I 

118TH CONGRESS 

1ST SESSION H. R. 1080 

To provide for the reinstatement or compensation of Federal employees forced 

to resign their careers between September 9, 2021, and January 24, 

2022, because of the Federal COVID–19 vaccination mandate, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 17, 2023 

Mr. GAETZ introduced the following bill; which was referred to the Committee 

on Oversight and Accountability, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for the reinstatement or compensation of Federal 

employees forced to resign their careers between September 9, 2021, and January 24, 2022, because of the 

Federal COVID–19 vaccination mandate, and for other 

purposes. 

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 ‘‘COVID–19 Federal 

5 Employee Reinstatement Act’’. 


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1 SEC. 2. REINSTATEMENT OR COMPENSATION FOR IM2 PACTED EMPLOYEES. 

3 (a) IN GENERAL.—Each impacted Federal employee, 

4 other than an impacted Federal employee entitled to a 

5 payment under subsection (b), is entitled, in accordance 

6 with this Act, to select either— 

7 (1) an appointment to a position in the former 

8 employing agency of such impacted Federal em9 ployee that is the same or similar to the previous 

10 Federal position of such impacted Federal employee 

11 and payment in an amount equal to the amount that 

12 such impacted Federal employee would have been 

13 paid by such former employing agency during the 

14 period beginning on September 9, 2021, and ending 

15 on the date on which such impacted Federal em16 ployee is so appointed if such impacted Federal em17 ployee had not become an impacted Federal em18 ployee; or 

19 (2) payment in an amount equal to the amount 

20 that such impacted Federal employee would have 

21 been paid by the former employing agency during 

22 the period beginning on September 9, 2021, and 

23 ending on the date that is 180 days after the date 

24 on which the impacted Federal employee receives the 

25 notice required under section 3(a) if such impacted 


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1 Federal employee had not become an impacted Fed2 eral employee. 

3 (b) SUBSEQUENT FEDERAL EMPLOYMENT.— 

4 (1) IN GENERAL.—An impacted Federal em5 ployee that was appointed to a new Federal position 

6 is entitled to the payments described in paragraph 

7 (2). 

8 (2) PAYMENT DESCRIBED.—The payments de9 scribed in this subparagraph are— 

10 (A) a payment in an amount equal to the 

11 sum of— 

12 (i) the sum of the difference in pay 

13 between the previous Federal position of 

14 the impacted Federal employee and any 

15 new Federal positions of the impacted Fed16 eral employee for each pay period that the 

17 impacted Federal employee held such new 

18 Federal position during the period begin19 ning on the date on which such impacted 

20 Federal employee became an impacted 

21 Federal employee and ending on the date 

22 of the enactment of this Act; and 

23 (ii) the amount that the impacted 

24 Federal employee would have been paid by 

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1 pacted Federal employee had not become 

2 an impacted Federal employee for each pe3 riod occurring between September 9, 2021, 

4 and the date of the enactment of this Act 

5 in which the impacted Federal employee 

6 did not hold a new Federal position; and 

7 (B) a payment equal to the sum of the dif8 ferences in pay between the previous Federal 

9 position of the impacted Federal employee and 

10 any new Federal positions of the impacted Fed11 eral employee during the one-year period begin12 ning on the date of the enactment of this Act. 

13 (3) NEW FEDERAL POSITION DEFINED.—In 

14 this subsection, the term ‘‘new Federal position’’ 

15 means a position in the Federal Government— 

16 (A) to which the impacted Federal em17 ployee was appointed after becoming an im18 pacted Federal employee; 

19 (B) that is not subject to a vaccination re20 quirement implemented pursuant to Executive 

21 Order 14043; and 

22 (C) for which the pay is or was less than 

23 the pay of the previous Federal position of the 

24 impacted Federal employee. 

25 (c) PAYMENT.— 


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1 (1) IN GENERAL.—The former employing agen2 cy of an impacted Federal employee shall begin mak3 ing any payment to which such impacted Federal 

4 employee is entitled under this section not later than 

5 90 days after the pay for each relevant position is 

6 determined in accordance with section 7. 

7 (2) METHOD.—A payment described in sub8 section (a) or (b) shall be paid either in one lump 

9 sum or in 12 equal, monthly payments. 

10 (3) TAXATION.—For purposes of the Internal 

11 Revenue Code of 1986, any payment to an individual 

12 under subsection (a) or (b) shall be treated as wages 

13 paid with respect to the employment of such indi14 vidual. 

15 (4) PAY LIMITS.—A payment to an impacted 

16 Federal employee under this section shall be dis17 regarding with respect to any limit on the pay of 

18 employees that is applicable to the impacted Federal 

19 employee. 

20 (d) REINSTATEMENT IMPRACTICABLE.—If the head 

21 of the relevant employing agency determines that an ap22 pointment in accordance with subsection (a)(1) is imprac23 ticable for an impacted Federal employee not entitled to 

24 a payment under subsection (b), such impacted Federal 


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1 employee shall only be entitled to select payment under 

2 subsection (a)(2). 

3 (e) REINSTATEMENT.—An appointment under sub4 section (a)(1) to a position in the competitive service (as 

5 defined in section 2102 of title 5, United States Code) 

6 shall be made without regard to the provisions of sub7 chapter I of chapter 33 of title 5, United States Code. 

8 SEC. 3. NOTICE AND SELECTION. 

9 (a) NOTICE.—Not later than 90 days after the date 

10 of the enactment of this Act, the head of each Executive 

11 agency shall notify each individual that was voluntarily or 

12 involuntarily separated from such Executive employing 

13 agency during the period beginning on September 9, 2021, 

14 and ending on January 24, 2022, of the rights of impacted 

15 Federal employees under this Act. 

16 (b) SELECTION.— 

17 (1) IN GENERAL.—An impacted Federal em18 ployee entitled to make a selection under section 

19 2(a) must notify the former employing agency of 

20 such impacted Federal employee of his or her selec21 tion not later than 90 days after receiving the notice 

22 required by subsection (a). 

23 (2) FORFEITURE.—An impacted Federal em24 ployee described in paragraph (1) that does not no25 tify the former employing agency in accordance with 


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1 such paragraph shall cease to be entitled to make a 

2 selection under section 2(a). 

3 (3) AGENCY COMPLIANCE.—If an impacted 

4 Federal employee selects an appointment and pay5 ment under section 2(a)(1), not later than 90 days 

6 after such impacted Federal employee provides the 

7 notice in accordance with paragraph (1), the head of 

8 the former employing agency shall make the ap9 pointment described in section 2(a)(1). 

10 SEC. 4. TREATMENT OF IMPACTED FEDERAL EMPLOYEES. 

11 (a) IN GENERAL.—Each impacted Federal em12 ployee— 

13 (1) is deemed to have been involuntarily sepa14 rated without cause from the previous Federal posi15 tion of such impacted Federal employee; and 

16 (2) during the five-year period beginning on the 

17 date of the enactment of this Act, shall be entitled 

18 to priority consideration for each appointment to a 

19 position in the Federal Government for which the 

20 impacted Federal employee is qualified if the im21 pacted Federal employee has not been appointed to 

22 any other position in the Federal Government after 

23 becoming an impacted Federal employee that— 


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1 (A) was not subject to a vaccination re2 quirement pursuant to Executive Order 14043; 

3 or 

4 (B) is an equal or higher grade than the 

5 previous Federal position of such impacted Fed6 eral employee. 

7 (b) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to override the application of vet9 erans preferences under chapter 33 of title 5, United 

10 States Code. 

11 SEC. 5. ANNUITIES. 

12 (a) REINSTATED EMPLOYEES.— 

13 (1) ANNUITY ENTITLEMENT.— 

14 (A) IN GENERAL.—An impacted Federal 

15 employee described in subparagraph (E) is 

16 deemed to have additional service equal to the 

17 number of twelfth parts of a year that is equal 

18 to the number of months that such impacted 

19 Federal employee was an impacted Federal em20 ployee prior to an appointment under section 

21 2(a)(1), including the month in which such im22 pacted Federal employee became an impacted 

23 Federal employee. 

24 (B) WITHHOLDINGS.—The head of the 

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1 eral employee described in subparagraph (E) 

2 shall— 

3 (i) if such impacted Federal employee 

4 was subject to chapter 83 of title 5, United 

5 States Code, immediately before becoming 

6 an impacted Federal employee— 

7 (I) withhold from amounts paid 

8 to such impacted Federal employee 

9 under section 2(a)(1) an amount 

10 equal to the amount that such former 

11 employing agency would withhold 

12 under subsection (k) or (a)(1)(A) of 

13 section 8334 of title 5, United States 

14 Code, as applicable, if— 

15 (aa) the amounts paid under 

16 section 2(a)(1) were the total 

17 basic pay of such impacted Fed18 eral employee; and 

19 (bb) such impacted Federal 

20 employee was employed in the 

21 previous Federal position of such 

22 impacted Federal employee; and 

23 (II) deposit in the Treasury of 

24 the United States to the credit of the 

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1 clause (I) in the same manner as 

2 amounts withheld under subsection 

3 (k) or (a)(1)(A) of section 8334 of 

4 title 5, United States Code, as appli5 cable; and 

6 (ii) if such impacted Federal employee 

7 was subject to chapter 84 of title 5, United 

8 States Code, immediately before becoming 

9 an impacted Federal employee— 

10 (I) withhold from amounts paid 

11 to such impacted Federal employee 

12 under section 2(a)(1) an amount 

13 equal to the amount that such former 

14 employing agency would withhold 

15 under section 8422(a) of title 5, 

16 United States Code, if— 

17 (aa) the amounts paid under 

18 section 2(a)(1) were the total 

19 basic pay of such impacted Fed20 eral employee; and 

21 (bb) such impacted Federal 

22 employee was employed in the 

23 previous Federal position of such 

24 impacted Federal employee; and 


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1 (II) deposit in the Treasury of 

2 the United States to the credit of the 

3 Fund amounts withheld under sub4 clause (I) in the same manner as 

5 amounts withheld under section 

6 8422(a) of title 5, United States 

7 Code. 

8 (C) WITHHOLDINGS CREDITED.—Amounts 

9 withheld under— 

10 (i) subparagraph (B)(i) shall be en11 tered on individual retirement records 

12 under section 8334(f) of title 5, United 

13 States Code; and 

14 (ii) subparagraph (B)(ii) shall be en15 tered on individual retirement records 

16 under section 8422(d) of such title. 

17 (D) GOVERNMENT CONTRIBUTIONS.— 

18 (i) CIVIL SERVICE RETIREMENT AN19 NUITY.—If the head of the former employ20 ing agency withholds amounts under sub21 paragraph (B)(i), the head of such former 

22 employing agency shall make contributions 

23 in accordance with section 8334(a)(1)(B) 

24 of title 5, United States Code, as if the 

25 amounts withheld under subparagraph 


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1 (B)(i) are retirement deductions made 

2 from the basic pay of the impacted Federal 

3 employee under subsection (k) or (a)(1)(A) 

4 of section 8334 of such title, as applicable. 

5 (ii) FEDERAL EMPLOYEES’ RETIRE6 MENT SYSTEM.—If the head of the former 

7 employing agency withholds amounts under 

8 subparagraph (B)(ii), the head of such 

9 former employing agency shall deposit in 

10 the Treasury of the United States to the 

11 credit of the Fund an amount equal to the 

12 amount that the former employing agency 

13 would so deposit under section 8423 of 

14 title 5, United States Code, if the amounts 

15 paid under section 2(a)(1) to an impacted 

16 Federal employee described subparagraph 

17 (E) were the basic pay of such impacted 

18 Federal employee and such impacted Fed19 eral employee, at the time of such pay20 ment, was— 

21 (I) at the time of such payment, 

22 an employee of the former employer 

23 agency in the previous Federal posi24 tion of such impacted Federal em25 ployee; and 


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1 (II) subject to section 8422(a) of 

2 title 5, United States Code. 

3 (E) IMPACTED FEDERAL EMPLOYEE DE4 SCRIBED.—An impacted Federal employee de5 scribed in this subparagraph is an impacted 

6 Federal employee that— 

7 (i) selects an appointment and pay8 ment under section 2(a)(1); 

9 (ii) as of the date of such selection, 

10 has not received and is not entitled to re11 ceive, and with respect to whose service no 

12 other person has received or is entitled to 

13 receive, a lump-sum payment under either 

14 chapter 83 or 84 of title 5, United States 

15 Code, other than— 

16 (I) a lump-sum payment under 

17 sections 8343a or 8420a of such title; 

18 or 

19 (II) a lump-sum payment that 

20 was received or to which the entitle21 ment arose before the date on which 

22 such impacted Federal employee be23 came an impacted Federal employee; 

24 and 


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1 (iii) is not otherwise prohibited from 

2 receiving an annuity pursuant to section 

3 8312, 8314, or 8315 of such title. 

4 (2) PREVIOUS LUMP-SUM PAYMENT.— 

5 (A) IN GENERAL.—At the time an im6 pacted Federal employee described in subpara7 graph (G) selects an appointment and payment 

8 under section 2(a)(1), such impacted Federal 

9 employee may elect to pay to the Treasury of 

10 the United States to the credit of the Fund an 

11 amount equal to— 

12 (i) the amount paid to such impacted 

13 Federal employee under section 8342 or 

14 8424 of title 5, United States Code, after 

15 the impacted Federal employee became an 

16 impacted Federal employee plus interest; 

17 or 

18 (ii) any portion of the amount de19 scribed in clause (i) that is greater than 

20 zero. 

21 (B) ANNUITY RIGHTS REINSTATED.— 

22 (i) IN GENERAL.—An impacted Fed23 eral employee that makes the election and 

24 payment under subparagraph (A)— 


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1 (I) shall have restored the annu2 ity rights of such impacted Federal 

3 employee that were voided by the re4 ceipt of, or becoming entitled to, the 

5 payment of lump-sum credit under 

6 section 8342 or 8424 of title 5, 

7 United States Code, after the im8 pacted Federal employee became an 

9 impacted Federal employee— 

10 (aa) in full in the case of a 

11 payment in the amount described 

12 in subparagraph (A)(i); or 

13 (bb) in the case of a pay14 ment described in subparagraph 

15 (A)(ii), in equal proportion to 

16 such payment; and 

17 (II) is deemed to have additional 

18 service equal to the number of twelfth 

19 parts of a year that is equal to the 

20 number of months that such impacted 

21 Federal employee was an impacted 

22 Federal employee prior to an appoint23 ment under section 2(a)(1), including 

24 the month in which such impacted 


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1 Federal employee became an impacted 

2 Federal employee. 

3 (ii) OTHER LUMP-SUM PAYMENT RE4 CIPIENTS.—Notwithstanding any other 

5 provision of law, the restoration of the 

6 rights of an impacted Federal employee 

7 under clause (i) shall not— 

8 (I) reinstate the rights of an indi9 vidual under chapter 83 or 84 of title 

10 5, United States Code, that were void11 ed or fulfilled by the receipt of or be12 coming entitled to a lump-sum pay13 ment under chapter 83 or 84 of title 

14 5, United States Code, other than a 

15 lump-sum payment under section 

16 8343a or 8420a of such title, after 

17 the date on which such impacted Fed18 eral employee became an impacted 

19 Federal employee that was based in 

20 full or in part on the service of such 

21 impacted Federal employee before 

22 such date; or 

23 (II) entitle an individual de24 scribed in subclause (I) to any other 


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1 payment or annuity under chapter 83 

2 or 84 of such title. 

3 (C) ENTITLEMENT WAIVER.—For the pur4 poses of subparagraph (A), the waiver of a 

5 right to the payment of a lump-sum credit 

6 under section 8342 or 8424 of title 5, United 

7 States Code, is deemed to be a payment to the 

8 Treasury of the United States to the credit of 

9 the Fund equal to the amount of such lump10 sum credit. 

11 (D) PAYMENT TIMING.—An impacted Fed12 eral employee that makes the election under 

13 subparagraph (A) must make the payment de14 scribed in such subparagraph not later than one 

15 year after making such election. 

16 (E) WITHHOLDINGS AND CONTRIBU17 TIONS.—Subparagraphs (B), (C), and (D) of 

18 paragraph (1) shall apply with respect to an 

19 impacted Federal employee that makes the elec20 tion under subparagraph (A) as if such im21 pacted Federal employee is an impacted Fed22 eral employee described in paragraph (1)(E). 

23 (F) DECLINE ELECTION.— 

24 (i) IN GENERAL.—With respect to an 

25 impacted Federal employee described in 


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1 subparagraph (H) that declines to make 

2 the election under subparagraph (A), the 

3 head of the former employing agency of 

4 such impacted Federal employee shall 

5 withhold from amounts paid under section 

6 2(a)(1) to such impacted Federal em7 ployee— 

8 (I) if such impacted Federal em9 ployee was subject to chapter 83 of 

10 title 5, United States Code, imme11 diately before becoming an impacted 

12 Federal employee, an amount equal to 

13 the amount that such former employ14 ing agency would withhold under sub15 section (k) or (a)(1)(A) of section 

16 8334 of such title, as applicable, if— 

17 (aa) the amounts paid under 

18 section 2(a)(1) were basic pay of 

19 such impacted Federal employee; 

20 and 

21 (bb) such impacted Federal 

22 employee was employed in the 

23 previous Federal position of such 

24 impacted Federal employee; or 


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1 (II) if such impacted Federal em2 ployee was subject to chapter 84 of 

3 title 5, United States Code, imme4 diately before becoming an impacted 

5 Federal employee, an amount equal to 

6 the amount that such former employ7 ing agency would withhold under sec8 tion 8422(a) of such title if— 

9 (aa) the amounts paid under 

10 section 2(a)(1) were basic pay of 

11 such impacted Federal employee; 

12 and 

13 (bb) such impacted Federal 

14 employee was employed in the 

15 previous Federal position of such 

16 impacted Federal employee. 

17 (ii) DISTRIBUTION.—An amount with18 held under clause (i)— 

19 (I) in the case of an amount de20 scribed in clause (i)(I), is deemed to 

21 be a retirement deduction made from 

22 the basic pay of the impacted Federal 

23 employee under subsection (k) or 

24 (a)(1)(A) of section 8334 of title 5, 

25 United States Code, as applicable, 


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1 and shall be paid as a lump-sum cred2 it in accordance with section 8342 of 

3 such title; and 

4 (II) in the case of an amount de5 scribed in clause (i)(II), is deemed to 

6 be a retirement deduction made from 

7 the basic pay of the impacted Federal 

8 employee under section 8422(a) of 

9 such title and shall be paid as a lump10 sum credit in accordance with section 

11 8424 of such title. 

12 (G) IMPACTED FEDERAL EMPLOYEE DE13 SCRIBED.—An impacted Federal employee de14 scribed in this subparagraph is an impacted 

15 Federal employee that— 

16 (i) selects an appointment and pay17 ment under section 2(a)(1); 

18 (ii) as of the date of such selection, 

19 has received or is entitled to receive, or 

20 with respect to whose service another per21 son has received or is entitled to receive, a 

22 lump-sum payment under either chapter 

23 83 or 84 of title 5, United States Code, 

24 other than— 


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1 (I) a lump-sum payment under 

2 sections 8343a or 8420a of such title; 

3 or 

4 (II) a lump-sum payment that 

5 was received or to which the entitle6 ment arose before the date on which 

7 such impacted Federal employee be8 came an impacted Federal employee; 

9 and 

10 (iii) is not otherwise prohibited from 

11 receiving an annuity pursuant to section 

12 8312, 8314, or 8315 of such title. 

13 (b) NON-REINSTATED EMPLOYEES.— 

14 (1) ANNUITY ENTITLEMENT.— 

15 (A) IN GENERAL.—An impacted Federal 

16 employee described in subparagraph (E) is 

17 deemed to have one additional year of service. 

18 (B) WITHHOLDINGS.—The head of the 

19 former employing agency of an impacted Fed20 eral employee described in subparagraph (E) 

21 shall— 

22 (i) if such impacted Federal employee 

23 was subject to chapter 83 of title 5, United 

24 States Code, immediately before becoming 

25 an impacted Federal employee— 


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1 (I) withhold from amounts paid 

2 to such impacted Federal employee 

3 under subsection (a)(2) or (b) of sec4 tion 2, as applicable, an amount equal 

5 to the amount that such former em6 ploying agency would withhold under 

7 subsection (k) or (a)(1)(A) of section 

8 8334 of title 5, United States Code, 

9 as applicable, if— 

10 (aa) the amounts paid under 

11 subsection (a)(2) or (b) of section 

12 2, as applicable, were the total 

13 basic pay of such impacted Fed14 eral employee; and 

15 (bb) such impacted Federal 

16 employee was employed in the 

17 previous Federal position of such 

18 impacted Federal employee; and 

19 (II) deposit in the Treasury of 

20 the United States to the credit of the 

21 Fund amounts withheld under sub22 clause (I) in the same manner as 

23 amounts withheld under subsection 

24 (k) or (a)(1)(A) of section 8334 of 


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1 title 5, United States Code, as appli2 cable; and 

3 (ii) if such impacted Federal employee 

4 was subject to chapter 84 of title 5, United 

5 States Code, immediately before becoming 

6 an impacted Federal employee— 

7 (I) withhold from amounts paid 

8 to such impacted Federal employee 

9 under subsection (a)(2) or (b) of sec10 tion 2, as applicable, an amount equal 

11 to the amount that such former em12 ploying agency would withhold under 

13 section 8422(a) of title 5, United 

14 States Code, if— 

15 (aa) the amounts paid under 

16 subsection (a)(2) or (b) of section 

17 2, as applicable, were the total 

18 basic pay of such impacted Fed19 eral employee; and 

20 (bb) such impacted Federal 

21 employee was employed in the 

22 previous Federal position of such 

23 impacted Federal employee; and 

24 (II) deposit in the Treasury of 

25 the United States to the credit of the 


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1 Fund amounts withheld under sub2 clause (I) in the same manner as 

3 amounts withheld under section 

4 8422(a) of title 5, United States 

5 Code. 

6 (C) WITHHOLDINGS CREDITED.—Amounts 

7 withheld under— 

8 (i) subparagraph (B)(i) shall be en9 tered on individual retirement records 

10 under section 8334(f) of title 5, United 

11 States Code; and 

12 (ii) subparagraph (B)(ii) shall be en13 tered on individual retirement records 

14 under section 8422(d) of such title. 

15 (D) GOVERNMENT CONTRIBUTIONS.— 

16 (i) CIVIL SERVICE RETIREMENT AN17 NUITY.—If the head of the former employ18 ing agency withholds amounts under sub19 paragraph (B)(i), the head of such former 

20 employing agency shall make contributions 

21 in accordance with section 8334(a)(1)(B) 

22 of title 5, United States Code, as if the 

23 amounts withheld under subparagraph 

24 (B)(i) are retirement deductions made 

25 from the basic pay of the impacted Federal 


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1 employee under subsection (k) or (a)(1)(A) 

2 of section 8334 of title 5, United States 

3 Code, as applicable. 

4 (ii) FEDERAL EMPLOYEES’ RETIRE5 MENT SYSTEM.—If the head of the former 

6 employing agency withholds amounts under 

7 subparagraph (B)(ii), the head of such 

8 former employing agency shall deposit in 

9 the Treasury of the United States to the 

10 credit of the Fund an amount equal to the 

11 amount that the former employing agency 

12 would so deposit under section 8423 of 

13 title 5, United States Code, if the amounts 

14 paid under subsection (a)(2) or (b) of sec15 tion 2, as applicable, to an impacted Fed16 eral employee described subparagraph (E) 

17 were the basic pay of such impacted Fed18 eral employee and such impacted Federal 

19 employee, at the time of such payment, 

20 was— 

21 (I) at the time of such payment, 

22 an employee of the former employer 

23 agency in the previous Federal posi24 tion of such impacted Federal em25 ployee; and 


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1 (II) subject to section 8422(a) of 

2 title 5, United States Code. 

3 (E) IMPACTED FEDERAL EMPLOYEE DE4 SCRIBED.—An impacted Federal employee de5 scribed in this subparagraph is an impacted 

6 Federal employee that— 

7 (i) selects payment under section 

8 2(a)(2) or is entitled to payment under 

9 section 2(b); 

10 (ii) as of the date of the enactment of 

11 this Act, has not received and is not enti12 tled to receive, and with respect to whose 

13 service no other person has received or is 

14 entitled to receive, a lump-sum payment 

15 under either chapter 83 or 84 of title 5, 

16 United States Code, other than— 

17 (I) a lump-sum payment under 

18 sections 8343a or 8420a of such title; 

19 or 

20 (II) a lump-sum payment that 

21 was received or to which the entitle22 ment arose before the date on which 

23 such impacted Federal employee be24 came an impacted Federal employee; 

25 and 


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1 (iii) is not otherwise prohibited from 

2 receiving an annuity pursuant to section 

3 8312, 8314, or 8315 of such title. 

4 (2) LUMP-SUM CREDIT RECIPIENTS.— 

5 (A) LUMP-SUM DISTRIBUTION.— 

6 (i) IN GENERAL.—The head of the 

7 former employing agency of an impacted 

8 Federal employee described in clause (iii) 

9 shall withhold from amounts paid to such 

10 impacted Federal employee under sub11 section (a)(2) or (b) of section 2, as appli12 cable— 

13 (I) if the impacted Federal em14 ployee was subject to chapter 83 of 

15 title 5, United States Code, imme16 diately before becoming an impacted 

17 Federal employee, an amount equal to 

18 the amount that such former employ19 ing agency would withhold under sub20 section (k) or (a)(1)(A) of section 

21 8334 of such title, as applicable, if— 

22 (aa) the amounts paid under 

23 subsection (a)(2) or (b) of section 

24 2, as applicable, were the total 


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1 basic pay of such impacted Fed2 eral employee; and 

3 (bb) such impacted Federal 

4 employee was employed in the 

5 previous Federal position of such 

6 impacted Federal employee; or 

7 (II) if the impacted Federal em8 ployee was subject to chapter 84 of 

9 title 5, United States Code, imme10 diately before becoming an impacted 

11 Federal employee, an amount equal to 

12 the amount that such former employ13 ing agency would withhold under sec14 tion 8422(a) of such title if— 

15 (aa) the amounts paid under 

16 subsection (a)(2) or (b) of section 

17 2, as applicable, were the total 

18 basic pay of such impacted Fed19 eral employee; and 

20 (bb) such impacted Federal 

21 employee was employed in the 

22 previous Federal position of such 

23 impacted Federal employee. 

24 (ii) DISTRIBUTION.—An amount with25 held under clause (i)— 


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1 (I) in the case of an amount de2 scribed in clause (i)(I), is deemed to 

3 be a retirement deduction made from 

4 the basic pay of the impacted Federal 

5 employee under subsection (k) or 

6 (a)(1)(A) of section 8334 of title 5, 

7 United States Code, as applicable, 

8 and shall be paid as a lump-sum cred9 it in accordance with section 8342 of 

10 such title; and 

11 (II) in the case of an amount de12 scribed in clause (i)(II), is deemed to 

13 be a retirement deduction made from 

14 the basic pay of the impacted Federal 

15 employee under section 8422(a) of 

16 such title and shall be paid as a lump17 sum credit in accordance with section 

18 8424 of such title. 

19 (iii) IMPACTED FEDERAL EMPLOYEE

20 DESCRIBED.—An impacted Federal em21 ployee described in this clause is an im22 pacted Federal employee that— 

23 (I) selects payment under section 

24 2(a)(2) or is entitled to payment 

25 under section 2(b); 


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1 (II) as of the date of such selec2 tion or becoming so entitled, has re3 ceived or is entitled to receive, or with 

4 respect to whose service another per5 son has received or is entitled to re6 ceive, a lump-sum payment under ei7 ther chapter 83 or 84 of title 5, 

8 United States Code, other than— 

9 (aa) a lump-sum payment 

10 under sections 8343a or 8420a of 

11 such title; or 

12 (bb) a lump-sum payment 

13 that was received or to which the 

14 entitlement arose before the date 

15 on which such impacted Federal 

16 employee became an impacted 

17 Federal employee; 

18 (III) is not entitled to an annuity 

19 under either such chapter; and 

20 (IV) as of the date of the enact21 ment of this Act, does not hold a posi22 tion subjecting such impacted Federal 

23 employee to either such chapter. 

24 (B) BUYBACK.— 


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1 (i) IN GENERAL.—At the time an im2 pacted Federal employee described in 

3 clause (vi) selects a payment under section 

4 2(a)(2) or, in the case of a payment under 

5 section 2(b), not later than 90 days after 

6 the impacted Federal employee is notified 

7 of the payment under section 3, such im8 pacted Federal employee may elect to pay 

9 to the Treasury of the United States to the 

10 credit of the Fund an amount equal to— 

11 (I) the amount paid to such im12 pacted Federal employee under sec13 tion 8342 or 8424 of title 5, United 

14 States Code, after the impacted Fed15 eral employee became an impacted 

16 Federal employee plus interest; or 

17 (II) any portion of the amount 

18 described in clause (i) that is greater 

19 than zero. 

20 (ii) ANNUITY RIGHTS REINSTATED.— 

21 (I) IN GENERAL.—An impacted 

22 Federal employee that makes the elec23 tion and payment under clause (i)— 

24 (aa) shall have restored the 

25 annuity rights of such impacted 


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1 Federal employee that were void2 ed by the receipt of, or becoming 

3 entitled to, the payment of a 

4 lump-sum credit under section 

5 8342 or 8424 of title 5, United 

6 States Code, after such impacted 

7 Federal employee became an im8 pacted Federal employee— 

9 (AA) in full in the case 

10 of a payment in the amount 

11 described in clause (i)(I); or 

12 (BB) in the case of a 

13 payment described in clause 

14 (i)(II), in equal proportion 

15 to such payment; and 

16 (bb) is deemed to have one 

17 additional year of service. 

18 (II) OTHER LUMP-SUM PAYMENT

19 RECIPIENTS.—Notwithstanding any 

20 other provision of law, the restoration 

21 of the rights of an impacted Federal 

22 employee under subclause (I) shall 

23 not— 

24 (aa) reinstate the rights of 

25 an individual under chapter 83 or 


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1 84 of title 5, United States Code, 

2 that were voided or fulfilled by 

3 the receipt of or becoming enti4 tled to a lump-sum payment 

5 under chapter 83 or 84 of title 5, 

6 United States Code, other than a 

7 lump-sum payment under section 

8 8343a or 8420a of such title, 

9 after the date on which such im10 pacted Federal employee became 

11 an impacted Federal employee 

12 that was based in full or in part 

13 on the service of such impacted 

14 Federal employee before such 

15 date; or 

16 (bb) entitle an individual de17 scribed in item (aa) to any other 

18 payment or annuity under chap19 ter 83 or 84 of such title. 

20 (iii) ENTITLEMENT WAIVER.—For the 

21 purposes of clause (i), the waiver of a right 

22 to the payment of a lump-sum credit under 

23 section 8342 or 8424 of title 5, United 

24 States Code, is deemed to be a payment to 

25 the Treasury of the United States to the 


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1 credit of the Fund equal to the amount of 

2 such lump-sum credit. 

3 (iv) WITHHOLDINGS AND GOVERN4 MENT CONTRIBUTIONS.—Subparagraphs 

5 (B), (C), and (D) of paragraph (1) shall 

6 apply with respect to an impacted Federal 

7 employee who makes the election described 

8 in clause (i) as if such impacted Federal 

9 employee is an impacted Federal employee 

10 described in paragraph (1)(E). 

11 (v) PAYMENT TIMING.—An impacted 

12 Federal employee that makes the election 

13 under clause (i) must make the payment 

14 described in such clause not later than one 

15 year after making such election. 

16 (vi) IMPACTED FEDERAL EMPLOYEE

17 DESCRIBED.—An impacted Federal em18 ployee described in this clause is an im19 pacted Federal employee that— 

20 (I) selects payment under section 

21 2(a)(2) or is entitled to payment 

22 under section 2(b); 

23 (II) as of the date of such selec24 tion, has received or is entitled to re25 ceive, or with respect to whose service 


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1 another person has received or is enti2 tled to receive, a lump-sum payment 

3 under either chapter 83 or 84 of title 

4 5, United States Code, other than— 

5 (aa) a lump-sum payment 

6 under sections 8343a or 8420a of 

7 such title; or 

8 (bb) a lump-sum payment 

9 that was received or to which the 

10 entitlement arose before the date 

11 on which such impacted Federal 

12 employee became an impacted 

13 Federal employee; 

14 (III) is not otherwise prohibited 

15 from receiving an annuity pursuant to 

16 section 8312, 8314, or 8315 of such 

17 title; and 

18 (IV) as of the date of the enact19 ment of this Act, holds a position sub20 jecting such impacted Federal em21 ployee to either chapter 83 or 84 of 

22 title 5, United States Code. 

23 (c) PAYMENT AND WITHHOLDINGS TREATMENT.— 

24 (1) TIMING AND TREATMENT.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), for purposes of chapters 83 

3 and 84 of title 5, United States Code, with re4 spect to an impacted Federal employee de5 scribed in paragraph (2), amounts paid to such 

6 impacted Federal employee under section 2(a) 

7 shall be deemed to be the basic pay of such im8 pacted Federal employee that was earned by 

9 such impacted Federal employee at the time 

10 that such impacted Federal employee would 

11 have earned such portion if such employee had 

12 not been separated from the former employing 

13 agency based on a vaccination requirement im14 plemented at such former employing agency 

15 pursuant to Executive Order 14043. 

16 (B) CONCURRENT FEDERAL EMPLOYMENT

17 EXCLUSION.—Any portion of an amount paid to 

18 an impacted Federal employee under section 2 

19 that is deemed under subparagraph (A) to have 

20 been earned by such impacted Federal employee 

21 at a time during which such impacted Federal 

22 employee held a position subjecting such im23 pacted Federal employee to either chapter 83 or 

24 84 of title 5, United States Code, and any 

25 amounts paid under section 2(b) to an impacted 


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1 Federal employee while such impacted Federal 

2 employee holds such a position shall not be 

3 deemed to be basic pay of the impacted Federal 

4 employee for the purposes of calculating the av5 erage pay of the impacted Federal employee 

6 under either such chapter. 

7 (C) AVERAGE PAY DEFINED.—For the 

8 purposes of this paragraph, the term ‘‘average 

9 pay’’— 

10 (i) with respect to chapter 83 of title 

11 5, United States Code, has the meaning 

12 given such term under section 8331 of 

13 such title; and 

14 (ii) with respect to chapter 84 of such 

15 title, has the meaning given such term 

16 under section 8401 of such title. 

17 (2) IMPACTED FEDERAL EMPLOYEES DE18 SCRIBED.—An impacted Federal employee described 

19 in this paragraph is an impacted Federal em20 ployee— 

21 (A)(i) that makes the selection described in 

22 section 2(a)(1); and 

23 (ii) is either— 

24 (I) deemed to have additional service 

25 under subsection (a)(1); or 


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1 (II) makes the election described in 

2 subsection (a)(2)(A); 

3 (B)(i) that makes the selection described in 

4 section 2(a)(2); and 

5 (ii) is either— 

6 (I) deemed to have additional service 

7 under subsection (b)(1); or 

8 (II) employed in a position subjecting 

9 such impacted Federal employee to either 

10 chapter 83 or 84 of title 5, United States 

11 Code, and makes the election described in 

12 paragraph (b)(2)(B)(i); 

13 (C) with respect to whose service another 

14 individual— 

15 (i) is entitled to an annuity under 

16 chapter 83 or 84 of title 5, United States 

17 Code; or 

18 (ii) received or is entitled to receive a 

19 lump-sum payment under either such 

20 chapter. 

21 (d) DEFINITIONS.—In this section— 

22 (1) FUND.—The term ‘‘Fund’’ means the Civil 

23 Service Retirement and Disability Fund under sec24 tion 8348 of title 5, United States Code. 


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1 (2) LUMP-SUM CREDIT; SERVICE.—The terms 

2 ‘‘lump-sum credit’’ and ‘‘service’’— 

3 (A) with respect to chapter 83 of title 5, 

4 United States Code, have the meanings given 

5 such terms under section 8331 of such title; 

6 and 

7 (B) with respect to chapter 84 of such 

8 title, have the meanings given such terms under 

9 section 8401 of such title. 

10 SEC. 6. DECEASED EMPLOYEES. 

11 (a) IN GENERAL.—An impacted Federal employee 

12 entitled to make a selection under section 2(a) that is de13 ceased prior to making such selection is deemed to have 

14 made the selection described in section 2(a)(2). 

15 (b) PAYMENT.— 

16 (1) DISTRIBUTION.—The payment to which a 

17 deceased impacted Federal employee is entitled 

18 under subsection (b) or subsection (a)(2) of section 

19 2, less any amounts withheld under section 5(b) pur20 suant to subsection (c), shall be made to the person 

21 or persons surviving such impacted Federal em22 ployee and alive as of the date such impacted Fed23 eral employee becomes entitled to such payment in 

24 the following order of precedence: 


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1 (A) First, to the beneficiary or bene2 ficiaries designated by the impacted Federal 

3 employee in a signed and witnessed writing exe4 cuted and filed with the Office of Personnel 

5 Management before the death of such impacted 

6 Federal employee, except that a designation, 

7 change, or cancellation of beneficiary in a will 

8 or other document not so executed and filed has 

9 no force or effect. 

10 (B) Second, if there is no designated bene11 ficiary, to the widow or widower of the impacted 

12 Federal employee. 

13 (C) Third, if none of the above, to the 

14 child or children of the impacted Federal em15 ployee and descendants of deceased children by 

16 representation. 

17 (D) Fourth, if none of the above, to the 

18 parents of the impacted Federal employee or 

19 the survivor of such parents. 

20 (E) Fifth, if none of the above, to the duly 

21 appointed executor or administrator of the es22 tate of the impacted Federal employee. 

23 (F) Sixth, if none of the above, to such 

24 other next of kin of the impacted Federal em25 ployee as the Director of the Office of PerVerDate Sep 11 2014 00:03 Mar 15, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1080.IH H1080

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1 sonnel Management determines to be entitled 

2 under the laws of the domicile of the impacted 

3 Federal employee at the date of his death. 

4 (2) CHILD DEFINED.—In this paragraph, the 

5 term ‘‘child’’ includes a natural child and an adopted 

6 child, but does not include a stepchild. 

7 (c) ANNUITIES.— 

8 (1) LUMP-SUM PAYMENTS.—If any individual 

9 other than a deceased impacted Federal employee 

10 received a lump-sum payment under chapter 83 or 

11 84 of title 5, United States Code, other than a 

12 lump-sum payment under section 8343a or 8420a of 

13 such title, after the date on which such impacted 

14 Federal employee became an impacted Federal em15 ployee and such lump-sum payment was based in 

16 full or in part on the service of such deceased im17 pacted Federal employee before such date, such im18 pacted Federal employee is deemed to be an im19 pacted Federal employee described in section 

20 5(b)(2)(A)(iii) and to have been subject to the chap21 ter of title 5 under which such lump-sum payment 

22 was made. 

23 (2) ANNUITY PAYMENTS.—If any individual 

24 other than a deceased impacted Federal employee 

25 became entitled to an annuity under chapter 83 or 


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1 84 of title 5, United States Code, after the date on 

2 which such impacted Federal employee became an 

3 impacted Federal employee and such entitlement 

4 was based in full or in part on the service of such 

5 deceased impacted Federal employee before such 

6 date, such impacted Federal employee is deemed to 

7 be an impacted Federal employee described in sec8 tion 5(b)(1)(E) and to have been subject to the 

9 chapter of title 5 under which such individual is en10 titled to the annuity. 

11 SEC. 7. PAY DETERMINATION. 

12 (a) IN GENERAL.—For the purposes of this Act, the 

13 Director of the Office of Personnel Management shall de14 termine the pay for a position held by an impacted Federal 

15 employee based on such evidence of the pay of such posi16 tion as the impacted Federal employee may provide, or 

17 if the Director determines sufficient evidence has not been 

18 so provided to adequately determine the pay for such posi19 tion, the pay shall be determined by the Director based 

20 on such other information as the Director determines ap21 propriate. 

22 (b) EMPLOYEE INFORMATION.—An impacted Federal 

23 employee may provide evidence of the pay of a position 

24 to the Director of the Office of Personnel Management 

25 under subsection (a) until the earlier of— 


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1 (1) the date that is six months after the date 

2 on which such impacted Federal employee received 

3 the notice described in section 3(a); or 

4 (2) the date on which the Director determines 

5 the pay for such positions for the purposes of this 

6 Act. 

7 (c) INFORMATION SHARING.—The head of each Ex8 ecutive agency shall provide to the Director of the Office 

9 of Personnel Management such information as the Direc10 tor may require to carry out this Act. 

11 SEC. 8. REGULATORY AUTHORITY. 

12 The Director of the Office of Personnel Management 

13 shall implement such regulations as are necessary to carry 

14 out this Act, including such regulations as are necessary 

15 to ensure that, to the extent practicable and notwith16 standing any other provision of law, an impacted Federal 

17 employee that is covered in part or in whole by a retire18 ment system established for employees of the Government 

19 other than those under chapter 83 or 84 of title 5, United 

20 States Code, has the same rights and benefits under such 

21 other retirement system as those provided by sections 4, 

22 5, and 6 of this Act to an impacted Federal employee cov23 ered in whole by a retirement system under chapter 83 

24 or 84 of such title with respect to the applicable retirement 

25 system under such chapter 83 or 84. 


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1 SEC. 9. STATEMENT OF IMPACTED FEDERAL EMPLOYEE 

2 STATUS. 

3 (a) IN GENERAL.—Not later 90 days after the date 

4 on which an impacted Federal employee receives a notice 

5 under section 3(a), the impacted Federal employee shall 

6 submit to the Director of the Office of Personnel Manage7 ment and to the head of the former employing agency of 

8 such impacted Federal employee a written statement 

9 signed by such impacted Federal employee stating that 

10 such impacted Federal employee was voluntarily or invol11 untarily separated from service in an Executive agency 

12 during the period beginning on September 9, 2021, and 

13 ending on January 24, 2022, based on a vaccination re14 quirement implemented at such Executive agency pursu15 ant to Executive Order 14043. 

16 (b) EXCLUSION FROM BENEFITS.—An impacted 

17 Federal employee that does not submit the statement re18 quired under subsection (a) in accordance with such sub19 section shall not be entitled to any payment, appointment, 

20 or other benefit under this Act based on the status of such 

21 impacted Federal employee as an impacted Federal em22 ployee, and any amounts paid to such impacted Federal 

23 employee under section 2 or 4 or to any other person 

24 under section 6 with respect to such impacted Federal em25 ployee must be repaid to the Government. 


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1 (c) DECEASED EMPLOYEES.—This section does not 

2 apply with respect to an impacted Federal employee that 

3 is deceased prior to the date that is 90 days after the date 

4 on which such impacted Federal employee receives a notice 

5 under section 3(a). 

6 SEC. 10. DEFINITIONS. 

7 In this Act: 

8 (1) CIVIL SERVICE RETIREMENT AND DIS9 ABILITY FUND.—The term ‘‘Civil Service Retirement 

10 and Disability Fund’’ means the Civil Service Re11 tirement and Disability Fund established under sec12 tion 8348 of title 5, United States Code. 

13 (2) EXECUTIVE AGENCY.—The term ‘‘Executive 

14 agency’’ has the meaning given such term in section 

15 105 of title 5, United States Code, except that such 

16 term does not include the Government Account17 ability Office. 

18 (3) EMPLOYEE.—The term ‘‘employee’’ has the 

19 meaning given such term in section 2105 of title 5, 

20 United States Code, including an employee paid 

21 from nonappropriated funds. 

22 (4) EXECUTIVE ORDER 14043.—The term ‘‘Ex23 ecutive Order 14043’’ means Executive Order 14043 

24 (86 Fed. Reg. 50989; relating to requiring COVID– 

25 19 vaccinations for Federal Employees). 


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1 (5) FORMER EMPLOYING AGENCY.—With re2 spect to an impacted Federal employee, the term 

3 ‘‘former employing agency’’ means the Executive 

4 agency from which the separation of such individual 

5 made such individual an impacted Federal employee. 

6 (6) IMPACTED FEDERAL EMPLOYEE.—The term 

7 ‘‘impacted Federal employee’’ means an individual 

8 who was voluntarily or involuntarily separated from 

9 service in an Executive agency during the period be10 ginning on September 9, 2021, and ending on Janu11 ary 24, 2022, based on a vaccination requirement 

12 implemented at such Executive agency pursuant to 

13 Executive Order 14043. 

14 (7) PREVIOUS FEDERAL POSITION.—The term 

15 ‘‘previous Federal position’’ means the position in 

16 the Federal Government held by the impacted Fed17 eral employee in the former employing agency imme18 diately before becoming an impacted Federal em19 ployee. 

Æ 


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