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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1351 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1351

To amend the provisions of title 5, United States Code, relating to the 
    methodology for calculating the amount of any Postal surplus or 
 supplemental liability under the Civil Service Retirement System, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2011

Mr. Lynch (for himself and Mr. Cummings) introduced the following bill; 
 which was referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
To amend the provisions of title 5, United States Code, relating to the 
    methodology for calculating the amount of any Postal surplus or 
 supplemental liability under the Civil Service Retirement System, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Postal Service Pension 
Obligation Recalculation and Restoration Act of 2011''.

SEC. 2. MODIFIED METHODOLOGY.

    (a) In General.--Section 8348(h) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(4)(A) To the extent that a determination under paragraph (1), 
relating to benefits attributable to civilian employment with the 
United States Postal Service, is based on any provision of law under 
subparagraph (C), such determination shall be made in accordance with 
such provision and any otherwise applicable provisions of law, subject 
to the following:
            ``(i) The `average pay' used in the case of any individual 
        shall be a single amount, determined in accordance with section 
        8331(4), taking into account the rates of basic pay in effect 
        for such individual during the periods of creditable service 
        performed by such individual. Nothing in this subsection shall 
        be considered to permit or require--
                    ``(I) one determination of average pay with respect 
                to service performed with the United States Postal 
                Service; and
                    ``(II) a separate determination of average pay with 
                respect to service performed with its predecessor 
                entity in function.
            ``(ii) To determine the portion of an annuity attributable 
        to civilian employment with the United States Postal Service, 
        the appropriate percentage to apply under any provision of law 
        under subparagraph (C) with respect to such employment is, in 
        the case of--
                    ``(I) any period of employment with the United 
                States Postal Service which follows
                    ``(II) any other period of employment creditable 
                under section 8332 (whether with the entity referred to 
                in clause (i)(II) or otherwise),
        the applicable percentage under such provision, determined 
        after taking into account any periods of employment described 
        in subclause (II) which precede the period of employment 
        (described in subclause (I)) as to which the determination of 
        the appropriate percentage to apply under such provision is 
        being made.
    ``(B)(i) Not later than the date which occurs 6 months after the 
date of enactment of this paragraph, the Office shall determine (or, if 
applicable, redetermine) the amount of the Postal surplus or 
supplemental liability as of the close of the fiscal year most recently 
ending before such date of enactment, in conformance with the 
methodology required under subparagraph (A).
    ``(ii)(I) If the result of the determination (or redetermination) 
under clause (i) is a surplus, the Office shall transfer the amount of 
such surplus to the Postal Service Retiree Health Benefits Fund within 
15 days after the date of such determination (or redetermination).
    ``(II) If a determination under clause (i) is made before a 
determination under paragraph (2)(B) is made with respect to the same 
fiscal year, no determination shall be made with respect to such fiscal 
year under paragraph (2)(B).
    ``(C) The provisions of law under this subparagraph are--
            ``(i) the first sentence of section 8339(a); and
            ``(ii) section 8339(d)(1).
    ``(5) For purposes of this subsection--
            ``(A) the term `Postal Service Retiree Health Benefits 
        Fund' refers to the fund described in section 8909a; and
            ``(B) the term `Postal Service Fund' refers to the fund 
        described in section 2003 of title 39.''.
    (b) Coordination Provisions.--(1) Section 8909a of title 5, United 
States Code, is amended by adding at the end the following:
    ``(e) Notwithstanding any other provision of law, the amount 
payable by the Postal Service under subsection (d) in any fiscal year 
ending on or before September 30, 2021, shall be determined as if 
section 2(a) of the United States Postal Service Pension Obligation 
Recalculation and Restoration Act of 2011 had never been enacted.''.
    (2) Nothing in this Act shall affect the amount of any benefits 
otherwise payable from the Civil Service Retirement and Disability Fund 
to any individual.
    (c) Technical Amendment.--The heading for section 8909a of title 5, 
United States Code, is amended by striking ``Benefit'' and inserting 
``Benefits''.

SEC. 3. ADDITIONAL PROVISIONS.

    (a) In General.--Section 8348(h)(2) of title 5, United States Code, 
is amended by adding at the end the following:
    ``(F) Notwithstanding any other provision of this subsection, for 
purposes of determining the Postal surplus or supplemental liability 
for each of fiscal years 2016, 2017, 2018, 2019, and 2020, any 
determination under paragraph (1) shall be made by disregarding 
paragraph (4)(A) and by instead applying the methodology that was used 
to carry out this paragraph with respect to the fiscal year preceding 
the fiscal year referred to in paragraph (4)(B)(i).''.
    (b) Relating to a Postal Surplus.--Section 8348(h)(2)(C) of title 
5, United States Code, is amended--
            (1) by inserting ``2021,'' after ``2015,''; and
            (2) by striking ``if the result is'' and all that follows 
        through ``terminated.'' and inserting the following: ``if the 
        result is a surplus--
            ``(i) that amount shall be transferred--
                    ``(I) to the Postal Service Retiree Health Benefits 
                Fund, except as provided in subclause (II); and
                    ``(II) if the surplus is for fiscal year 2021 or a 
                subsequent fiscal year, to the Postal Service Fund; and
            ``(ii) any prior amortization schedule for payments shall 
        be terminated.''.

SEC. 4. TREATMENT OF CERTAIN SURPLUS RETIREMENT CONTRIBUTIONS.

    Section 8423(b) of title 5, United States Code, is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following:
    ``(5) If, for fiscal year 2010, the amount computed under paragraph 
(1)(B) is less than zero (in this section referred to as `surplus 
postal contributions'), the amount of those surplus postal 
contributions shall be transferred--
            ``(A) to the Postal Service Retiree Health Benefits Fund to 
        pay any liability to the Postal Service Retiree Health Benefits 
        Fund for fiscal year 2011;
            ``(B) if all liability to the Postal Service Retiree Health 
        Benefits Fund for fiscal year 2011 has been paid, to the 
        Employees' Compensation Fund (as established under section 
        8147); and
            ``(C) if all liability of the United States Postal Service 
        to the Employees' Compensation Fund (as so established) has 
        been paid, to the United States Postal Service for the 
        repayment of any obligation issued under section 2005 of title 
        39.''.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
take effect on the date of enactment of this Act.
    (b) Intent of Congress.--It is the intent of Congress that this Act 
apply with respect to the allocation of past, present, and future 
benefit liabilities between the United States Postal Service and the 
Treasury of the United States.
                                 <all>
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