[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5746 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5746

To amend the provisions of title 5, United States Code, relating to the 
    methodology for calculating the amount of any Postal surplus or 
   supplemental liability under the Civil Service Retirement System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2010

  Mr. Lynch introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend the provisions of title 5, United States Code, relating to the 
    methodology for calculating the amount of any Postal surplus or 
   supplemental liability under the Civil Service Retirement System.

    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 ``United States Postal Service's CSRS 
Obligation Modification Act of 2010''.

SEC. 2. MODIFIED METHODOLOGY.

    Section 8348(h) of title 5, United States Code, is amended by 
adding at the end the following:
    ``(4)(A) To the extent that a determination under paragraph (1)(A), 
relating to future benefits attributable to civilian employment with 
the United States Postal Service, is based on the first sentence of 
section 8339(a), such determination shall be made in accordance with 
such sentence and otherwise applicable provisions of law, subject to 
the following:
            ``(i) The `average pay' used in the case of any individual 
        shall be a single amount, determined in accordance with section 
        8331(4), taking into account the rates of basic pay in effect 
        for such individual during the periods of creditable service 
        performed by such individual. Nothing in this subsection shall 
        be considered to permit or require--
                    ``(I) one determination of average pay with respect 
                to service performed with the United States Postal 
                Service; and
                    ``(II) a separate determination of average pay with 
                respect to service performed with its predecessor 
                entity in function.
            ``(ii) To determine the portion of an annuity attributable 
        to civilian employment with the United States Postal Service, 
        the appropriate percentage to apply under the provisions of 
        section 8339(a) with respect to such employment is, in the case 
        of--
                    ``(I) any period of employment with the United 
                States Postal Service which follows
                    ``(II) any other period of employment creditable 
                under section 8332 (whether with the entity referred to 
                in clause (i)(II) or otherwise),
        the applicable percentage under such provisions, determined 
        after taking into account any periods of employment described 
        in subclause (II) which precede the period of employment 
        (described in subclause (I)) as to which the determination of 
        the appropriate percentage to apply under section 8339(a) is 
        being made.
    ``(B)(i) Not later than the date which occurs 6 months after the 
date of enactment of this paragraph, the Office shall determine (or, if 
applicable, redetermine) the amount of the Postal surplus or 
supplemental liability as of the close of the fiscal year most recently 
ending before such date of enactment, in conformance with the 
methodology required under subparagraph (A).
    ``(ii) If the result of the determination (or redetermination) 
under clause (i) is a surplus, the Office shall transfer the amount of 
such surplus to the Postal Service Retiree Health Benefits Fund in such 
manner as the Office shall, within 90 days after the date of such 
determination (or redetermination), by regulation prescribe.
    ``(iii) For purposes of clause (ii), the term `Postal Service 
Retiree Health Benefits Fund' refers to the fund described in section 
8909a.''.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--This Act and the amendment made by this Act shall 
take effect on the date of enactment of this Act.
    (b) Rule of Construction.--Nothing in this Act shall be considered 
to require a redetermination with respect to any fiscal year preceding 
the fiscal year referred to in section 8348(h)(4)(B)(i) of title 5, 
United States Code, as amended by this Act.
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