IV

103D CONGRESS

2D SESSION H. RES. 380

Providing for the concurrence by the House with an amendment to the

amendment of the Senate to H.R. 3345.

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 1994

Mr. CLAY submitted the following resolution; which was considered under

suspension of the rules and agreed to

RESOLUTION

Providing for the concurrence by the House with an

amendment to the amendment of the Senate to H.R. 3345.

1 Resolved, That upon the adoption of this resolution,

2 the bill (H.R. 3345) to provide temporary authority to

3 Government agencies relating to voluntary separation in4 centive payments, and for other purposes, with the Senate

5 amendment thereto, shall be considered to have been taken

6 from the Speaker’s table to the end that the Senate

7 amendment thereto be, and the same is hereby, agreed to

8 with an amendment as follows:
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1 In lieu of the matter proposed to be inserted by the

2 amendment of the Senate to the text of the bill, insert

3 the following:

4 SECTION 1. SHORT TITLE.

5 This Act may be cited as the ‘‘Federal Workforce

6 Restructuring Act of 1994’’.

7 SEC. 2. TRAINING.

8 (a) IN GENERAL.—Chapter 41 of title 5, United

9 States Code, is amended—

10 (1) in section 4101(4) by striking ‘‘fields’’ and

11 all that follows through the semicolon and inserting

12 ‘‘fields which will improve individual and organiza13 tional performance and assist in achieving the

14 agency’s mission and performance goals;’’;

15 (2) in section 4103—

16 (A) in subsection (a)—

17 (i) by striking ‘‘In’’ and all that fol18 lows through ‘‘maintain’’ and inserting ‘‘In

19 order to assist in achieving an agency’s

20 mission and performance goals by improv21 ing employee and organizational perform22 ance, the head of each agency, in conform23 ity with this chapter, shall establish, oper24 ate, maintain, and evaluate’’;
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1 (ii) by striking ‘‘and’’ at the end of

2 paragraph (2);

3 (iii) by redesignating paragraph (3) as

4 paragraph (4); and

5 (iv) by inserting after paragraph (2)

6 the following:

7 ‘‘(3) provide that information concerning the

8 selection and assignment of employees for training

9 and the applicable training limitations and restric10 tions be made available to employees of the agency;

11 and’’; and

12 (B) in subsection (b)—

13 (i) in paragraph (1) by striking ‘‘de14 termines’’ and all that follows through the

15 period and inserting ‘‘determines that such

16 training would be in the interests of the

17 Government.’’;

18 (ii) by striking paragraph (2) and re19 designating paragraph (3) as paragraph

20 (2); and

21 (iii) in subparagraph (C) of paragraph

22 (2) (as so redesignated) by striking ‘‘re23 taining’’ and all that follows through the

24 period and inserting ‘‘such training.’’;

25 (3) in section 4105—
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1 (A) in subsection (a) by striking ‘‘(a)’’;

2 and

3 (B) by striking subsections (b) and (c);

4 (4) by repealing section 4106;

5 (5) in section 4107—

6 (A) by amending the catchline to read as

7 follows:

8 ‘‘§ 4107. Restriction on degree training’’;

9 (B) by striking subsections (a) and (b) and

10 redesignating subsections (c) and (d) as sub11 sections (a) and (b), respectively;

12 (C) by amending subsection (a) (as so re13 designated)—

14 (i) by striking ‘‘subsection (d)’’ and

15 inserting ‘‘subsection (b)’’; and

16 (ii) by striking ‘‘by, in, or through a

17 non-Government facility’’; and

18 (D) by amending paragraph (1) of sub19 section (b) (as so redesignated) by striking

20 ‘‘subsection (c)’’ and inserting ‘‘subsection (a)’’;

21 (6) in section 4108(a) by striking ‘‘by, in, or

22 through a non-Government facility under this chap23 ter’’ and inserting ‘‘for more than a minimum period

24 prescribed by the head of the agency’’;

25 (7) in section 4113(b)—
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1 (A) in the first sentence by striking ‘‘annu2 ally to the Office,’’ and inserting ‘‘to the Office,

3 at least once every 3 years, and’’; and

4 (B) by striking the matter following the

5 first sentence and inserting the following: ‘‘The

6 report shall set forth—

7 ‘‘(1) information needed to determine that

8 training is being provided in a manner which is in

9 compliance with applicable laws intended to protect

10 or promote equal employment opportunity; and

11 ‘‘(2) information concerning the expenditures of

12 the agency in connection with training and such

13 other information as the Office considers appro14 priate.’’;

15 (8) by repealing section 4114; and

16 (9) in section 4118—

17 (A) in subsection (a)(7) by striking ‘‘by,

18 in, and through non-Government facilities’’;

19 (B) by striking subsection (b); and

20 (C) by redesignating subsections (c) and

21 (d) as subsections (b) and (c), respectively.

22 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

23 Title 5, United States Code, is amended—

24 (1) in section 3381(e) by striking ‘‘4105(a),’’

25 and inserting ‘‘4105,’’; and
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1 (2) in the analysis for chapter 41—

2 (A) by repealing the items relating to sec3 tions 4106 and 4114; and

4 (B) by amending the item relating to sec5 tion 4107 to read as follows:

‘‘4107. Restriction on degree training.’’.

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

7 this section shall become effective on the date of enact8 ment of this Act.

9 SEC. 3. VOLUNTARY SEPARATION INCENTIVES.

10 (a) DEFINITIONS.—For the purpose of this section—

11 (1) the term ‘‘agency’’ means an Executive

12 agency (as defined by section 105 of title 5, United

13 States Code), but does not include the Department

14 of Defense, the Central Intelligence Agency, or the

15 General Accounting Office; and

16 (2) the term ‘‘employee’’ means an employee

17 (as defined by section 2105 of title 5, United States

18 Code) who is employed by an agency, is serving

19 under an appointment without time limitation, and

20 has been currently employed for a continuous period

21 of at least 12 months; such term includes an individ22 ual employed by a county committee established

23 under section 8(b) of the Soil Conservation and Do24 mestic Allotment Act (16 U.S.C. 590h(b)), but does

25 not include—
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1 (A) a reemployed annuitant under sub2 chapter III of chapter 83 or chapter 84 of title

3 5, United States Code, or another retirement

4 system for employees of the Government; or

5 (B) an employee having a disability on the

6 basis of which such employee is or would be eli7 gible for disability retirement under the applica8 ble retirement system referred to in subpara9 graph (A).

10 (b) AUTHORITY.—

11 (1) IN GENERAL.—In order to avoid or mini12 mize the need for involuntary separations due to a

13 reduction in force, reorganization, transfer of func14 tion, or other similar action, and subject to para15 graph (2), the head of an agency may pay, or au16 thorize the payment of, voluntary separation incen17 tive payments to agency employees—

18 (A) in any component of the agency;

19 (B) in any occupation;

20 (C) in any geographic location; or

21 (D) on the basis of any combination of fac22 tors under subparagraphs (A) through (C).

23 (2) CONDITION.—

24 (A) IN GENERAL.—In order to receive an

25 incentive payment, an employee must separate
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1 from service with the agency (whether by retire2 ment or resignation) before April 1, 1995.

3 (B) EXCEPTION.—An employee who does

4 not separate from service before the date speci5 fied in subparagraph (A) shall be ineligible for

6 an incentive payment under this section un7 less—

8 (i) the agency head determines that,

9 in order to ensure the performance of the

10 agency’s mission, it is necessary to delay

11 such employee’s separation; and

12 (ii) the employee separates after com13 pleting any additional period of service re14 quired (but not later than March 31,

15 1997).

16 (c) AMOUNT AND TREATMENT OF PAYMENTS.—A

17 voluntary separation incentive payment—

18 (1) shall be paid in a lump sum after the em19 ployee’s separation;

20 (2) shall be equal to the lesser of—

21 (A) an amount equal to the amount the

22 employee would be entitled to receive under sec23 tion 5595(c) of title 5, United States Code, if

24 the employee were entitled to payment under

25 such section; or
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1 (B) $25,000;

2 (3) shall not be a basis for payment, and shall

3 not be included in the computation, of any other

4 type of Government benefit;

5 (4) shall not be taken into account in determin6 ing the amount of any severance pay to which an

7 employee may be entitled under section 5595 of title

8 5, United States Code, based on any other separa9 tion; and

10 (5) shall be paid from appropriations or funds

11 available for the payment of the basic pay of the

12 employee.

13 (d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH

14 THE GOVERNMENT.—

15 (1) IN GENERAL.—An employee who has re16 ceived a voluntary separation incentive payment

17 under this section and accepts employment with the

18 Government of the United States within 5 years

19 after the date of the separation on which the pay20 ment is based shall be required to repay the entire

21 amount of the incentive payment to the agency that

22 paid the incentive payment.

23 (2) WAIVER AUTHORITY.—

24 (A) EXECUTIVE AGENCY.—If the employ25 ment is with an Executive agency (as defined
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1 by section 105 of title 5, United States Code),

2 the Director of the Office of Personnel Manage3 ment may, at the request of the head of the

4 agency, waive the repayment if the individual

5 involved possesses unique abilities and is the

6 only qualified applicant available for the posi7 tion.

8 (B) LEGISLATIVE BRANCH.—If the em9 ployment is with an entity in the legislative

10 branch, the head of the entity or the appointing

11 official may waive the repayment if the individ12 ual involved possesses unique abilities and is

13 the only qualified applicant available for the

14 position.

15 (C) JUDICIAL BRANCH.—If the employ16 ment is with the judicial branch, the Director of

17 the Administrative Office of the United States

18 Courts may waive the repayment if the individ19 ual involved possesses unique abilities and is

20 the only qualified applicant available for the

21 position.

22 (3) DEFINITION.—For purposes of paragraph

23 (1) (but not paragraph (2)), the term ‘‘employment’’

24 includes employment under a personal services con25 tract with the United States.
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1 (e) REGULATIONS.—The Director of the Office of

2 Personnel Management may prescribe any regulations

3 necessary for the administration of subsections (a)

4 through (d).

5 (f) EMPLOYEES OF THE JUDICIAL BRANCH.—The

6 Director of the Administrative Office of the United States

7 Courts may, by regulation, establish a program consistent

8 with the program established by subsections (a) through

9 (d) for individuals serving in the judicial branch.

10 SEC. 4. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RE11 TIREMENT FUND.

12 (a) RELATING TO FISCAL YEARS 1994 AND 1995.—

13 (1) IN GENERAL.—In addition to any other

14 payments which it is required to make under sub15 chapter III of chapter 83 of title 5, United States

16 Code, an agency shall remit to the Office of Person17 nel Management for deposit in the Treasury of the

18 United States to the credit of the Civil Service Re19 tirement and Disability Fund an amount equal to 9

20 percent of the final basic pay of each employee of

21 the agency—

22 (A) who, on or after the date of the enact23 ment of this Act and before October 1, 1995,

24 retires under section 8336(d)(2) of such title;

25 and
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1 (B) to whom a voluntary separation incen2 tive payment has been or is to be paid by such

3 agency based on that retirement.

4 (2) DEFINITIONS.—For the purpose of this

5 subsection—

6 (A) the term ‘‘final basic pay’’, with re7 spect to an employee, means the total amount

8 of basic pay which would be payable for a year

9 of service by such employee, computed using

10 the employee’s final rate of basic pay, and, if

11 last serving on other than a full-time basis, with

12 appropriate adjustment therefor; and

13 (B) the term ‘‘voluntary separation incen14 tive payment’’ means—

15 (i) a voluntary separation incentive

16 payment under section 3 (including under

17 any program established under section

18 3(f)); and

19 (ii) any separation pay under section

20 5597 of title 5, United States Code, or sec21 tion 2 of the Central Intelligence Agency

22 Voluntary Separation Pay Act (Public Law

23 103–36; 107 Stat. 104).

24 (b) RELATING TO FISCAL YEARS 1995 THROUGH

25 1998.—
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1 (1) IN GENERAL.—In addition to any other

2 payments which it is required to make under sub3 chapter III of chapter 83 or chapter 84 of title 5,

4 United States Code, in fiscal years 1995, 1996,

5 1997, and 1998 (and in addition to any amounts re6 quired under subsection (a)), each agency shall, be7 fore the end of each such fiscal year, remit to the

8 Office of Personnel Management for deposit in the

9 Treasury of the United States to the credit of the

10 Civil Service Retirement and Disability Fund an

11 amount equal to the product of—

12 (A) the number of employees of such agen13 cy who, as of March 31st of such fiscal year,

14 are subject to subchapter III of chapter 83 or

15 chapter 84 of such title; multiplied by

16 (B) $80.

17 (2) DEFINITION.—For the purpose of this sub18 section, the term ‘‘agency’’ means an Executive

19 agency (as defined by section 105 of title 5, United

20 States Code), but does not include the General

21 Accounting Office.

22 (c) REGULATIONS.—The Director of the Office of

23 Personnel Management may prescribe any regulations

24 necessary to carry out this section.
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1 SEC. 5. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT

2 POSITIONS.

3 (a) DEFINITION.—For the purpose of this section,

4 the term ‘‘agency’’ means an Executive agency (as defined

5 by section 105 of title 5, United States Code), but does

6 not include the General Accounting Office.

7 (b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI8 TIONS.—The President, through the Office of Manage9 ment and Budget (in consultation with the Office of Per10 sonnel Management), shall ensure that the total number

11 of full-time equivalent positions in all agencies shall not

12 exceed—

13 (1) 2,084,600 during fiscal year 1994;

14 (2) 2,043,300 during fiscal year 1995;

15 (3) 2,003,300 during fiscal year 1996;

16 (4) 1,963,300 during fiscal year 1997;

17 (5) 1,922,300 during fiscal year 1998; and

18 (6) 1,882,300 during fiscal year 1999.

19 (c) MONITORING AND NOTIFICATION.—The Office of

20 Management and Budget, after consultation with the Of21 fice of Personnel Management, shall—

22 (1) continuously monitor all agencies and make

23 a determination on the first date of each quarter of

24 each applicable fiscal year of whether the require25 ments under subsection (b) are met; and
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1 (2) notify the President and the Congress on

2 the first date of each quarter of each applicable fis3 cal year of any determination that any requirement

4 of subsection (b) is not met.

5 (d) COMPLIANCE.—If, at any time during a fiscal

6 year, the Office of Management and Budget notifies the

7 President and the Congress that any requirement under

8 subsection (b) is not met, no agency may hire any em9 ployee for any position in such agency until the Office of

10 Management and Budget notifies the President and the

11 Congress that the total number of full-time equivalent po12 sitions for all agencies equals or is less than the applicable

13 number required under subsection (b).

14 (e) WAIVER.—

15 (1) EMERGENCIES.—Any provision of this sec16 tion may be waived upon a determination by the

17 President that—

18 (A) the existence of a state of war or other

19 national security concern so requires; or

20 (B) the existence of an extraordinary

21 emergency threatening life, health, safety, prop22 erty, or the environment so requires.

23 (2) AGENCY EFFICIENCY OR CRITICAL MIS24 SION.—
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1 (A) Subsection (d) may be waived, in the

2 case of a particular position or category of posi3 tions in an agency, upon a determination of the

4 President that the efficiency of the agency or

5 the performance of a critical agency mission so

6 requires.

7 (B) Whenever the President grants a waiv8 er pursuant to subparagraph (A), the President

9 shall take all necessary actions to ensure that

10 the overall limitations set forth in subsection

11 (b) are not exceeded.

12 (f) EMPLOYMENT BACKFILL PREVENTION.—

13 (1) IN GENERAL.—The total number of funded

14 employee positions in all agencies (excluding the De15 partment of Defense and the Central Intelligence

16 Agency) shall be reduced by one position for each

17 vacancy created by the separation of any employee

18 who has received, or is due to receive, a voluntary

19 separation incentive payment under section 3 (a)–

20 (e). For purposes of this subsection, positions and

21 vacancies shall be counted on a full-time-equivalent

22 basis.

23 (2) RELATED RESTRICTION.—No funds budg24 eted for and appropriated by any Act for salaries or

25 expenses of positions eliminated under this sub-
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1 section may be used for any purpose other than

2 authorized separation costs.

3 (g) LIMITATION ON PROCUREMENT OF SERVICE

4 CONTRACTS.—The President shall take appropriate action

5 to ensure that there is no increase in the procurement of

6 service contracts by reason of the enactment of this Act,

7 except in cases in which a cost comparison demonstrates

8 such contracts would be to the financial advantage of the

9 Federal Government.

10 SEC. 6. SUBSEQUENT EMPLOYMENT AND REPAYMENT OF

11 SEPARATION PAYMENT.

12 (a) DEFENSE AGENCY SEPARATION PAY.—Section

13 5597 of title 5, United States Code, is amended by adding

14 at the end the following:

15 ‘‘(g)(1) An employee who receives separation pay

16 under this section on the basis of a separation occurring

17 on or after the date of the enactment of the Federal

18 Workforce Restructuring Act of 1994 and accepts employ19 ment with the Government of the United States within

20 5 years after the date of the separation on which payment

21 of the separation pay is based shall be required to repay

22 the entire amount of the separation pay to the defense

23 agency that paid the separation pay.

24 ‘‘(2) If the employment is with an Executive agency,

25 the Director of the Office of Personnel Management may,
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1 at the request of the head of the agency, waive the repay2 ment if the individual involved possesses unique abilities

3 and is the only qualified applicant available for the

4 position.

5 ‘‘(3) If the employment is with an entity in the legis6 lative branch, the head of the entity or the appointing offi7 cial may waive the repayment if the individual involved

8 possesses unique abilities and is the only qualified appli9 cant available for the position.

10 ‘‘(4) If the employment is with the judicial branch,

11 the Director of the Administrative Office of the United

12 States Courts may waive the repayment if the individual

13 involved possesses unique abilities and is the only qualified

14 applicant available for the position.’’.

15 (b) CENTRAL INTELLIGENCE AGENCY SEPARATION

16 PAYMENT.—Section 2(b) of the Central Intelligence Agen17 cy Voluntary Separation Pay Act (Public Law 103–36;

18 107 Stat. 104) is amended by adding at the end the fol19 lowing: ‘‘An employee who receives separation pay under

20 this section on the basis of a separation occurring on or

21 after the date of the enactment of the Federal Workforce

22 Restructuring Act of 1994 and accepts employment with

23 the Government of the United States within 5 years after

24 the date of the separation on which payment of the separa25 tion pay is based shall be required to repay the entire
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1 amount of the separation pay to the Central Intelligence

2 Agency. If the employment is with an Executive agency

3 (as defined by section 105 of title 5, United States Code),

4 the Director of the Office of Personnel Management may,

5 at the request of the head of the agency, waive the repay6 ment if the individual involved possesses unique abilities

7 and is the only qualified applicant available for the posi8 tion. If the employment is with an entity in the legislative

9 branch, the head of the entity or the appointing official

10 may waive the repayment if the individual involved pos11 sesses unique abilities and is the only qualified applicant

12 available for the position. If the employment is with the

13 judicial branch, the Director of the Administrative Office

14 of the United States Courts may waive the repayment if

15 the individual involved possesses unique abilities and is the

16 only qualified applicant available for the position.’’.

17 SEC. 7. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR

18 THRIFT SAVINGS PLAN PARTICIPANTS.

19 (a) PARTICIPATION IN THE THRIFT SAVINGS

20 PLAN.—Section 8351(b) of title 5, United States Code,

21 is amended—

22 (1) by amending paragraph (4) to read as fol23 lows:

24 ‘‘(4) Section 8433(b) of this title applies to any em25 ployee or Member who elects to make contributions to the
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1 Thrift Savings Fund under subsection (a) of this section

2 and separates from Government employment.’’;

3 (2) by striking paragraphs (5), (6), and (8);

4 (3) by redesignating paragraphs (7), (9), and

5 (10) as paragraphs (5), (6), and (7), respectively;

6 (4) in paragraph (5)(C) (as so redesignated by

7 paragraph (3) of this subsection) by striking ‘‘or

8 former spouse’’ each place it appears;

9 (5) by amending paragraph (6) (as so redesig10 nated by paragraph (3) of this subsection) to read

11 as follows:

12 ‘‘(6) Notwithstanding paragraph (4), if an employee

13 or Member separates from Government employment and

14 such employee’s or Member’s nonforfeitable account bal15 ance is $3,500 or less, the Executive Director shall pay

16 the nonforfeitable account balance to the participant in a

17 single payment unless the employee or Member elects, at

18 such time and otherwise in such manner as the Executive

19 Director prescribes, one of the options available under

20 subsection (b).’’; and

21 (6) in paragraph (7) (as so redesignated by

22 paragraph (3) of this subsection) by striking

23 ‘‘nonforfeiture’’ and inserting ‘‘nonforfeitable’’.

24 (b) BENEFITS AND ELECTION OF BENEFITS.—Sec25 tion 8433 of title 5, United States Code, is amended—
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1 (1) in subsection (b) by striking the matter be2 fore paragraph (1) and inserting the following:

3 ‘‘(b) Subject to section 8435 of this title, any em4 ployee or Member who separates from Government em5 ployment is entitled and may elect—’’;

6 (2) by striking subsections (c) and (d) and re7 designating subsections (e) through (i) as sub8 sections (c) through (g), respectively;

9 (3) in subsection (c)(1) (as so redesignated by

10 paragraph (2) of this subsection) by striking ‘‘or

11 (c)(4) or required under subsection (d) directly to an

12 eligible retirement plan or plans (as defined in sec13 tion 402(a)(5)(E) of the Internal Revenue Code of

14 1954)’’ and inserting ‘‘directly to an eligible retire15 ment plan or plans (as defined in section 402(c)(8)

16 of the Internal Revenue Code of 1986)’’;

17 (4) in subsection (d)(2) (as so redesignated by

18 paragraph (2) of this subsection) by striking ‘‘or

19 (c)(2)’’; and

20 (5) in subsection (f) (as so redesignated by

21 paragraph (2) of this subsection)—

22 (A) by striking paragraph (1) and redesig23 nating paragraphs (2) and (3) as paragraphs

24 (1) and (2), respectively; and
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1 (B) in paragraph (1) (as so redesignated

2 by subparagraph (A) of this paragraph)—

3 (i) by striking ‘‘Notwithstanding sub4 sections (b) and (c), if an employee or

5 Member separates from Government em6 ployment under circumstances making

7 such employee or Member eligible to make

8 an election under either of those sub9 sections, and such employee’s or Mem10 ber’s’’ and inserting ‘‘Notwithstanding

11 subsection (b), if an employee or Member

12 separates from Government employment,

13 and such employee’s or Member’s’’; and

14 (ii) by striking ‘‘or (c), as applicable’’;

15 and

16 (C) in paragraph (2) (as so redesignated

17 by subparagraph (A) of this paragraph) by

18 striking ‘‘paragraphs (1) and (2)’’ and inserting

19 ‘‘paragraph (1)’’.

20 (c) ANNUITIES: METHODS OF PAYMENT; ELECTION;

21 PURCHASE.—Section 8434(c) of title 5, United States

22 Code, is amended to read as follows:

23 ‘‘(c) Notwithstanding the elimination of a method of

24 payment by the Board, an employee, Member, former em25 ployee, or former Member may elect the eliminated method
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1 if the elimination of such method becomes effective less

2 than 5 years before the date on which that individual’s

3 annuity commences.’’.

4 (d) PROTECTIONS FOR SPOUSES AND FORMER

5 SPOUSES.—Section 8435 of title 5, United States Code,

6 is amended—

7 (1) in subsection (a)(1)(A) by striking ‘‘sub8 section (b)(3), (b)(4), (c)(3), or (c)(4) of section

9 8433 of this title or change an election previously

10 made under subsection (b)(1), (b)(2), (c)(1), or

11 (c)(2)’’ and inserting ‘‘subsection (b)(3) or (b)(4) of

12 section 8433 of this title or change an election pre13 viously made under subsection (b)(1) or (b)(2)’’;

14 (2) by striking subsection (b);

15 (3) by redesignating subsections (c) through (i)

16 as subsections (b) through (h), respectively;

17 (4) in subsection (b) (as so redesignated by

18 paragraph (3) of this subsection) by amending para19 graph (2) to read as follows:

20 ‘‘(2) Paragraph (1) shall not apply if—

21 ‘‘(A) a joint waiver of such method is

22 made, in writing, by the employee or Member

23 and the spouse; or

24 ‘‘(B) the employee or Member waives such

25 method, in writing, after establishing to the sat-
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1 isfaction of the Executive Director that cir2 cumstances described under subsection (a)(2)

3 (A) or (B) make the requirement of a joint

4 waiver inappropriate.’’; and

5 (5) in subsection (c)(1) (as so redesignated by

6 paragraph (3) of this subsection) by striking ‘‘and a

7 transfer may not be made under section 8433(d) of

8 this title’’.

9 (e) JUSTICES AND JUDGES.—Section 8440a(b) of

10 title 5, United States Code, is amended—

11 (1) in paragraph (5) by striking ‘‘Section

12 8433(d)’’ and inserting ‘‘Section 8433(b)’’; and

13 (2) by striking paragraphs (7) and (8) and in14 serting the following:

15 ‘‘(7) Notwithstanding paragraphs (4) and (5), if any

16 justice or judge retires under subsection (a) or (b) of sec17 tion 371 or section 372(a) of title 28, or resigns without

18 having met the age and service requirements set forth

19 under section 371(c) of title 28, and such justice’s or

20 judge’s nonforfeitable account balance is $3,500 or less,

21 the Executive Director shall pay the nonforfeitable ac22 count balance to the participant in a single payment un23 less the justice or judge elects, at such time and otherwise

24 in such manner as the Executive Director prescribes, one

25 of the options available under section 8433(b).’’.
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1 (f) BANKRUPTCY JUDGES AND MAGISTRATES.—Sec2 tion 8440b of title 5, United States Code, is amended—

3 (1) in subsection (b)(4) by amending subpara4 graph (B) to read as follows:

5 ‘‘(B) Section 8433(b) of this title applies to any

6 bankruptcy judge or magistrate who elects to make con7 tributions to the Thrift Savings Fund under subsection

8 (a) of this section and who retires before attaining age

9 65 but is entitled, upon attaining age 65, to an annuity

10 under section 377 of title 28 or section 2(c) of the Retire11 ment and Survivors Annuities for Bankruptcy Judges and

12 Magistrates Act of 1988.’’;

13 (2) in subsection (b)(4)(C) by striking ‘‘Section

14 8433(d)’’ and inserting ‘‘Section 8433(b)’’;

15 (3) in subsection (b)(5) by striking ‘‘retirement

16 under section 377 of title 28 is’’ and inserting ‘‘any

17 of the actions described under paragraph (4) (A),

18 (B), or (C) shall be considered’’;

19 (4) in subsection (b) by striking paragraph (8)

20 and redesignating paragraph (9) as paragraph (8);

21 and

22 (5) in paragraph (8) of subsection (b) (as so re23 designated by paragraph (4) of this subsection)—

24 (A) by striking ‘‘Notwithstanding subpara25 graphs (A) and (B) of paragraph (4), if any
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1 bankruptcy judge or magistrate retires under

2 circumstances making such bankruptcy judge or

3 magistrate eligible to make an election under

4 subsection (b) or (c)’’ and inserting ‘‘Notwith5 standing paragraph (4), if any bankruptcy

6 judge or magistrate retires under circumstances

7 making such bankruptcy judge or magistrate el8 igible to make an election under subsection

9 (b)’’; and

10 (B) by striking ‘‘and (c), as applicable’’.

11 (g) CLAIMS COURT JUDGES.—Section 8440c of title

12 5, United States Code, is amended—

13 (1) in subsection (b)(4)(B) by striking ‘‘Section

14 8433(d)’’ and inserting ‘‘Section 8433(b)’’;

15 (2) in subsection (b)(5) by striking ‘‘retirement

16 under section 178 of title 28 is’’ and inserting ‘‘any

17 of the actions described in paragraph (4) (A) or (B)

18 shall be considered’’;

19 (3) in subsection (b) by striking paragraph (8)

20 and redesignating paragraph (9) as paragraph (8);

21 and

22 (4) in paragraph (8) (as so redesignated by

23 paragraph (3) of this subsection) by striking ‘‘Not24 withstanding paragraph (4)(A)’’ and inserting ‘‘Not25 withstanding paragraph (4)’’.
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1 (h) JUDGES OF THE UNITED STATES COURT OF

2 VETERANS APPEALS.—Section 8440d(b)(5) of title 5,

3 United States Code, is amended by striking ‘‘A transfer

4 shall be made as provided in section 8433(d) of this title’’

5 and inserting ‘‘Section 8433(b) of this title applies’’.

6 (i) TECHNICAL AND CONFORMING AMENDMENTS.—

7 Title 5, United States Code, is amended—

8 (1) in section 8351(b)(5)(B) (as so redesig9 nated by subsection (a)(3) of this section) by strik10 ing ‘‘section 8433(i)’’ and inserting ‘‘section

11 8433(g)’’;

12 (2) in section 8351(b)(5)(D) (as so redesig13 nated by subsection (a)(3) of this section) by strik14 ing ‘‘section 8433(i)’’ and inserting ‘‘section

15 8433(g)’’;

16 (3) in section 8433(b)(4) by striking ‘‘sub17 section (e)’’ and inserting ‘‘subsection (c)’’;

18 (4) in section 8433(d)(1) (as so redesignated by

19 subsection (b)(2) of this section) by striking ‘‘(d) of

20 section 8435’’ and inserting ‘‘(c) of section 8435’’;

21 (5) in section 8433(d)(2) (as so redesignated by

22 subsection (b)(2) of this section) by striking ‘‘section

23 8435(d)’’ and inserting ‘‘section 8435(c)’’;
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1 (6) in section 8433(e) (as so redesignated by

2 subsection (b)(2) of this section) by striking ‘‘section

3 8435(d)(2)’’ and inserting ‘‘section 8435(c)(2)’’;

4 (7) in section 8433(g)(5) (as so redesignated by

5 subsection (b)(2) of this section) by striking ‘‘section

6 8435(f)’’ and inserting ‘‘section 8435(e)’’;

7 (8) in section 8434(b) by striking ‘‘section

8 8435(c)’’ and inserting ‘‘section 8435(b)’’;

9 (9) in section 8435(a)(1)(B) by striking ‘‘sub10 section (c)’’ and inserting ‘‘subsection (b)’’;

11 (10) in section 8435(d)(1)(B) (as so redesig12 nated by subsection (d)(3) of this section) by strik13 ing ‘‘subsection (d)(2)’’ and inserting ‘‘subsection

14 (c)(2)’’;

15 (11) in section 8435(d)(3)(A) (as so redesig16 nated by subsection (d)(3) of this section) by strik17 ing ‘‘subsection (c)(1)’’ and inserting ‘‘subsection

18 (b)(1)’’;

19 (12) in section 8435(d)(6) (as so redesignated

20 by subsection (d)(3) of this section) by striking ‘‘or

21 (c)(2)’’ and inserting ‘‘or (b)(2)’’;

22 (13) in section 8435(e)(1)(A) (as so redesig23 nated by subsection (d)(3) of this section) by strik24 ing ‘‘section 8433(i)’’ and inserting ‘‘section

25 8433(g)’’;
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1 (14) in section 8435(e)(2) (as so redesignated

2 by subsection (d)(3) of this section) by striking ‘‘sec3 tion 8433(i) of this title shall not be approved if ap4 proval would have the result described in subsection

5 (d)(1)’’ and inserting ‘‘section 8433(g) of this title

6 shall not be approved if approval would have the re7 sult described under subsection (c)(1)’’;

8 (15) in section 8435(g) (as so redesignated by

9 subsection (d)(3) of this section) by striking ‘‘section

10 8433(i)’’ and inserting ‘‘section 8433(g)’’;

11 (16) in section 8437(c)(5) by striking ‘‘section

12 8433(i)’’ and inserting ‘‘section 8433(g)’’; and

13 (17) in section 8440a(b)(6) by striking ‘‘section

14 8351(b)(7)’’ and inserting ‘‘section 8351(b)(5)’’.

15 (j) EFFECTIVE DATE.—This section shall take effect

16 1 year after the date of the enactment of this Act or on

17 such earlier date as the Executive Director of the Federal

18 Retirement Thrift Investment Board shall provide in

19 regulation.

20 SEC. 8. AMENDMENTS TO ALASKA RAILROAD TRANSFER

21 ACT OF 1982 REGARDING FORMER FEDERAL

22 EMPLOYEES.

23 (a) APPLICABILITY OF VOLUNTARY SEPARATION IN24 CENTIVES TO CERTAIN FORMER FEDERAL EMPLOY25 EES.—Section 607(a) of the Alaska Railroad Transfer Act
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1 of 1982 (45 U.S.C. 1206(a)) is amended by adding at the

2 end the following:

3 ‘‘(4)(A) The State-owned railroad shall be in4 cluded in the definition of ‘agency’ for purposes of

5 section 3 (a), (b), (c), and (e) of the Federal

6 Workforce Restructuring Act of 1994 and may elect

7 to participate in the voluntary separation incentive

8 program established under such Act. Any employee

9 of the State-owned railroad who meets the qualifica10 tions as described under the first sentence of para11 graph (1) shall be deemed an employee under such

12 Act.

13 ‘‘(B) An employee who has received a voluntary

14 separation incentive payment under this paragraph

15 and accepts employment with the State-owned rail16 road within 5 years after the date of separation on

17 which payment of the incentive is based shall be re18 quired to repay the entire amount of the incentive

19 payment unless the head of the State-owned railroad

20 determines that the individual involved possesses

21 unique abilities and is the only qualified applicant

22 available for the position.’’.

23 (b) LIFE AND HEALTH INSURANCE BENEFITS.—Sec24 tion 607 of the Alaska Railroad Transfer Act of 1982 (45
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1 U.S.C. 1206) is amended by striking subsection (e) and

2 inserting the following:

3 ‘‘(e)(1) Any person described under the provisions of

4 paragraph (2) may elect life insurance coverage under

5 chapter 87 of title 5, United States Code, and enroll in

6 a health benefits plan under chapter 89 of title 5, United

7 States Code, in accordance with the provisions of this sub8 section.

9 ‘‘(2) The provisions of paragraph (1) shall apply to

10 any person who—

11 ‘‘(A) on the date of the enactment of the Fed12 eral Workforce Restructuring Act of 1994, is an em13 ployee of the State-owned railroad;

14 ‘‘(B) has 20 years or more of service (in the

15 civil service as a Federal employee or as an employee

16 of the State-owned railroad, combined) on the date

17 of retirement from the State-owned railroad; and

18 ‘‘(C)(i) was covered under a life insurance pol19 icy pursuant to chapter 87 of title 5, United States

20 Code, on January 4, 1985, for the purpose of elect21 ing life insurance coverage under the provisions of

22 paragraph (1); or

23 ‘‘(ii) was enrolled in a health benefits plan pur24 suant to chapter 89 of title 5, United States Code,

25 on January 4, 1985, for the purpose of enrolling in
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1 a health benefits plan under the provisions of para2 graph (1).

3 ‘‘(3) For purposes of this section, any person de4 scribed under the provisions of paragraph (2) shall be

5 deemed to have been covered under a life insurance policy

6 under chapter 87 of title 5, United States Code, and to

7 have been enrolled in a health benefits plan under chapter

8 89 of title 5, United States Code, during the period begin9 ning on January 5, 1985, through the date of retirement

10 of any such person.

11 ‘‘(4) The provisions of paragraph (1) shall not apply

12 to any person described under paragraph (2) until the

13 date such person retires from the State-owned railroad.’’.

Æ

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