II

104TH CONGRESS

1ST SESSION S. 1464

For the relief of certain former employees of the United States whose firefighting functions were transferred from the Department of Energy to

Los Alamos County, New Mexico.

IN THE SENATE OF THE UNITED STATES

DECEMBER 11, 1995

Mr. DOMENICI (for himself and Mr. BINGAMAN) introduced the following bill;

which was read twice and referred to the Committee on Governmental Affairs

A BILL

For the relief of certain former employees of the United

States whose firefighting functions were transferred from

the Department of Energy to Los Alamos County, New

Mexico.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PURPOSE.

4 The purpose of this Act is to purchase service credit,

5 under the retirement system for employees of the State

6 of New Mexico, on behalf of certain former employees of

7 the United States who became employees of Los Alamos

8 County, New Mexico, as a result of the transfer of certain
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1 firefighting functions from the Department of Energy to

2 that county in 1989.

3 SEC. 2. PROVISIONS RELATING TO THE MAKING OF PAY4 MENTS.

5 (a) IN GENERAL.—In order to carry out the purposes

6 of this Act, the Secretary of the Treasury (or his designee)

7 and an individual designated by the Governor of New Mex8 ico shall enter into an agreement, as soon as practicable,

9 under which all individuals on behalf of whom any pay10 ments under this Act are to be made shall be identified,

11 and the amount payable on behalf of each such individual,

12 and the method of making such payment to the State of

13 New Mexico, shall be determined.

14 (b) LIMITATION.—The amount payable under this

15 Act on behalf of any particular individual may not exceed

16 the total amount that would have to be paid by the individ17 ual involved in order to receive service credit, under the

18 retirement system referred to in section 1, for the periods

19 of service as a firefighter rendered by such individual as

20 an employee of the Department of Energy or its prede21 cessor agencies, the Energy Research and Development

22 Administration and the Atomic Energy Commission;

23 minus—

24 (1) the amount of the lump-sum credit (as de25 fined by applicable provisions of title 5, United
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1 States Code) paid to such individual based on such

2 individual’s separation from the Department of En3 ergy (or, in the case of an individual whose lump4 sum credit also includes amounts attributable to

5 service other than a firefighter under the Depart6 ment of Energy, the portion of the lump-sum credit

7 attributable to service as such a firefighter); and,

8 (2) any other amounts paid to such individual,

9 including severance pay, as a result of such individ10 ual’s separation from the Department of Energy.

11 SEC. 3. PAYMENTS.

12 (a) IN GENERAL.—The Secretary of the Treasury

13 shall pay to the State of New Mexico, out of amounts in

14 the Treasury not otherwise appropriated, the amounts de15 termined under section 2 in accordance with the applicable

16 terms of the agreement described in such section.

17 (b) RESTRICTION.—It shall be unlawful for any

18 amount in excess of 10 percent of any payment under this

19 Act on behalf of any individual to be paid to or received

20 by any agent or attorney in consideration of services ren21 dered in connection with such payment. Any person who

22 violates the preceding sentence shall be fined not more

23 than $1,000.

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