[Congressional Record Volume 148, Number 46 (Tuesday, April 23, 2002)]
[Senate]
[Pages S3167-S3168]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER:
  S. 2227. A bill to clarify the effective date of the modification of 
treatment for retirement annuity purposes of part-time services before 
April 7, 1986, of certain Department of Veterans Affairs health-care 
professionals; to the Committee on Veterans' Affairs.
  Mr. ROCKEFELLER. Mr. President, I introduce legislation today to fix 
a long-standing inequity.
  Last December, Congress passed the Department of Veterans Affairs 
Health Care Programs Enhancement Act of 2001. Enacted as Public Law 
107-135, this legislation gave VA several tools to respond to the 
looming nurse crisis. In addition, it altered how part-time service 
performed by certain title 38 employees would be considered when 
granting retirement credit.
  Previously, the law required that title 38 employees' part-time 
services prior to April 7, 1986, be prorated when calculating 
retirement annuities, resulting in lower annuities for these employees. 
Section 132 of the VA Health Programs Enhancement Act was intended to 
exempt all previously retired registered nurses, physician assistants, 
and expanded-function dental auxiliaries from this requirement. 
However, the Office of Personnel Management has interpreted this 
provision to only apply to those health care professionals who retire 
after its enactment date.
  The legislation I introduce today would require OPM to comply with 
the original intent of the VA Health Programs Enhancement Act, and 
therefore to recalculate the annuities for these retired health care 
professionals. This clarification would not extend retirement benefits 
retroactively to the date of retirement, but would ensure that 
annuities are calculated fairly from now on for eligible employees who 
retired between April 7, 1986, and January 23, 2002.
  I ask my colleagues to join me in restoring our original legislative 
intent to this issue of fairness for retired VA health care 
professionals, and ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2227

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

     SECTION 1. EFFECTIVE DATE OF MODIFICATION OF TREATMENT FOR 
                   RETIREMENT ANNUITY PURPOSES OF CERTAIN PART-
                   TIME SERVICE OF CERTAIN DEPARTMENT OF VETERANS 
                   AFFAIRS HEALTH-CARE PROFESSIONALS.

       (a) Effective Date.--The effective date of the amendment 
     made by section 132 of the Department of Veterans Affairs 
     Health Care Programs Enhancement Act of 2001 (Public Law 107-
     135; 115 Stat. 2454) shall be as follows:
       (1) January 23, 2002, in the case of health care 
     professionals referred to in subsection (c) of section 7426 
     of title 38, United States Code (as so amended), who retire 
     on or after that date.
       (2) The date of the enactment of this Act, in the case of 
     health care professionals referred to in such subsection (c) 
     who retired before January 23, 2002, but after April 7, 1986.
       (b) Recomputation of Annuity.--The Office of Personnel 
     Management shall recompute the annuity of each health-care 
     professional described in the first sentence of subsection 
     (c) of section 7426 of title 38, United States Code (as so 
     amended), who retired before January 23, 2002, but after 
     April 7, 1986,

[[Page S3168]]

     in order to take into account the amendment made by section 
     132 of the Department of Veterans Affairs Health Care 
     Programs Enhancement Act of 2001. Such recomputation shall be 
     effective only with respect to annuities paid after the date 
     of the enactment of this Act, and shall apply beginning the 
     first day of the first month beginning after the date of the 
     enactment of this Act.
                                 ______