MAKING TECHNICAL CORRECTIONS RELATING TO THE FEDERAL RETIREMENT SYSTEM, AND FOR OTHER PURPOSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89-00066R000800020012-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 35
• Document Creation Date: December 27, 2016
• Document Release Date: December 11, 2012
• Sequence Number: 12
• Publication Date: October 1, 1987
• Content Type: REGULATION

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OOt ONGRESS
.ice SESSION
(oKs{t+w CSTaw ? of Item
R 3._
Making technical corrections relating to the Federal Employees'
Retirement, System, and for other purposes:
IN THE HOUSE OF REPRESENTATIVES
L_. 19 7
M:. FOP,D.of Michigan introdiced the following bill; which was
refer red to the Committee o.^. O4
A BILL
~E'.Z_:. C'.:. .',it
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1 SECTION 1. REFERENCES.
2 Except as otherwise expressly provided, whenever ?in this
3 Act an amendment or repeal -is.expressed in terms of an
4 amendment to, or a repeal of, a section or other provision,
5 the reference shat: be considered tc be made to a secti:. c-
6 other provision of title 5, United States Code.
7 SEC. 2. DEPOSITS FOR COVERED SERVICE AFTER 1986 FOR
` .-EJ,PLO.YEES 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
g: and, with respect to any such service
li follow,in
12 performed after December 31, 1986, be equal. to the amount
13 that would have been deducted from the employees basic pay
.4 under subsection (k) of this section if t:a employee's pay
15 had been subject to that subsection during such period..
6 SEC. 3. AKENDKENTS RELATING TO LAW ENFORCEKENT OFFICERS AND
FIREFIGHTERS.
:c (a) MAxiMUh'. ENTRY AGES.--
_9 (I) IN GENERAL.--Sec:-on 3307 is amended--
20 (A) in subsection (d), by striking may, with
the conc.::rence of such acen_ as the President may
22 designate, ' and inserting in lie,.: thereof 'ma-,,-' ' ;
_ne e- c _ne -- ~nc .
t e ! c~f ma_: Ix ne
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1 maximum age limit for an original appointment to a position
2 as a firefighter or law enforcement officer, as defiled by
3 section 8401(14) or (17), respectively, of this title.".
4 (2) CLARIFYING -AMENDMENTS;--Paragraphs (14)(A)(ii)
5 and (.7) of section 84C' are amended by striking 'are
required to be'' each place those words appear and
inserting in lieu thereof -should be''.
(b)..DEFINITI.ON :UNDER THE LIFE INSURANCE PROGRAM..--Section
9 8704(c)'(2) is amended by inserting "or 8401(17)"- after
10 8331(20).
11 (c) AMENDMENTS TO DEFINITIONS.?
12 (1). LAW ENFORCEMENT OFFICERS.--Section 8401(17) is
13 amended--
14 (A) by redesignating subparagraphs (E) anc (C) -is
15 subparagraphs (C) and (D), respectively;
16 (B) by inserting after subparagraph, (A) the
fc rowing
t3 an employee of the De.c_:rre:_ cf
cr the Department cf the T=eas:. . (exc_ud:. _ any e:- _:ye`
20 under subparagraph (A)) wt occupies a pcs:tio^ that, cat
2: for the enactment cf the Federal Employees Re:irerne n:
2= Cc_~um:.ia Pc:ice and Firefighters Re,::rene-_ Systen., as
24 de _E:..._re= by the Se=:e:a: v _.c the
22 Sys?er.. Act of 1986, would be subject to the District
Secretary cf tne -.: eas _ , a= and
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1 (C) by amending subparagraph (C), as so
2 redesignated by subparagraph (A), to read as follows:
(C) an employee who is transferred directly to
.4 a supervisory..or adldihi'sttatiye' positiati after.
performing duties described in subparagraph (A) or
6 (B); and".
7 (2) FIREFIGHTERS.--Section 8401(14)(B) is amended by
8 striking **.for at least 10 years
9 (d)-COORDINATION OF FERS WITH THEIISTRItT OF COLUM$IA'
10 POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM FOR EMPLOYEES OF
11 THE PARK POLICE AND THE.SECRET SERVICE.--
12 (1) IN GENERAL.--Section 4-607(l) of title 4 of the
13 District of Columbia Code is amended by striking the
14 . period and inserting in lieu thereof the following:
15. but does not. include an officer or riember of the United
16 . States Park Police force, or of the United States Secret
17 Service Division, whose service is employment for.the
18 purposes of title II of the Social Security Act and
19 chapter 21 of the Internal Revenue Code of 1986, and whc
20 is not excluded from coverage under chapter 84 of title
21 5, United States Code, by operation of section 8402 of
22 such title.".
23 (2) CONFORMING AMENDMENT.--Section 8401(11)(i)(II) i
24 amended by striking (other than an employee of the
25 . United States Park Police, or the United States Secret
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5
Service, whose civilian service after December 31, 1983,
is such employment)".
? : ~9 - `..:. ~~.:-~F~SEIS: TO Pf l;1IENT... FUL't DOUBLE ?OYERAGE FOR EMf~.4YE?S
4 OF THE PARK POLICE AND THE SECRET SERVICE.--Notwithstanding
5 any other provision of law,.in the case of an employee of the
6 United States Secret Service or the United States Park Police
7 whose pay is simultaneously subject to a deposit requirement
undez-the- 'District of- Columbia Police-and-.Firefighters'..... .
9 Retirement and Disability System and the contribution
10 requirement under section 3101(a) of the Internal Revenue
11 Code of 1986--
12 (1) any deposits under the District of Columbia
13 Police and Firefighters' Retirement and Disability System
14 shall be adjusted in a manner consiste-it with section
15 8334(k) of title 5, United States Code (relating to
16 offsets in deductions from pay to reflect OASDI
17 contributions); and
18 (2) any benefits payable under the District of
19 Columbia Police and Firefighters Retirement and
20 Disability System based on the service of any such
21 employee shall be adjusted in a manner consistent with
22 section 8349 of title 5, United States Code (relating to
23 offsets to reflect benefits under title II of the Social
24 Security Act).
2: (f) EFFECTIVE DATE.--:his section, and the amendments,
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1
made by this section shall be effective as of January 1,
2
1987.
att". ? 4 .?' l4ILITARY SERVI~ DEPOSITS BY .SURVIVORS .
.'}.
..T~ t mended by adding at the end
A (a) Section 8422(!) s a
5
following:
the'-
(5) For the purpose of survivor annuities, deposits
7 authorized by this subsection may also'be made by a survivor
8 of an employee;.or?Member.
9 (b) Section 8411(c)(4)(A) isacnended.by striking
10 subsection (f)(4)' and inserting in hieu?.thereof
%section
11 8422(e.) (5)
12 SEC. 5. DEPOSITS AND REFUNDS RELATING TO.CERTAIN SERVICE
13 UNDER THE CIVIL SERVICE RETIREMENT SYSTEK..
14 (a) DEPOSIT FOR SERVICE COVERED SY REFUND PERMITTED ONLY
15 IF REFUND WAS PURSUANT TO APPLICATION FILED BEFORE BECOMING
16 SUBJECT TO FERS.--Section 8411(f)(1) is amended by adding at
17 the end the.following: .,.A deposit under tpis paragraph may
18 be made only. with respect to a. refund received pu:suant. to a
19 application filed with the Office before the date on which
20 the employee or Member first becomes subject'to this
21 chapter.. ,
22 (b) LUMP-SUM CREDIT FOR CERTAIN CSRS SERVICE SOUGHT AFTER
23 BECOMING SUBJECT TO FERS IS PAYABLE TO THE EXTENT THAT IT
24 EXCEEDS 1.3 PERCENT OF BASIC PAY.--The last sentence of
25 section 8342(a), as added by section 207(h).of the Federal
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 7
1 EmployeesI Retirement System Act of 1986 (Public Law 99-335;
2 100 Stat. 596) is amended to read as follows: 'lIn applying
},. t.his.,subsection to an employee or Member who becomes subject
:, . .
'to Chapter 84 (other than by -an elec'tion' under title III- of
5 the Federal EmployeesI Retirement System Act of 1986) and
6 who, while subject to such chapter, files an application with
7 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(1) or
10- (3) if, or to-the extent that,.such lump-sum credit
it relates to service of a type described in clauses (i)
12 through (iii) of section 302(a)(1)(C) of the Federal
13 Employees Retirement System Act of 1986; and
14 (ii) if, or :o the extent that, the lump-sum credit
15 so relates to service of a type referred to in clause
16 (i), it shall (notwithstanding section 8331(8)) consist
(1) the amount by which any ;nrefunded amount
19 described in section 8331(8)(A) or (B) relating to
20 such service, exceeds 1.3 percent of basic pay for
21 such service; and
22 .. (II) interest on the amount payable under
23 subclause (I), computed in a manner consistent with
applicable provisions of section 6331(8)-
25 SEC. 6. OPTION FOR CERTAIN EKPLOYEES TO ELECT FERS COVERAGE.
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Section 301(a) of the Federal Employees' Retirement
2
System Act of 1986 (Public Law 99-335; 100 Stat. 599
is
.3.-.amended. by adding at the end the following
4
(3)(A) Except as provided in subparagraph -(s)
any
5
individual--
6
(i) who is excluded from the operation of
7
subchapter.III of chapter 83 of title 5, United States
8
Code, under subsection (g), (i), (j), or (1) of section
9
8347 of such title, and
10 ..(ii) with respect to-whom chapter 84 of title 5,
11 United States Code, does not apply because of section
12 8402(b)(2) of such title,
13 shall, for purposes of an election under paragraph (1) or
14 (2) b?= treated as if such individual were subject to
15 subchapter III of chapter 83 of title 5, United States Code.
16 (B) An election under this paragraph may not be made by
17 any individual who would be excluded from,> he operation of
18 chaste: 84 of title 5, United States Code, under section
19 8402(c) of such title (relating to exclusions based on the
20 temporary or intermittent nature of ones employment).
2: SEC. 7. CERTAIN CSRS SERVICE CREDITABLE TO DETERMINE
22 ELIGIBILITY FOR 1.1 PERCENT ACCRUAL RATE.
23 Section 302(a)(1)(D) of the Federal Employees Retirement
24 Sy=stem. Act of 1986 (Public Law 99-335; 100 Stat. 602) is
2: amended-
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 9
(1) by striking and at the end of subclause (IV);
(2) by striking the period at the end of subcl ause
(V) and inserting in lieu thereof and"; and
4 .~ ' ( 3 ) by,:aa*aing after s.ubc'Iause (V) the? fb1,iowing :
" (VI) the provision of subsection (g) of section
6 8415 which relates to the minimum period of service
7 required to qualify for the higher accrual rate under
8 such subsection..
9 SEC. S. AMENDMENTS RELATING TO MISCELLANEOUS PROVISIONS OF
.10 LAW EXTENDING COVERAGE OR BENEFITS UNDER
11 CERTAIN FEDERAL PROGRAMS TO INDIVIDUALS NOT
OTHERWISE ELIGIBLE.
12
13 (a) TERMINATION OF CERTAIN SPECIAL ELIGIBILITY
14 PROVISIONS.--
15 (1) CIVIL SERVICE RETIREMENT SYSTEM.--Section 8347 is
16 amended by adding at the end the following:
(o) Any provision of law outside of this subchapter
18 which provides coverage, service credit, or any other benefit
19 under this subchapter to any individuals who (based on their
20 being employed by an entity other than the Government) wo;:Id
21 not otherwise be eligible for any such coverage, credit, or
22 benefit, shall not apply with respect to any individual
23 appointed, transferred, or otherwise commencing that type of
24 employment on or after October 1, 1988.''.
25 (2) LIFE INSURANCE.--
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(A) IN GENERAL.--Section 8713 of title 5, United
States Code, is amended to
read as follows:
r
S8713. Effect of other statutes
Any provision' of law outside
of this chapter which
5 provides coverage or any other benefit under this chapter to
6 any individuals who (based on their being employed by an
7 entity other than the Government) would not otherwise be
8 eligible for any such coverage or benefit shall not apply
9 with respect to any individual appointed, transferred, or
10 otherwise commencing that type of employment on or after
11 October 1, 1988.".
(B) CHAPTER ANALYSIS.--The analysis for chapter
13 87 of title 5, United States Code, is amended by
14 striking the item relating to section 8713 and
15 inserting in lieu thereof the following:
8713. Effect of other statutes.''.
16 (3) HEALTH INSURANCE.--
(A) IN GENERAL.--Charter 8: of title 5, United
i8 States Code, is amended by adding. at the end the
19 following:
20 " 58914. Effect of other statutes
2: Any provision of law outside of this chapter which
22 provides coverage or any other benefit under this chapter to
22 any individuals who (based on their being employed by an
2; entity other than the Government) would not otherwise
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 ?1
1 eligible for any such coverage or benefit shall not apply
2 with respect to any individual appointed, transferred or
3 otherwise commencing that type of employment on or after
4 October 1, 1988.
5 (B) CHAPTER ANALYSIS.--The analysis for chapter
6 89 of title 5, United States Code, is amended by
7 adding at the end the following:
" 8914. Effect of other statutes.
8 (b) EXTENSION OF OFFSET PROVISIONS UNDER CHAPTER 83.--
9 (1) CONTRIBUTIONS.--Section 8334(k) is amended by
10 adding at the end the following:
11 " (4) In administering paragraphs (1) through (3)--
12 " (A) the term *an individual described in section
13 8402(b)(2) of t`is title shall be considered to include
14 any individual--
..(i) who is subject to this subchapter as a
16 result of a provision of law described in section
i7 8347(0), ant.
lg (ii) whose employment (as described in section
19 8347(0)) is also employment for purposes of title II
20 of the Social Security Act and chapter 21 of the
21 Internal Revenue Code of 1986; and
22 (B) the term Federal wages , as applied with
22 respect to any individual to whom this subsection applies
24 as a result cf subparagraph (A), means basic pay for any
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 employment referred to in subparagraph (A)(ii).".
(2) BENEFITS.--Section 8349 is amended by adding at
the end the following:
(d) In administers-ngsusections (-a) through ?(c)--
(1) the terms 'an individual under section
6 8402(b)(2)' and -an individual described in section
7 8402(b)(2)' shall each be'considered to include any
8 individual--
11 8347(0), and
9 ''(A) who is subject to this subchapter as a
10 result of any provision-of law described. in section
(B) whose employment (as described in section
13 8347(0)) is also employment for purposes of title II
14 of t-.e Social Security Act and chapter 21 of the
15 Inte_nal Revenue Code of 1986; and
16 '(2) the term Federal service', as applied with
17 respect to any individual to whom this section apples as
i8 a res.;1t of paragraph (1), means any employment referred
19 to in paragraph (1)(B) performed after December 31,
20 1983. .
21 SEC. 9. CONTINUED COVERAGE UNDER CERTAIN FEDERAL EMPLOYEE
22 BENEFIT PROGRAMS FOR CERTAIN EMPLOYEES OF SAINT
23 ELIZABETHS HOSPITAL.
24 (a) IN GENERAL.--Section 207 of the Federal Employees'
25 Retirement System Act of 1986 (Public Law 99-335; 100 Stat.
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-X` 11
13
1 594) is amended by adding at the end the following:
2 " (o) An employee of Saint Elizabeths Hospital whp is
3 appointed to a position in the government of the District of
4 Columbia'on October 1, ?1987, pursuant to the Saint Elizabeths
5 Hospital and District of Columbia Mental Health Services Act
6 (Public Law 98-621; 98 Stat. 3369 and following) shall, for
7 purposes of chapters 83, 87, and 89 of title 5, United States
8 Code, be treated in the same way as an individual first
9 employed by the government of the District of Columbia before
10 October 1, 1987..".
11 (b) The amendment made by this section shall be effective
12 as of October 1, 1987.
13 SEC. 10. CREDITABILITY UNDER CSRS OF CERTAIN SERVICE
14 PERFORMED UNDER A PERSONAL SERVICE CONTRACT
15 WITH THE UNITED STATES.
16 (a) IN GENERAL.--
(I) CONDITIONS FOR RECEIVING CREDIT.--Subject to the
18 making of a deposit under section 8334(c) of title 5.
19 United States Code, upon application to the office of
20 Personnel Management within 2 years after the date of the
21 enactment of this Act, any individual who is an employee
22 (as defined by section 8331(1) or 8401(11) of such title)
23 on such date shall be allowed credit under subchapter
of chapter 83 of such title for any service if such
2:5 service was performed--
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14
(A) before November 5, 1985; and
(B) under a personal service contract wit the
3 United States, except as provided in paragraph (3).
4 (2) CERTIFICATION.--
5 (A) IN GENERAL.--The office shall, with respect
6 to any service for which credit is sought under this
7 subsection, accept the certification of the head of
8 the agency which was party to the contract referred
9 to in paragraph (1)(B), but only if such
10 certification--
11 (i) states that the agency had intended,
12 through such contract, that the individual
13 involved (or that persons like the individual
14 involved) be consi=ered as having been appoirtesi
15 to a position id the civil service; and
16 (ii) indicates the period of service which
17 was performed under the contract by the
18 individual involved., and. includes copies of
19 appropriate records or other documentation tc
20 support the determination as to the length of
21 such period.
22 (B) FINALITY.--A decision by an agency head
23 concerninc whether or not to make a certification.
24 under this paragraph in any particular instance s!~a__
25 be at the sole discretion of the agency head, an=
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4 apply with respect to any'service performed under--
(A) a contract for which any appropriations,
6 allocations, or funds were used under section
7 636(a)(3) of the Foreign Assistance Act of 1961; or
(B) a contract entered into under section
9 10(a)(5) of the Peace Corps Act.
10 (b) APPLICABILITY TO ANNUITANTS.--
11 (1) IN GENERAL.--In the case of any individual who--
shall not be subject to administrative or judicial
(3) EXCEPTION.--Nothing in this subsection shall
review.
(A) performed service for which credit is
13 allowable under subsection (a), and
(B) retired on an annuity payable under
15 subchapter III of chapter 83 of title 5, United
16 States Code, after January 23, 1980, and before the
date of the enactment of this Act,
18 any annuity under such subchapte- based on the service of
19 such individual shall be rede_e:mrined to take into
20 account the amend.rnent made by subsection (a) if
21 application therefor is made, and the deposit requirement
22 under such subsection is met, withir. l year after the
23 date of the enactment of this Act.
24 (2) AMOUNTS TO WHICH APPLICABLE.--Any change in an
25 annuity resulting from a redete:r::nation under pa:acraph
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 FORDMIO1S
16
1
(1) shall be effective with respect to payments accruing
2
for months beginning after the date of the enactmt nt of
3
this Act.
4
SEC. 11. EXCLUSION OF FOREIGN NATIONAL EMPLOYEES UNDER CSRS'
5
FROM PARTICIPATING IN THE THRIFT SAVINGS PLAN.
6
(a)
IN GENERAL.--Section 8351 is amended--
7
(1) by redesignating subsection (c) as subsection
8
(d); and
9
(2) by inserting after subsection (b) the following:
10 (c) A member of the Foreign Service described in
11 section 103(6) of the Foreign Service Act of 1980 shall be
12 ineligible to make any election under this section.".
13 (b) EFFECTIVE DATE.--The amendments made by subsection
14 (a) shall be effective as of March 31, 1987. Any refund which
.15 becomes payable as a result of the preceding sentence shall,
16 to the extent that such refund involves an individuals
17 contributions to the Thrift Savings Fund (.e=tablished under
16 section 8437 of title 5, United States Code;, be ad used tc
19 reflect any earnings attributable thereto.
20 SEC. 12. FOREIGN NATIONAL EMPLOYEES APPOINTED AFTER SEPTEMBER
2' 1987 EXCLUDED FROM CSRS.
22 Section 8331(1) is amended--
23 (1) by striking or at the end c` clause (x);
24 (2) by st:ikir.c the period at the end of clause (xi)
25 and inserting in lieu thereof
or ' ; and
;
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'`. .~V....:~~'-....tti',l.~< .;; du.~a ~iV Fie. .: Sk??....ii . ._ ~:, ~~":+, .. ~'. l.'._. ._.!_JS'. t3.~!i~Y. t?Z `.'.''et+- ~.. _ .. 'u {j_ ~t2C~ rr 7: ne'ay; _~~ ~ .., ~3~n
3 described in section 103(6) of the Foreign Service
4 Act of 1980), appointed after December 31, 1987. .
5 SEC. 13. EXCLUSION OF FOREIGN NATIONAL EMPLOYEES FROM FERS.
6 (a) No ELECTION TO CONVERT FROM CSRS.--
7 (1) IN GENERAL.--Section 301(a) of the Federal
8 EmployeesI Retirement System Act of 1986 (Public Law 99-
9 335; 100 Stat. 599) is amended by adding at the end the
10 following:
17
(3) by adding after clause (xi) the following:
(xii) a member of the Foreign Service (las
11 43) A member of the Foreign Service described in
12 section 103(6) of the Foreign Service Act of 1980 shall be
13 ineligible to make any election under this subsection..
14 (2) EFFECTIVE DATE.--The amendment made by paragraph
15 (1) shall be effective as of June 30, 1987. Any refund
16 which becomes payable as a result of the preceding
1-7 sentence shall, to the extent that suc4- refund ir.vc:ves
18 an individual's contributions to the Thrift Sayincs Fund
19 (established under section 8437 of title 5, United States
20 Code), be adjusted to reflect any earnings attributable
21 thereto.
22 (b) ExCLUSION FROM FERS.--
23 (1) IN GENERAL.--Section 840s(ll) is amended--
c: s~: ikine at the end of clause
-c:- 2
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FROM I 01
(B) by inserting "or'' after the semicolon in
clause (ii); and
3 (C) by adding at the end the following:
4 ~(iii) a member of the Foreign Service described
5 in section 103(6) of the Foreign Service Act of
6 1980;.
7 (2) EFFECTIVE DATE.--The amendments made by paragraph
8 (1) shall be effective as of January 1, 1987. Any refund
9 which becomes payable as a result of the preceding
10 sentence shall, to the extent that such refund involves
11 an individuals contributions to the Thrift Savings Fund
12 (established under section 8437 of title 5, United States
13 Code), be adjusted to reflect any earnings attributable
14 thereto.
15 SEC. 14. EXCLUSION OF CERTAIN ONE-TIKE GOVERNMENT
16 CONTRIBUTIONS TO THRIFT SAVINGS PLAN.
Section 8432(d) is amended by adding the end the
lE foi lowing: However, no contribution made i.nder s~bse::icy.
19 (c)(3) shall be subject tc, or taken into account, for
20 purposes of the preceding sentence.''.
21 SEC. 15. GOVER1MENT'S 1 PERCENT THRIFT CONTRIBUTION NOT
22 FORFEITABLE FOR DEATH IN SERVICE.
23 Section 8432(g) is amended--
2; (1) in paracrapr. (M.;, by st7.-**K-"n:,
Except as
2= pr:,vided in paragraphs (2) and (3), and inserting in
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 u~.;l 1~; i.n~ys Declassified and Approved For Relea{sMe~~2012/12/11: CIA-RDP89-00066R000800020012-2
~'` t1~r-r~.:' ar C`5..".t~'~ S)7" i~ ?'r 7.Si+?n ~~, 's`,Y TiT,^jwi 3; MTS... .?vrT"..;l :.-n[".SF..Y- ./j ~x ti ..? J,,:1,.e' ~_ }!'.
a". yYn,? "S7. M .Ct~A".rRTt t :S l~ 4 '1}.
1 lieu thereof "Except as otherwise provided in this
subsection,"; and
(2) by adding at the end the following:
4 (4) Nothing in paragraph (2) or (3) shall cause the
5 forfeiture of any contributions made for the benefit of an
6 employee, Member, or Congressional employee under subsection
7 (c)(1), or any earnings attributable thereto, if such
8 employee, Member, or Congressional employee is not separated
9 from Government employment as of date of death. " .
10 SEC. 16. CLARIFICATION RELATING TO AMOUNTS SUBJECT TO LEGAL
11 PROCESS FOR CHILD SUPPORT OR ALIMONY.
12 Section 8437(e)(3) is amended by adding at the end the
13 following: .. For the purposes of this paragraph, an amount
14 contributed for the benefit c` an individual under secti'cl
15 8432(c)(1) (including any earnings attributable thereto)
16 shall not be considered part of the balance in such
11 individuals account unless such amount isn onforfeitable, as
16 determined under applicable p-ovisior.s of section 8432(g;.
19 SEC. 17. CLARIFICATION RELATING TO SOURCE OF FUNDING FOR
ADMINISTRATIVE EXPENSES OF TSE THRIFT SAVINGS
PLAN.
22 Section 8437 is amended--
23 (l) in subsection (d), by inserting a period after
24 . earnings in such Fund'' and by strikinc the matter
25 thereafter; and
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 20
(2) in subsection (e)(1), by inserting **subsection
2 (d) and" before *'paragraphs (2) and (3), 0.-
3 SEC. 18. EXCLUSION FROM AGE-BASED REDUCTION UNDER CHAPTER 83
4 FOR CSRS PORTION OF ANNUITY MADE SUBJECT TO
5 REDUCTION UNDER CHAPTER 84 FOLLOWING AN
6 ELECTION INTO FERS. -
7 Section 302(a)(4) of the federal Employees' Retirement
8 System Act of 1986 (Public Law 99-335; 100 Stat. 603) is
9 amended by adding at the end the following: 'Notwithstanding
10 the preceding sentence, in computing accrued benefits under
11 this paragraph for an individual retiring under section
12 8412(g) or 8413(b) of title 5, United States Code, section
13 8339(h) of such title (relating to reductions based on age at
14 date of separation) shall not apply. -
15 SEC. 19. INTEREST ON REFUNDS OF CERTAIN EXCESS CONTRIBUTIONS
16 BY INDIVIDUALS MAKING ELECTIONS UNDER TITLE III
OF THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM ACT
18 OF 1986.
i9 (a) FOR INDIVIDUALS ELECTING FERS COVERAGE.--Section
20 302(c)(2) of the Federal Employees Retirement System Act of
2. :986 (Public Law 99-335; 100 Scat. 605), as amended by
22 section 302(a) of the Federal Employees' Retirement System
23 Technical Corrections Act of 1986 (Public Law 99-556; 100
24 Stat. 3136), is amended to read as follows:
..(2) In accordance with regulations prescribed by the
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 Declassified and Approved For Release 2012/12/11: CIA-RDP89-00066R000800020012-2
~: . _ .. . ~ . ~' . ; .. .- ; - r',~`xc! ? ~- ys _y'! ~. r;5h ._ .{.._ _ ?m~.~~, it .. _ . r A
1 Office of Personnel Management, a refund under this
2 subsection shall be payable upon written application ;therefor
3 filed with the Office and shall include interest at the rate
4 provided in section 8334(e)(3) of title 5, United States
5 Code. Interest on the refund shall accrue monthly and shall
6 be compounded annually.''.
7 (b) FOR INDIVIDUALS ELECTING COVERAGE UNDER CSRS WITH
8 OFFSETS FOR SOCIAL SECURITY.--The last sentence of section
9 303(a) of the Federal Employees Retirement System Act of
10 1986 (Public Law 99-335; 100 Stat. 605), as added by section
11 302(bl of the Federal Employees' Retirement System Technical
12 Corrections Act of 1986 (Public Law 99-556; 100 Stat. 3136),
13 is amended to read as follows: A refund under this
14 subsection shall be computed with interest in accordance with
15 section 302(c)(2) and regulations prescribed by the.-Office of
16 Personnel Management..
l7 SEC. 20. EFFECTIVE DATE OF FINAL MERIT INC)EASE UNDER THE
18 PERFORMANCE MANAGEMENT AND RECOGNITION SYSTEM
19 FOR EMPLOYEES OF SAINT ELIZABETES HOSPITAL.
20 (a) IN GENERAL.--Notwithstanding any other provision of
21 law, the effective date of any merit increase under section
22 5404 of title 5, United States Code, during calendar year
23 1987 shall,
in the case of any individual employed in or
24 under Saint Elizabeths Hospital on Septe..?be: 1, 1987, be
25 considered tc be the first day of the first applicable pay
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 1 period commencing on or after September 1 (rather than
3 (b) DEFINITION.--For purposes of this section, Saint
4 Elizabeths Hospital" refers to the institution identified
5 under section 3(1) of the Saint Elizabeths Hospital and
6 District of Columbia Mental Health Services Act (Public Law
7 98-621; 98 Stat. 3371).
8 SEC. 21. DEADLINE FOR AGENCY CONTRIBUTIONS TO THRIFT SAVINGS
9 PLAN.
10 (a) THE 1-PERCENT CONTRIBUTION.--Section 8432(c)(1)(A) is
11 amended--
12 (1) by striking "At the end of" and inserting in
13 lieu thereof "At the time prescribed by the Executive
14 Director, but no later than 12 days after the end of";
15 and
16 (2) by striking at the end of each succeeding pay
i7 period, and inserting in lieu therep: within such
:8 time as the Executive Director may prescribe with respect
i9 to succeeding pay periods (but no later than 12 days
20 after the end of each such pay period),.
21 (b) AMOUNTS BASED ON INDIVIDUAL CONTRIBUTIONS.--The
22 second sentence of section 8432(c)(2)(A) is amended by
2 October 1) of such year.
23 striking at the end of such pay period.' and inserting in
24 lie_ thereof within such time as the Executive Director may
25 prescribe, but no later than 12 days after the end of each
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 I such pay period.''.
2 SEC. 22. AKENDKENTS RELATING TO DISABILITY ANNUITIES t
3 (a) INITIAL DISABILITY ANNUITY OFFSET TO BE BASED ON
4 ACTUAL SOCIAL SECURITY DISABILITY INSURANCE BENEFIT; AMOUNT
5 OF OFFSET NOT SUBJECT TO ADJUSTMENT UNTIL AFTER THE FIRST
6 YEAR.--Section 8452(a)(2)(B)(i) of title 5, United States
7 Code, is amended to read as follows:
8 '(B)(i) For purposes of this paragraph, the assumed
9 disability insurance benefit of an annuitant for any month
10 shall be equal to--
11 " (I) the amount of the disability insurance benefit
12 to which the annuitant is entitled under section 223 of
13 the Social Security Act for the month in which the
14 annuity under this subchapter commences, or is restored,
15 or, if no entitlement to such disability insurance
16 benefits exists for such month, the first month
1 thereafter for which the annuitant is entitled both to an
1E annuity under this subchapter and disability insurance
19 benefits under section 223 of the Social Security Act,
20 adjusted by
21 " (II) all adjustments made under section 8462(b)
22 after the end of the period referred to in paragraph
22 (1)(A)(i) (or, if later, after the end of the month
24 precedin; the first month for which the annuitant is
2: entitled both to an annuity under this subchapter and
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 2 Social Security Act) and before the start of the month
3 involved (without regard to whether the annuitant s
4 annuity was affected by any of those adjustments).".
5 (b) REVISED METHOD FOR REDETERMINING A DISABILITY ANNUITY
6 AT AGE 62,--Sectior. 8452(b) of title 5, United States Code,
7 is amended to read as follows;
disability insurance benefits under section 223 of the
(b)(1) Except as provided in subsection (d), if an
9 annuitant is entitled
10 of the day before the
11 the annuitant s birth
12 to as the annuitant s
13 shall be redetermined
to an annuity under this subchapter as
date of the sixty-second anniversary of
(hereinafter in this section referred
redetermination date ), such annuity
by the Office in accordance with
14 paragraph (2). Effective as of the annuitant's
15 redetermination date, the annuity (as so redetermined) shall
16 be in lieu of any annuity to which such annuitant would
17 otherwise be entitled under this subchapter.
18 ..(2)(A) An annuity redetermined under this subsection
19 shall be equal to the amount of-the annuity to which the
2G annuitant would be entitled under section 8415, taking into
21 account the provisions of subparagraph (B).
- (B) In performing a computation under this paragrap^--
(i) creditable service of an annuitant shall be
24 increased by including any period (or periods) before the
2: annuitants redeterrr.inaticn date during which the
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annuitant was entitled to an annuity under this
subchapter; and
3 ..(ii) the average pay which would otherwise be used
4 shall be adjusted to reflect all adjustments made under
5 section 8462(b) with respect to any period (or periods)
6 referred to in clause (i) (without regard to-whether the
7 annuitants annuity was affected by any of those
8 adjustments)..
9 (c) METHOD FOR APPLYING COST-OF-LIVING ADJUSTMENTS TO
10 CERTAIN DISABILITY ANNUITY PROVISIONS.--
11 (1) MINIMUM DISABILITY ANNUITY AMOUNT SUBJECT TO
12 ADJUSTMENT AFTER THE FIRST YEAR.--Section 8452 is
13 amended--
14 (A) by redesignating subsection (d) as subsection
15 (d)(1); and
16 (B) by adding after subsection (d)(1), as so
17 redesignated, the following:
18 (2) In applying this subsection with respect to any
19 annuitant, the amount of an annuity so computed under section
20 8415 shall be adjusted under section 8462 (including
21 subsection (c) thereof)--
22 (A) to the same extent, and otherwise in the same
23 manner, as if it were an annuity--
24 ''(i) subject to adjustment under such section;
25 and
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FORDHIOIS
~(ii) with a commencement date coinciding with
the date the annuitants annuity commenced or. was
restored under this subchapter, as the case may be;
and
'(B) whether the amount actually payable to the
6 annuitant under this section in any month is determined
7 under this subsection or otherwise.
8 (2) DISABILITY ANNUITY COLAs.--
9 (A) IN GENERAL.--Section 8452(a)(1)(B) of title
10 5, United States Code, is amended to read as follows:
" (B) An annuity computed under this paragraph--
12 ''(i) shall not, during any period referred?to in
13 subparagraph (A)(i), be adjusted under section 8462; but
14 %% (ii) shall, after the end of any period referred to
15 in subparagraph (A)(i), be adjusted ?:o reflect all
16 adjustments made under section 8462(b) after the end of
17 the period referred to in subparagraph (A)(i), whether
18 the amount actually payable to the ar:uitant under this
19 section in any month is determined ur:der this subsection
20 or otherwise. .
21 (B) CLARIFYING AMENDMENT.--Section 8452(a) of
22 title 5, United States Code, is amended by add:nc a:
2_1 the end the following:
24 (3) Section 8462 shall apply with respect to amounts
2: under :his subsection only as provided in paragraphs (1) and
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r.~.ra=
1 (2).?
2 (d) EFFECTIVE DATE.--The amendments made by this Otection
3 shall be effective as of January 1, 1987, as if they had been
4 enacted as part of the Federal Employees Retirement System
5 Act of 1986 (Public Law 99-335; 100 Stat. 514 and following).
6 SEC. 23. CLARIFYING AMENDMENTS RELATING TO FUNDING.
7 (a) FUND BALANCE.--Section 8331(18) is amended by adding
8 at the end the following:
9 but does not include any amount attributable to--
(i) the Federal Employees Retirement System;
12 (ii) contributions made under the Federal
13 Employees' Retirement Contribution Temporary
14 Adjustment Act of 1983 by or on behalf of any
.15 individual who became subject to the Federal
16 Employees' Retirement System;".
17 (b) Section 8423(b)(1) is amended by striking the period
1E and inserting in lieu thereof except that in computing
19 any supplemental liability under subparagraph (B), any
20 benefits, deductions, or other amounts may not be taken into
21 account unless they relate to a period of service performed
22 by the current or former employee involved while subject to
23 this chapter..
24 SEC. 24. CONCURRENT ENTITLEMENT TO BENEFITS UNDER CHAPTER 81
25 AND CHAPTER 83 OR 84 OF TITLE 5, UNITED STATES
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FORDMI01S
4 (A) CSRS.--section 8337 is amended by striking
5 subsections (f) and (g) and inserting in lieu thereof
6 the following:
7 (f)(1) An individual is not entitled to receive--
8 " (A) an annuity under this subchapter, and
CODE.
2 (a) IN GENERAL.--
3 (1) AMENDMENTS.-
(B) compensation for injury to, or disability of,
10 such individual under subchapter I of chapter 81, other
11 than compensation payable under section 8107,
12 covering the same period of time.
13 (2) An individual is not entitled to receive an annuity
14 under this subchapter and a concurrent benefit under
15 subchapter I of chapter.81 on account of the death of the
16 same person.
17 (3) Paragrap-:s (1) and (2) do not bar the right of a
18 claimant to the greater benefit conferred by either this
19 subchapter or subchapter I of chapter 81.
20 . 1 (g) If an individual is entitled to an annuity under
21 this subchapter, and the individual. receives a lump-surr,
22 payment for compensation under section 8135 based on the
23 disability or death of the same person, so much of the
24 compensation as has been paid for a period extended beyond
25 the date payment of the annuity conmences, as determined by
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Y >, J
1 the Department of Labor, shall be*refunded to that Department
2 for credit to the Employees' Compensation Fund. Beforg the
3 individual may receive the annuity, the individual shall--
4 (1) refund to the Department of Labor the amount
5 representing the commuted compensation payments for the
6 extended period; or
(2) authorize the deduction of the amount from the
8 annuity.
9 Deductions from the annuity may be made from accrued or
10 accruing payments. The amounts deducted and withheld from the
11 annuity shall be transmitted to the Department of Labor for
12 reimbursement to the Employees Compensation Fund. When the
13 Department of Labor finds that the financial circumstances of
14 an individual entitled to an annuity under this subchapter
15 warrant deferred refunding, deductions from the annuity may
16 be prorated against and paid from accruing payments in such
17 manner as the Department determines appropriate..
18 (B) FERS.--Subchapter VI of chapter 84 is amended
19 by inserting after section 8464 the following:
20 ''58464a. Relationship between annuity and workers
21 compensation
22 .. (a) (1) An individual is not entitled to receive--
(A) an annuity under subchapter II or V, and
24 (B) compensation for injury to, or disability of,
2:, such individual under subchapter I of chapter 81, other
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FORDMI0l-
30
1 than compensation payable under section 8107,
2 covering the same period of time.
3 ..(2) An individual is not entitled to receive an annuity
4 under subchapter IV and a concurrent benefit under subchapter
5 I of chapter 81 on account of the death of the same person.
6 (3) Paragraphs (1) and (2) do not bar the right of a
7 claimant to the greater benefit conferred by either this
8 chapter or subchapter I of chapter 81.
9 ''(b) If an individual is entitled to an annuity under
10 subchapter II, IV, or V, and the individual receives a lump-,
11 sum payment for. compensation under section 8135 based on the
12 disability or death of the same person, so much of the
13 compensation as has been paid for a period extended beyond
14 the date payment of the annuity commences, as determined by
15 the Department of Labor, shall be refunded to that Department
16 for credit to the Employees Compensation Fund. Before the
17 individual may receive the annuity, the individual shall--
(1) refund to the Department of Labor the amount
19 representing the commuted compensation payments for the
20 extended period; or
(2) authorize the deduction of the amount from the
22 annuity.
23 Deductions from the annuity may be made from accrued or
24 accruing payments. The amounts deducted and withheld from. the
25 annuity shall be transmitted to the Department of Labor for
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01
1 reimbursement to the Employees Compensation Fund. When the
2 Department of Labor finds that the financial circumstances of
3 an individual entitled to an annuity under subchapter II, IV,
4 or V warrant deferred refunding, deductions from the annuity
5 may be prorated against and paid from accruing payments in
6 such manner as the Department determines appropriate.''.
7 (2) CHAPTER ANALYSIS.--The analysis for chapter 84 is
8 amended by inserting after the item relating to section
9 8464 the following:
% .8464a. Relationship between annuity and workers
compensation. .
10 (b) TECHNICAL AND CONFORMING AMENDMENTS.--
11 (1) Subchapter V of chapter 84 is amended--
12 (A) by striking section 8456; and
13 (B) by redesignating section 8457 as section
14 8456.
15 (2) The analysis for chapter 84 is amended--
16 (A) by striking the item relating to section
17 8456; and
18 (B) by striking " 8457" and inserting in lieu
19 thereof 8456
20 (c) EFFECTIVE DATE.?
21 (1) IN GENERAL.--Except as provided in paragraph (2),
22 the amendments made by this section shall be effective as
23 of January 1, 19E7, and shall apply with respect tc
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 FORDM I 015
32
benefits payable based on a death or disability occurring
2 on or after that date.
3 (2) EXCEPTION.--The amendment made by subsection
4 (a)(1)(A) shall take effect on the date of the enactment
5 of this Act and shall apply with respect to benefits
6 payable based on a death or disability occurring on or
7 after that date.
8 SEC. 25. ELIGIBILITY OF CERTAIN INDIVIDUALS TO PARTICIPATE IN
9 THE THRIFT SAVINGS PLAN.
10 .(a) DEFINITIONS.--For purposes of this section--
11 ?. (1) the. term %*Executive Director" means the
12 Executive Director under section 8474 of title 5, United
13 States Code; and
14 (2) the term "Thrift Savings Plane refers to the
15 program under subchapter III of chapter 84 of title 5,
16 United States Code.
17 (b) REGULATIONS.--
18 (1) IN GENERAL.--The Executive Director shall
19 prescribe regulations relating to participation in the
20 Thrift Savings Plan by an individual described in
21 subsection (c).
22 (2) SPECIFIC MATTERS TO BE INCLUDED.--Under the
23 regulations--
24 (A) in computing a percentage of basic pay to
25 determine an amount to be contributed to the Thrift
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FOftDMI O 1 S .
33:
Savings Fund, the rate of basic pay to be used shall
be the same as that used in computing any amaunt
3 which the individual involved is otherwise required,
4 as a condition for participating in the Civil Service
5 Retirement System or the Federal Employees'
6 Retirement System (as the case may be), to contribute
7 to the Civil Service Retirement and Disability Fund;
8 and
9 (B) an employing authority which would not
10 otherwise make contributions to the Thrift Savings
11 Fund shall be allowed, with respect to any individual
12 under subsection (c) who is serving under such
13 authority, and at the sole discretion of such
14 authority, to make any contributions on behalf of -
15 such individual which would be permitted or required
16 under the provisions of section 8432(c) of title 5,
17 United States Code, if such authority were the
18 individual's employing agency under such provisions.
19 (c) APPLICABILITY.--This section applies with respect to
20 any individual participating in the Civil Service Retirement
21 System or the Federal Employees Retirement System as--
22 (.1) an individual who has entered on approved leave
23 without pay to serve as a full-time officer or employee
24 of an organization composed primarily of employees (as
25 defined by section 8331(1) or 8401(11) of title 5, United
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FORD14I015
2 (2) an individual assigned from a Federal agency to a
3 State or local government under subchapter VI of chapter
4 33 of title 5, United States Code; or
5 (3) an individual appointed or otherwise assigned to
6 one of the cooperative extension services, as defined by
7 section 1404(5) of the National Agricultural Research,
8 Extension, and Teaching Policy Act of 1977 (7 U.S.C.
1 States Code);
9 3103(5)).
10 (d) EFFECTIVE DATE.--
11 ?. (1) IN .GENERAL.--Except as provided in paragraph (2),
12 the regulations prescribed under this section shall
13 become effective in accordance with the provisions of
14 such regulations.
15 (2) EXCEPTION.--The regulations prescribed under this
16 section shall, with respect to individuals under
17 subsection (c)(3), be effective as of-April 1, 1987.
18 SEC. 26. SPECIAL PAY OF VETERANS ADMINISTRATION PHYSICIANS
19 INCLUDED IN AVERAGE SALARY UNDER FERS.
20 Section 4118(f) of title 38, United States Code, is
21 amended--
22 (1) in paragraph (1), by striking ~81 or 83" and
23 inserting in lieu thereof - 81, 83, or 84"; and
24 (2) in paragraph (2)--
25 (A) in the first sentence, by striking chapter
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 ~7tlEBiL~+s~~iuS~hJ-'"~il~E6=' '?.~tiGr'~5~~.+'7~r~~~A`~iav:
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FORDMI01S
83 of title 5** and inserting in lieu thereof
~chapter 83 or 84 of title 5, as the case may be'';
3 (B) in the second sentence, by striking **section
4 8331(4)', and all that follows thereafter through
5 or and inserting in lieu thereof the following:
6 section 8331(4) or 8401(3) of such titl-e?(as
7 applicable) only--
8 (A) for the purposes of computing benefits paid
9 under section 8337, 8341(d) or (e), 8442(b), 8443, or
10 8451 of such title; or and
11 (C) in subparagraph (B), by inserting -if" at
12 the beginning thereof.
13 SEC. 27. APPLICATION DEADLINE FOR CERTAIN FORMER SPOUSES.
14 Section 4(b)(1)(B) of the Civil Service Retirement Spouse
.15 Equity Act of 1984 (Public Law 96-615; 98 Stat. 3205), as
16 amended by section 201(b)(1)(C) of the Federal Employees
17 Benefits Improvement Act of 1986 (Public Law 99-251; 100
19 (1) in clause (i), by inserting and before May 8,
18 Stat. 22), is amended--
20 1987" before the semicolon; and
21 (2) by amending clause (iv) to read as follows:
22 (iv) the former spouse files an application for
23 the survivor annuity with the Office on or before may
24 7, 1989; and.
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