I

103D CONGRESS

2D SESSION H. R. 4409

To allow service performed as an employee of a nonappropriated fund instrumentality after 1965 and before 1987 to be considered creditable for

purposes of civil service retirement.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1994

Mr. HOBSON (for himself and Mr. HALL of Ohio) introduced the following bill;

which was referred to the Committee on Post Office and Civil Service

A BILL

To allow service performed as an employee of a

nonappropriated fund instrumentality after 1965 and before 1987 to be considered creditable for purposes of

civil service retirement.

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 PRIOR SERVICE.

4 Subject to succeeding provisions of this Act, service

5 performed by an individual as an employee described in

6 section 2105(c) of title 5, United States Code, after De7 cember 31, 1965, and before January 1, 1987, shall be
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1 considered creditable service for purposes of subchapter

2 III of chapter 83 of title 5, United States Code.

3 SEC. 2. CONDITIONS.

4 (a) IN GENERAL.—In order for any service described

5 in section 1 to be considered creditable for the purposes

6 described in such section—

7 (1) the service must have been performed by an

8 individual who—

9 (A)(i) on the date of the enactment of this

10 Act, is an employee subject to subchapter III of

11 chapter 83 of title 5, United States Code; or

12 (ii) within 12 months before the date of

13 the enactment of this Act, was separated from

14 a position in which such individual was subject

15 to such subchapter; and

16 (B) as of the date of making application

17 under paragraph (2) or, if later, the date of

18 separation on which entitlement to annuity is

19 based, satisfies the requirements of section

20 8333 of title 5, United States Code (disregard21 ing any service for which credit is sought under

22 this Act); and

23 (2) written application must be submitted to

24 the Office of Personnel Management, by the individ-
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1 ual who performed the service involved, within 12

2 months after the date of the enactment of this Act.

3 (b) NON-CREDITABILITY OF CERTAIN SERVICE.—

4 Section 1 shall not result in the crediting of any period

5 of service which was performed by an individual while such

6 individual was participating in a retirement system estab7 lished for employees described in section 2105(c) of title

8 5, United States Code.

9 SEC. 3. ANNUITY REDUCTION IN LIEU OF DEPOSIT.

10 (a) IN GENERAL.—The annuity of any individual de11 scribed in section 1 which is computed or recomputed as

12 a result of this Act shall be reduced, under regulations

13 prescribed by the Office of Personnel Management, by an

14 amount determined in a manner such that the present

15 value of all future reductions under this section shall, to

16 the extent practicable, be actuarially equivalent to the

17 present value of the deposit which would otherwise be re18 quired under section 8339(i) of title 5, United States Code

19 (including interest) with respect to the service made cred20 itable under this Act.

21 (b) LIMITATION.—Nothing in this section shall cause

22 an annuity to be reduced below the amount to which such

23 annuity would be equal if this Act had not been enacted.

24 SEC. 4. PROVISIONS RELATING TO RECOMPUTATIONS.

25 In the case of any individual who—
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1 (1) retired on an annuity commencing before

2 the date of the enactment of this Act, and

3 (2) performed any service which becomes cred4 itable as a result of the enactment of this Act,

5 any annuity recomputation necessitated by this Act shall

6 be effective with respect to payments accruing for months

7 beginning after the date on which application under sec8 tion 2(a)(2) is received by the Office of Personnel Manage9 ment with respect to such service.

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