[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3066 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3066

 To correct the application of the Non-Foreign Area Retirement Equity 
 Assurance Act of 2009 (5 U.S.C. 5304 note) to employees paid saved or 
                            retained rates.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2010

   Mr. Akaka introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To correct the application of the Non-Foreign Area Retirement Equity 
 Assurance Act of 2009 (5 U.S.C. 5304 note) to employees paid saved or 
                            retained rates.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TREATMENT FOR CERTAIN EMPLOYEES PAID SAVED OR RETAINED 
              RATES.

    (a) In General.--Section 1918(a)(3) of the Non-Foreign Area 
Retirement Equity Assurance Act of 2009 (5 U.S.C. 5304 note) is amended 
by striking ``January 1, 2012'' and inserting ``January 1, 2010''.
    (b) Interim Pay Adjustments.--
            (1) Adjustments.--
                    (A) In general.--Until the Director of the Office 
                of Personnel Management prescribes regulations in 
                accordance with the amendment made by subsection (a), 
                for employees receiving a cost-of-living allowance 
                under section 5941 of title 5, United States Code, and 
                a retained rate under section 5363 of that title, 
                agencies shall--
                            (i) calculate the adjustment under section 
                        5363(b)(2)(B) of that title based on a maximum 
                        rate of basic pay, excluding any locality-based 
                        comparability payment; and
                            (ii) provide an additional adjustment 
                        reflecting the full increase in the locality-
                        based comparability payment that would apply to 
                        the employee but for receipt of a retained 
                        rate.
                    (B) Guidance.--Not later than 30 days after the 
                date of enactment of this Act, the Director of the 
                Office of Personnel Management shall issue guidance for 
                carrying out paragraph (1).
                    (C) Other pay systems.--For employees in another 
                pay system that receive a retained rate equivalent to a 
                retained rate under section 5363 of title 5, United 
                States Code, equivalent treatment shall be provided, 
                consistent with section 1918(b) of the Non-Foreign Area 
                Retirement Equity Assurance Act of 2009.
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