[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4087 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4087

  To permit nonjudicial employees of the District of Columbia courts, 
     employees transferred to the Pretrial Services, Parole, Adult 
   Probation, and Offender Supervision Trustee, and employees of the 
District of Columbia Public Defender Service to have periods of service 
  performed prior to the enactment of the Balanced Budget Act of 1997 
included as part of the years of service used to determine the time at 
 which such employees are eligible to retire under chapter 84 of title 
             5, United States Code, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2005

 Ms. Norton (for herself and Mr. Tom Davis of Virginia) introduced the 
   following bill; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                                 A BILL


 
  To permit nonjudicial employees of the District of Columbia courts, 
     employees transferred to the Pretrial Services, Parole, Adult 
   Probation, and Offender Supervision Trustee, and employees of the 
District of Columbia Public Defender Service to have periods of service 
  performed prior to the enactment of the Balanced Budget Act of 1997 
included as part of the years of service used to determine the time at 
 which such employees are eligible to retire under chapter 84 of title 
             5, United States Code, and for other 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 ``District of Columbia Court, Offender 
Supervision, Parole, and Public Defender Employees Equity Act of 
2005''.

SEC. 2. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES TRANSFERRED 
              FROM DISTRICT OF COLUMBIA SERVICE TO FEDERAL SERVICE.

    (a) In General.--Any individual serving as an employee or Member 
(as those terms are defined by section 8401 of title 5, United States 
Code) on or after the date of enactment of this Act who performed 
qualifying District of Columbia service shall be entitled to have such 
service included in calculating the individual's creditable service 
under section 8411 of title 5, United States Code, but only for 
purposes of the following provisions of such title:
            (1) Section 8410 (relating to eligibility for annuity).
            (2) Section 8412 (relating to immediate retirement).
            (3) Section 8413 (relating to deferred retirement).
            (4) Section 8414 (relating to early retirement).
            (5) Subchapter IV of chapter 84 (relating to survivor 
        annuities).
            (6) Subchapter V of chapter 84 (relating to disability 
        benefits).
    (b) Service not Included in Computing Amount of Any Annuity.--
Qualifying District of Columbia service shall not be taken into account 
for purposes of computing the amount of any benefit payable out of the 
Civil Service Retirement and Disability Fund.

SEC. 3. QUALIFYING DISTRICT OF COLUMBIA SERVICE DEFINED.

    In this Act, ``qualifying District of Columbia service'' means any 
of the following:
            (1) Service performed by an individual as a nonjudicial 
        employee of the District of Columbia courts--
                    (A) which was performed prior to the effective date 
                of the amendments made by section 11246(b) of the 
                Balanced Budget Act of 1997; and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code 
                (other than by virtue of section 8331(1)(iv) of such 
                title).
            (2) Service performed by an individual as an employee of an 
        entity of the District of Columbia government whose functions 
        were transferred to the Pretrial Services, Parole, Adult 
        Supervision, and Offender Supervision Trustee under section 
        11232 of the Balanced Budget Act of 1997--
                    (A) which was performed prior to the effective date 
                of the individual's coverage as an employee of the 
                Federal Government under section 11232(f) of such Act; 
                and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code 
                (other than by virtue of section 8331(1)(iv) of such 
                title).
            (3) Service performed by an individual as an employee of 
        the District of Columbia Public Defender Service--
                    (A) which was performed prior to the effective date 
                of the amendments made by section 7(e) of the District 
                of Columbia Courts and Justice Technical Corrections 
                Act of 1998; and
                    (B) for which the individual did not ever receive 
                credit under the provisions of subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code 
                (other than by virtue of section 8331(1)(iv) of such 
                title).

SEC. 4. CERTIFICATION OF SERVICE.

    The Office of Personnel Management shall accept the certification 
of the appropriate personnel official of the government of the District 
of Columbia concerning whether an individual performed qualifying 
District of Columbia service and the length of the period of such 
service the individual performed.
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