitted to the Office of Personnel 
Management within 2 years after the effective date of this Act, have 
the amount of such annuity recomputed as if the amendments made by this 
Act had been in effect throughout all periods of service on the basis 
of which such annuity is or may be based. Any such recomputation shall 
be effective as of the commencement date of the annuity, and any 
additional amounts becoming payable for periods before the first month 
for which the recomputation is reflected in the individual's regular 
monthly annuity payments shall be payable to such individual in the 
form of a lump-sum payment.
    (c) Provisions Relating to Individuals Eligible for (but not 
Currently Receiving) an Annuity.--
            (1) In general.--Any individual (not described in 
        subsection (b)) who becomes eligible for an annuity or for an 
        increased annuity as a result of the enactment of this Act may 
        elect to have such individual's rights under subchapter III of 
        chapter 83 of title 5, United States Code, determined as if the 
        amendments made by this Act had been in effect, throughout all 
        periods of service on the basis of which such annuity is or 
        would be based, by submitting an appropriate application to the 
        Office of Personnel Management within 2 years after--
                    (A) the effective date of this Act; or
                    (B) if later, the date on which such individual 
                separates from service.
            (2) Commencement date, etc.--
                    (A) In general.--Any entitlement to an annuity or 
                to an increased annuity resulting from an application 
                under paragraph (1) shall be effective as of the 
                commencement date of such annuity (subject to 
                subparagraph (B), if applicable), and any amounts 
                becoming payable for periods before the first month for 
                which regular monthly annuity payments begin to be made 
                in accordance with the amendments made by this Act 
                shall be payable to such individual in the form of a 
                lump-sum payment.
                    (B) Retroactivity.--Any determination of the 
                amount, or of the commencement date, of any annuity, 
                all the requirements for entitlement to which 
                (including separation, but disregarding any application 
                requirement) would have been satisfied before the 
                effective date of this Act if this Act had then been in 
                effect (but would not then otherwise have been 
                satisfied absent this Act) shall be made as if 
                application for such annuity had been submitted as of 
                the earliest date that would have been allowable, after 
                such individual's separation from service, if such 
                amendments had been in effect throughout the periods of 
                service referred to in the first sentence of paragraph 
                (1).
    (d) Right to File on Behalf of a Decedent.--The regulations under 
section 4(a) shall include provisions, consistent with the order of 
precedence set forth in section 8342(c) of title 5, United States Code, 
under which a survivor of an individual who performed service described 
in section 8332(b)(18) of such title (as amended by section 1) shall be 
allowed to submit an application on behalf of and to receive any lump-
sum payment that would otherwise have been payable to the decedent 
under subsection (b) or (c). Such an application shall not be valid 
unless it is filed within 2 years after the effective date of this Act 
or 1 year after the date of the decedent's death, whichever is later.

SEC. 3. FUNDING.

    (a) Lump-Sum Payments.--Any lump-sum payments under section 2 shall 
be payable out of the Civil Service Retirement and Disability Fund.
    (b) Unfunded Liability.--Any increase in the unfunded liability of 
the Civil Service Retirement System attributable to the enactment of 
this Act shall be financed in accordance with section 8348(f) of title 
5, United States Code.

SEC. 4. REGULATIONS AND SPECIAL RULE.

    (a) In General.--Except as provided in subsection (b), the Director 
of the Office of Personnel Management, in consultation with the 
Director of Central Intelligence, shall prescribe any regulations 
necessary to carry out this Act. Such regulations shall include 
provisions under which rules similar to those established pursuant to 
section 201 of the Federal Employees' Retirement System Act of 1986 
shall be applied with respect to any service described in section 
8332(b)(18) of title 5, United States Code (as amended by section 1) 
that was subject to title II of the Social Security Act.
    (b) Other Regulations.--The Director of Central Intelligence, in 
consultation with the Director of the Office of Personnel Management, 
shall prescribe any regulations which may become necessary, with 
respect to any retirement system administered by the Director of 
Central Intelligence, as a result of the enactment of this Act.
    (c) Special Rule.--For purposes of any application for any benefit 
which is computed or recomputed taking into account any service 
described in section 8332(b)(18) of title 5, United States Code (as 
amended by section 1), section 8345(i)(2) of such title shall be 
applied by deeming the reference to the date of the ``other event which 
gives rise to title to the benefit'' to refer to the effective date of 
this Act, if later than the date of the event that would otherwise 
apply.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) the terms ``unfunded liability'', ``survivor'', and 
        ``survivor annuitant'' have the meanings given to them by 
        section 8331 of title 5, United States Code; and
            (2) the term ``annuity'', as used in subsections (b) and 
        (c) of section 2, includes a survivor annuity.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on the first day of the first fiscal 
year beginning after the date of the enactment of this Act.
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