HANDWRITTEN LETTER
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP89-00066R000800020001-4
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
13
Document Creation Date:
December 27, 2016
Document Release Date:
December 12, 2012
Sequence Number:
1
Case Number:
Publication Date:
March 11, 1987
Content Type:
LETTER
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Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDP89-00066R000800020001-4
Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDP89-00066R000800020001-4
ILLEGIB
Declassified in Part - Sanitized Copy Approved for Release 2012/12/12 : CIA-RDP89-00066R000800020001-4
PUBLIC LAW 99-556--OCT. 27, 1986
Public Law 99-556
99th Congress
An Act
100 STAT. 3131
To make technical corrections in the Federal Employees Retirement System Act of
1986, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Federal Employees' Retirement
System Technical Corrections Act of 1986".
TITLE I-PROVISIONS RELATING TO
TITLE I OF THE FEDERAL EMPLOYEES'
RETIREMENT SYSTEM ACT OF 1986
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title an
amendment is expressed in terms of an amendment to a section or
other provision, the reference shall be considered to be made to a
section or other provision of chapter 84 of title 5, United States
Code, as added by section 101 of the Federal Employees' Retirement
System Act of 1986 (Public Law 99-335; 100 Stat. 516).
SEC. 102. OPM AUDIT AUTHORITY.
Section 8461(mX2) is amended by striking out ", and from the
Thrift Savings Fund,".
SEC. 103. DEPOSIT FOR CERTAIN SERVICE.
Section 8411 is amended?
(1) in subsection (bX2), by inserting "except as provided in
subsection (0," before "service"; and
(2) in subsection (0(1), by inserting "(bX2) or" before "(bX3)".
SEC. 104. CLARIFICATION RELATING TO THE MINIMUM AMOUNT OF A
DISABILITY ANNUITY.
Section 8452(d) is amended by inserting "(after the reduction
under subsection (aX2), if applicable, has been made)" after "this
section".
SEC. 105. ELECTION TO DEFER ANNUITY COMMENCEMENT DATE.
(a) IN GENERAL.?Subsection (g) of section 8412 is amended?
(1) by redesignating such subsection as subsection (gX1); and
(2) by adding at the end thereof the following:
"(2) An employee or Member entitled to an annuity under this
subsection may defer the commencement of such annuity by written
election. The date to which the commencement of the annuity is
deferred may not precede the 31st day after the date of filing the
91-139 0 - 87 1575)
Oct. 27, 1986
[H.R. 5626]
Federal
Employees'
Retirement
System
Technical
Corrections
Act of 1986.
5 USC 8401 note.
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100 STAT. 3132 PUBLIC LAW 99-556?OCT. 27, 1986
election, and must precede the date on which the employee or
Member becomes 62 years of age.
Regulations. "(3) The Office shall prescribe regulations under which an election r
under paragraph (2) shall be made.". L
(b) CONFORMING AMENDMENTS.?(1) Section 8413(bX1) is a
amended?
(A) in the first sentence, by inserting "but before attaining .. a
the applicable minimum retirement age under section 8412(h)'
before "is entitled"; and a]
(B) in the second sentence, by striking out "the applicable u:
minimum retirement age under section 8412(h)" and inserting . ir
in lieu thereof "such minimum retirement age". D
(2) Subparagraphs (A) and (B) of section 8415(0(2) are amended by ,
Si
inserting "8412(g) or" before "8413(b)". i
1
SEC. 106. AMENDMENT TO SECTION 8452. , fo
The second sentence of section 8452(bX3) is amended by striking
out "(aX1XA)," and inserting in lieu thereof "(aX1XAXi),".
SEC. 107. LUMP-SUM CREDIT. Ci
Section 8401(19) is amended?
(1) in subparagraph (B), by striking out "and";
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
"(C) amounts deposited by an employee, Member, or
survivor under section 8411(0; and".
.VSEC. 108. CLARIFICATION RELATING TO FIDUCIARIES.
Section &478(aX1) is amended by striking out "(other" and all that
follows thereafter through "member)".
SEC. 109. DEFINITION OF A "LOSS".
Section 8401(18) is amended to read as follows:
"(18) the term 'loss', as used with respect to the Thrift Savings
Fund, includes the amount of any loss resulting from the invest-
ment of sums in such Fund, or from the breach of any respon-
sibility, duty, or obligation under section 8477.".
77/, it SEC. 110. INVESTIGATIVE AUTHORITY.
(a) IN GENEsAL.?Title 5, United States Code, is amended by
inserting after section 8478 the following:
"fi 8478a. Investigative authority
"Any authority available to the Secretary of Labor under section
504 of the Employee Retirement Income Security Act of 1974 is
hereby made available to the Secretary of Labor, and any officer
designated by the Secretary of Labor, to determine whether any
person has violated, or is about to violate, any provision of section
8477 or 8478.".
(b)CPIXR ANA.LYSIS.?The analysis for chapter 84 is amended by
inserting after the item relating to section 8478 the following:
"8478a. Investigative authority.".
29 USC 1134.
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71". 27, 1986
,n which the employee or
,ns under which an election
,) Section 8413(bX1) is
rting "but before attaining
age under sectiorr.8412(h)"
`rildng out "the applicable
tion 8412(h)" and inserting
ement age".
in 8415(fX2) are amended by
.)X3) is amended by striking
of "(aX1XAXi),".
; out "and";
ih (C) as subparagraph (D);
h (B) the following:
an employee, Member, or
.nd".
UCIARIES.
ing out "(other" and all that
; follows:
respect to the Thrift Savings
,)ss resulting from the invest-
m the breach of any respon-
tion
tates Code, is amended by
3tary of Labor under section
me Security Act of 1974 is
of Labor, and any officer
to determine whether any
ate, any provision of section
for chapter 84 is amended by
section 8478 the following:
-
PUBLIC LAW 99-556?OCT. 27, 1986 100 STAT. 3133
SEC. Ill. INTERIM EXEMPTION PROCEDURES. I J-=
(a) IN GENERAL?Subject to subsection (b), until such time as final 5 USC 8477 note. ?
regulations under subparagraph (A) of section 8477(cX3) of title 5,
United States Code, become effective, the Secretary of Labor may, in
accordance with procedures under section 408(a) of the Employee
Retirement Income Security Act of 1974, grant any exemption 29 USC 1108.
allowable under such section 8477(cX3).
(b) TERMINATION OF INTERIM Aunimirrv.?The authority to grant
an exemption under section 8477(cX3) of title 5, United States Code,
using the procedures under section 408(a) of the Employee Retire-
ment Income Security Act of 1974 shall expire not later than
December 31, 1988. -
SEC. 112. ADOPTION OF ERISA ADMINISTRATIVE EXEMPTIONS. TO(
Section 8477(cX3) is amended by adding at the end thereof the Federal
following:Rpriicatetrion:
"(E) Notwithstanding subparagraph (D), the Secretary of Labor
may determine that an exemption granted for any class of fidu-
ciaries or transactions under section 408(a) of the Employee Retire-
ment Income Security Act of 1974 shall, upon publication of notice 29 usc 1108.
in the Federal Register under this subparagraph, constitute an
exemption for purposes of the provisions of paragraph (2).".
SEC. 113. INTERIM BONDLNG REGULATIONS. /'/' //
(a) IN GENERAL.--Subject to subsection (b), until such time as the 5 USC 8478 note.
Secretary of Labor promulgates final regulations under section 8478
of title 5, United States Code, the Secretary of Labor may, with
respect to the Thrift Savings Fund, apply the temporary regulations
under section 412 of the Employee Retirement Income Security Act
of 1974 that are set forth in section 2550.412-1, and subchapter I of 29 USC 1112.
chapter XXV, of title 29 of the Code of Federal Regulations, as in 50 FR 26706.
effect on September 23, 1986.
(b) TERMINATION OF INTERIM AunioRiTv.?The authority to apply
the temporary regulations referred to in subsection (a) with respect
to the Thrift Savings Fund shall expire not later than December 31,
1989.
SEC. 114. ALLOCATION OF FIDUCIARY RESPONSIBILMES. 4
(a) INTERIM PROCEDURES.?(1) Subject to paragraph (2), until such 5 USC 8.477 note.
time as final regulations under subparagraph (E) of section
8477(eX1) of title 5, United States Code, become effective, a fiduciary
(as defined by section 8477(aX3) of title 5, United States Code) may,
in accordance with procedures established by the Federal Retire-
ment Thrift Investment Board, make any allocation of fiduciary
responsibilities.
(2) The authority to make any allocation under section
8477(e)(1XE) using the procedures referred to in paragraph (I), and
any allocation so made using such procedures shall expire not later
than December 31, 1988.
(b) CONFORMING AMENDMENT.?Section 8477(e) (1)(EXi) is amended
by striking "Board" and inserting "Secretary of Labor (or the Board
under section 114 of the Federal Employees' Retirement System
Technical Corrections Act of 1986)".
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