I 111th CONGRESS 1st Session H. R. 958 IN THE HOUSE OF REPRESENTATIVES February 10, 2009 Mr. Moran of Virginia (for himself, Mr. Wolf, Mr. Connolly of Virginia, Mr. Ruppersberger, Ms. Edwards of Maryland, Mr. Sarbanes, Mr. Petri, and Mr. Holt) 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 make unused sick leave creditable, for purposes of the Federal Employees’ Retirement System, in the same manner as provided for under the Civil Service Retirement System.

1.

Credit for unused sick leave under the Federal Employees’ Retirement System

(a)

In general

Section 8415 of title 5, United States Code, is amended— (1)by redesignating the second subsection (k) and subsection (l) as subsections (l) and (m), respectively; and (2)by amending subsection (l) (as so redesignated by paragraph (1)) to read as follows: (l)In computing any annuity under this section, the total service of an employee who retires under section 8412 or 8414 or who dies leaving a survivor or survivors entitled to benefits under subchapter IV includes the days of unused sick leave to such employee's credit under a formal leave system, except that these days will not be counted in determining average pay or annuity eligibility under this chapter. For the purpose of this subsection, in the case of any such employee who is excepted from subchapter I of chapter 63 under section 6301(2)(x)–(xiii), the days of unused sick leave to such employee's credit include any unused sick leave standing to such employee's credit when such employee was excepted from such subchapter. . (b)

Conforming amendment

Section 8422(d)(2) of title 5, United States Code, is amended by striking 8415(k) and inserting 8415(l).

2.

Rule relating to creditability of unused sick leave in computing FERS component of annuity in the case of an employee who makes an election under section 301 of the Federal Employees’ Retirement System Act of 1986

Section 302(a)(8) of the Federal Employees’ Retirement System Act of 1986 (5 U.S.C. 8331 note) is amended— (1)by striking (8) and inserting (8)(A); and (2)by adding at the end the following: (B)For purposes of any computation under paragraph (5) in the case of an individual who retires under section 8412 or 8414 of title 5, United States Code, or who dies leaving a survivor or survivors entitled to benefits under subchapter IV of such chapter, sick leave creditable under section 8415(l) of such title shall be equal to the number of days by which— (i)the number of days of unused sick leave to the individual's credit as of the date of retirement, exceeds (if at all) (ii)the number of days of unused sick leave to the individual’s credit as of the effective date of the individual's election under section 301. .

3.

Effective date

The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to any annuity, entitlement to which is based on a separation occurring on or after such date of enactment.