[Congressional Record Volume 151, Number 33 (Thursday, March 17, 2005)]
[Senate]
[Pages S3005-S3006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S. 651. A bill to amend title 5, United States Code, to make 
creditable for civil service retirement purposes certain periods of 
service performed with Air America, Incorporated, Air Asia Company 
Limited, or the Pacific Division of Southern Air Transport, 
Incorporated, while those entities were owned or controlled by the 
Government of the United States and operate or managed by the Central 
Intelligence Agency; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. REID. Mr. President, I 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. 651

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

     SECTION 1. AMENDMENTS.

       (a) In General.--Section 8332(b) of title 5, United States 
     Code, is amended--
       (1) by striking ``and'' at the end of paragraph (16);
       (2) by striking the period at the end of paragraph (17) and 
     inserting ``; and'';
       (3) by adding after paragraph (17) the following:
       ``(18) any period of service performed before 1977, while a 
     citizen of the United States, in the employ of Air America, 
     Incorporated, Air Asia Company Limited (a subsidiary of Air 
     America, Incorporated), or the Pacific Division of Southern 
     Air Transport, Incorporated, at a time when that corporation 
     (or subsidiary) was owned or controlled by the Government of 
     the United States and operated or managed by the Central 
     Intelligence Agency.''; and
       (4) by adding at the end the following: ``For purposes of 
     this subchapter, service of the type described in paragraph 
     (18) of this subsection shall be considered to have been 
     service as an employee, and the Office of Personnel 
     Management shall accept the certification of the Director of 
     the Central Intelligence Agency or his designee concerning 
     any such service.''.

[[Page S3006]]

       (b) Exemption From Deposit Requirement.--Section 8334(g) of 
     title 5, United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; or''; and
       (3) by adding after paragraph (6) the following:
       ``(7) any service for which credit is allowed under section 
     8332(b)(18) of this title.''.

     SEC. 2. APPLICABILITY.

       (a) In General.--Except as otherwise provided in this 
     section, the amendments made by this Act shall apply with 
     respect to annuities commencing on or after the effective 
     date of this Act.
       (b) Provisions Relating to Current Annuitants.--Any 
     individual who is entitled to an annuity for the month in 
     which this Act becomes effective may, upon application 
     submitted to the Office of Personnel Management within 2 
     years after the effective date of this Act, have the amount 
     of such annuity recomputed as if the amendments made by this 
     Act had been in effect throughout all periods of service on 
     the basis of which such annuity is or may be based. Any such 
     recomputation shall be effective as of the commencement date 
     of the annuity, and any additional amounts becoming payable 
     for periods before the first month for which the 
     recomputation is reflected in the individual's regular 
     monthly annuity payments shall be payable to such individual 
     in the form of a lump-sum payment.
       (c) Provisions Relating to Individuals Eligible for (But 
     Not Currently Receiving) an Annuity.--
       (1) In general.--Any individual (not described in 
     subsection (b)) who becomes eligible for an annuity or for an 
     increased annuity as a result of the enactment of this Act 
     may elect to have such individual's rights under subchapter 
     III of chapter 83 of title 5, United States Code, determined 
     as if the amendments made by this Act had been in effect, 
     throughout all periods of service on the basis of which such 
     annuity is or would be based, by submitting an appropriate 
     application to the Office of Personnel Management within 2 
     years after--
       (A) the effective date of this Act; or
       (B) if later, the date on which such individual separates 
     from service.
       (2) Commencement date, etc.--
       (A) In general.--Any entitlement to an annuity or to an 
     increased annuity resulting from an application under 
     paragraph (1) shall be effective as of the commencement date 
     of such annuity (subject to subparagraph (B), if applicable), 
     and any amounts becoming payable for periods before the first 
     month for which regular monthly annuity payments begin to be 
     made in accordance with the amendments made by this Act shall 
     be payable to such individual in the form of a lump-sum 
     payment.
       (B) Retroactivity.--Any determination of the amount, or of 
     the commencement date, of any annuity, all the requirements 
     for entitlement to which (including separation, but 
     disregarding any application requirement) would have been 
     satisfied before the effective date of this Act if this Act 
     had then been in effect (but would not then otherwise have 
     been satisfied absent this Act) shall be made as if 
     application for such annuity had been submitted as of the 
     earliest date that would have been allowable, after such 
     individual's separation from service, if such amendments had 
     been in effect throughout the periods of service referred to 
     in the first sentence of paragraph (1).
       (d) Right To File on Behalf of a Decedent.--The regulations 
     under section 4(a) shall include provisions, consistent with 
     the order of precedence set forth in section 8342(c) of title 
     5, United States Code, under which a survivor of an 
     individual who performed service described in section 
     8332(b)(18) of such title (as amended by section 1) shall be 
     allowed to submit an application on behalf of and to receive 
     any lump-sum payment that would otherwise have been payable 
     to the decedent under subsection (b) or (c). Such an 
     application shall not be valid unless it is filed within 2 
     years after the effective date of this Act or 1 year after 
     the date of the decedent's death, whichever is later.

     SEC. 3. FUNDING.

       (a) Lump-Sum Payments.--Any lump-sum payments under section 
     2 shall be payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Unfunded Liability.--Any increase in the unfunded 
     liability of the Civil Service Retirement System attributable 
     to the enactment of this Act shall be financed in accordance 
     with section 8348(f) of title 5, United States Code.

     SEC. 4. REGULATIONS AND SPECIAL RULE.

       (a) In General.--Except as provided in subsection (b), the 
     Director of the Office of Personnel Management, in 
     consultation with the Director of the Central Intelligence 
     Agency, shall prescribe any regulations necessary to carry 
     out this Act. Such regulations shall include provisions under 
     which rules similar to those established pursuant to section 
     201 of the Federal Employees' Retirement System Act of 1986 
     (Public Law 99-335; 100 Stat. 514) shall be applied with 
     respect to any service described in section 8332(b)(18) of 
     title 5, United States Code (as amended by section 1) that 
     was subject to title II of the Social Security Act.
       (b) Other Regulations.--The Director of the Central 
     Intelligence Agency, in consultation with the Director of the 
     Office of Personnel Management, shall prescribe any 
     regulations which may become necessary, with respect to any 
     retirement system administered by the Director of the Central 
     Intelligence Agency, as a result of the enactment of this 
     Act.
       (c) Special Rule.--For purposes of any application for any 
     benefit which is computed or recomputed taking into account 
     any service described in section 8332(b)(18) of title 5, 
     United States Code (as amended by section 1), section 
     8345(i)(2) of such title shall be applied by deeming the 
     reference to the date of the ``other event which gives rise 
     to title to the benefit'' to refer to the effective date of 
     this Act, if later than the date of the event that would 
     otherwise apply.

     SEC. 5. DEFINITIONS.

       For purposes of this Act--
       (1) the terms ``unfunded liability'', ``survivor'', and 
     ``survivor annuitant'' have the meanings given under section 
     8331 of title 5, United States Code; and
       (2) the term ``annuity'', as used in subsections (b) and 
     (c) of section 2, includes a survivor annuity.

     SEC. 6. EFFECTIVE DATE.

       This Act shall take effect on the first day of the first 
     fiscal year beginning after the date of the enactment of this 
     Act.
                                 ______