[115th Congress Public Law 352]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 5067]]
Public Law 115-352
115th Congress
An Act
To amend title 5, United States Code, to provide for interest payments
by agencies in the case of administrative error in processing certain
annuity deposits for prior military service or certain volunteer
service, and for other purposes. <<NOTE: Dec. 21, 2018 - [H.R. 4431]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Correcting
Miscalculations in Veterans' Pensions Act. 5 USC 101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Correcting Miscalculations in
Veterans' Pensions Act''.
SEC. 2. ERROR IN PROCESSING OF ANNUITY DEPOSIT FOR FORMER MEMBERS
OF THE UNIFORMED SERVICES.
(a) CSRS.--Section 8334(j) of title 5, United States Code, is
amended by adding at the end the following:
``(6)(A) In calculating and processing the deposit under paragraph
(1) with respect to an employee, Member, or annuitant, if the employing
agency of such employee, Member, or annuitant makes an administrative
error, such employing agency may pay, on behalf of the employee, Member,
or annuitant, any additional interest assessed due to the administrative
error.
``(B) For purposes of subparagraph (A), the Secretary of the Senate
or the Chief Administrative Officer of the House of Representatives, as
appropriate, shall be considered the employing agency of a Member or
Congressional employee.
``(C) <<NOTE: Regulations.>> The Director of the Office of
Personnel Management shall issue such regulations as are necessary to
carry out this paragraph.''.
(b) FERS.--Section 8422(e) of title 5, United States Code, is
amended by adding at the end the following:
``(7)(A) In calculating and processing the deposit under paragraph
(1) with respect to an employee, Member, or annuitant, if the employing
agency of such employee, Member, or annuitant makes an administrative
error, such employing agency may pay, on behalf of the employee, Member,
or annuitant, any additional interest assessed due to the administrative
error.
``(B) For purposes of subparagraph (A), the Secretary of the Senate
or the Chief Administrative Officer of the House of Representatives, as
appropriate, shall be considered the employing agency of a Member or
Congressional employee.
``(C) <<NOTE: Regulations.>> The Director of the Office of
Personnel Management shall issue such regulations as are necessary to
carry out this paragraph.''.
[[Page 132 STAT. 5068]]
SEC. 3. ERROR IN PROCESSING OF ANNUITY DEPOSIT FOR CERTAIN
VOLUNTEERS.
(a) CSRS.--Section 8334(l) of title 5, United States Code, is
amended by adding at the end of the following:
``(5)(A) In calculating and processing the deposit under paragraph
(1) with respect to an employee, Member, or annuitant, if an employing
agency of such employee, Member, or annuitant makes an administrative
error that causes additional interest assessed to accrue on the deposit,
the employing agency may pay, on behalf of the employee, Member, or
annuitant, any additional interest assessed due to the administrative
error.
``(B) In calculating and processing the deposit under paragraph (1)
with respect to an employee, Member, or annuitant, if the Office of
Personnel Management makes an administrative error that causes
additional interest assessed to accrue on the deposit, the Office of
Personnel Management may pay, on behalf of the employee, Member, or
annuitant, any additional interest assessed due to the administrative
error.
``(C) For purposes of subparagraph (A), the Secretary of the Senate
or the Chief Administrative Officer of the House of Representatives, as
appropriate, shall be considered the employing agency of a Member or
congressional employee.
``(D) <<NOTE: Regulations.>> The Director of the Office of
Personnel Management shall issue such regulations as are necessary to
carry out this paragraph.''.
(b) FERS.--Section 8422(f) of title 5, United States Code, is
amended by adding at the end of the following:
``(5)(A) In calculating and processing the deposit under paragraph
(1) with respect to an employee, Member, or annuitant, if an employing
agency of such employee, Member, or annuitant makes an administrative
error that causes additional interest assessed to accrue on the deposit,
the employee, Member, or annuitant's employing agency may pay, on behalf
of the employee, Member, or annuitant, any additional interest assessed
due to the administrative error.
``(B) In calculating and processing the deposit under paragraph (1)
with respect to an employee, Member, or annuitant, if the Office of
Personnel Management makes an administrative error that causes
additional interest assessed to accrue on the deposit, the Office of
Personnel Management may pay, on behalf of the employee, Member, or
annuitant, any additional interest assessed due to the administrative
error.
``(C) For purposes of subparagraph (A), the Secretary of the Senate
or the Chief Administrative Officer of the House of Representatives, as
appropriate, shall be considered the employing agency of a Member or
congressional employee.
``(D) <<NOTE: Regulations.>> The Director of the Office of
Personnel Management shall issue such regulations as are necessary to
carry out this paragraph.''.
(c) <<NOTE: 5 USC 8334 note.>> Authorization of Payments.--All
payments from the Office of Personnel Management authorized by
subsections (a) and (b) shall be paid from the Civil Service Retirement
and Disability Fund, and together with administrative expenses incurred
by the Office in administering these subsections, shall be deemed to
have
[[Page 132 STAT. 5069]]
been authorized to be paid from that Fund, which is appropriated for the
payment thereof.
Approved December 21, 2018.
LEGISLATIVE HISTORY--H.R. 4431:
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HOUSE REPORTS: No. 115-946, Pt. 1 (Comm. on Oversight and Government
Reform).
CONGRESSIONAL RECORD, Vol. 164 (2018):
Sept. 26, considered and passed House.
Dec. 13, considered and passed Senate.
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