FEDERAL EMPLOYEES RETIREMENT SYSTEM TECHNICAL CORRECTIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89-00066R000800020024-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 27, 2016
• Document Release Date: December 12, 2012
• Sequence Number: 24
• Publication Date: December 21, 1987
• Content Type: MISC

Declassified and Approved For Release 2012/12/12 : CIA-RDP89-00066R000800020024-9
December 21, 1.987 CONGRESSIONAL RECORD - HOUSE
today after debate has '..)een concluded
on all motions to suspend the rules.
FEDERAL EMPLOYEES' RETIRE-
MENT SYSTEM TECHNICAL
CORRECTIONS
Mr. FORD of Michigan. Mr. Speak-
er,. I move Co 'suspend the rules and
-Concur in the Senate amendments the
bill (H.R. 3395)Jting technical cor-
g to the Federal Em-
loyees' Retirement System, and for
other purposes.
The Clerk read as follows:
Senate amendments:
Page 4, line 2, after "(B)" insert "for at
least 3 years".
Page 4, line 4, after "years" insert "for at
least 3 years' ".
Page 16, strike out line 2.
Page 16, line 4, strike out "Act." and insert
"Act;".
Page 16, after line 4, insert;
(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.
Page 29. line 2, strike out "(a)".
Page 29, strike out lines 12 to 18.
Page 35, strike out all after line 17 over to
and including line 10 on page 36, and insert:
(c) APPLICABILITY.-This section applies
with respect to-
(1) any individual participating in the
Civil Service Retirement System or the Fed-
eral Employees' Retirement System as-
(A) an individual who has entered on ap-
proved leave without pay to serve as a full-
time officer or employee of an organization
composed primarily of employees (as de-
fined 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.
3105(5)); and
(2) any individual who is participating in
the Civil Service Retirement System as a
result of a provision of law described in sec-
tion 8347(o).
Page 36, line 18, strike out "(c)(3)" and
insert "(cX1XC)".
Page 38, line 4, strike out "and"." and
insert "and"; and".
Page 38, after line 4, insert:
(3) by amending clause (v) by striking out
"at the time of filing such application" and
inserting in lieu thereof "on May 7, 1987".
EEC- 128, REFUNDS OF CERTAIN EXCESS DEDUC-
TIONS TAKEN AFTER 1953 TO OFFSET
EMPLOYEES UNDER THE CIVIL SERV-
ICE RETIREMENT SYSTEM.
(a) RETLIND ELICIBILITY.-An individual
shall upon written application to the Office
of Personnel Management, receive a refund
under subsection (b), if such individual-
(1) was subject to section 8334(aX1) of
title 5, United States Code, for any period of
service after December 31, 1983, because of
an election under section 208(a)(IXB) of the
Federal Employees' Retirement Contribu-
tion Temporary Adjustment Act of 1983 (97
Stat. 1107; 5 U.S.C. 8331 note);
(2) is not eligible to make an election
under section 301(b) of the Federal Employ-
ees' Retirement System Act of 1986 (Put
Law 99-335; 100 Stat. 599); and
(3) becomes subject to section 8334(k) o
title 5, United States Code.
(b) REFUND COMPUTATION-An individua
eligible for a refund under subsection (a
shall receive a refund-
(1) for the period beginning on January 1
1984, and ending on December 31, 1986, fo
the amount by which-
(A) the total amount deducted from such
individual's basic pay under section
8334(aX1) of title 5, United States Code, for
service described in subsection (aX1) of this
section, 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 in-
dividual becomes subject to section 8334(k)
of title 5, United States Code, for the
amount by which-
(A) the total amount deducted from such
individual's basic pay under section
8334(a)(1) of title 5, United States Code, for
service described in subsection (a)( 1) of this
section, 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 this section shall be computed with
interest in accordance with section 8334(e)
of title 5. United States Code, and regula-
tions 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 provides for automatic adjust-
ments in the amount of the annuity payable
so long as the amount of the annuity pay-
able in any one year shall not be less than
the amount payable in the previous year
"(D) a method described in subparagraph
(B) which provides for automatic adjust-
ments in the amount of the annuity payable
so long as the amount of the annuity pay-
able in any one year shall not be less than
the amount payable in the previous year;
and".
SEE 130, COVERAGE UNDER THE FEDERAL EM-
PLOYEES' RETIREMENT SYSTEM FOR
INDIVIDUALS SUBJECT TO 'THE FOR-
EIGN SERVICE 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 in-
serting "subsection (d) of this section or"
before "title III"; and
(2) by inserting after subsection (c) the
following new subsection (d):
"(d) Paragraph (2) of subsection (b) shall
not apply to an individual who becomes sub-
ject to subchapter II of chapter 8 of title I
of the Foreign Service Act of 1980 (relating
to the Foreign Service Pension System) pur-
suant 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 FED-
ERAL EMPLOYEES' RETIREMF-NT
SYSTEM.
(a) SURVIVOR REDUCTION COMPUTATION.-
Section 8419(a) of title 5, United States
Code, is amended- 8
(I) in paragraph (1) by striking out
shall be reduced" and inserting in lieu d
H 11921
). thereof or one-half of the annuity, If joint-
ly designated for this purpose by the em-
f ployee or Member and the spouse of the em-
ployee or Member under procedures pre-
1 scribed by the Office of Personnel Manage-
ment, shall be reduced"; and
(2) in paragraph (2)(A) by striking out
. shall be reduced" and inserting in lieu
r thereof "or one-half of the annuity, if joint-
ly designated for this purpose by the em-
ployee or Member and the spouse of the em-
ployee or Member under procedures pre-
scribed by the Office of Personnel Manage-
ment, shall be reduced".
(b) SURVIVOR BENEFITS.--Section 8442 of
title 5. United States Code, is amended-
(1) in subsection (a)(1) by inserting after
"with respect to the annuitant." the follow-
ing: "(or one-half thereof, if designated for
this purpose under section 8419 of this
title),"; and
(2) in subsection (g)(1) 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' CONTRIBU-
TION TO THE THRIFT SAVINGS FUND.
Section-8433(i)(3) 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 re-
strictions of section 8477(051) of this title
shall not apply to loans made under this
subsection.".
SEC. 133. FIDUCIARY RESPONSIBILITIES AND LI-
ABILITIES IN MANAGEMENT OF
THRIFT SAVINGS FUND.
(a) FIDUCIARY RESPONSIBILITIES AND LI-
ABILITIES.-Section 8477(e) of title 5, United
States Code, is amended-
(1) in paragraph (1)(A) by inserting before
the period at the end of the first sentence a
comma and "except as provided in para-
graphs (3) and (4) of this subsection";
(2) in paragraph (11(B) by striking out
"Internal Revenue Code of 1954" arid insert-
ing in lieu thereof "Internal Revenue Code
of 1986";
(3) in paragraph (11(D) 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 re-
sponsibilities, liabilities, and penalties au-
thorized 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-
"CA) by the Secretary of Labor against
any fiduciary other than a Member of the
Board or the Executive Director of the
Board-
"(1) to determine and enforce a liability
under paragraph (1)(A);
"(ii) to collect any civll penalty under
paragraph (11(B);
"(iii) to enjoin any act or practice which
violates any provision of subsection (b) or
c);
"(iv) to obtain any other appropriate equi-
table relief to redress a violation of any
uch provision; or
"(v) to enjoin any act or practice which
lolates subsection (g)(2) or (h) of section
472 of this title;
"(B) by any participant, beneficiary, or II-
uciary against any fiduciary-
Declassified and Approved For Release 2012/12/12 : 61A-RDP89-00066R000800020024-9
Declassified and Approved For Release 2012/12/12 : CIA-RDP89-00066R000800020024-9
H 111922 CONGRESSI