II

103D CONGRESS

1ST SESSION S. 1120

To provide that periods of training in the Cadet Nurse Corps during World

War II be made creditable for Federal retirement purposes with respect

to annuitants and certain other individuals not included under Public

Law 99–638.

IN THE SENATE OF THE UNITED STATES

JUNE 16 (legislative day, JUNE 15), 1993

Mr. SHELBY introduced the following bill; which was read twice and referred

to the Committee on Veterans’ Affairs

JUNE 24 (legislative day, JUNE 22), 1993

Committee discharged; referred to the Committee on Governmental Affairs

A BILL

To provide that periods of training in the Cadet Nurse

Corps during World War II be made creditable for Federal retirement purposes with respect to annuitants and

certain other individuals not included under Public Law

99–638.

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 ‘‘World War II Cadet

5 Nurse Civil Service Fairness Act’’.
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1 SEC. 2. ELIGIBILITY OF ANNUITANTS.

2 (a) CONDITIONS FOR ANNUITY REDETERMINATIONS

3 GENERALLY.—Subject to subsection (b) and the following

4 sentence, in the case of any individual who—

5 (1) engaged in at least one year of training as

6 a student or graduate nurse under a plan approved

7 under section 2 of the Act of June 15, 1943 (57

8 Stat. 153), and

9 (2) was separated from service as an employee

10 (within the meaning of section 8331(1) of title 5,

11 United States Code) before the date of the enact12 ment of this Act,

13 any annuity under subchapter III of chapter 83 of such

14 title, based on the service of such individual, shall be rede15 termined by taking into account, and treating as creditable

16 service, any period of such training engaged in by such

17 individual. An individual shall be ineligible for consider18 ation under this section if such individual could have quali19 fied for a redetermined annuity under the first section of

20 Public Law 99–638.

21 (b) APPLICATION AND DEPOSIT REQUIREMENTS.—

22 This section shall not apply with respect to any individual

23 satisfying subsection (a) unless, within fourteen months

24 after the date of the enactment of this Act, such individ25 ual—
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1 (1) submits appropriate written application to

2 the Office of Personnel Management in such form

3 and manner as the Office may prescribe; and

4 (2) makes an appropriate deposit in accordance

5 with section 8334(c) of title 5, United States Code,

6 with respect to the period of training involved.

7 (c) PROSPECTIVE APPLICABILITY.—Any change in

8 an annuity resulting from a redetermination under sub9 section (a) shall be effective only with respect to amounts

10 accruing for months beginning after the requirements of

11 paragraphs (1) and (2) of subsection (b) have been met

12 by the individual involved.

13 SEC. 3. ELIGIBILITY OF CERTAIN OTHER INDIVIDUALS.

14 (a) IN GENERAL.—In the case of any individual who

15 engaged in at least one year but less than two years of

16 training (as described in section 1(a)(1)), the total period

17 of such training shall be treated as creditable civilian serv18 ice for purposes of subchapter III of chapter 83, or chap19 ter 84, of title 5, United States Code, as applicable, if—

20 (1) within fourteen months after the date of the

21 enactment of this Act, such individual submits ap22 propriate written application to the Office of Person23 nel Management in such form and manner as the

24 Office may prescribe;
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1 (2) at the time of filing the application under

2 paragraph (1), such individual is employed by the

3 Government and subject to subchapter III of chapter

4 83, or chapter 84, of such title; and

5 (3) before the date of the separation on which

6 is based the individual’s entitlement to an annuity

7 under subchapter III of chapter 83, or chapter 84,

8 of such title, as applicable, such individual deposits

9 into the Civil Service Retirement and Disability

10 Fund the amount required under subsection (b) with

11 respect to the period of training involved.

12 (b) DEPOSIT REQUIREMENT.—The amount to be de13 posited under subsection (a)(3) shall be determined by the

14 Office of Personnel Management in a manner consistent

15 with applicable provisions of subchapter III of chapter 83,

16 or chapter 84, of title 5, United States Code, or title III

17 of the Federal Employees’ Retirement System Act of

18 1986, as the case may be, relating to deposits for earlier

19 periods of civilian service for which deductions from basic

20 pay have not been made.

21 SEC. 4. REGULATIONS.

22 The Office of Personnel Management shall, not later

23 than two months after the date of the enactment of this

24 Act, prescribe regulations to carry out this Act.

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