IIB 

115TH CONGRESS 

2D SESSION H. R. 4431 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27, 2018 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend title 5, United States Code, to provide for interest 

payments by agencies in the case of administrative error 

in processing certain annuity deposits for prior military 

service or certain volunteer service, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Correcting Miscalcula3 tions in Veterans’ Pensions Act’’. 

4 SEC. 2. ERROR IN PROCESSING OF ANNUITY DEPOSIT FOR 

5 FORMER MEMBERS OF THE UNIFORMED 

6 SERVICES. 

7 (a) CSRS.—Section 8334(j) of title 5, United States 

8 Code, is amended by adding at the end the following: 

9 ‘‘(6)(A) In calculating and processing the deposit 

10 under paragraph (1) with respect to an employee, Mem11 ber, or annuitant, if the employing agency of such em12 ployee, Member, or annuitant makes an administrative 

13 error, such employing agency may pay, on behalf of the 

14 employee, Member, or annuitant, any additional interest 

15 assessed due to the administrative error. 

16 ‘‘(B) For purposes of subparagraph (A), the Sec17 retary of the Senate or the Chief Administrative Officer 

18 of the House of Representatives, as appropriate, shall be 

19 considered the employing agency of a Member or Congres20 sional employee. 

21 ‘‘(C) The Director of the Office of Personnel Manage22 ment shall issue such regulations as are necessary to carry 

23 out this paragraph.’’. 

24 (b) FERS.—Section 8422(e) of title 5, United States 

25 Code, is amended by adding at the end the following: 


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1 ‘‘(7)(A) In calculating and processing the deposit 

2 under paragraph (1) with respect to an employee, Mem3 ber, or annuitant, if the employing agency of such em4 ployee, Member, or annuitant makes an administrative 

5 error, such employing agency may pay, on behalf of the 

6 employee, Member, or annuitant, any additional interest 

7 assessed due to the administrative error. 

8 ‘‘(B) For purposes of subparagraph (A), the Sec9 retary of the Senate or the Chief Administrative Officer 

10 of the House of Representatives, as appropriate, shall be 

11 considered the employing agency of a Member or Congres12 sional employee. 

13 ‘‘(C) The Director of the Office of Personnel Manage14 ment shall issue such regulations as are necessary to carry 

15 out this paragraph.’’. 

16 SEC. 3. ERROR IN PROCESSING OF ANNUITY DEPOSIT FOR 

17 CERTAIN VOLUNTEERS. 

18 (a) CSRS.—Section 8334(l) of title 5, United States 

19 Code, is amended by adding at the end of the following: 

20 ‘‘(5)(A) In calculating and processing the deposit 

21 under paragraph (1) with respect to an employee, Mem22 ber, or annuitant, if an employing agency of such em23 ployee, Member, or annuitant makes an administrative 

24 error that causes additional interest assessed to accrue on 

25 the deposit, the employing agency may pay, on behalf of 


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1 the employee, Member, or annuitant, any additional inter2 est assessed due to the administrative error. 

3 ‘‘(B) In calculating and processing the deposit under 

4 paragraph (1) with respect to an employee, Member, or 

5 annuitant, if the Office of Personnel Management makes 

6 an administrative error that causes additional interest as7 sessed to accrue on the deposit, the Office of Personnel 

8 Management may pay, on behalf of the employee, Member, 

9 or annuitant, any additional interest assessed due to the 

10 administrative error. 

11 ‘‘(C) For purposes of subparagraph (A), the Sec12 retary of the Senate or the Chief Administrative Officer 

13 of the House of Representatives, as appropriate, shall be 

14 considered the employing agency of a Member or congres15 sional employee. 

16 ‘‘(D) The Director of the Office of Personnel Man17 agement shall issue such regulations as are necessary to 

18 carry out this paragraph.’’. 

19 (b) FERS.—Section 8422(f) of title 5, United States 

20 Code, is amended by adding at the end of the following: 

21 ‘‘(5)(A) In calculating and processing the deposit 

22 under paragraph (1) with respect to an employee, Mem23 ber, or annuitant, if an employing agency of such em24 ployee, Member, or annuitant makes an administrative 

25 error that causes additional interest assessed to accrue on 


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1 the deposit, the employee, Member, or annuitant’s employ2 ing agency may pay, on behalf of the employee, Member, 

3 or annuitant, any additional interest assessed due to the 

4 administrative error. 

5 ‘‘(B) In calculating and processing the deposit under 

6 paragraph (1) with respect to an employee, Member, or 

7 annuitant, if the Office of Personnel Management makes 

8 an administrative error that causes additional interest as9 sessed to accrue on the deposit, the Office of Personnel 

10 Management may pay, on behalf of the employee, Member, 

11 or annuitant, any additional interest assessed due to the 

12 administrative error. 

13 ‘‘(C) For purposes of subparagraph (A), the Sec14 retary of the Senate or the Chief Administrative Officer 

15 of the House of Representatives, as appropriate, shall be 

16 considered the employing agency of a Member or congres17 sional employee. 

18 ‘‘(D) The Director of the Office of Personnel Man19 agement shall issue such regulations as are necessary to 

20 carry out this paragraph.’’. 

21 (c) AUTHORIZATION OF PAYMENTS.—All payments 

22 from the Office of Personnel Management authorized by 

23 subsections (a) and (b) shall be paid from the Civil Service 

24 Retirement and Disability Fund, and together with admin25 istrative expenses incurred by the Office in administering 


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1 these subsections, shall be deemed to have been authorized 

2 to be paid from that Fund, which is appropriated for the 

3 payment thereof. 

Passed the House of Representatives September 26, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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