FEDERAL EMPLOYEES' RETIREMENT SYSTEM-TECHNICAL CORRECTIONS
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July 8, 1988
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STAT
FEDERAL EMPLOYEES' RETIREMENT
SYSTEM-TECHNICAL CORRECTIONS
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1(11 ~TAT.,1744 PUBLIC LAW 100-238-JAN. 8, 1988
,~
Public Law 100-238
100th Congress
An Act
Jan. 8, 1988 Making technical corrections relating to the Federal Employees' Retirement System,
[H.R. 3395] and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I-AMENDMENTS RELATING TO THE CIVIL SERVICE
RETIREMENT SYSTEM AND THE FEDERAL EMPLOYEES'
RETIREMENT SYSTEM
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or
a repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 5,
United States Code.
SEC. 102. DEPOSITS FOR "COVERED SERVICE" AFTER 1986 FOR
EMPLOYEES UNDER CSRS OFFSET PROVISIONS.
Section 8334(c) is amended by striking the period at the end of the
last sentence and inserting in lieu thereof the following: ", and, with
respect to any such service performed after December 31, 1986, be
equal to the amount that would have been deducted from the
employee's basic pay under subsection Os) of this section if the
employee's pay had been subject to that subsection during such
perlod.".
SEC. 103. AMENDMENTS RELATING TO LAW ENFORCEMENT OFFICERS
AND FIREFIGHTERS.
(a) MAXIMUM ENTRY AGES.-
(1) IN GENERAL.-Section 3307 is amended-
(A) in subsection (d), by striking "may, with the concur-
rence of such agent as the President may designate," and
inserting in lieu thereof "may"; and
(B) by adding at the end the following:
"(e) The head of an agency may determine and fix the maximum
age limit for an original appointment to a position as a firefighter or
law enforcement officer, as defined by section 8401 (14) or (17),
respectively, of this title.".
(Z) CLARIFYING AMENDMENTS.-Paragraphs (14xAxii) and (17)
of section 8401 are amended by striking "are required to be"
each place those words appear and inserting in lieu thereof
"should be".
(b) DEFINITION UNDER THE LIFE INSURANCE PROGRAM.-Section
8704(cx2) is amended by inserting "or 8401(17)" after "8331(20)".
(C) AMENDMENTS TO DEFINII'IONS.-
(1) LAW ENFORCEMENT OFFICERS.-Section 8401(17) is
amended-
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rutsl.lu Law luv-L38-JAN. 8, 1988 101 STAT. 1745
(A) by redesignating subparagraphs (B) and (C) as sub-
paragraphs (C) and (D), respectively;
(B) by inserting after subparagraph (A) the following:
"(B) an employee of the Department of the Interior or the
Department of the Treasury (excluding any employee under
subparagraph (A)) who occupies a position that, but for the
enactment of the Federal Employees' Retirement System Act of
1986, would be subject to the District of Columbia Police and
Firefighters' Retirement System, as determined by the Sec-
retary of the Interior or the Secretary of the Treasury, as
appropriate;"; and
(C) by amending subparagraph (C), as so redesignated by
subparagraph (A), to read as follows:
"(C) an employee who is transferred directly to a supervisory
or administrative position after performing duties described in
subparagraph (A) and (B) for at least 3 years; and".
(2) FIREFIGHTERS.-Section 8401(14xB) is amended by striking
"for at least 10 years" and inserting in lieu thereof "for at least 3
years".
(d) COORDINATION OF FERS WITH THE DISTRICT OF COLUMBIA
POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM FOR EMPLOYEES OF
THE PARK POLICE AND THE SECRET SERVICE.-
(1) IN GENERAL.-Section 4-607(1) of title 4 of the District of
Columbia Code is amended bey striking the period and inserting
in lieu thereof the following: `, but does not include an officer or
member of the United States Park Police force, or of the United
States Secret Service Division, whose service is employment for
the purposes of title II of the Social Security Act and chapter 21
of the Internal Revenue Code of 1986, and who is not excluded
from coverage under chapter 84 of title 5, United States Code,
by operation of section 8402 of such title.".
(2) CONFORMING AMENDMENT.-SeCtlOn 8401(11)(ixII) is
amended by striking "(other than an employee of the United
States Park Police, or the United States Secret Service, whose
civilian service after December 31, 1983, is such employment)".
(e) OFFSETS TO PREVENT FULL DOUBLE COVERAGE FOR EMPLOYEES 5 USC 8334 note.
OF THE PARK POLICE AND THE SECRET SERVICE.-NOtWlthstandlrig
any other provision of law, in the case of an employee of the United
States Secret Service or the United States Park Police whose pay is
simultaneously subject to a deposit requirement under the District
of Columbia Police and Firefighters' Retirement and Disability
System and the contribution requirement under section 3101(a) of
the Internal Revenue Code of 1986-
(1) any deposits under the District of Columbia Police and
Firefighters' Retirement and Disability System shall be
adjusted in a manner consistent with section 8334(k) of title 5,
United States Code (relating to offsets in deductions from pay to
reflect OASDI contributions); and
(2) any benefits payable under the District of Columbia Police
and Firefighters' Retirement and Disability System based on
the service of any such employee shall be ad"usted in a manner
consistent with section 8349 of title 5, 1'~nited States Code
(relating to offsets to reflect benefits under title II of the Social
Security Act).
(f) EFFECTIVE DATE.-This section, and the amendments made by 5 USC 3307 note.
this section, shall be effective as of January 1,1987.
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101 STAT. 1746 PUBLIC LAW 100-238-JAN. 8, 1988
SEC. 104. MILITARY SERVICE DEPOSITS BY SURVIVORS.
(a) Section 8422(e) is amended by adding at the end the following:
"(5) For the purpose of survivor annuities, deposits authorized by
this subsection may also be made by a survivor of an employee or
Member.".
(b) Section 8411(cx4xA) is amended by striking "subsection (fx4)"
and inserting in lieu thereof "section 8422(ex5)".
SEC. 105. DEPOSITS AND REFUNDS RELATING TO CERTAIN SERVICE
UNDER THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) DEPOSIT FOR .SERVICE COVERED BY REFUND PERMITTED ONLY IF
REFUND WAS PURSUANT TO APPLICATION FILED BEFORE BECOMING
SUBJECT 'r0 FERS.-Section 8411(fxl) is amended by adding at the
end the following: "A deposit under this paragraph may be made
only with respect to a refund received pursuant to an application
filed with the Office before the date on which the employee or
Member first becomes subject to this chapter.".
(b) LUMP~SUM CREDIT FOR CERTAIN CSRS .SERVICE SOUGHT AFTER
BECOMING SUBJECT TO FERS I3 PAYABLE TO THE EXTENT THAT IT
EXCEEDS 1.3 PERCENT of BASIC PAY.-The last sentence of section
8342(a), as added by section 207(h) of the Federal Emplo ees' Retire-
ment System Act of 1986 (Public Law 99-335; 100 tat. 596) is
amended to read as follows: "In applying this subsection to an
employee or Member who becomes subject to chapter 84 (other than
by an election under title III of the Federal Employees' Retirement
System Act of 1986) and who, while subject to such chapter, files an
application with the Office for a payment under this subsection-
"(i) entitlement to payment of the lump-sum credit shall be
determined without regard to paragraph (1) or (3) if, or to the
extent that, such lump~um credit relates to service of a type
described in clauses (i) through (iii) of section 302(ax1xC) of the
Federal Employees' Retirement System Act of 1986; and
"(ii) if, or to the extent that, the lump-sum credit so relates to
service of a type referred to in clause (i), it shall (notwithstand-
ing section 8331(8)) consist of-
"(I) the amount by which any unrefunded amount de-
scribed in section 8331(8) (A) or (B) relating to such service,
exceeds 1.3 percent of basic pay for such service; and
"(II) interest on the amount payable under subclause (I),
computed in a manner consistent with applicable provisions
of section 8331(8).".
5 USC 833: note. SEC. 106. OPTION FOR CERTAIN EMPLOYEES TO ELECT FERS COVERAGE.
Section 301(a) of the Federal Employees' Retirement System Act
of 1986 (Public Law 99-335; 100 Stat. 599) is amended by adding at
the end the following:
"(3XA) Except as provided in subparagraph (B), any individual-
"(i) who is excluded from the operation of subchapter III of
chapter 83 of title 5, United States Code, under subsection (g),
(i), (j), or (1) of.section 8347 of such title, and
"(ii) with respect to whom chapter 84 of title 5, United States
Code, does not apply because of section 8402(bX2) of such title,
shall, for purposes of an election under paragraph (1) or (2), be
treated as if such individual were subject to subchapter III of
chapter 83 of title 5, United States Code.
"(B) An election under this paragraph may not be made by any
individual who would be excluded from the operation of chapter 84
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of title 5, United States Code, under section 8402(c) of such title
(relating to exclusions based on the temporary or intermittent
nature of one's employment).".
SEC. 107. CERTAIN CSRS SERVICE CREDITABLE TO DETERMINE ELIGI- 5 USC 8331 note.
BILITY FOR 1.1 PERCENT ACCRUAL RATE.
Section 302(ax1XD) of the Federal Employees' Retirement System
Act of 1986 (Public Law 99-335;100 Stat. 602) is amended-
(1) by striking "and" at the end of subclause (IV);
(2) by striking the period at the end of subclause (V) and
inserting in lieu thereof ` ;and"; and
(3) by adding after subclause (V) the following:
"(VI) the provision of subsection (g) of section 8415 which
relates to the minimum period of service required to qualify
for the higher accrual rate under such subsection.".
SEC. 108. AMENDMENTS RELATING TO MISCELLANEOUS PROVISIONS OF
LAW EXTENDING COVERAGE OR BENEFITS UNDER CERTAIN
FEDERAL PROGRAMS TO INDIVIDUALS NOT OTHERWISE
ELIGIBLE.
(a) TERMINATION OF CERTAIN SPECIAL ELIGIBILrPY PROVI$IONS.-
(1) CIVIL SERVICE RETIREMENT SYSTEM.-Sectlori 8347 is
amended by adding at the end the following:
"(o) Any provision of law outside of this subchapter which pro-
vides coverage, service credit, or any other benefit under this sub-
chapter to any individuals who (based on their being employed by an
entity other than the Government) would not otherwise be eligible
for any such coverage, credit, or benefit, shall not apply with respect
to any individual appointed, transferred, or otherwise commencing
that type of employment on or after October 1,1988.".
(2) LIFE INSURANCE.-
(A) IN GENERAL.-Section 87 of title 5, United States
Code, is amended by inserting after section 8712 the
following:
"~ 8713. Effect of other statutes 5 USC 8713.
"Any provision of law outside of this chapter which provides
coverage or any other benefit under this chapter to any individuals
who (based on their being employed b~ an entity other than the
Government) would not otherwise be eligible for any such coverage
or benefit shall not apply with respect to any individual appointed,
transferred, or otherwise commencing that type of employment on
or after October 1,1988.".
(B) CHAPTER ANALYSIS.-The analysis for chapter 87 of
title 5, United States Code, is amended by inserting after
the item relating to section 8712 the following:
"8713. Effect of other statutes.".
(3) HEALTH INSURANCE.-
(A) IN GENEaAL.-Chapter 89 of title 5, United States
Code, is amended by adding at the end the following:
"~ 8914. Effect of other statutes 5 USC 8914.
"Any provision of law outside of this chapter which provides
coverage or any other benefit under this chapter to any individuals
who (based on their being employed b~- an entity other than the
Government) would not otherwise be elipble for an~+ such coverage
or benefit shall not apply with respect to any individual appointed,
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1 V 1 ~J 1 A 1. 1 f 425 r u tSLll~ LAW 100-238-JAN. 8, 1988
transferred, or otherwise commencing that type of employment on
or after October 1, 1988.".
(B) CHAPTER ANALYSIS.-The analyses for chapter 89 of
title 5, United States Code, is amended by adding at the end
the following:
"8914. Effect of other statutes.''.
(b) EXTENSION OF OFFSET PROVISIONS UNDER CHAPTER 83.-
(1) CONTRIBUTIONS.-Section 8334(k) is amended by adding at
the end the following:
"(4) In administering paragraphs (1) through (3)-
"(A) the term `an individual described in section 8402(bx2) of
this title' shall be considered to include any individual-
"(i) who is subject to this subchapter as a result of a
provision of law described in section 8347(0), and
"(ii) whose employment (as described in section 8347(0)) is
also employment for purposes of title II of the Social Secu-
rity Act and chapter 21 of the Internal Revenue Code of
1986; and
"(B) the term `Federal wages', as applied with respect to any
individual to whom this subsection applies as a result of
subparagraph (A), means basic pay for any employment re-
ferred to in subparagraph (Axii).".
(2) BENEFITS.-Section 8349 is amended by adding at the end
the following:
"(d) In administering subsections (a) through (c)-
"(1) the terms `an individual under section 8402(bX2)' and `an
individual described in section 8402(bx2)' shall each be consid-
ered to include any individual-
"(A) who is subject to this subchapter as a result of any
provision of law described in section 8347(0), and
"(B) whose employment (as described in section 8347(0)) is
also employment for purposes of title II of the Social Secu-
rity Act and chapter 21 of the Internal Revenue Code of
1986; and
"(2) the term `Federal service', as applied with respect to any
individual to whom this section applies as a result of paragraph
(1), means any employment referred to in paragraph (1xB)
performed after December 31, 1983.".
5 Usc s334 note. (3) EFFECTIVE DATE.-The amendments made by this subsec-
tion shall be effective as of January 1, 1987.
District of SEC. 109. CONTINUED COVERAGE UNDER CERTAIN FEDERAL EMPLOYEE
Columbia. BENEFIT PROGRAMS FOR CERTAIN EMPLOYEES OF SAINT
ELIZABETHS HOSPITAL.
(a) Ix GENERAL.-Section 207 of the Federal Employees' Retire-
ment System Act of 1986 (Public Law 99-335; 100 Stat. 594) is
amended by adding at the end the following:
5 USC 8331 note. "(O) An employee of Saint Elizabeths Hospital who is appointed to
a position in the government of the District of Columbia on
October 1, 1987, pursuant to the Saint Elizabeths Hospital and
District of Columbia Mental Health Services Act (Public Law 98-
621; 98 Stat. 3369 and following) shall, for purposes of chapters 83,
87, and 89 of title 5, United States Code, be treated in the same way
as an individual first employed bey the government of the District of
Columbia before October 1, 1987.' .
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FUBLIC LAW 1Q4-238-JAN. 8, 1988 101 STA3'. 1749
(b) The amendment made by this section shall be effective as of
October 1,1987.
SEC. -110. CREDITABILITY UNDER CSRS OF CERTAIN SERVICE PER- 5 USC 8332 note.
FORMED UNDER A PERSONAL SERVICE CONTRACT WITH THE
UNITED STATES.
(a) IN GENERAL.-
(1) CONDITIONS FOR RECEIVING CREDIT.-.Subject t0 the making
of a deposit under section 8334(c) of title 5, United States Code,
upon application to the Office of Personnel Management within
2 years after the date of the enactment of this Act, any individ-
ual who is an employee (as defined by section 8331(1) or 8401(11)
of such title) on such date shall be allowed credit under sub-
chapter III of chapter 83 of such title for any service if such
service was performed-
(A) before November 5,1985; and
(B) under a personal service contract with the United
States, except as provided in paragraph (3).
(2) CERTIFICATIUN.-
(A) IN GENERAL.-The Office shall, with respect to any
service for which credit is sought under this subsection,
accept the certification of the head of the agency which was
party to the contract referred to in paragraph (1xB), but
only if such certification-
(i) states that the agency had intended, through such
contract, that the individual involved (or that persons
like the individual involved) be considered as having
been appointed to a position in which such individual
would be subject to subchapter III of chapter 83 of title
5, United States Code; and
(ii) indicates the- period of service which was per-
formed under the contract by the individual involved,
and includes copies of appropriate records or other
documentation to support the determination as to the
length of such period.
(B) FINALrI'Y.-A decision by an agency head concerning
whether or not to make a certification under this para-
graph in any particular instance shall be at the sole
discretion of the agency head, and shall not be subject to
administrative or judicial review.
(3) ExcEPTION.-Nothing in this subsection shall apply with
respect to any service performed under-
(A) acontract for which any appropriations, allocations,
or funds were used under section 636(ax3) of the Foreign
Assistance Act of 1961;
(B) a contract entered into under section 10(ax5) of the
Peace Corps Act;
(C) a contract under which the services of an individual
may be terminated by a person other than the individual or
the Government; or
(D) a contract for a single transaction or a contract under
which services are paid for in a single payment.
(b) APPLICABILITY TO ANNUITANT3.-
(1) IN GENERAL.-In the case of any individual who-
(A) performed service for which credit is allowable under
subsection (a), and
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101 STAT. 1750 PUBLIC LAW 100-238-JAN. 8, 1988
(B) retired on an annuity payable under subchapter III of
chapter 83 of title 5, United States Code, after January 23,
1980, and before the date of the enactment of this Act,
any annuity under such subchapter based on the service of such
individual shall be redetermined to take into account the
amendment made by subsection (a) if application therefor is
made, and the deposit requirement under such subsection is
met, within 2 years after the date of the enactment of this Act.
(2) AMOUNTS TO WHICH APPLICABLE.-Any change in an annu-
ity resulting from a redetermination under paragraph (1) shall
be effective with respect to payments accruing for months
beginning after the date of the enactment of this Act.
SEC.. 111. EXCLUSION OF FOREIGN NATIONAL EMPLOYEES UNDER CSRS
FROM PARTICIPATING IN THE THRIFT SAVINGS PLAN.
(a) IN GENERAL.-Section 8351 is amended-
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
"(c) A member of the Foreign Service described in section 103(6) of
the Foreign Service Act of 1980 shall be ineligible to make any
election under this section.".
5 USC 8351 note. (b) EFFECTIVE DATE.-The amendments made by subsection (a)
shall be effective as of March 31, 1987. Any refund which becomes
payable as a result of the preceding sentence shall, to the extent
that such refund involves an individual's contributions to the Thrift
Savings Fund (established under section 8437 of title 5, United
States Code), be adjusted to reflect any earnings attributable
thereto.
SEC. 112. FOREIGN NATIONAL EMPLOYEES APPOINTED AFTER DECEM-
BER 1987 EXCLUDED FROM CSRS.
Section 8331(1) is amended-
(1) by striking "or" at the end of clause (x);
(2) by striking the period at the end of clause (xi) and insert-
ing in lieu thereof "; or"; and
(3) by adding after clause (xi) the following:
"(xii) a member of the Foreign Service (as described in
section 103(6) of the Foreign Service Act of 1980), appointed
after December 31, 1987.".
SEC. 113. EXCLUSION OF FOREIGN NATIONAL EMPLOYEES FROM FERS.
(a) NO ELECTION TO CONVERT FROM CSRS.-
(1) IN GENERAL.-Section 3O1(a) of the Federal Employees'
Retirement System Act of 1986 (Public Law 99-335; 100 Stat.
5 use s331 note. 599) is amended by adding at the end the following:
"(4) A member of the Foreign Service described in section 103(6) of
the Foreign Service Act of 1980 shall be ineligible to make any
election under this subsection.".
5 use s331 note. (2) EFFECTIVE HATE.-The amendment made by paragraph (1)
shall be effective as of June 30, 1987. Any refund which becomes
payable as a result of the preceding sentence shall; to the extent
that such refund involves an individual's contributions to the
Thrift Savings Fund (established under section 8437 of title 5,
United States Code), be adjusted_ao reflect any earnings attrib-
utable thereto. _
(b) ExclusloN FROM FERS.-
(1) IN GENERAL.-$eCtlOn 8401(11) is amended-
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PUBLIC LAW 100-238-JAN. 8, 1988 101 STAT. 1751
(A) by striking "or" at the end of clause (iXIII);
(B) by inserting "or" after the semicolon in clause (ii); and
(C) by adding at the end the following:
"(iii) a member of the Foreign Service described in section
103(6) of the Foreign Service Act of 1980;".
(2) EFFECTIVE nwTE.-The amendments made by paragraph (1) 5 USC 8401 note.
shall be effective as of January 1, 1987. Any refund which
becomes payable as a result of the preceding sentence shall, to
the extent that such refund involves an individual's contribu-
tions to the Thrift Savings Fund (established under section 8437
of title 5, United States Code), be adjusted to reflect any earn-
ings attributable thereto.
SEC. 114. EXCLUSION OF CERTAIN ONE-TIME GOVERNMENT CONTRIBU-
TIONS TO THRIFT SAVINGS PLAN.
Section 8432(d) is amended by adding at the end the fallowing:
"However, no contribution made under subsection (cX3) shall be
subject to, or taken into account, for purposes of the preceding
sentence.".
SEC. 115. GOVERNMENT'S 1 PERCENT THRIFT CONTRIBUTION NOT FOR-
FEITABLE FOR DEATH IN SERVICE.
Section 8432(8) is amended-
(1) in paragraph (1), by striking "Except,as provided in para-
graphs (2) and (3)," and inserting in lieu thereof "Except as
otherwise provided in this subsection,"; and
(2) by adding at the end the following:
"(4) Nothing in paragraph (2) or (3) shall cause the forfeiture of
any contributions made for the benefit of an employee, Member, or
Congressional employee under subsection (cXl), or any earnings
attributable thereto, if such employee, Member, or Congressional
employee is not separated from Government employment as of date
of death.".
SEC. 116. CLARIFICATION RELATING TO AMOUNTS SUBJECT TO LEGAL
PROCESS FOR CHILD SUPPORT OR ALIMONY.
Section 8437(eX3) is amended by adding at the end the following:
"For the purposes of this paragraph, an amount contributed for the
benefit of an individual under section 8432(cXl) (including any
earnings attributable thereto) shall not be considered part of the
balance in such individual's account unless such amount is non-
forfeitable, as determined under applicable provisions of section
8432(8).,'
SEC. 117. CLARIFICATION RELATING TO SOURCE OF FUNDING FOR
ADMINISTRATIVE EXPENSES OF THE THRIFT SAVINGS PLAN.
(a) Ix GENERAL.-Section 8437 is amended-
(1) in subsection (d), by inserting a period after "earnings in
such Fund" and by striking the matter thereafter; and
(2) in subsection (eXl), by inserting "subsection (d) and" before
"paragraphs (2) and (3),".
(b) EFFECT1vE DATE.-The amendments made by subsection (a) 5 USC 8437 note.
shall take effect on the first day of the first month beginning on or
after the date of the enactment of this Act.
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101 STAT. 1752 PUBLIC LAW 100-238-JAN. 8, 1988
5 USC 8331 note. SEC. I18. EXCLUSION FROM AGE-BASED REDUCTION UNDER CHAPTER 83
FOR CSRS PORTION OF ANNUITY MADE SUBJECT TO REDUC-
TION UNDER CHAPTER 84 FOLLOWING AN ELECTION INTO
FERS.
Section 302(ax4) of the Federal Employees' Retirement System
Act of 1986 (Public Law 99-335; 100 Stat. 603) is amended by adding
at the end the following: "Notwithstanding the preceding sentence,
in computing accrued benefits under this paragraph for an individ-
ual retiring under section 8412(8) or 8413(b) of title 5, United States
Code, section 8339(h) of such title (relating to reductions based on
age at date of separation) shall not apply.".
5 USC 8331 note. SEC. 119 INTEREST ON REFUNDS OF CERTAIN EXCESS CONTRIBUTIONS
BY INDIVIDUALS MAKING ELECTIONS UNDER TITLE III OF
THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM ACT OF
1986.
(a) FOR INDIVIDUALS ELECTING FERS COVERAGE.-Section 302(Cx2)
of the Federal Employees' Retirement System Act of 1986 (Public
Law 99-335; 100 Stat. 605), as amended by section 302(a) of the
Federal Employees' Retirement System Technical Corrections Act of
1986 (Public Law 99-556; 100 Stat. 3136), is amended to read as
follows:
"(2) In accordance with regulations prescribed by the Office of
Personnel Management, a refund under this subsection shall be
payable upon written application therefor filed with the Office and
shall include interest at the rate provided in section 8334(ex3) of
title 5, United States Code. Interest on the refund shall accrue
monthly and shall be compounded annually.".
(b) FOR INDIVIDUALS ELECTING COVERAGE UNDER CSRS WITH OFF-
SETS FOR SOCIAL .SECURITY.-The last Sentence Of SeCtlOn 303(a) Of the
Federal Employees' Retirement System Act of 1986 (Public Law 99-
335; 100 Stat. 605), as added by section 302(b) of the Federal Em-
ployees' Retirement System Technical Corrections Act of 1986
5 use 8331 note. (Public Law 99-556; 100 Stat. 3136), is amended to read as follows:
"A refund under this subsection shall be computed with interest in
accordance with section 302(cx2) and regulations prescribed by the
Office of Personnel Management.".
District of SEC. 120. EFFECTIVE DATE OF FINAL MERIT INCREASE UNDER THE
Columbia. PERFORMANCE MANAGEMENT AND RECOGNITION SYSTEM
FOR EMPLOYEES OF SAINT ELIZABETHS HOSPITAL.
la) Ix GENERAL.-Notwithstanding any other provision Of law, the
effective date of any merit increase under section 5404 of title 5,
United States Code, during calendar year 1987 shall, in the case of
any individual employed in or under Saint Elizabeths Hospital on
September 1, 1987, be considered to be the first day of the first
applicable pay period commencing on or after September 1 (rather
than October 1) of such year.
(b) DEFINITION.-For purposes of this section, "Saint Elizabeths
Hospital" refers to the institution identified under section 3(1) of the
Saint Elizabeths Hospital and District of Columbia Mental Health
Services Act (Public Law 98-621; 98 Stat. 3371).
SEC. 1'LI. DEADLINE FOR AGENCY CONTRIBUTIONS TO THRIFT SAVINGS
PLAN.
(a1 THE 1-PERCENT CONTRIBUTION.-Section 8432(cx1xA) ~s
amended-
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(1) by striking "At the end of ' and inserting in lieu thereof
"At the time prescribed by the Executive Director, but no later
than 12 days after the end of '; and
(2) by striking "at the end of each succeeding pay period," and
inserting in lieu thereof "within such time as the Executive
Director may prescribe with respect to succeeding pay periods
(but no later than 12 days after the end of each such pay
period),".
(b) AMOUNTS BASED ON INDIVIDUAL CONTRIBUTIONS.-The SeCOnd
sentence of section 8432(cx2xA) is amended by striking "at the end
of such pay period." and inserting in lieu thereof "within such time
as the Executive Director may prescribe, but no later than 12 days
after the end of each such pay period.".
SEC. 122. AMENDMENTS RELATING TO DISABILITY ANNUITIES.
(a) INITIAL DISABILITY ANNUITY OFFSET TO BE BASED ON ACTUAL
SOCIAL SECURITY DISABILITY INSURANCE BENEFIT; AMOUNT OF OFFSET
NOT SUBJECT TO ADJUSTMENT UNTIL AFTER THE FIRST YEAR.-SeC-
tion 8452(ax2xBxi) of title 5, United States Code, is amended to read
as follows:
"(Bxi) For purposes of this paragraph, the assumed disability
insurance benefit of an annuitant for any month shall be equal to-
"(I) the amount of the disability insurance benefit to which
the annuitant is entitled under section 223 of the Social Secu-
rity Act for the month in which the annuity under this sub-
chapter commences, or is restored, or, if no entitlement to such
disability insurance benefits exists for such month, the first
month thereafter for which the annuitant is entitled both to an
annuity under this subchapter and disability insurance benefits
under section 223 of the Social Security Act, adjusted by
"(II) all adjustments made under section 8462(b) after the end
of the period referred to in paragraph (1xAxi) (or, if later, after
the end of the month preceding the first month for which the
annuitant is entitled both to an annuity under this subchapter
and disability insurance benefits under section 223 of the Social
Security Act) and before the start of the month involved (with-
out regard to whether the annuitant's annuity was affected by
any of those adjustments).".
(b) REVISED METHOD FOR REDETERMINING A DISABILITY ANNUITY AT
AGE 62.-Section 8452(b) of title 5, United States Code, is amended
to read as follows:
"(bxl) Except as provided in subsection (d), if an annuitant is
entitled to an annuity under this subchapter as of the day before the
date of the sixty-second anniversary of the annuitant's birth (herein-
after in this section referred to as the annuitant's `redetermination
date'), such annuity shall be redetermined by the Office in accord-
ance with paragraph (2). Effective as of the annuitant's redetermina-
tion date, the annuity (as so redetermined) shall be in lieu of any
annuity to which such annuitant would otherwise be entitled under
this subchapter.
"(2xA) An annuity redetermined under this subsection shall be
equal to the amount of the annuity to which the annuitant would be
entitled under section 8415, taking into account the provisions of
subparagraph (B).
"(B) In performing a computation under this paragraph-
"(i) creditable service of an annuitant shall be increased by
including any period (ar periods) before the annuitant's redeter-
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urination date during which the annuitant was entitled to an
annuity under this subchapter; and
"(ii) the average pay which would otherwise be used shall be
adjusted to reflect all adjustments made under section 8462(b)
with respect to any period (or periods) referred to in clause (i)
(without regard to whether the annuitant's annuity was
affected by any of those adjustments).".
(C) METHOD FOR APPLYING COST-OF-LIVING ADJUSTMENTS TO CER-
TAIN DISABILITY ANNUITY PRDVISIONS.-
(1) MINIMUM DISABILITY ANNUITY AMOUNT SUBJECT TO ADJUST-
MENT AFTER THE FIRST YEAR.-SectlOn 8452 1S amended-
(A) by redesignating subsection (d) as subsection (dXl);
and
(B) by adding after subsection (dxl), as so redesignated,
the following:
"(2) In applying this subsection with respect to any annuitant, the
amount of an annuity so computed under section 8415 shall be
adjusted under section 8462 (including subsection (c) thereof)-
"(A) to the same extent, and otherwise in the same manner,
as if it were an annuity-
"(i) subject to adjustment under such section; and
"(ii) with a commencement date coinciding with the date
the annuitant's annuity commenced or was restored under
this subchapter, as the case may be; and
"(B) whether the amount actually payable to the annuitant
under this section in any month is determined under this
subsection or otherwise.".
(2) DISABILITY ANNUITY COLAS.-
(A) IN GENERAL.-SectiOri 8452(aX1xB) of title 5, United
States Code, is amended to read as follows:
"(B) An annuity computed under this paragraph-
"(i) shall not, during any period referred to in subparagraph
(A)(i), be adjusted under section 8462; but
"(ii) shall, after the end of any period referred to in subpara-
graph (Axi), be adjusted to reflect all adjustments made under
section 8462(b) after the end of the period referred to in
subparagraph (Axi), whether the amount actually payable to
the annuitant under this section in any month is determined
under this subsection or otherwise.".
(B) CLARIFYING AMENDMENT.-Section 8452(a) of title 5,
United States Code, is amended by adding at the end the
following:
"(3) Section 8462 shall apply with respect to amounts under this
subsection only as provided in paragraphs (1) and (2).".
5 USC 8452 note. (d) EFFECTIVE DATE.-The amendments made by this section shall
be effective as of January 1, 1987, as if they had been enacted as part
of the Federal Employees' Retirement System Act of 1986 (Public
Law 99-335; 100 Stat. 514 and following).
SEC. 123. CLARIFYING AMENDMENTS RELATING TO FUNDING.
FUIVD BALANCE.-Section 8331(18) is amended by adding at the
end the following:
"but does not include any amount attributable to-
"(i) the Federal Employees' Retirement System; or
"(ii) contributions made under the Federal Employees'
Retirement Contribution Temporary Adjustment Act of
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PUBLIC LAW 10U-238-JAN. 8, 1988 101 STAT. 1755
1983 by or on behalf of any individual who became subject
to the Federal Employees' Retirement System;".
SEC. 124. CONCURRENT ENTITLEMENT TO BENEFITS UNDER CHAPTER 81
AND CHAPTER 83 OR 84 OF TITLE 5, UNITED STATES CODE.
(a) IN GENERAL.-
(1) AMENDMENTS.-
(A) CSRS.-Section 8337 is amended by striking subsec-
tions (f) and (g) and inserting in lieu thereof the following:
"(f)(1) An individual is not entitled to receive-
"(A) an annuity under this subchapter, and
"(B) compensation for injury to, or disability of, such individ-
ual under subchapter I of chapter 81, other than compensation
payable under section 8107,
covering the same period of time.
"(2) An individual is not entitled to receive an annuity under this
subchapter and a concurrent benefit under subchapter I of chapter
81 on account of the death of the same person.
"(3) Paragraphs (1) and (2) do not bar the right of a claimant to the
greater benefit conferred by either this subchapter or subchapter I
of chapter 81.
"(g) If an individual is entitled to an annuity under this sub-
chapter, and the individual receives alump-sum payment for com-
pensation under section 8135 based on the disability or death of the
same person, so much of the compensation as has been paid for a
period extended beyond the date payment of the annuity com-
mences, as determined by the Department of Labor, shall be
refunded to that Department for credit to the Employees' Com-
pensation Fund. Before the individual- may receive the annuity, the
individual shall-
"(1) refund to the Department of Labor the amount represent-
ing the commuted compensation payments for the extended
period; or
"(2) authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing
payments. The amounts deducted and withheld from the annuity
shall be transmitted to the Department of Labor for reimbursement
to the Employees' Compensation Fund. When the Department of
Labor finds that the financial circumstances of an individual enti-
tled to an annuity under this subchapter warrant deferred refund-
ing, deductions from the annuity may be prorated against and paid
from accruing payments in such manner as the Department deter-
mines appropriate.".
(B) FERS.-Subchapter VI of chapter 84 is amended by
inserting after section 8464 the following:
"? 8464a. Relationship between annuity and workers' 5 USC 8464a.
compensation
"(aXl) An individual is not entitled to receive-
"(A) an annuity under subchapter II or V, and
"(B) compensation for injury to, or disability of, such individ-
ual under subchapter I of chapter 81, other than compensation
payable under section 8107,
covering the same period of time.
"(2) An individual is not entitled to receive an annuity under
subchapter IV and a concurrent benefit under subchapter I of
chapter 81 on account of the death of the same person.
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"(3) Paragraphs (1) and (2) do not bar the right of a claimant to the
greater benefit conferred by either this chapter or subchapter I of
chapter 81.
"(b) If an individual is entitled to an annuity under subchapter II,
IV, or V, and the individual receives slump-sum payment for
compensation under section 8135 based on the disability or death of
the same person, so much of the compensation as has been paid for a
period extended beyond the date payment of the annuity com-
mences, as determined by the Department of Labor, shall be
refunded to that Department for credit to the Employees' Com-
pensation Fund. Before the individual may receive the annuity, the
individual shall-
"(1) refund to the Department of Labor the amount represent-
ing the commuted compensation payments for the extended
period; or
"(2) authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing
payments. The amounts deducted and withheld from the annuity
shall be transmitted to the Department of Labor for reimbursement
to the Employees' Compensation Fund. When the Department of
Labor finds that the financial circumstances of an individual enti-
tled to an annuity under subchapter II, IV, or V warrant deferred
refunding, deductions from the annuity may be prorated against
and paid from accruing payments in such manner as the Depart-
ment determines appropriate.".
(2) CxAPTER ANALYSIS.-The analysis for chapter 84 is
amended by inserting after the item relating to section 8464 the
following:
"8464a. Relationship between annuity and workers' compensation.".
(b) TECxNICAL AND CONFORMING AMENDMENTS.-
(1)Subchapter V of chapter 84 is amended-
(A) by striking section 8456; and
(B) by redesignating section 8457 as section 8456.
(2) The analysis for chapter 84 is amended-
(A) by striking the item relating to section 8456; and
(B) by striking "8457" and inserting in lieu thereof
"8456".
5 USC 8337 note. (C) EFFECTIVE DATE.-
(1) IN GENERAL.-EXCept as provided in paragraph (2), the
amendments made by this section shall be effective as of Janu-
ary 1, 1987, and shall apply with respect to benefits payable
based on a death or disability occurring on or after that date.
(2) ExcEt'Tlox.-The amendment made by subsection (aX1xA)
shall take effect on the date of the enactment of this Act and
shall apply with respect to benefits payable based on a death or
disability occurring on or after that date.
5 USC 8432 note. SEC. 125. ELIGIBILITY OF CERTAIN INDIVIDUALS TO PARTICIPATE IN
THE THRIFT SAVINGS PLAN.
(a) DEFINITIONS.-For purposes of this section-
(1) the term "Executive Director" means the Executive Direc-
tor under section 8474 of title 5, United States Code; and
(2) the term "Thrift Savings Plan" refers to the program
under subchapter III of chapter 84 of title 5, United States Code.
(b) REGULATIUN3.-
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rut3Llc; Law lUU-238-JAN. 8, 1988 101 STAT. 1757
(1) Ilv GExERAL.-The Executive Director shall prescribe I?egu-
lations relating to participation in the Thrift Savings Plan by
an individual described in subsection (c).
(2) SPECIFIC MATTERS TO BE INCLUDED.-Under the regula-
tions-
(A) in computing a percentage of basic pay to determine
an amount to be contributed to the Thrift Savings Fund,
the rate of basic pay to be used shall be the same as that
used in computing any amount which the individual in-
volved is otherwise required, as a condition for participat-
ing in the Civil Service Retirement System or the Federal
Employees' Retirement System (as the case may be), to
contribute to the Civil Service Retirement and Disability
Fund; and
(B) an employing authority which would not otherwise
make contributions to the Thrift Savings Fund shall be
allowed, with respect to any individual under subsection (c)
who is serving under such authority, and at the sole discre-
tion of such authority, to make any contributions on behalf
of such individual which would be permitted or required
under the provisions of section 8432(c) of title 5, United
States Code, if such authority were the individual's employ-
ing agency under such provisions.
(c) APPLICABILITY.-This section applies with respect to-
(1) any individual participating in the Civil Service Retire-
ment System or the Federal Employees' Retirement System
as-
(A) an individual who has entered on approved leave
without pay to serve as a full-time officer or employee of an
organization composed primarily of employees (as defined
by section 8331(1) or 8401(11) of title 5, United States Code);
(B) an individual assigned from a Federal agency to a
State or local government under subchapter VI of chapter
33 of title 5, United States Code; or
(C) an individual appointed or otherwise assigned to one
of the cooperative extension services, as defined by section
1404(5) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103(5)); and
(2) any individual who is participating in the Civil Service
Retirement System as a result of a provision of law described in
section 8347(0).
(d) EFFECTIVE DATE.-
(1) Ix GENERAL.-EXCept as provided in paragraph (2), the
regulations prescribed under this section shall become effective
in accordance with the provisions of such regulations.
(2) EXCEPTION.-The regulations prescribed under this section
shall, with respect to individuals under subsection (cx1xC), be
effective as of January 1, 1987.
SEC. 126. SPECIAL PAY OF VETERANS' ADMINISTRATION PHYSICIANS
INCLUDED IN AVERAGE SALARY UNDER FERS.
Section 4118(fl of title 38, United States Code, is amended-
(1) in paragraph (1), by striking "81 or 83" and inserting in
lieu thereof "81, 83, or 84"; and
(2) in paragraph (2)-
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101 STAT. 1758 PUBLIC LAW 100-238-JAN. 8, 198$
(A) in the first sentence, by striking "chapter 83 of title
5" and inserting in lieu thereof "chapter 83 or 84 of title 5,
as the case may be";
(B) in the second sentence, by striking "section 8331(4)"
and all that follows thereafter through ` ; or" and inserting
in lieu thereof the following: "section 8331(4) or 8401(3) of
such title (as applicable) only-
"(A) for the purposes of computing benefits paid under
section 8337, 8341 (d) or (e), 8442(b), 8443, or 8451 of such
title; or"; and
(C) in subparagraph (B), by inserting "if" at the beginning
thereof.
5 USC 8341 note. SEC. 127. APPLICATION DEADLINE FOR CERTAIN FORMER SPOUSES.
Section 4(bx1XB) of the Civil Service Retirement Spouse Equity
Act of 1984 (Public Law 98-615; 98 Stat. 3205), as amended by section
201(b)(1)(C) of the Federal Employees Benefits Improvement Act of
1986 (Public Law 99-251;100 Stat.. 22), is amended-
(1) in clause (i), by inserting ", and before May 8, 1987"
before the semicolon; and
(2) by amending clause (iv) to read as follows:
"(iv) the former spouse files an application for the survi-
vor annuity with the Office on or before May 7, 1989; and";
and
(3) by amendin~ clause (v) by striking out "at the time of filing
such application ' and inserting in lieu thereof "on May 7,
1987".
5 USC 8334 note. SEC. 128. REFUNDS OF CERTAIN EXCESS DEDUCTIONS TAKEN AFTER 1983
TO OFFSET EMPLOYEES UNDER THE CIVIL SERVICE RETIRE-
MENT SYSTEM.
(a) REFUND ELIGIBILITY.-Ari individual shall upon written ap-
plication to the Office of Personnel Management, receive a refund
under subsection (b), if such individual-
(1) was subject to section 8334(a)(1) of title 5, United States
Code, for any period of service after December 31, 1983, because
of an election under section 208(ax1xB) of the Federal Em-
ployees' Retirement Contribution Temporary Adjustment Act of
19b3 (97 Stat. 1107; 5 U.S.C. 8331 note);
(2) is not eligible to make an election under section 301(b) of
the Federal Employees' Retirement System Act. of 1986 (Public
Law 99-335; 100 Stat. 599); and
(3) becomes subject to section 8334(k) of title 5, United States
Code.
(b) REFUND COMPUTATION.-Ari individual eligible for a refund
under subsection (a) shall receive arefund-
(1) for the period beginning on January 1, 1984, and ending on
December 31, 1986, for the amount by which-
(A) the total amount deducted from such individual's
basic pay under section 8334(axl) of title 5, United States
Code, for service described in subsection (axl) o; this sec-
tion, exceeds
(B) 1.3 percent of such individual's total basic pay for
such period; and
(2) for the period beginning on January 1, 1987, and ending on
the day before such indivldual becomes subject to section
8334(k) of title 5, United States Code, for the amount by which-
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(A) the total amount deducted from such individual's
basic pay under section 8334(axl) of title 5, United States
Code, for service described in subsection (aXl) of this sec-
tion, exceeds
(B) the total amount which would have been deducted if
such individual's basic pay had instead been subject to
section 8334(k) of title 5, United States Code, during such
period.
(C) INTEREST COMPUTATION.-A refund Under th1S SBCtlOn Shall be
computed with interest in accordance with section 8334(e) of title 5,
United States Code, and regulations prescribed by the Office of
Personnel Management.
SEC. 129. ADJUSTMENTS IN METHODS OF ANNUITY PAYMENTS FOR
YEARS WITH ZERO OR NEGATIVE INFLATION.
Section 8434(ax2) (C) and (D) of title 5, United States Code, is
amended to read as follows:
"(C) a method described in subparagraph (A) which pro-
vides for automatic adjustments in the amount of the annu-
ity payable so long as the amount of the annuity payable in
any one year shall not be less than the amount payable in
the previous year;
"(D) a method described in subparagraph (B) which pro-
vides for automatic adjustments in the amount of the annu-
ity payable so long as the amount of the annuity payable in
any one year shall not be less than the amount payable in
the previous year; and".
SEC. 130. COVERAGE UNDER THE FEDERAL EMPLOYEES' RETIREMENT
SYSTEM FOR INDIVIDUALS SUBJECT TO THE FOREIGN SERV-
ICE PENSION SYSTEM WHO ENTER FEDERAL EMPLOYMENT
OTHER THAN THE FOREIGN SERVICE.
Section 8402 of title 5, United States Code, is amended-
(1) in the matter following subparagraph (B) of paragraph (2)
of subsection (b) by inserting "subsection (d) of this section or"
before "title III"; and
(2) by inserting after subsection (c) the following new subsec-
tion (d):
"(d) Paragraph (2) of subsection (b) shall not apply to an individual
who becomes subject to subchapter II of chapter 8 of title I of the
Foreign Service Act of 1980 (relating to the Foreign Service Pension
System) pursuant to an election and who subsequently enters a
position in which, but for such paragraph (2), he would be subject to
this chapter.".
SEC. 131. ANNUITY COMPUTATIONS FOR THE FEDERAL EMPLOYEES'
RETIREMENT SYSTEM.
(a) SURVIVOR REDUCTION COMPUTATION.-.SectlOri 8419(a) Of title 5,
United States Code, is amended-
(1) in paragraph (1) by striking out ", shall be reduced" and
inserting in lieu thereof "or one-half of the annuity, if jointly
designated for this purpose by the employee or Member and the
spouse of the employee or Member under procedures prescribed
by the Office of Personnel Management, shall be reduced"; and
(2) in paragraph (2xA) b~ striking out ", shall be reduced" and
inserting in lieu thereof `or one-half of the annuity, if jointly
designated for this purpose by the employee or Member and the
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spouse of the employee or Member under procedures prescribed
by the Office of Personnel Management, shall be reduced".
(b) SuxvlvoR BENEFITS.-SectiOri 8442 of title 5, United States
Code, is amended-
(1) in subsection (aXl) by inserting after "with respect to the
annuitant," the following: "(or one-half thereof, if designated
for this purpose under section 8419 of this title),"; and
(2) in subsection (gxl) by inserting after "paragraph (2)" the
following: "(or one-half thereof if designated for this purpose
under section 8419 of this title)".
SEC. 132. LOANS FROM EMPLOYEES' CONTRIBUTION TO THE THRIFT SAV-
INGS FUND.
Section 8433(ix3) of title 5, United States Code, is amended to read
as follows:
"(3) Loans under this subsection shall be available to all
employees and Members on a reasonably equivalent basis, and
shall be subject to such other conditions as the Board may by
regulation prescribe. The restrictions of section 8477(cxl) of this
title shall not apply to loans made under this subsection.".
SEC. 133. FIDUCIARY RESPONSIBILITIES AND LIABILITIES IN MANAGE-
MENT OF THRIFT SAVINGS FUND.
(a) FIDUCIARY RESPONSIBILITIES AND LIABILITIES.-SectlOn 8477(e)
of title 5, United States Code, is amended-
(1) in paragraph (1XA) by inserting before the period at the
end of the first sentence a comma and "except as provided in
paragraphs (3) and (4) of this subsection";
(2) in paragraph (1xB) by striking out "Internal Revenue Code
of 1954' and inserting in lieu thereof "Internal Revenue Code of
1986";
(3) in paragraph (1xD) by inserting "only" before "if ' in the
matter preceding clause (i);
(4) by redesignating paragraphs (4) and (5) as paragraphs (7)
and (8), respectively; and
(5) by striking out paragraphs (2) and (3) and inserting in lieu
thereof:
"(2) No civil action may be maintained against any fiduciary with
respect to the responsibilities, liabilities, and penalties authorized or
provided for in this section except in accordance with paragraphs (3)
and (4).
"(3) A civil action may be brought in the district courts of the
United States-
"(A) by the Secretary of Labor against any fiduciary other
than a Member of the Board or the Executive Director of the
Board-
"(i) to determine and enforce a liability under paragraph
(1xA);
"(ii) to collect any civil penalty under paragraph (1XB);
"(iii) to enjoin any act or practice which vlolates any
provision of subsection (b) or (c);
"(iv) to obtain any other appropriate equitable relief to
redress a violation of any such provision; or
"(v) to enjoin any act or practice which violates subsec-
tion (gx2) or (h) of section 8472 of this title;
"(B) by any participant, beneficiary, or fiduciary against any
fiduciary-
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"(i) to enjoin any act or practice which violates any
provision of subsection (b) or (c);
"(ii) to obtain any other appropriate equitable relief to
redress a violation of any such provision;
"(iii) to enjoin any act or practice which violates subsec-
tion (gX2) or (h) of section 8472 of this title; or
"(C) by any participant or beneficiary-
"(i) to recover benefits of such participant or beneficiary
under the provisions of subchapter III of this chapter, to
enforce any right of such participant or beneficiary under
such provisions, or to clarify any such right to future
benefits under such provisions; or
"(ii) to enforce any claim otherwise cognizable under Claims.
sections 1346(b) and 2671 through 2680 of title 28, if the
remedy against the United States provided by sections
1346(b) and 2672 of title 28 for damages for injury or loss of
property caused by the negligent or wrongful act or omis-
sion of any fiduciary while acting within the scope of his
duties or employment is exclusive of any other civil action
or proceeding by the participant or beneficiary for recovery
of money by reason of the same subject matter against the
fiduciary (or the estate of such fiduciary) whose act or
omission gave rise to such action or proceeding, whether or
not such action or proceeding is based on an alleged viola-
tion of subsection (b) or (c).
"(4XA) In all civil actions under paragraph (3XA), attorneys ap-
pointed by the Secretary may represent the Secretary (except as
provided in section 518(a) of title 28), however all such litigation
shall be subject to the direction and control of the Attorney General.
"(B) The Attorney General shall defend any civil action or
proceeding brought in any court against any fiduciary referred to in
paragraph (3XCXii) (or the estate of such fiduciary) for any such
injury. Any fiduciary against whom such a civil action or proceeding
is brought shall deliver, within such time after date of service or
knowledge of service as determined by the Attorney General, all
process served upon such fiduciary (or an attested copy thereofl to
the Executive Director of the Board, who shall promptly furnish
copies of the pleading and process to the Attorney General and the
United States Attorney for the district wherein the action or
proceeding is brought.
"(C) Upon certification by the Attorney General that a fiduciary
described in paragraph (3XCXii) was acting in the scope of such
fiduciary's duties or employment as a fiduciary at the time of the
occurrence or omission out of which the action arose, any such civil
action or proceeding commenced in a State court shall be-
"(i) removed without bond at any time before trial by the
Attorney General to the district court of the United States for
the district and division in which it is pending; and
"(ii) deemed a tort action brought against the United States
under the provisions of title 28 and all references thereto.
"(D) The Attorney General may compromise or settle any claim Claims.
asserted in such civil action or proceeding in the manner provided in
section 2677 of title 28, and with the same effect. To the extent
section 2672 of title 28 provides that persons other than the Attor-
ney General or his designee may compromise and settle claims, and
that payment of such claims may be made from agency appropria-
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tions, such provisions shall not apply to claims based upon an
alleged violation of subsection (b) or (c).
claims. "(E) For the purposes of paragraph (3xCxii) the provisions of
sections 2680(h) of title 28 shall not apply to any claim based upon
an alleged violation of subsection (b) or (c).
claims. "(F) Notwithstanding sections 1346(b) and 2671 through 2680 of
title 28, whenever an award, compromise, or settlement is made
under such sections upon any claim based upon an alleged violation
of subsection (b) or (c), payment of such award, compromise, or
settlement shall be made to the appropriate account within the
Thrift Savings Fund, or where there is no such appropriate account,
to the participant or beneficiary bringing the claim.
"(G) For purposes of paragraph (3xCxii), fiduciary includes only
the Members of the Board and the Board's Executive Director.
"(5) Any relief awarded against a Member of the Board or the
Executive Director of the Board in a civil action authorized by
paragraphs (3) and (4) may not include any monetary damages or
any other recovery of money.
"(6) An action may not be commenced under paragraph (3) (A) or
(B) with respect to a fiduciary's breach of any responsibility, duty, or
obligation under subsection (b) or a violation of subsection (c) after
the earlier of-
"(A) 6 years after (i) the date of the last action which con-
stituted apart of the breach or violation, or (ii) in the case of an
omission, the latest date on which the fiduciary could have
cured the breach or violation; or
Fraud. "(B) 3 years after the earliest date on which the plaintiff had
actual knowledge of the breach or violation, except that, in the
case of fraud or concealment, such action may be commenced
not later than 6 years after the date of discovery of such breach
or violation.".
5 USC 8477 note. (b) EFFECTIVE DATE.-The provisions of section 8477(e) (1), (2), (3),
(4), (5), and (6) of title 5, United States Code (as amended by
subsection (a) of this section), shall apply to any civil action or
proceeding arising from any act or omission occurring on or after
October 1,1986.
5 USC 8477 and (c) REPEAL.-The provisions of subsection (a) (and the amendments
note. to section 8477(e) of title 5, United States Code, contained therein)
and subsection (b) of this section are repealed effective on Decem-
ber 31, 1990. On and after December 31, 1990, the provisions of
section 8477(e) of title 5, United States Code, shall be in effect as
such provisions were in effect on the date immediately preceding the
date of enactment of this section.
SEC. 134. AMENDMENTS CONCERNING REEMPLOYED ANNUITANTS.
(a) AMENDMENT TO CHAPTER 84 OF TITLE 5, UNITED .STATES CODE.-
Section 8468 is amended to read as follows:
5 USC 8468. "? 8468. Annuities and pay on reemployment
"(a) If an annuitant, except a disability annuitant whose annuity
is terminated because of the annuitant's recovery or restoration of
earning capacity, becomes employed in an appointive or elective
position, an amount equal to the annuity allocable to the period of
actual employment shall be deducted from the annuitant's pay,
except for lump-sum leave payment purposes under section 5551.
Unless the annuitant's appointment is on an intermittent basis or is
to a position as a justice or judge (as defined by section 451 of title
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28) or as an employee subject to another retirement system for
Government employees, or unless the annuitant is serving as Presi-
dent, deductions for the Fund shall be withheld from the annu-
itant's pay under section 8422(a) and contributions under section
8423 shall be made. The deductions and contributions referred to in
the preceding provisions of this subsection shall be deposited in the
Treasury of the United States to the .credit of the Fund. The
annuitant's lump-sum credit may not be reduced by annuity paid
during the reemployment.
"(bx1XA) If an annuitant subject to deductions under the second
sentence of subsection (a) serves on a full-time basis for at least 1
year, or on a part-time basis for periods equivalent to at least 1 year
of full-time service, the annuitant's annuity on termination of re-
employment shall be increased by an annuity computed under
section 8415 (a) through (fl as may apply based on the period of
reemployment and the basic pay, before deduction, averaged during
the reempplo ent.
"(Bxi) If the annuitant is receiving a reduced annuity as provided
in section 8419, the increase in annuity payable under subparagraph
(A) is reduced by 10 percent and the survivor annuity or combina-
tion of survivor annuities payable under section 8442 or 8445 (or
both) is increased by 50 percent of the increase in annuity payable
under subparagraph (A), unless, at the time of claiming the increase
payable under subparagraph (A), the annuitant notifies the Office in
writing that the annuitant does not desire the survivor annuity to
be increased.
"(ii) If an annuitant who is subject to the deductions referred to in
subparagraph (A) dies while still reemployed, after having been
reemployed for not less than 1 year of full-time service (or the
equivalent thereof, in the case of full-time employment), the survi-
vor annuity payable is increased as though the reemployment had
otherwise terminated.
"(2xA) If an annuitant subject to deductions under the second
sentence of subsection (a) serves on a full-time basis for at least 5
years, or on a part-time basis for periods equivalent to at least 5
years of full-time service, the annuitant may elect, instead of the
benefit provided by paragraph (1), to have such annuitant's rights
redetermined under this chapter.
"(B) If an annuitant who is subject to the deductions referred to in
subparagraph (A) dies while still reemployed, after having been
reemployed for at least 5 years of full-time service (or the equivalent
thereof in the case of part-time employment), any person entitled to
a survivor annuity under section 8442 or 8445 based on the service of
such annuitant shall be permitted to elect, in accordance with
regulations prescribed by the Office of Personnel Management, to
have such person's rights under subchapter IV redetermined. A
redetermined survivor annuity elected under this subparagraph
shall be in lieu of an increased annuity which would otherwise be
payable in accordance with paragraph (1xBxii).
`(3) If an annuitant subject to deductions under the second sen-
tence of subsection (a) serves on a full-time basis for a period of less
than 1 year, or on a part-time basis for periods equivalent to less
than 1 year of full-time service, the total amount withheld under
section 8422(a) from the annuitant's basic pay for the period or
periods involved shall, upon written application to the Office, be
payable to the annuitant (or the appropriate survivor or survivors,
determined in the order set forth in section 8424(d)).
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"(c) This section does not apply to an individual appointed to serve
as a Governor of the Board of Governors of the United States Postal
Service.
"(d) If an annuitant becomes employed as a justice or judge of the
United States, as defined by section 451 of title 28, the annuitant
may, at any time prior to resignation or retirement from regular
active service as such a justice or judge, apply for and be paid, in
accordance with section 8424(a), the amount (if any) by which the
lump-sum credit exceeds the total annuity paid, notwithstanding the
time limitation contained in such section for filing an application for
payment.
`(e) A reference in this section to an `annuity' shall not be
considered to include any amount payable from a source other than
the Fund.".
(b) AMENDMENT To FERSA.-Section 302(ax12) of the Federal
5 USC 8331 note. Employees' Retirement System Act of 1986 is amended to read as
follows:
"(12xAxi) If the electing individual is a reemployed annuitant
under section 8344 of title 5, United States Code, under conditions
allowing the annuity to continue during reemployment, payment of
the annuitant's annuity shall continue after the effective date of the
election, and an amount equal to the annuity allocable to the period
of actual employment shall continue to be deducted from the annu-
itant's pay and deposited as provided in subsection (a) of such
section. Deductions from pay under section 8422(a) of such title and
contributions under section 8423 of such title shall begin effective on
the effective date of the election.
"(ii) Notwithstanding any provision of section 301, an election
under such section shall not be available to any reemployed annu-
itant who would be excluded from the operation of chapter 84 of title
5, United States Code, under section 8402(c) of such title (relating to
exclusions based on the temporary or intermittent nature of one's
employment).
"(B) If the annuitant serves on a full-time basis for at least 1 year,
or on a part-time basis for periods equivalent to at least 1 year of
full-time service, such annuitant's annuity, on termination of
reemployment, shall be increased by an annuity computed-
"(i) with respect to reemployment service before the effective
date of the election, under section 8339 (a), (b), (d), (e), (h), (i), and
(n) of title 5, United States Code, as may apply based on the
reemployment in which such annuitant was engaged before
such effective date; and
"(ii) with respect to reemployment service on or after the
effective date of the election, under section 8415 (a) through (f) of
such title, as may apply based on the reemployment in which
such annuitant -was engaged on or after such effective date;
with the `average pay' used in any computation under clause (i) or
(ii) being determined (based on rates of pay in effect during the
period of reemployment, whether before, on, or after the effective
date of the election) in the same way as provided for in paragraph
(6). If the annuitant is receiving a reduced annuity as provided in
section 8339(j) or section 8339(kx2) of title 5, United States Code, the
increase in annuity payable under this subparagraph is reduced by
10 percent and the survivor annuity payable under section 8341(b) of
such title is increased by 55 percent of the increase in annuity
payable under this subparagraph, unless, at the time of claiming the
increase payable under this subparagraph, the annuitant notifies
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the Office of Personnel Management in writing that such annuitant
does not desire the survivor annuity to be increased. If the annu-
itant dies while still reemployed, after having been reemployed for
at least 1 full year (or the equivalent thereof, in the case of part-time
employment), any survivor annuity payable under section 8341(b) of
such title based on the service of such annuitant is increased as
though the reemployment had otherwise terminated. In applying
paragraph (7) to an amount under this subparagraph, any portion of
such amount attributable to clause (i) shall be adjusted under
subparagraph (A) of such paragraph, and any portion of such
amount attributable to clause (ii) shall be adjusted under subpara-
graph (B) of such paragraph.
"(Cxi) If the annuitant serves on a full-time basis for at least 5
years, or on a part-time basis for periods equivalent to at least 5
years of full-time service, such annuitant may elect, instead of the
benefit provided by subparagraph (B), to have such annuitant's
rights redetermined, effective upon separation from employment. If
the annuitant so elects, the redetermined annuity will become
payable as if such annuitant were retiring for the first time based on
the separation from reemployment service, and the provisions of
this section concerning computation of annuity (other than any
provision of this paragraph) shall apply.
"(ii) If the annuitant dies while still reemployed, after having Regulations.
been reemployed for at least 5 full years (or the equivalent thereof,
in the case of part-time employment), any person entitled to a
survivor annuity under section 8341(b) of title 5, United States Code,
based on the service of such annuitant shall be permitted to elect to
have such person's rights redetermined in accordance with regula-
tions which the Office shall prescribe. Redetermined benefits elected
under this clause shall be in lieu of any increased benefits which
would otherwise be payable in accordance with the next to last
sentence of subparagraph (B).
"(D) If the annuitant serves on a full-time basis for less than 1
year (or the equivalent thereof, in the case of part-time employ-
ment), any amounts withheld under section 8422(a) of title 5, United
States Code, from such annuitant's pay for the period (or periods)
involved shall, upon written application to the Office, be payable to
such annuitant (or the appropriate survivor or survivors, deter-
mined in the order set forth in section 8342(c) of such title).
"(E) For purposes of determining the period of an annuitant's
reemployment service under this paragraph, a period of reemploy-
ment service shall not be taken into account unless-
"(i) with respect to service performed before the effective date
of the election under section 301, it is service which, if per-
formed for at least 1 full year, would have allowed such annu-
itant to elect under section 8344(a) of title 5, United States Code,
to have deductions withheld from pay; or
"(ii) with respect to service performed on or after the effective
date of the election under section 301, it is service with respect
to which deductions from pay would be required to be withheld
under the second sentence of section 8468(a) of title 5, United
States Code.".
(C) TECHNICAL AMENDMENT.-Section 302(a)(4) of the Federal
Employees' Retirement System Act of 1986 is amended by striking 5 USC 8331 note.
out all before "benefits" and inserting "Accrued".
(d) EFFECTIVE DATE.- 5 USC 8468 note.
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(1) GENERALLY.-The amendments made by this section shall
take effect on the date of the enactment of this Act, and as
provided in paragraph (2), shall apply with respect to any
individual who becomes a reemployed annuitant on or after
such date.
(2) ExcErrloN.-The amendment made by subsection (b) shall
apply with respect to any election made by a reemployed annu-
itant on or after the date of the enactment of this Act.
Texas. SEC. 135. DESIGNATION OF UNITED STATES POST OFFICE BUILDING.
The United States Post Office Building located at 809 Nueces Bay
Boulevard, Corpus Christi, Texas, shall be designated and hereafter
known as the "Dr. Hector Perez Garcia Post Office Building". Any
reference in any law, map, regulation, document, record, or other
paper of the United States to that building shall be deemed to be a
reference to the "Dr. Hector Perez Garcia Post Office Building".
SEC. 136. CONTINUED COVERAGE FOR CERTAIN EMPLOYEES AND ANNU-
ITANTS OF THE ALASKA RAILROAD IN FEDERAL HEALTH
BENEFITS PLANS AND LIFE INSURANCE PLANS.
(a) AMENDMENT TO ALASKA RAILROAD TRANSFER ACT OF 1982.-
Section 607 of the Alaska Railroad Transfer Act of 1982 (45 U.S.C.
1206) is amended by adding at the end thereof the following new
subsection?
"(exl) Any person described under the provisions of paragraph (2)
may elect life insurance coverage under chapter 87 of title 5, United
States Code, and enroll in a health benefits plan under chapter 89 of
title 5, United States Code, in accordance with the provisions of this
subsection.
"(2) The provisions of paragraph (1) shall apply to any person
who-
"(A)(i) retired from the State-owned railroad during the
period~beginning on or after January 4, 1985 through the date of
enactment of this subsection; and
"(iixI) was covered under a life insurance policy pursuant to
chapter 87 of title 5, United Sates Code, on January 4, 1985, for
the purpose of electing life insurance coverage under the provi-
sions of paragraph (1); or
"(II) was enrolled in a health benefits plan pursuant to chap-
ter 89 of title 5, United States Code, on January 4, 1985, for the
purpose of enrolling in a health benefits plan under the provi-
sions of paragraph (1); or
"(Bxi) on the date of enactment of this subsection is an
employee of the State-owned railroad; and
"(iixI) has 26 years or more of service (in the civil service as a
Federal employee or as an employee of the State-owned rail-
road, combined) on the date of retirement from the State-owned
railroad; and
"(IIxaa) was covered under a life insurance policy pursuant to
chapter 87 of title 5, United States Code, on January 4, 1985, for
the purpose of electing life insurance coverage under the provi-
sions of paragraph (1); or
"(bb) was enrolled in a health benefits plan pursuant to
chapter 89 of title 5, United States Code, on January 4, 1985, for
the purpose of enrolling in a health benefits plan under the
provisions of paragraph (1).
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"(3) For purposes of this section, any person described under the
provisions of paragraph (2) shall be deemed to have been covered
under a life insurance policy under chapter 87 of title 5, United
States Code, and to have been enrolled in a health benefits plan
under chapter 89 of title 5, United States Code, during the period
beginning on January 5, 1985 through the date of retirement of any
such person.
"(4) The provisions of paragraph (1) shall not apply to any person
described under paragraph (2xB), until the date such person retires
from the State-owned railroad.".
(b) ADMINISTRATIVE PROVISIONS.-Wlthlri 18O days after the date 45 USC 1206
of enactment of this section, the Director of the Office of Personnel note.
Management shall notify any person described under the provisions
of section 607(e)(2xA) of such Act, for the purpose of the election of a
life insurance policy or the enrollment in a health benefits plan
pursuant to the provisions of section 607(exl) of the Alaska Railroad
Transfer Act of 1982 (as amended by subsection (a) of this section).
SEC. 137. Section 5402 of title 39, United States Code, is Alaska.
amended-
(1) in subsection (fl by striking out "January 1, 1989" and
inserting in lieu thereof "January 1, 1999"; and
(2) by adding at the end thereof the following new subsection:
"(gxl) The Postal Service, in selecting carriers of non-priority Mail.
bypass mail to any point served by more than one carrier in the Aircraft and air
State of Alaska, shall, at a minimum, require that any such carrier carriers.
shall-
"(A) hold a certificate of public convenience and necessity
issued under section 401 of the Federal Aviation Act of 1958 (49
U.S.C. 1371);
"(B) operate at least 3 scheduled flights each week to such
point;
"(C) exhibit an adherence to such scheduled flights to the best
of the abilities of such carrier; and
"(D) have provided scheduled service within the State of
Alaska for at least 12 months before being selected as a carrier
of non-priority bypass mail.
"(2) The Postal Service-
"(A) may provide direct mainline non-priority bypass mail
service to any bush point in the State of Alaska, without regard
to paragraph (1XB), if such service is equal to or better than
interline service in cost and quality; and
"(B) shall deduct the non-priority bypass mail poundage flown
on direct mainline flights to bush points within the State of
Alaska by any carrier, from such carrier's allocation of the total
poundage of non-priority bypass mail transported to the nearest
appropriate Postal Service hub point in any month.
"(3xA) The Postal Service shall determine the bypass mail bush
points and hub points described under paragraph (2xB) after con-
sultation with the State of Alaska and the affected local commu-
nities and air carriers.
"(B) Any changes in the determinations of the Postal Service
under subparagraph (A) shall bemade-
"(i) after consultation with the State of Alaska and the af-
fected local communities and air carriers; and
"(ii) after giving 12 months public notice before any such
change takes effect.
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TITLE II-FOREIGN SERVICE RETIREMENT
PART A-GENERAL PROVISIONS
SEC. 201. REFERENCES.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment or
repeal to a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Foreign
Service Act of 1980 (22 U.S.C. 4041 et seq.).
SEC. 202. FORMER SPOUSES MARRIED BETWEEN 9 MONTHS AND 10
YEARS.
(a) IN GENERAL.-Subchapter I of chapter 8 (22 U.S.C. 4041 et seq.)
is amended by adding after section 829 the following new section:
22 USC 4069-1. "SEC. 830. QUALIFIED FORMER WIVES AND HUSBANDS.-(a) NOtWlth-
standing section 4(h) of the Civil Service Retirement Spouse Equity
Act of 1984, section 827 of this Act shall apply with respect to
section 8339(j), section 8341(e), and section 8341(h) of title 5, United
States Code, and section 4 (except for subsection (b)) of the Civil
Service Retirement Spouse Equity Act of 1984 to the extent that
those sections apply to a qualified former wife or husband. For the
purposes of this section any reference in the Civil Service Retire-
ment Spouse Equity Act of 1984 to the effective date of that Act
shall be deemed to be a reference to the effective date of this section.
"(bxl) Payments pursuant to this section which would otherwise
be made to a participant or former participant based upon his
service shall be paid (in whole or in part) by the Secretary of State to
another person if and to the extent expressly provided for in the
terms of any court order or spousal agreement. Any payment under
this paragraph to a person bars recovery by any other person.
"(2) Paragraph (1) shall only apply to payments made by the
Secretary of State under this chapter after the date of receipt by the
Secretary of State of written notice of such court order or spousal
agreement and such additional information and documentation as
the Secretary of State may prescribe.
"(c) For the purposes of this section, the term `qualified former
wife or husband' means a former wife or husband of an individual
"(1) such individual performed at least 18 months of civilian
service creditable under this chapter; and
"(2) the former wife or husband was married to such individ-
ual for at least 9 months but not more than 10 years.
Regulations. "(d) Regulations issued pursuant to section 827 to implement this
Effective date. section shall be submitted to the Committee on Post Office and Civil
Service and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Governmental Affairs and
the Committee on Foreign Relations of the Senate. Such regulations
shall not take effect until 60 days after the date on which such
regulations are submitted to the Congress.".
(b) CONFORMING AMENDMENT.-The table Of Contents Iri S2CtlOn 2
of the Foreign Service Act of 1980 is amended by inserting after the
item relating to section 829 the following:
"Sec. 530. Qualified former wives and husbands.".
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SEC. 203. ELECTION TO PROVIDE SURVIVOR ANNUITY FOR CERTAIN 22 USC 4046
SPOUSES ACQUIRED BEFORE THE EFFECTIVE DATE OF THE note.
FOREIGN SERVICE ACT OF 1980.
(a) ELECTION.-A former participant who married his or her cur-
rent spouse before the effective date of the Foreign Service Act of
1980 and who married such spouse after retirement under the
Foreign Service Retirement and Disability System and who was
unable to provide a survivor annuity for such spouse because-
(1) the participant was married at the time of retirement and
elected not to provide a survivor annuity for that spouse at the
time of retirement, or
(2) subject to subsection (e), the participant failed to notify the
Secretary of State of the participant's post-retirement marriage
within one year after the marriage,
may make the election described in subsection (b).
(b) ELECTION DESCRIBED.-
(1) The election referred to in subsection (a) is an election in
writing-
(A) to provide for a survivor annuity for such spouse
under section 806(g) of the Foreign Service Act of 1980 (22
U.S.C. 4046(g));
(B) to have his or her annuity reduced under section
806(bx2) of such Act; and
(C) to deposit in the Foreign Service Retirement and
Disability Fund an amount determined by the Secretary of
State, as nearly as may be administratively feasible, to
reflect the amount by which such participant's annuity
would have been reduced had the election been continu-
ously in effect since the annuity commenced, plus interest
computed under paragraph (2).
(2) For the purposes of paragraph (1), the annual rate of
interest shall be 6 percent for each year during which the
annuity would have been reduced if the election had been in
effect on and after the date the annuity commenced.
(c) OFFSET.-If the participant does not make the deposit referred
to in subsection (bx1xC), the Secretary of State shall collect such
amount by offset against such participant's annuity, up to a maxi-
mum of 25 percent of the net annuity otherwise payable to such
participant. Such participant is deemed to consent to such offset.
(d) NOTICE.-The Secretary of State shall provide for notice to the
general public of the right to make an election under this section.
(e) PROOF OF ATTEMPTED ELECTION.-Iri any Case In Wh1Ch SubSeC-
tion (ax2) applies, the retired employee or Member shall provide the
Secretary of State with such documentation as the Secretary of
State shall decide is appropriate, to show that such participant
attempted to elect a reduced annuity with survivor benefit for his or
her current spouse and that such election was rejected by the
Secretary of State because it was untimely filed.
(fl DEPOSIT.-A deposit required by this subsection may be made
by the surviving spouse of the participant.
(g) LIMITATION.-The election authorized in subsection (a) may
only be made within one year after the date of enactment of this
title in accordance with procedures prescribed by the Secretary of
State.
(h) DEFINITIONS.-For the purposes of this section, the terms
"participant" and "surviving spouse" have the same meaning given
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101 STAT. 1770 PUBLIC LAW 100-238-JAN. 8, 1988
such terms in subchapter I of chapter 8 of the Foreign Service Act of
1980.
SEC. 'L04. BF.NF.FITS FOR CERTAIN FORMER SPOUSES OF ,~fEbiBERS OF
THF. FOREIGN SERVICE.
(a) Ix GE1vE1tA1..-Subchapter I of chapter 8 (?2 U.S.C. 3901 et seq.),
as amended by section 202 of this title, is amended by inserting after
section 830 the following:
22 USC 4069a-1. "SEC. 831. RETIREb1ENT BENEFITS FOR CERTAIN FORMER SPOUSES.
"(a) Any individual who was a former spouse of a participant or
former participant on February 14, 15)81, shall be entitled, to the
extent of available appropriations, and except to the extent such
former spouse is disqualified under subsection (b), to benefits-
"(1) if married to the participant throughout the creditable
service of the participant, equal to 50 percent of the benefits of
the participant; or
"(2) if not married to the participant throughout such cred-
itable service, equal to that former spouse's pro rata share of 50
percent of such benefits.
"(b) A former spouse shall not be entitled to benefits under this
section if-
"(1)the former spouse remarries before age 55; or
"(2) the former spouse was not married to the participant at
least 10 years during service of the participant which is cred-
itable under this chapter with at least 5 years occurring while
the participant was a member of the Foreign Service.
"(cxl) The entitlement of a former spouse to benefits under this
section-
"(A) shall commence on the later of-
"(i) the day the participant upon whose service the bene-
fits are based becomes entitled to benefits under this chap-
ter; or
"(ii) the first day of the month in which the divorce or
annulment involved becomes final; and
"(B) shall terminate on the earlier of-
"(i) the last day of the month before the former spouse
dies or remarries before 55 years of age; or
"(ii) the date of the benefits of the participant terminates.
"(2) Notwithstanding paragraph (1), in the case of any former
spouse of a disability annuitant-
"(A) the benefits of the former spouse shall commence on the
date the participant would qualify on the basis of his or her
creditable service for benefits under this chapter (other than a
disability annuity) or the date the disability annuity begins,
whichever is later, and
"(B) the amount of benefits of the former spouse shall be
calculated on the basis of benefits for which the participant
would otherwise so qualify.
"(3) Benefits under this section shall be treated the same as an
annuity under section 814(a)(7) for purposes of section 806(h) or any
comparable provision of law.
"(4)(A) Benefits under this section shall not be payable unless
appropriate written application is provided to the Secretary, com-
plete with any supporting documentation which the Secretary may
by regulation require, within 30 months after the effective date of
this section. The Secretary may waive the 30-month application
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requirement under this subparagraph in any case in which the
Secretary determines that the circumstances so warrant.
"(B) Upon approval of an application provided under subpara-
graph (A), the appropriate benefits shall be payable to the former
spouse with respect to all periods before such approval during which
the former spouse was entitled to such benefits under this section,
but in no event shall benefits be payable under this section with
respect to any period before the effective date of this section.
"(d) For the purpose of this section, the term `benefits' means-
"(1)with respect to a participant or former participant subject
to this subchapter, the annuity of the participant or former
participant; and
"(2) with respect to a participant or former participant subject
to subchapter II, the benefits of the participant or former
participant under that subchapter.
"(e) Nothing in this section shall be construed to impair, reduce,
or otherwise affect the annuity or the entitlement to an annuity of a
participant or former participant under this chapter.
"SEC. 832. SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES. 22 USC 40696-1.
"(a) Any individual who was a former spouse of a participant or
former participant on February 14, 1981, shall be entitled, to the
extent of available appropriations, and except to the extent such
former spouse is disqualified under subsection (b), to a survivor
annuity equal to 55 percent of the greater of-
"(1) the full amount of the participant's or former partici-
pant's annuity, as computed under this chapter; or
"(2) the full amount of what such annuity as so computed
would be if the participant or former participant had not with-
drawn alump-sum portion of contributions made with respect
to such annuity.
"(b) If an election has been made with respect to such former
spouse under section 2109 or 806(f), then the survivor annuity under
subsection (a) of such former spouse shall be equal to the full
amount of the participant's or former participant's annuity referred
to in subsection (a) less the amount of such election.
"(c) A former spouse shall not be entitled to a survivor annuity
under this section if-
"(1) the former spouse remarries before age 55; or
"(2) the former spouse was not married to the participant at
least 10 years during service of the participant which is cred-
itable under this chapter with at least 5 years occurring while
the participant was a member of the Foreign Service.
"(dxl) The entitlement of a former spouse to a survivor annuity
under this section-
"(A) shall commence-
"(i) in the case of a former spouse of a participant or
former participant who is deceased as of the effective date
of this section, beginning on such date; and
"(ii) in the case of any other former spouse, beginning on
the later of-
"(I) the date that the participant or former partici-
pant to whom the former spouse was married dies; or
"(II) the effective date of this section; and
"(B) shall terminate on the last day of the month before the
former spouse's death or remarriage before attaining the age 55.
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"(2xA) A survivor annuity under this section shall not be payable
unless appropriate written application is provided to the Secretary,
complete with any supporting documentation which the Secretary
may by regulation require, within 30 months after the effective date
of this section. The Secretary may waive the 30-month application
requirement under this subparagraph in any case in which the
Secretary determines that the circumstances so warrant.
"(B) Upon approval of an application provided under subpara-
graph (A), the appropriate survivor annuity shall be payable to the
former spouse with respect to all periods before such approval
during which the former spouse was entitled to such annuity under
this section, but in no event shall a survivor annuity be payable
under this section with respect to any period before the effective
date of this section.
"(e) The Secretary shall-
Regulations. "(1) as soon as possible, but not later than 60 days after the
effective date of this section, issue such regulations as may be
necessary to carry out this section; and
"(2) to the extent practicable, and as soon as possible, inform
each individual who was a former spouse of a participant or
former participant on February 14, 1981, of any rights which
such individual may have under this section.
"(f) Nothing in this section shall be construed to impair, reduce, or
otherwise affect the annuity or the entitlement to an annuity of a
participant or former participant under this chapter.
22 USC 4069c-1. "SEC. 833. HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES.
"(a) Except as provided in subsection (cxl), any individual-
"(1) formerly married to an employee or former employee of
the Foreign Service, whose marriage was dissolved by divorce or
annulment before May 7, -1985;
"(2) who, at any time during the 18-month period before the
divorce or annulment became final, was covered under a health
benefits plan as a member of the family of such employee or
former employee; and
"(3) who was married to such employee for not less than 10
years during periods of government service by such employee, is
eligible for coverage under a health benefits plan in accordance
with the provisions of this section.
Regulations. "(bXl) Any individual eligible for coverage under subsection (a)
may enroll in a health benefits plan for self alone or for self and
family if, before the expiration of the 6-month period beginning on
the effective date of this section, and in accordance with such
procedures as the Director of the Office of Personnel Management
shall by regulation prescribe, such individual-
"(A) files an election for such enrollment; and
"(B) arranges to pay currently into the Employees Health
Benefits Fund under section 8909 of title 5, United States Code,
an amount equal to the sum of the employee and agency
contributions payable in the case of an employee enrolled under
chapter 89 of such title in the same health benefits plan and
with the same level of benefits.
"(2) The Secretary shall, as soon as possible, take all steps
practicable-
"(A) to determine the identity and current address of each
former spouse eligible for coverage under subsection (a); and
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"(B) to notify each such former spouse of that individual's
rights under this section.
"(3) The Secretary shall waive the 6-month limitation set forth in
paragraph (1) in any case in which the Secretary determines that
the circumstances so warrant.
"(cxl) Any former spouse who remarries before age 55 is not
eligible to make an election under subsection (bxl).
"(2) Any former spouse enrolled in a health benefits plan pursu- regulations.
ant to an election under subsection (bxl) may continue the enroll-
ment under the conditions of eligibility which the Director of the
Office of Personnel Management shall by regulation prescribe,
except that any former spouse who remarries before age 55 shall not
be eligible for continued enrollment under this section after the end
of the 31-day period beginning on the date of remarriage.
"(d) No individual may be covered by a health benefits plan under
this section during any period in which such individual is enrolled
in a health benefits plan under any other authority, nor may any
individual be covered under more than one enrollment under this
section.
"(e) For purposes of this section the term `health benefits plan'
means an approved health benefits plan under chapter 89 of title 5,
United States Code.".
(b) CONFORMING AMENDMENT.-The table Of Contents lri S@CtlOri 2
of the Foreign Service Act of 1980 is amended by inserting after the
item relating to section 830 the following:
"Sec. 831. Retirement benefits for certain former spouses.
"Sec. 832. Survivor benefits for certain former spouses.
"Sec. 833. Health benefits For certain former spouses.".
SEC. 211. DEFINITION OF SURVIVING SPOUSE.
Paragraph (13) of section 804 (22 U.S.C. 4044) is amended-
(1) by striking out ", in the case of death in service or
marriage after retirement,";
(2) by striking out "one year" and inserting in lieu thereof "9
months"; and
(3) by inserting before the semicolon the following: ", except
that the requirement for at least 9 months of marriage shall be
deemed satisfied in any case in which the participant or annu-
itant dies within the applicable 9-month period, if-
"(A) the death of such participant or annuitant was
accidental; or
"(B) the surviving spouse of such individual had been
previously married to the individual and subsequently di-
vorced and the aggregate time married is at least 9
months".
SEC. 212. CONTRIBUTIONS FOR PRIOR SERVICE.
Paragraph (1) of section 805(d) (22 U.S.C. 4045(d)) is amended-
(1) by striking out "equal to" and inserting in lieu thereof
". Special contributions for purposes of subparagraph (A) shall
equal"; and
(2) by adding at the end thereof the following: "Special con-
tributions for refunds under subparagraph (B) shall equal the
amount of the refund teceived by the participant.".
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SEC. 213. COMPUTATION OF ANNUITIES.
(a) JOINT ELECTION TO WAIVE .SURVIVOR ANNUITY WITH RESPECT TO
A FORMER SPOUSE.-Subparagraph (C) of section 806(bxl) (22 U.S.C.
4046(bxl)) is amended by striking out "12-month" and inserting in
lieu thereof " 24-month".
(b) RECALL SERVICE.-Paragraph (2) of section 806(i) (22 U.S.C.
4046 (i)) is amended by striking out "section 814(b)" and inserting in
lieu thereof "this subchapter".
SEC. 214. SURVIVOR BENEFITS FOR CHILDREN.
(a) SURVIVOR BENEFITS FOR CHILDREN.-Section 806 of chapter 8
(22 U.S.C. 4046) (as amended by section 213 of this Act) is amended-
(1) in subsection (c), by inserting "or a former spouse who is
the natural or adoptive parent of a surviving child of the
annuitant" after "survived by a spouse" each place it appears;
and
(2) in subsection (d), by amending the first sentence to read as
follows: "On the death of the surviving spouse or former spouse
or termination of the annuity of a child, the annuity of any
other child or children shall be recomputed and paid as though
the souse, former spouse, or child had not survived the partici-
pant. '.
(b) DEATH IN SERVICE.-Section 809 (22 U.S.C. 4049) is amended-
(1) in subsection (c), by inserting "or a former spouse who is
the natural or adoptive parent of a surviving child of the
annuitant," after "spouse"; and
(2) in subsection (d), by inserting "or a former spouse who is
the natural or adoptive parent of a surviving child of the
annuitant," after "spouse,' .
SEC. 215. MINIMUM AGE REQUIREMENT.
(a) DISABILITY ANNUrPY.-Subsections (a) and (b) of section 808 (22
U.S.C. 4048) are each amended by striking out "65" each place it
appears and inserting in lieu thereof "60".
(b) DEATH IN SERVICE.-Subsection (e) of section 809 (22 U.S.C.
4049) is amended by striking out "65" and inserting in lieu thereof
"60".
SEC. 216. VOLUNTARY RETIREMENT.
Section 811 of chapter 8 (22 U.S.C. 4051) is amended by adding at
the end thereof the following: "The Secretary shall withhold consent
for retirement under this section by any participant who has not
been a member of the Service for 5 ears. Any participant who
voluntarily separates from the Service before completing 5 years in
the System and who, on the date of separation, would be eligible for
an annuity, based on a voluntary separation, under section 8336 or
8338 of title 5, United States Code, if the participant had been
covered under the Civil Service Retirement System rather than
subject to this chapter while a member of the Service, may receive
an annuity under section 8336 or 8338, notwithstanding section
8333(b) of title 5, United States Code, if all contributions transferred
to the Fund under section 805(cxl) of this Act, as well as all
contributions withheld from the participant's pay or contributed by
the employer, and deposited into the Fund during the period he or
she was subject to this chapter, including interest on these amounts,
are transferred to the Civil Service Retirement and Disability Fund
effective on the date the participant separates from the Service.".
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SEC. 217. FORMER SPOUSES.
(a) 5 YEAR FOREIGN .SERVICE REQUIREMENT.-Paragraph (1) of 22 USC 4054.
section 814(a) is amended by inserting "if such former spouse was
married to the participant for at least 10 years during service of the
participant which is creditable under this chapter with at least 5 of
such years occurrin~ while the participant was a member of the
Foreign Service and' after "annulty".
(b) COURT ORDER EFFECTIVE 24 MONTHS AFTER MARRIAGE IS
DISSOLVED.-Paragraph (4) of section 814(a) (22 U.S.C. 4054(a)) is
amended by striking out "12" and inserting in lieu thereof " 24".
(C) MONTHLY RATE OF ANNUITY NOT APPLICABLE IN CERTAIN
.SITUATION.-
(1) Subsection (1) of section 806 (22 U.S.C. 4046) is repealed.
(2) Subsection (d) of section 814 (22 U.S.C. 4054) is repealed.
SEC. 218. LUMP SUM PAYMENTS.
(a) REQUIREMENTS FOR PAYMENT.-$ubSeCtlOri (a) Of SBCtlOri 815 (22
U.S.C. 4055) is amended to read as follows:
"(axl) A participant is entitled to be paid a lump-sum credit if the
partici~ant-
`(A) is separated from the Service for at least 31 consecutive
days, or is transferred to a position in which the participant is
not s~ibject to this chapter and remains in such a position for at
least 31 consecutive days;
"(B) files an application with the Secretary of State for pay
ment of the lump-sum credit;
"(C) is not reemployed in a position in which the participant
is subject to this chapter at the time the participant files the
application;
`(D) will not become eligible to receive an annuity under this
subchapter within 31 days after filing the application; and
"(E) has notified any spouse or former spouse the participant
may have of the application for payment in accordance with
regulations prescribed by the Secretary of State.
Such regulations may provide for waiver of subparagraph (E) under
circumstances described in section 806(bxl)D).
"(2) Such lump-sum credit shall be paid to the participant and
to any former spouse of the participant in accordance with sub-
section (i).".
SEC. 219. COST OF LIVING ADJUSTMENTS.
Paragraph (1) of section 826(c) (22 U.S.C. 4066(c)) is amended to
read as follows:
"(1) The first increase (if any) made under this section to an
annuity which is payable from the Fund to a participant or to
the surviving spouse or former spouse of a deceased participant
who died in service or a deceased annuitant whose annuity was
not increased under this section, shall be equal to the product
(adjusted to the nearest '/i o of 1 percent) of-
"(A) '/i 2 of the applicable percent change computed under
subsection (b) of this section, multiplied by
"(B) the number of months (counting any portion of a
month as a month)-
"(i) for which the annuity was payable from the Fund
before the effective date of the increase, or
"(ii) in the case of a surviving spouse or former
spouse of a deceased annuitant whose annuity has not
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22 USC 4054
note.
been so increased, since the annuity was first payable
to the deceased annuitant.".
SEC. 241. DEFINITION OF LUMP-SUM CREDIT.
Section 852 of chapter 8 (22 U.S.C. 4071a) is amended-
(1) by redesignating paragraphs (3), (4), (5), (6), and (7) as
paragraphs (4), (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (2) the following new para-
graph:
"(3) the term `lump-sum credit' means the unrefunded
amount consisting of-
"(A) retirement deductions made from the basic pay of a
participant under section 856 of this chapter (or under
section 204 of the Federal Employees' Retirement Contribu-
tion Temporary Adjustment Act of 1983);
"(B) amounts deposited by a participant under section 854
to obtain credit under this System for prior civilian or
military service; and
"(C) interest on the deductions and deposits which, for
any calendar year, shall be equal to the overall average
yield to the Fund during the preceding fiscal year from all
obligations purchased by the Secretary of the Treasury
during such fiscal year under section 819, as determined by
the Secretary of the Treasury (compounded annually); but
does not include interest-
"(i) if the service covered thereby aggregates 1 year
or less; or
"(ii) for a fractional part of a month in the total
service;".
SEC. 24'L. CONTRIBUTION FOR CREDITABLE SERVICE OF EMPLOYEE OF A
r1F.bIBER OR OFFICE OF THE CONGRESS.
The second sentence of subsection (e) of section 854 (22 U.S.C.
4071c) is amended-
(1) by striking out "matching"; and
(2) by inserting "determined under section 857(a)" after
"participant)".
SEC. 243. CONFORMING AMENDMENT, HEALTH CARE.
Subsection (b) of section 904 (22 U.S.C. 4084) is amended by
inserting "or Foreign Service Pension System" after "Foreign Serv-
ice Retirement and Disability System".
SEC. 261. EFFECTIVE DATE.
(a) Ix GENERAL.-Except as provided in subsection (b), this title
and the amendments made by this title shall take effect 90 days
after the date of enactment of this title.
(b) EXCEPTIONS.-
(1) The amendments made by section 202 shall apply to any
individual who, on or after the date of enactment of this title, is
married to a participant or former participant.
(2) The amendment made by section 217(a) shall not apply
with respect to the former spouse of a participant or former
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participant who is subject toy subchapter I of chapter 8 of the
Foreign Service Act of 1980 if, on the date of enactment of this
title, that former spouse-
(A) was the spouse of that participant or former partici-
pant; or
(B) is entitled to an annuity under section 814 of the
Foreign Service Act of 1980 pursuant to the divorce or
annulment of the marriage to that participant or former
participant.
(C) DEFINITIONS.-For the purpose of this section, the terms
"participant" and "former participant" have the same meaning as
such terms in chapter 8 of the Foreign Service Act of 1980.
Approved January 8, 1988.
LEGISLATIVE HISTORY-H.R. 3395:
HOUSE REPORTS: No. 100-374 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 133 (1987):
Oct. 19, considered and passed House.
Dec. 19, considered and passed Senate, amended.
Dec. 21, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988):
Jan. 8, Presidential statement.
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