I 

111TH CONGRESS 

1ST SESSION H. R. 3857 

To amend subchapter III of chapter 83 of title 5, United States Code, 

to make service performed as an employee of a nonappropriated fund 

instrumentality after 1965 and before 1987 creditable for retirement 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 20, 2009 

Mr. CONNOLLY of Virginia (for himself, Mr. WOLF, Ms. NORTON, and Mr. 

REYES) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

A BILL 

To amend subchapter III of chapter 83 of title 5, United 

States Code, to make service performed as an employee 

of a nonappropriated fund instrumentality after 1965 

and before 1987 creditable for retirement purposes. 

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 ‘‘Nonappropriated Fund 

5 Equity Act’’. 


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1 SEC. 2. CREDITABILITY OF SERVICE. 

2 (a) IN GENERAL.—Section 8332 of title 5, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(p)(1) Subject to paragraph (2), upon application 

6 to the Office of Personnel Management, any individual 

7 who is an employee or Member on the date of the enact8 ment of this subsection, and who has on such date 5 or 

9 more years of creditable civilian service under this section 

10 (exclusive of service for which credit is allowed under this 

11 subsection) shall be allowed credit for service performed, 

12 after December 31, 1965, and before January 1, 1987, 

13 as an employee described in section 2105(c). 

14 ‘‘(2)(A) An employee or Member may, with respect 

15 to any period of service for which such employee or Mem16 ber is allowed credit under this subsection, deposit to the 

17 credit of the Fund an amount equal to the deductions 

18 from basic pay which would have been required under sec19 tion 8334(a) if such service were service as an employee. 

20 ‘‘(B) An employee or Member who makes the deposit 

21 described in subparagraph (A) shall be allowed full retire22 ment credit for the period of service involved. 

23 ‘‘(C) If an employee or Member does not make the 

24 deposit or makes less than the full amount of the deposit 

25 described in subparagraph (A), retirement credit shall be 

26 allowed, but the resulting annuity shall be reduced in a 


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1 manner similar to the method provided under section 

2 8339(j)(3) to make up the amount of any deposit de3 scribed in the second sentence thereof. In no event shall 

4 the application of this subparagraph cause an annuity to 

5 be less than it would have been if this subsection had not 

6 been enacted. 

7 ‘‘(D) For the purpose of survivor annuities, any de8 posit authorized by subparagraph (A) may also be made 

9 by a survivor of an employee or Member. 

10 ‘‘(3) The Office shall accept the certification of the 

11 appropriate Secretary or his designee concerning the serv12 ice of, and the amount of compensation received by, an 

13 employee or Member with respect to which credit is sought 

14 under this subsection. For purposes of the preceding sen15 tence, the ‘appropriate Secretary’ is— 

16 ‘‘(A) the Secretary of Defense, to the extent 

17 that service in or under the Department of Defense 

18 is involved; and 

19 ‘‘(B) the Secretary of Transportation, to the ex20 tent that service in or under the Coast Guard is in21 volved. 

22 ‘‘(4) An individual receiving credit for service for any 

23 period under this subsection shall not be granted credit 

24 for such service under any retirement system for employ25 ees of a nonappropriated fund instrumentality. 


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1 ‘‘(5) An application for retirement credit under this 

2 subsection may be submitted no later than 2 years after 

3 the effective date of the regulations prescribed by the Of4 fice to carry out this subsection.’’. 

5 (b) REGULATIONS.—The Office of Personnel Man6 agement shall prescribe regulations to carry out this Act 

7 and the amendment made by subsection (a). Such regula8 tions— 

9 (1) shall take effect not later than 12 months 

10 after the date of the enactment of this Act; and 

11 (2) shall include provisions to provide for the 

12 application of such amendment in the case of— 

13 (A) any employee or Member (as defined 

14 by the following sentence) who, upon separation 

15 (at the time described in paragraph (1) or (2) 

16 of subsection (c)), would otherwise be entitled 

17 to an annuity under chapter 84 of title 5, 

18 United States Code, that is partially computed 

19 under subchapter III of chapter 83 of such 

20 title; and 

21 (B) any survivor of an employee or Mem22 ber described in subparagraph (A). 

23 For purposes of this subsection, the terms ‘‘employee’’, 

24 ‘‘Member’’, and ‘‘survivor’’ have the meanings set forth 

25 in section 8401 of such title 5. 


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1 (c) APPLICABILITY.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendment made by subsection (a) 

4 shall apply only in the case of any annuity entitle5 ment which is based on a separation from service oc6 curring on or after the effective date of the regula7 tions prescribed under subsection (b). 

8 (2) LIMITED EXCEPTION FOR ANNUITIES

9 BASED ON SEPARATIONS OCCURRING AFTER DATE

10 OF ENACTMENT AND BEFORE EFFECTIVE DATE OF

11 IMPLEMENTING REGULATIONS.— 

12 (A) RECOMPUTATION REQUIREMENT.—In 

13 the case of any individual— 

14 (i) who is entitled to an annuity enti15 tlement to which is based on a separation 

16 from service occurring after the date of the 

17 enactment of this Act and before the effec18 tive date of the regulations prescribed 

19 under subsection (b), and 

20 (ii) whose annuity would be increased 

21 by the application of section 8332(p) of 

22 title 5, United States Code (as amended by 

23 subsection (a)), 

24 the Office of Personnel Management shall, upon re25 ceipt of an appropriate application submitted before 


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1 the deadline specified in section 8332(p)(5) of such 

2 title 5 (as so amended), recompute the amount of 

3 such annuity so as to take such section 8332(p) into 

4 account. In carrying out the preceding sentence, any 

5 deposit timely made shall be treated as if it had 

6 been made before the commencement date of the an7 nuity involved. 

8 (B) NO PAYMENT FOR ANY EARLIER PERI9 ODS.—Any change in an annuity resulting from 

10 a recomputation under subparagraph (A) shall 

11 be payable only with respect to amounts accru12 ing for months beginning after the date on 

13 which the application (referred to in subpara14 graph (A)) is received. 

15 SEC. 3. NOTIFICATION AND ASSISTANCE. 

16 (a) NOTIFICATION.—The Office of Personnel Man17 agement shall take such measures as it considers appro18 priate to inform individuals entitled to have any service 

19 credited under section 8332(p) of title 5, United States 

20 Code (as amended by section 2(a)), or to have any 

21 amounts recomputed under section 2(c)(2), of their enti22 tlement to such credit or recomputation. 

23 (b) ASSISTANCE FROM THE OFFICE OF PERSONNEL

24 MANAGEMENT.—The Office of Personnel Management 

25 shall, on request, assist any individual referred to in subVerDate Nov 24 2008 06:13 Oct 21, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3857.IH H3857

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1 section (a) in obtaining from any department, agency, or 

2 other instrumentality of the United States such informa3 tion in the possession of such instrumentality as may be 

4 necessary to verify the entitlement of such individual to 

5 have any service credited under section 8332(p) of title 

6 5, United States Code (as amended by section 2(a)) or 

7 to have any amounts recomputed under section 2(c)(2). 

8 (c) ASSISTANCE FROM OTHER AGENCIES.—Any de9 partment, agency, or other instrumentality of the United 

10 States which possesses any information with respect to 

11 any service of an individual described in section 8332(p) 

12 of title 5, United States Code (as amended by section 

13 2(a)) shall— 

14 (1) at the request of such individual (or an ap15 propriate survivor), furnish such information to that 

16 individual (or survivor); and 

17 (2) at the request of the Office of Personnel 

18 Management, furnish such information to the Office. 

Æ 


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