[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3426 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3426
To amend the Foreign Service Act of 1980 to extend comparability pay
adjustments to members of the Foreign Service assigned to posts abroad,
and to amend the provision relating to the death gratuity payable to
surviving dependents of Foreign Service employees who die as a result
of injuries sustained in the performance of duty abroad.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2008
Mr. Kerry (for himself, Mr. Voinovich, Mr. Whitehouse, Mr. Akaka, and
Mr. Durbin) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Foreign Service Act of 1980 to extend comparability pay
adjustments to members of the Foreign Service assigned to posts abroad,
and to amend the provision relating to the death gratuity payable to
surviving dependents of Foreign Service employees who die as a result
of injuries sustained in the performance of duty abroad.
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 ``Foreign Service Overseas Pay Equity
Act of 2008''.
SEC. 2. OVERSEAS COMPARABILITY PAY ADJUSTMENT.
(a) Overseas Comparability Pay Adjustment.--
(1) In general.--Chapter 4 of the Foreign Service Act of
1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end
the following:
``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.
``(a) In General.--A member of the Service who is designated class
1 or below for purposes of section 403 and whose official duty station
is not in the continental United States or in a nonforeign area shall
receive, in accordance with the phase-in schedule set forth in
subsection (c), the same locality-based comparability payment under
section 5304 of title 5, United States Code (stated as a percentage) as
would be payable to such member if such member's official duty station
were in the District of Columbia.
``(b) Treatment as Basic Pay.--The amount of any locality-based
comparability payment which is payable to a member of the Service under
this section--
``(1) shall be considered a part of the basic pay of such
member for the purposes described in--
``(A) section 5304(c)(2)(A) of title 5, United
States Code; and
``(B) chapter 8 of this Act; and
``(2) shall be subject to any limitations on pay applicable
to locality-based comparability payments under section 5304 of
such title.
``(c) Phase-In.--The locality-based comparability payment payable
to a member of the Service under this section shall be equal to--
``(1) 33.33 percent of the payment which would otherwise
apply under subsection (a) during the period beginning on the
first day of the first pay period beginning on or after the
earlier of April 1, 2009, or the date on which appropriations
for fiscal year 2009 are made available pursuant to the
enactment of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009, and ending on the
last day of the last pay period in fiscal year 2009;
``(2) 66.67 percent of the payment which would otherwise
apply under subsection (a) during the period beginning on the
first day of the first pay period in fiscal year 2010 and
ending on the last day of the last pay period in fiscal year
2010; and
``(3) 100 percent of the payment determined under
subsection (a), beginning on the first day of the first pay
period in fiscal year 2011.
``(d) Nonforeign Area Defined.--As used in this section, the term
`nonforeign area' means 1 of the areas listed in section 591.205 of
title 5, Code of Federal Regulations.''.
(2) Conforming amendment.--The table of contents under
section 2 of the Foreign Service Act of 1980 is amended by
inserting after the item relating to section 414 the following:
``Sec. 415. Overseas comparability pay adjustment.''.
(b) Conforming Amendments Relating to the Foreign Service
Retirement Systems.--
(1) Contributions to the fund.--
(A) In general.--Section 805(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4045(a)) is amended--
(i) in paragraph (1)--
(I) by striking ``7.25 percent''
and inserting ``7 percent''; and
(II) by striking ``The contribution
by the employing agency'' and all that
follows through ``and shall be made''
and inserting ``An equal amount shall
be contributed by the employing
agency'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``, plus an amount equal to
.25 percent of basic pay''; and
(II) in subparagraph (B), by
striking ``, plus an amount equal to
.25 percent of basic pay''; and
(iii) in paragraph (3), by striking ``,
plus .25 percent''.
(B) Effective date.--The amendments made by
subparagraph (A) shall take effect on the first day of
the first pay period beginning on or after October 1,
2010.
(2) Computation of annuities.--Section 806(a)(9) of the
Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended
by striking ``is outside the continental United States shall''
and inserting ``was outside the continental United States
during the period beginning on December 29, 2002, and ending on
the day before the first day of the first pay period beginning
on or after October 1, 2010 (or during any portion of such
period) shall, to the extent that such computation is based on
the basic salary or basic pay of such member for such period
(or portion of such period),''.
(3) Entitlement to annuity.--Section 855(a)(3) of the
Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is
amended--
(A) by striking ``section 8414'' and inserting
``section 8415''; and
(B) by striking ``is outside the continental United
States shall'' and inserting ``was outside the
continental United States during the period beginning
on December 29, 2002, and ending on the day before the
first day of the first pay period beginning on or after
October 1, 2010 (or during any portion of such period)
shall, to the extent that such computation is based on
the basic salary or basic pay of such member for such
period (or portion of such period),''.
(4) Deductions and withholdings from pay.--Section
856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to
read as follows:
``(2) The applicable percentage under this subsection shall
be as follows:
``Percentage Time Period
7.5 Before January 1, 1999.
7.75 January 1, 1999, to December 31, 1999.
7.9 January 1, 2000, to December 31, 2000.
7.55 January 11, 2003, to the day before the first day of
the first pay period beginning on or after October
1, 2010.
7.5 Beginning on the first day of the first pay period
beginning on or after October 1, 2010.''.
(c) Reporting Requirement.--Not later than October 1, 2010, the
Secretary of State shall submit a report to the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Oversight and
Government Reform of the House of Representatives that includes--
(1) an assessment of all allowances provided to members of
the Foreign Service under the Foreign Service Act of 1980 or
under title 5, United States Code; and
(2) an explanation of how such allowances have been or will
be affected by the amendments to the Foreign Service Act of
1980 made under this Act.
SEC. 3. DEATH GRATUITY.
Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C.
3973(a)) is amended by striking ``at the time of death'' and inserting
``at level II of the Executive Schedule under section 5313 of title 5,
United States Code, at the time of death. If the deceased employee was
compensated under a local compensation plan established under section
408, the amount of such gratuity shall be equal to the greater of 1
year's salary at the time of death or 1 year's salary at the highest
step of the highest grade on the local compensation plan from which the
employee was being paid at the time of death''.
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