I 

108TH CONGRESS 

1ST SESSION H. R. 2997

To amend subchapter III of chapter 83 of title 5, United States Code, 

to make service performed as an employee of a nonappropriated fund 

instrumentality after 1965 and before 1987 creditable for retirement 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 3, 2003

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

on Government Reform 

A BILL

To amend subchapter III of chapter 83 of title 5, United 

States Code, to make service performed as an employee 

of a nonappropriated fund instrumentality after 1965 

and before 1987 creditable for retirement 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. CREDITABILITY OF SERVICE. 

4 (a) IN GENERAL.—Section 8332 of title 5, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(o)(1) Subject to paragraph (2), upon application to 

8 the Office of Personnel Management, any individual who 
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1 is an employee or Member on the date of the enactment 

2 of this subsection, and who has on such date or thereafter 

3 acquires 5 or more years of creditable civilian service 

4 under this section (exclusive of service for which credit is 

5 allowed under this subsection) shall be allowed credit for 

6 service performed, after December 31, 1965, and before 

7 January 1, 1987, as an employee described in section 

8 2105(c). 

9 ‘‘(2)(A) An employee or Member may, with respect 

10 to any period of service for which such employee or Mem11 ber is allowed credit under this subsection, deposit to the 

12 credit of the Fund an amount equal to the deductions 

13 from basic pay which would have been required under sec14 tion 8334(a) if such service were service as an employee. 

15 ‘‘(B) An employee or Member who makes the deposit 

16 described in subparagraph (A) shall be allowed full retire17 ment credit for the period of service involved. 

18 ‘‘(C) If an employee or Member does not make the 

19 deposit or makes less than the full amount of the deposit 

20 described in subparagraph (A), retirement credit shall be 

21 allowed, but the resulting annuity shall be reduced in a 

22 manner similar to the method provided under section 

23 8339(j)(3) to make up the amount of any deposit de24 scribed in the second sentence thereof. In no event shall 

25 the application of this subparagraph cause an annuity to 
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1 be less than it would have been if this subsection had not 

2 been enacted. 

3 ‘‘(D) For the purpose of survivor annuities, any de4 posit authorized by subparagraph (A) may also be made 

5 by a survivor of an employee or Member. 

6 ‘‘(3) The Office shall accept the certification of the 

7 appropriate Secretary or his designee concerning the serv8 ice of, and the amount of compensation received by, an 

9 employee or Member with respect to which credit is sought 

10 under this subsection. For purposes of the preceding sen11 tence, the ‘appropriate Secretary’ is—

12 ‘‘(A) the Secretary of Defense, to the extent 

13 that service in or under the Department of Defense 

14 is involved; and 

15 ‘‘(B) the Secretary of Transportation, to the ex16 tent that service in or under the Coast Guard is in17 volved. 

18 ‘‘(4) An individual receiving credit for service for any 

19 period under this subsection shall not be granted credit 

20 for such service under any retirement system for employ21 ees of a nonappropriated fund instrumentality. 

22 ‘‘(5) An application for retirement credit under this 

23 subsection may be submitted no later than 2 years after 

24 the effective date of the regulations prescribed by the Of25 fice to carry out this subsection.’’. 
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1 (b) REGULATIONS.—The Office of Personnel Man2 agement shall prescribe regulations to carry out this Act 

3 and the amendment made by subsection (a). Such regula4 tions—

5 (1) shall take effect not later than 12 months 

6 after the date of the enactment of this Act; and 

7 (2) shall include provisions to provide for the 

8 application of such amendment in the case of—

9 (A) any employee or Member (as defined 

10 by the following sentence) who, upon separation 

11 (at the time described in paragraph (1) or (2) 

12 of subsection (c)), would otherwise be entitled 

13 to an annuity under chapter 84 of title 5, 

14 United States Code, that is partially computed 

15 under subchapter III of chapter 83 of such 

16 title; and 

17 (B) any survivor of an employee or Mem18 ber described in subparagraph (A). 

19 For purposes of this subsection, the terms ‘‘employee’’, 

20 ‘‘Member’’, and ‘‘survivor’’ have the meanings set forth 

21 in section 8401 of such title 5. 

22 (c) APPLICABILITY.—

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the amendment made by subsection (a) 

25 shall apply only in the case of any annuity entitle-
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1 ment which is based on a separation from service oc2 curring on or after the effective date of the regula3 tions prescribed under subsection (b). 

4 (2) LIMITED EXCEPTION FOR ANNUITIES

5 BASED ON SEPARATIONS OCCURRING AFTER DATE

6 OF ENACTMENT AND BEFORE EFFECTIVE DATE OF

7 IMPLEMENTING REGULATIONS.—

8 (A) RECOMPUTATION REQUIREMENT.—In 

9 the case of any individual—

10 (i) who is entitled to an annuity enti11 tlement to which is based on a separation 

12 from service occurring after the date of the 

13 enactment of this Act and before the effec14 tive date of the regulations prescribed 

15 under subsection (b), and 

16 (ii) whose annuity would be increased 

17 by the application of section 8332(o) of 

18 title 5, United States Code (as amended by 

19 subsection (a)), 

20 the Office of Personnel Management shall, upon re21 ceipt of an appropriate application submitted before 

22 the deadline specified in section 8332(o)(5) of such 

23 title 5 (as so amended), recompute the amount of 

24 such annuity so as to take such section 8332(o) into 

25 account. In carrying out the preceding sentence, any 
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1 deposit timely made shall be treated as if it had 

2 been made before the commencement date of the an3 nuity involved. 

4 (B) NO PAYMENT FOR ANY EARLIER PERI5 ODS.—Any change in an annuity resulting from 

6 a recomputation under subparagraph (A) shall 

7 be payable only with respect to amounts accru8 ing for months beginning after the date on 

9 which the application (referred to in subpara10 graph (A)) is received. 

11 SEC. 2. NOTIFICATION AND ASSISTANCE. 

12 (a) NOTIFICATION.—The Office of Personnel Man13 agement shall take such measures as it considers appro14 priate to inform individuals entitled to have any service 

15 credited under section 8332(o) of title 5, United States 

16 Code (as amended by section 1(a)), or to have any 

17 amounts recomputed under section 1(c)(2), of their enti18 tlement to such credit or recomputation. 

19 (b) ASSISTANCE FROM THE OFFICE OF PERSONNEL

20 MANAGEMENT.—The Office of Personnel Management 

21 shall, on request, assist any individual referred to in sub22 section (a) in obtaining from any department, agency, or 

23 other instrumentality of the United States such informa24 tion in the possession of such instrumentality as may be 

25 necessary to verify the entitlement of such individual to 
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1 have any service credited under section 8332(o) of title 

2 5, United States Code (as amended by section 1(a)) or 

3 to have any amounts recomputed under section 1(c)(2). 

4 (c) ASSISTANCE FROM OTHER AGENCIES.—Any de5 partment, agency, or other instrumentality of the United 

6 States which possesses any information with respect to 

7 any service of an individual described in section 8332(o) 

8 of title 5, United States Code (as amended by section 

9 1(a)) shall—

10 (1) at the request of such individual (or an ap11 propriate survivor), furnish such information to that 

12 individual (or survivor); and 

13 (2) at the request of the Office of Personnel 

14 Management, furnish such information to the Office.

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