II Calendar No. 400 111th CONGRESS 2d Session S. 3066 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 May 24, 2010 Reported by Mr. Lieberman, without amendment 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.

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.

May 24, 2010 Reported without amendment