[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Rules and Regulations]
[Pages 52295-52296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22003]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 831 and 842

RIN 3206-AI66


Retirement Eligibility for Nuclear Materials Couriers Under CSRS 
and FERS

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is adopting its 
interim regulations applicable to nuclear materials couriers employed 
under the Civil Service Retirement System (CSRS) and the Federal 
Employees' Retirement System (FERS). These final rules are pursuant to 
the Strom Thurmond National Defense Authorization Act for Fiscal Year 
1999 enacted on October 17, 1998. The Act provides early retirement and 
enhanced annuity benefits for nuclear materials couriers employed by 
the United States Department of Energy under CSRS and FERS; requires an 
increase in the percentage rate of withholdings from the basic pay of 
nuclear material couriers; and establishes mandatory retirement of 
nuclear materials couriers at age 57. These regulations are necessary 
to put the new retirement provisions into effect.

DATES: Final rules effective September 28, 2000.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Brown, (202) 606-0299.

SUPPLEMENTARY INFORMATION: On January 18, 2000, we published (at 65 FR 
2521) interim regulations to implement the provisions of section 3154 
of Public Law 105-261, enacted October 17, 1998, which governs the 
retirement eligibility, annuity benefits and deductions from basic pay 
of nuclear materials couriers employed by the United States Department 
of Energy under CSRS and FERS.
    OPM received comments from one Federal agency. The commenter 
proposed that, for the purpose of entitlement to early retirement and 
enhanced annuity authorized by Public Law 105-261, the regulations be 
amended to extend coverage under that law for service performed as a 
nuclear materials courier prior to October 1, 1977, by employees of the 
predecessor agencies of the Department of Energy. We are unable to 
implement that proposal. Section 3154 of Public Law 105-261, for 
purposes of benefits under CSRS and FERS, specifically defines nuclear 
materials courier as ``an employee of the Department of Energy * * *'' 
We are aware that the nuclear materials courier function was performed 
by employees of the Department of Energy's predecessor agencies (Atomic 
Energy Commission and the Energy Research and Development 
Administration). However, the statutory definition reflects the 
specific intent and understanding between OPM and the Department of 
Energy that only service performed by couriers since the establishment 
of the Department of Energy on October 1, 1977, would be used in 
determining entitlement to early retirement and enhanced benefits under 
sections 8336(c) (CSRS) and 8412(d) (FERS) of title 5 U.S. Code as 
amended by Public Law 105-261. This intent is further manifested in 5 
U.S.C. 8334, as amended by the law, which lists the applicable employee 
deductions for nuclear materials couriers under CSRS beginning on 
October 1, 1977. Additionally, the higher agency contributions and 
additional annual

[[Page 52296]]

payments by the Department of Energy to reimburse the Civil Service 
Retirement and Disability Fund for the estimated increase in the 
unfunded liability to the Fund are based on estimated additional costs 
of using courier service only since October 1, 1977, to provide the 
enhanced benefits and early retirement.
    Accordingly, we are now adopting the interim regulations as final 
without change.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because the regulation 
will only affect retirement benefits of retired nuclear materials 
couriers and their survivors.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

List of Subjects in 5 CFR Parts 831 and 842

    Administrative practice and procedure, Air traffic controllers, 
Alimony, Claims, Disability benefits, Firefighters, Government 
employees, Income taxes, Intergovernmental relations, Law enforcement 
officers, Pensions, Reporting and recordkeeping requirements, 
Retirement.

U.S. Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, OPM is adopting its interim rules amending 5 CFR parts 
831 and 842 published on January 18, 2000, at 65 FR 2521, as final 
rules without change.
[FR Doc. 00-22003 Filed 8-28-00; 8:45 am]
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