IB 

Union Calendar No. 383 

112TH CONGRESS 

2D SESSION H. R. 4363 

[Report No. 112–535] 

To amend title 5, United States Code, to allow Federal employees to continue 

their public service while partially retired. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2012 

Mr. ISSA (for himself, Mr. ROSS of Florida, and Mr. LYNCH) introduced the 

following bill; which was referred to the Committee on Oversight and 

Government Reform 

JUNE 15, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Insert the part printed in italic] 


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A BILL 

To amend title 5, United States Code, to allow Federal 

employees to continue their public service while partially 

retired. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Employee 

5 Phased Retirement Act’’. 

6 SEC. 2. PHASED RETIREMENT AUTHORITY. 

7 (a) CSRS.—Chapter 83 of title 5, United States 

8 Code, is amended— 

9 (1) in section 8331— 

10 (A) in paragraph (30) by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (31) by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(32) ‘Director’ means the Director of the Of16 fice of Personnel Management.’’; 

17 (2) by inserting after section 8336 the fol18 lowing: 

19 ‘‘§ 8336a. Phased retirement 

20 ‘‘(a) For the purposes of this section— 

21 ‘‘(1) the term ‘composite retirement annuity’ 

22 means the annuity computed when a phased retiree 

23 attains full retirement status; 

24 ‘‘(2) the term ‘full retirement status’ means 

25 that a phased retiree has ceased employment and is 


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1 entitled, upon application, to a composite retirement 

2 annuity; 

3 ‘‘(3) the term ‘phased employment’ means the 

4 less-than-full-time employment of a phased retiree; 

5 ‘‘(4) the term ‘phased retiree’ means a retire6 ment-eligible employee who— 

7 ‘‘(A) makes an election under subsection 

8 (b); and 

9 ‘‘(B) has not entered full retirement sta10 tus; 

11 ‘‘(5) the term ‘phased retirement annuity’ 

12 means the annuity payable under this section before 

13 full retirement; 

14 ‘‘(6) the term ‘phased retirement percentage’ 

15 means the percentage which, when added to the 

16 working percentage for a phased retiree, produces a 

17 sum of 100 percent; 

18 ‘‘(7) the term ‘phased retirement period’ means 

19 the period beginning on the date on which an indi20 vidual becomes entitled to receive a phased retire21 ment annuity and ending on the date on which the 

22 individual dies or separates from phased employ23 ment; 

24 ‘‘(8) the term ‘phased retirement status’ means 

25 that a phased retiree is concurrently employed in 


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1 phased employment and eligible to receive a phased 

2 retirement annuity; 

3 ‘‘(9) the term ‘retirement-eligible employee’— 

4 ‘‘(A) means an individual who, if the indi5 vidual separated from the service, would meet 

6 the requirements for retirement under sub7 section (a) or (b) of section 8336; but 

8 ‘‘(B) does not include an employee, de9 scribed in section 8335, after the date as of 

10 which such employee is required to be separated 

11 from the service by reason of such section; and 

12 ‘‘(10) the term ‘working percentage’ means the 

13 percentage of full-time employment equal the 

14 quotient obtained by dividing— 

15 ‘‘(A) the number of hours per pay period 

16 to be worked by a phased retiree as scheduled 

17 in accordance with subsection (b)(2); by 

18 ‘‘(B) the number of hours per pay period 

19 to be worked by an employee serving in a com20 parable position on a full-time basis. 

21 ‘‘(b)(1) With the concurrence of the head of the em22 ploying agency, and under regulations promulgated by the 

23 Director, a retirement-eligible employee who has been em24 ployed on a full-time basis for not less than the 3-year 

25 period ending on the date on which the retirement-eligible 


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1 employee makes an election under this subsection may 

2 elect to enter phased retirement status. 

3 ‘‘(2)(A) Subject to subparagraph (B), at the time of 

4 entering phased retirement status, a phased retiree shall 

5 be appointed to a position for which the working percent6 age is 50 percent. 

7 ‘‘(B) The Director may, by regulation, provide for 

8 working percentages different from the percentage speci9 fied under subparagraph (A), which shall be not less than 

10 20 percent and not more than 80 percent. 

11 ‘‘(C) The working percentage for a phased retiree 

12 may not be changed during the phased retiree’s phased 

13 retirement period. 

14 ‘‘(D)(i) Not less than 20 percent of the hours to be 

15 worked by a phased retiree shall consist of mentoring. 

16 ‘‘(ii) The Director may, by regulation, provide for ex17 ceptions to the requirement under clause (i). 

18 ‘‘(iii) Clause (i) shall not apply to a phased retiree 

19 serving in the United States Postal Service. Nothing in 

20 this clause shall prevent the application of clause (i) or 

21 (ii) with respect to a phased retiree serving in the Postal 

22 Regulatory Commission. 

23 ‘‘(3) A phased retiree— 

24 ‘‘(A) may not be employed in more than one po25 sition at any time; and 


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1 ‘‘(B) may transfer to another position in the 

2 same or a different agency, if the transfer does not 

3 result in a change in the working percentage. 

4 ‘‘(4) A retirement-eligible employee may make only 

5 one election under this subsection during the retirement6 eligible employee’s lifetime. 

7 ‘‘(5) A retirement-eligible employee who makes an 

8 election under this subsection may not make an election 

9 under section 8343a. 

10 ‘‘(c)(1) Except as otherwise provided under this sub11 section, the phased retirement annuity for a phased retiree 

12 is the product obtained by multiplying— 

13 ‘‘(A) the amount of an annuity computed under 

14 section 8339 that would have been payable to the 

15 phased retiree if, on the date on which the phased 

16 retiree enters phased retirement status, the phased 

17 retiree had separated from service and retired under 

18 section 8336 (a) or (b); by 

19 ‘‘(B) the phased retirement percentage for the 

20 phased retiree. 

21 ‘‘(2) A phased retirement annuity shall be paid in ad22 dition to the basic pay for the position to which a phased 

23 retiree is appointed during phased employment. 

24 ‘‘(3) A phased retirement annuity shall be adjusted 

25 in accordance with section 8340. 


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1 ‘‘(4)(A) A phased retirement annuity shall not be 

2 subject to reduction for any form of survivor annuity, shall 

3 not serve as the basis of the computation of any survivor 

4 annuity, and shall not be subject to any court order requir5 ing a survivor annuity to be provided to any individual. 

6 ‘‘(B) A phased retirement annuity shall be subject to 

7 a court order providing for division, allotment, assign8 ment, execution, levy, attachment, garnishment, or other 

9 legal process on the same basis as other annuities. 

10 ‘‘(5) Any reduction of a phased retirement annuity 

11 based on an election under section 8334(d)(2) shall be ap12 plied to the phased retirement annuity after computation 

13 under paragraph (1). 

14 ‘‘(6)(A) Any deposit, or election of an actuarial annu15 ity reduction in lieu of a deposit, for military service or 

16 for creditable civilian service for which retirement deduc17 tions were not made or refunded shall be made by a retire18 ment-eligible employee at or before the time the retire19 ment-eligible employee enters phased retirement status. 

20 No such deposit may be made, or actuarial adjustment 

21 in lieu thereof elected, at the time a phased retiree enters 

22 full retirement status. 

23 ‘‘(B) Notwithstanding subparagraph (A), if a phased 

24 retiree does not make such a deposit and dies in service 

25 as a phased retiree, a survivor of the phased retiree shall 


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1 have the same right to make such deposit as would have 

2 been available had the employee not entered phased retire3 ment status and died in service. 

4 ‘‘(C) If a phased retiree makes an election for an ac5 tuarial annuity reduction under section 8334(d)(2) and 

6 dies in service as a phased retiree, the amount of any de7 posit upon which such actuarial reduction shall have been 

8 based shall be deemed to have been fully paid. 

9 ‘‘(7) A phased retirement annuity shall commence on 

10 the date on which a phased retiree enters phased employ11 ment. 

12 ‘‘(8) No unused sick leave credit may be used in the 

13 computation of the phased retirement annuity. 

14 ‘‘(d) All basic pay not in excess of the full-time rate 

15 of pay for the position to which a phased retiree is ap16 pointed shall be deemed to be basic pay for purposes of 

17 section 8334. 

18 ‘‘(e) Under such procedures as the Director may pre19 scribe, a phased retiree may elect to enter full retirement 

20 status at any time. Upon making such an election, a 

21 phased retiree shall be entitled to a composite retirement 

22 annuity. 

23 ‘‘(f)(1) Except as provided otherwise under this sub24 section, a composite retirement annuity is a single annuity 


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1 computed under regulations prescribed by the Director, 

2 equal to the sum of— 

3 ‘‘(A) the amount of the phased retirement an4 nuity as of the date of full retirement, before any re5 duction based on an election under section 

6 8334(d)(2), and including any adjustments made 

7 under section 8340; and 

8 ‘‘(B) the product obtained by multiplying— 

9 ‘‘(i) the amount of an annuity computed 

10 under section 8339 that would have been pay11 able at the time of full retirement if the indi12 vidual had not elected a phased retirement and 

13 as if the individual was employed on a full-time 

14 basis in the position occupied during the phased 

15 retirement period and before any reduction for 

16 survivor annuity or reduction based on an elec17 tion under section 8334(d)(2); by 

18 ‘‘(ii) the working percentage. 

19 ‘‘(2) After computing a composite retirement annuity 

20 under paragraph (1), the Director shall adjust the amount 

21 of the annuity for any applicable reductions for a survivor 

22 annuity and any previously elected actuarial reduction 

23 under section 8334(d)(2). 


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1 ‘‘(3) A composite retirement annuity shall be ad2 justed in accordance with section 8340, except that sub3 section (c)(1) of that section shall not apply. 

4 ‘‘(4) In computing a composite retirement annuity 

5 under paragraph (1)(B)(i), the unused sick leave to the 

6 credit of a phased retiree at the time of entry into full 

7 retirement status shall be adjusted by dividing the number 

8 of hours of unused sick leave by the working percentage. 

9 ‘‘(g)(1) Under such procedures and conditions as the 

10 Director may provide, and with the concurrence of the 

11 head of the employing agency, a phased retiree may elect 

12 to terminate phased retirement status and return to a full13 time work schedule. 

14 ‘‘(2) Upon entering a full-time work schedule based 

15 upon an election under paragraph (1), the phased retire16 ment annuity of a phased retiree shall terminate. 

17 ‘‘(3) After the termination of a phased retirement an18 nuity under this subsection, the individual’s rights under 

19 this subchapter shall be determined based on the law in 

20 effect at the time of any subsequent separation from serv21 ice. For purposes of this subchapter or chapter 84, at time 

22 of the subsequent separation from service, the phased re23 tirement period shall be treated as if it had been a period 

24 of part-time employment with the work schedule described 

25 in subsection (b)(2). 


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1 ‘‘(h) For purposes of section 8341— 

2 ‘‘(1) the death of a phased retiree shall be 

3 deemed to be the death in service of an employee; 

4 and 

5 ‘‘(2) the phased retirement period shall be 

6 deemed to have been a period of part-time employ7 ment with the work schedule described in subsection 

8 (b)(2). 

9 ‘‘(i) Employment of a phased retiree shall not be 

10 deemed to be part-time career employment, as defined in 

11 section 3401(2). 

12 ‘‘(j) A phased retiree is not eligible to apply for an 

13 annuity under section 8337. 

14 ‘‘(k) For purposes of section 8341(h)(4), retirement 

15 shall be deemed to occur on the date on which a phased 

16 retiree enters into full retirement status. 

17 ‘‘(l) For purposes of sections 8343 and 8351, and 

18 subchapter III of chapter 84, a phased retiree shall be 

19 deemed to be an employee. 

20 ‘‘(m) A phased retiree is not subject to section 8344. 

21 ‘‘(n) For purposes of chapter 87, a phased retiree 

22 shall be deemed to be receiving basic pay at the rate of 

23 a full-time employee in the position to which the phased 

24 retiree is appointed.’’; and 


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1 (3) in the table of sections by inserting after 

2 the item relating to section 8336 the following: 

‘‘8336a. Phased retirement.’’. 

3 (b) FERS.—Chapter 84 of title 5, United States 

4 Code, is amended— 

5 (1) by inserting after section 8412 the following 

6 new section: 

7 ‘‘§ 8412a. Phased retirement 

8 ‘‘(a) For the purposes of this section— 

9 ‘‘(1) the term ‘composite retirement annuity’ 

10 means the annuity computed when a phased retiree 

11 attains full retirement status; 

12 ‘‘(2) the term ‘full retirement status’ means 

13 that a phased retiree has ceased employment and is 

14 entitled, upon application, to a composite retirement 

15 annuity; 

16 ‘‘(3) the term ‘phased employment’ means the 

17 less-than-full-time employment of a phased retiree; 

18 ‘‘(4) the term ‘phased retiree’ means a retire19 ment-eligible employee who— 

20 ‘‘(A) makes an election under subsection 

21 (b); and 

22 ‘‘(B) has not entered full retirement sta23 tus; 


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1 ‘‘(5) the term ‘phased retirement annuity’ 

2 means the annuity payable under this section before 

3 full retirement; 

4 ‘‘(6) the term ‘phased retirement percentage’ 

5 means the percentage which, when added to the 

6 working percentage for a phased retiree, produces a 

7 sum of 100 percent; 

8 ‘‘(7) the term ‘phased retirement period’ means 

9 the period beginning on the date on which an indi10 vidual becomes entitled to receive a phased retire11 ment annuity and ending on the date on which the 

12 individual dies or separates from phased employ13 ment; 

14 ‘‘(8) the term ‘phased retirement status’ means 

15 that a phased retiree is concurrently employed in 

16 phased employment and eligible to receive a phased 

17 retirement annuity; 

18 ‘‘(9) the term ‘retirement-eligible employee’— 

19 ‘‘(A) means an individual who, if the indi20 vidual separated from the service, would meet 

21 the requirements for retirement under sub22 section (a) or (b) of section 8412; and 

23 ‘‘(B) does not include— 

24 ‘‘(i) an individual who, if the indi25 vidual separated from the service, would 


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1 meet the requirements for retirement 

2 under subsection (d) or (e) of section 

3 8412; but 

4 ‘‘(ii) does not include an employee, de5 scribed in section 8425, after the date as 

6 of which such employee is required to be 

7 separated from the service by reason of 

8 such section; and 

9 ‘‘(10) the term ‘working percentage’ means the 

10 percentage of full-time employment equal to the 

11 quotient obtained by dividing— 

12 ‘‘(A) the number of hours per pay period 

13 to be worked by a phased retiree as scheduled 

14 in accordance with subsection (b)(2); by 

15 ‘‘(B) the number of hours per pay period 

16 to be worked by an employee serving in a com17 parable position on a full-time basis. 

18 ‘‘(b)(1) With the concurrence of the head of the em19 ploying agency, and under regulations promulgated by the 

20 Director, a retirement-eligible employee who has been em21 ployed on a full-time basis for not less than the 3-year 

22 period ending on the date on which the retirement-eligible 

23 employee makes an election under this subsection may 

24 elect to enter phased retirement status. 


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1 ‘‘(2)(A) Subject to subparagraph (B), at the time of 

2 entering phased retirement status, a phased retiree shall 

3 be appointed to a position for which the working percent4 age is 50 percent. 

5 ‘‘(B) The Director may, by regulation, provide for 

6 working percentages different from the percentage speci7 fied under subparagraph (A), which shall be not less than 

8 20 percent and not more than 80 percent. 

9 ‘‘(C) The working percentage for a phased retiree 

10 may not be changed during the phased retiree’s phased 

11 retirement period. 

12 ‘‘(D)(i) Not less than 20 percent of the hours to be 

13 worked by a phased retiree shall consist of mentoring. 

14 ‘‘(ii) The Director may, by regulation, provide for ex15 ceptions to the requirement under clause (i). 

16 ‘‘(iii) Clause (i) shall not apply to a phased retiree 

17 serving in the United States Postal Service. Nothing in 

18 this clause shall prevent the application of clause (i) or 

19 (ii) with respect to a phased retiree serving in the Postal 

20 Regulatory Commission. 

21 ‘‘(3) A phased retiree— 

22 ‘‘(A) may not be employed in more than one po23 sition at any time; and 


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1 ‘‘(B) may transfer to another position in the 

2 same or a different agency, if the transfer does not 

3 result in a change in the working percentage. 

4 ‘‘(4) A retirement-eligible employee may make only 

5 one election under this subsection during the retirement6 eligible employee’s lifetime. 

7 ‘‘(5) A retirement-eligible employee who makes an 

8 election under this subsection may not make an election 

9 under section 8420a. 

10 ‘‘(c)(1) Except as otherwise provided under this sub11 section, the phased retirement annuity for a phased retiree 

12 is the product obtained by multiplying— 

13 ‘‘(A) the amount of an annuity computed under 

14 section 8415 that would have been payable to the 

15 phased retiree if, on the date on which the phased 

16 retiree enters phased retirement status, the phased 

17 retiree had separated from service and retired under 

18 section 8412 (a) or (b); by 

19 ‘‘(B) the phased retirement percentage for the 

20 phased retiree. 

21 ‘‘(2) A phased retirement annuity shall be paid in ad22 dition to the basic pay for the position to which a phased 

23 retiree is appointed during the phased employment. 

24 ‘‘(3) A phased retirement annuity shall be adjusted 

25 in accordance with section 8462. 


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1 ‘‘(4)(A) A phased retirement annuity shall not be 

2 subject to reduction for any form of survivor annuity, shall 

3 not serve as the basis of the computation of any survivor 

4 annuity, and shall not be subject to any court order requir5 ing a survivor annuity to be provided to any individual. 

6 ‘‘(B) A phased retirement annuity shall be subject to 

7 a court order providing for division, allotment, assign8 ment, execution, levy, attachment, garnishment, or other 

9 legal process on the same basis as other annuities. 

10 ‘‘(5)(A) Any deposit, or election of an actuarial annu11 ity reduction in lieu of a deposit, for military service or 

12 for creditable civilian service for which retirement deduc13 tions were not made or refunded, shall be made by a re14 tirement-eligible employee at or before the time the retire15 ment-eligible employee enters phased retirement status. 

16 No such deposit may be made, or actuarial adjustment 

17 in lieu thereof elected, at the time a phased retiree enters 

18 full retirement status. 

19 ‘‘(B) Notwithstanding subparagraph (A), if a phased 

20 retiree does not make such a deposit and dies in service 

21 as a phased retiree, a survivor of the phased retiree shall 

22 have the same right to make such deposit as would have 

23 been available had the employee not entered phased retire24 ment status and died in service. 


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1 ‘‘(6) A phased retirement annuity shall commence on 

2 the date on which a phased retiree enters phased employ3 ment. 

4 ‘‘(7) No unused sick leave credit may be used in the 

5 computation of the phased retirement annuity. 

6 ‘‘(d) All basic pay not in excess of the full-time rate 

7 of pay for the position to which a phased retiree is ap8 pointed shall be deemed to be basic pay for purposes of 

9 sections 8422 and 8423. 

10 ‘‘(e) Under such procedures as the Director may pre11 scribe, a phased retiree may elect to enter full retirement 

12 status at any time. Upon making such an election, a 

13 phased retiree shall be entitled to a composite retirement 

14 annuity. 

15 ‘‘(f)(1) Except as provided otherwise under this sub16 section, a composite retirement annuity is a single annuity 

17 computed under regulations prescribed by the Director, 

18 equal to the sum of— 

19 ‘‘(A) the amount of the phased retirement an20 nuity as of the date of full retirement, including any 

21 adjustments made under section 8462; and 

22 ‘‘(B) the product obtained by multiplying— 

23 ‘‘(i) the amount of an annuity computed 

24 under section 8412 that would have been pay25 able at the time of full retirement if the indiVerDate Mar 15 2010 22:18 Jun 15, 2012 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4363.RH H4363

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1 vidual had not elected a phased retirement and 

2 as if the individual was employed on a full-time 

3 basis in the position occupied during the phased 

4 retirement period and before any adjustment to 

5 provide for a survivor annuity; by 

6 ‘‘(ii) the working percentage. 

7 ‘‘(2) After computing a composite retirement annuity 

8 under paragraph (1), the Director shall adjust the amount 

9 of the annuity for any applicable reductions for a survivor 

10 annuity. 

11 ‘‘(3) A composite retirement annuity shall be ad12 justed in accordance with section 8462, except that sub13 section (c)(1) of that section shall not apply. 

14 ‘‘(4) In computing a composite retirement annuity 

15 under paragraph (1)(B)(i), the unused sick leave to the 

16 credit of a phased retiree at the time of entry into full 

17 retirement status shall be adjusted by dividing the number 

18 of hours of unused sick leave by the working percentage. 

19 ‘‘(g)(1) Under such procedures and conditions as the 

20 Director may provide, and with the concurrence of the 

21 head of employing agency, a phased retiree may elect to 

22 terminate phased retirement status and return to a full23 time work schedule. 


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1 ‘‘(2) Upon entering a full-time work schedule based 

2 on an election under paragraph (1), the phased retirement 

3 annuity of a phased retiree shall terminate. 

4 ‘‘(3) After termination of the phased retirement an5 nuity under this subsection, the individual’s rights under 

6 this chapter shall be determined based on the law in effect 

7 at the time of any subsequent separation from service. For 

8 purposes of this chapter, at the time of the subsequent 

9 separation from service, the phased retirement period shall 

10 be treated as if it had been a period of part-time employ11 ment with the work schedule described in subsection 

12 (b)(2). 

13 ‘‘(h) For purposes of subchapter IV— 

14 ‘‘(1) the death of a phased retiree shall be 

15 deemed to be the death in service of an employee; 

16 ‘‘(2) except for purposes of section 

17 8442(b)(1)(A)(i), the phased retirement period shall 

18 be deemed to have been a period of part-time em19 ployment with the work schedule described in sub20 section (b)(2) of this section; and 

21 ‘‘(3) for purposes of section 8442(b)(1)(A)(i), 

22 the phased retiree shall be deemed to have been at 

23 the full-time rate of pay for the position occupied. 


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1 ‘‘(i) Employment of a phased retiree shall not be 

2 deemed to be part-time career employment, as defined in 

3 section 3401(2). 

4 ‘‘(j) A phased retiree is not eligible to receive an an5 nuity supplement under section 8421. 

6 ‘‘(k) For purposes of subchapter III, a phased retiree 

7 shall be deemed to be an employee. 

8 ‘‘(l) For purposes of section 8445(d), retirement shall 

9 be deemed to occur on the date on which a phased retiree 

10 enters into full retirement status. 

11 ‘‘(m) A phased retiree is not eligible to apply for an 

12 annuity under subchapter V. 

13 ‘‘(n) A phased retiree is not subject to section 8468. 

14 ‘‘(o) For purposes of chapter 87, a phased retiree 

15 shall be deemed to be receiving basic pay at the rate of 

16 a full-time employee in the position to which the phased 

17 retiree is appointed.’’; and 

18 (2) in the table of sections by inserting after 

19 the item relating to section 8412 the following: 

‘‘8412a. Phased retirement.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the effective date of the 

22 implementing regulations issued by the Director of the Of23 fice of Personnel Management. 


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1 SEC. 3. CONTRIBUTIONS TO THRIFT SAVINGS FUND OF PAY2 MENTS FOR ACCRUED OR ACCUMULATED 

3 LEAVE. 

4 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

5 8351(b)(2) of title 5, United States Code, is amended by 

6 adding at the end the following: 

7 ‘‘(D)(i) A qualified phased retiree may, in addition 

8 to any contributions otherwise allowable, contribute to the 

9 Thrift Savings Fund by direct transfer any part of any 

10 amount otherwise payable to such retiree for accumulated 

11 and current accrued annual or vacation leave under section 

12 5551 or 5552. 

13 ‘‘(ii) For purposes of this subparagraph, the term 

14 ‘qualified phased retiree’ means a phased retiree (as defined 

15 by section 8336a) who has completed at least 1 year of serv16 ice as such a retiree.’’. 

17 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

18 Section 8432(a) of title 5, United States Code, is amended 

19 by adding at the end the following: 

20 ‘‘(4)(A) A qualified phased retiree may, in addition 

21 to any contributions otherwise allowable, contribute to the 

22 Thrift Savings Fund by direct transfer any part of any 

23 amount otherwise payable to such retiree for accumulated 

24 and current accrued annual or vacation leave under section 

25 5551 or 5552. 


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1 ‘‘(B) For purposes of this paragraph, the term ‘quali2 fied phased retiree’ means a phased retiree (as defined by 

3 section 8412a) who has completed at least 1 year of service 

4 as such a retiree.’’. 

5 (c) REGULATIONS.—The Executive Director of the Fed6 eral Retirement Thrift Investment Board shall prescribe 

7 regulations to carry out the amendments made by this sec8 tion. 

9 (d) EFFECTIVE DATE.—The amendments made by this 

10 section shall take effect 1 year after the date of the enact11 ment of this section, or upon such earlier date as may be 

12 established by the Executive Director of the Federal Retire13 ment Thrift Investment Board under the regulations pre14 scribed under subsection (c). 


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Union Calendar No. 383 

112TH CONGRESS 

2D SESSION H. R. 4363 

[Report No. 112–535] 

A BILL 

To amend title 5, United States Code, to allow 

ice while partially retired. Federal employees to continue their public servJUNE 15, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


TKELLEY on DSK3SPTVN1PROD with BILLS