110 HR 5573 IH: To amend title 5, United States Code, to provide for a U.S. House of Representatives 2008-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5573 IN THE HOUSE OF REPRESENTATIVES March 10, 2008 Mr. Moran of Virginia (for himself, Mr. Wolf, and Mr. Tom Davis of Virginia) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide for a lump-sum payment for certain Federal employees who retire with a substantial amount of unused sick leave for which they would not otherwise receive any compensation or benefit, and for other purposes.

1.

Payment for certain unused sick leave

(a)

In general

Chapter 55 of title 5, United States Code, is amended by adding at the end the following: X

Payment for certain unused sick leave

5597a.

Definitions

For purposes of this subchapter— (1)the term covered retirement system means the Federal Employees’ Retirement System and the Foreign Service Pension System; and (2)the term employee means an employee as defined by section 2105 and an officer or employee of the United States Postal Service or of the Postal Regulatory Commission, but does not include a Congressional employee as defined by section 2107.

5597b.

Lump-sum payment for certain unused sick leave

(a)

In general

Any qualified employee who is separated from the service or is transferred to a position which is not subject to a covered retirement system shall be eligible to receive a lump-sum payment under this section. (b)

Qualified employee

For purposes of this section, the term qualified employee means an employee who, immediately before such employee’s separation or transfer (as described in subsection (a))— (1)is subject to a covered retirement system; and (2)satisfies the age and service requirements for immediate or early retirement under such system. (c)

Amount payable

(1)

In general

A lump-sum payment under this section shall be equal to the amount of basic pay (including locality pay) the employee would have received, for such employee’s period of compensable sick leave, if such employee had remained in the service or not transferred until the end of such period. (2)

Period of compensable sick leave

For purposes of this section, the term period of compensable sick leave means a period equal in duration to 15 percent of the amount (rounded to the nearest whole number of hours) by which the total number of hours of accumulated and current accrued sick leave standing to the employee’s credit (as of the time of separation or transfer) under a formal leave system, exceeds 500 hours. (3)

Limitations

In no event shall— (A)any payment under this section exceed $10,000; or (B)any hours of sick leave be taken into account under paragraph (2)(A) which are creditable in the computation of any other compensation or benefit provided for under any other statute. (d)

Conditions for and effect of receiving a payment

A payment under this section— (1)shall be payable by the agency from which the employee was separated or transferred, but only upon application made in accordance with applicable regulations under section 5597c; (2)terminates all rights of the employee with respect to the hours of leave described in subsection (c)(2)(A) (and not excluded by subsection (c)(3)(B)); and (3)terminates any right of the employee to receive any other payment under this section, including with respect to any sick leave subsequently accruing. (e)

Application by a survivor

An application under this section may also be made by any person who, by virtue of subchapter VIII, is entitled to receive any payment which (but for subsection (d)(1)) would otherwise be due a deceased employee under this section. (f)

Additional rules

A lump-sum payment under this section shall be considered pay for taxation purposes only. The period of compensable sick leave used in calculating any such payment shall not be extended due to any holiday occurring after the employee’s separation or transfer.

5597c.

Regulations

Any regulations necessary for the administration of this subchapter shall be prescribed by the appropriate authority. For purposes of the preceding sentence, the appropriate authority is— (1)if the separation or transfer is from a position in the executive branch, the Director of the Office of Personnel Management; (2)if the separation or transfer is from a position in the judicial branch, the Director of the Administrative Office of the United States Courts; and (3)if the separation or transfer is from a position in the legislative branch, the head of the office, agency, or other establishment from which such separation or transfer occurs.

. (b)

Settlement of accounts

Section 5581(2) of title 5, United States Code, is amended— (1)by redesignating subparagraph (I) as subparagraph (J); (2)in subparagraph (H), by striking and after the semicolon; and (3)by inserting after subparagraph (H) the following: (I)payment for compensable sick leave under section 5597b; and . (c)

Clerical amendment

The analysis for chapter 55 of title 5, United States Code, is amended by adding at the end the following: Subchapter X—Payment for certain unused sick leave 5597a. Definitions. 5597b. Lump-sum payment for certain unused sick leave. 5597c. Regulations. .