II 

112TH CONGRESS 

1ST SESSION S. 261 

To amend chapter 81 of title 5, United States Code, to provide for reform 

relating to Federal employees workers compensation. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2011 

Ms. COLLINS introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend chapter 81 of title 5, United States Code, to 

provide for reform relating to Federal employees workers 

compensation. 

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 ‘‘Federal Employees’ 

5 Compensation Reform Act of 2011’’. 

6 SEC. 2. FEDERAL WORKERS COMPENSATION REFORMS FOR 

7 RETIREMENT ELIGIBLE EMPLOYEES. 

8 (a) TRANSITION TO RETIREMENT.— 


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1 (1) IN GENERAL.—Chapter 81 of title 5, United 

2 States Code, is amended by inserting after section 

3 8106 the following: 

4 ‘‘§ 8106a. Transition to retirement 

5 ‘‘(a) DEFINITIONS.—In this section— 

6 ‘‘(1) the term ‘covered employee’ means an em7 ployee who— 

8 ‘‘(A) is paid compensation under section 

9 8105 or 8106; and 

10 ‘‘(B) on or after attaining retirement age 

11 is eligible for an annuity under chapter 83 or 

12 84 (other than a survivor annuity); and 

13 ‘‘(2) the term ‘retirement age’ has the meaning 

14 given under section 216(l)(1) of the Social Security 

15 Act (42 U.S.C. 416(l)(1)). 

16 ‘‘(b) Notwithstanding any other provision of this 

17 chapter, the payment of compensation under section 8105 

18 or 8106 to a covered employee shall terminate on the date 

19 that the covered employee— 

20 ‘‘(1) attains retirement age and is eligible for 

21 an annuity under chapter 83 or 84 (other than a 

22 survivor annuity); or 

23 ‘‘(2) after attaining retirement age becomes eli24 gible for an annuity under chapter 83 or 84 (other 

25 than a survivor annuity). 


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1 ‘‘(c) Not later than 1 year before the date that a cov2 ered employee attains retirement age or subsequently be3 comes eligible for an annuity under chapter 83 or 84 

4 (other than a survivor annuity), the Secretary of Labor 

5 shall provide notice of this section to— 

6 ‘‘(1) the covered employee; 

7 ‘‘(2) the employing agency of that covered em8 ployee; and 

9 ‘‘(3) the Office of Personnel Management. 

10 ‘‘(d) The employing agency of a covered employee 

11 shall file an application for an annuity with the Office of 

12 Personnel Management in accordance with section 8352 

13 or 8471.’’. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENT.—The table of sections for chapter 81 of title 

16 5, United States Code, is amended by inserting after 

17 the item relating to section 8106 the following: 

‘‘Sec. 8106a. Transition to retirement.’’. 

18 (b) FILING OF APPLICATIONS.— 

19 (1) CIVIL SERVICE RETIREMENT SYSTEM.— 

20 (A) IN GENERAL.—Chapter 83 of title 5, 

21 United States Code, is amended by inserting 

22 after section 8351 the following: 


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1 ‘‘§ 8352. Employees transitioning from workers com2 pensation 

3 ‘‘(a) DEFINITION.—In this section, the term ‘covered 

4 employee’ means an employee who is a covered employee 

5 as defined under section 8106a(a)(1) and is eligible for 

6 an annuity under this chapter. 

7 ‘‘(b) APPLICATIONS.—Not later than 1 year before 

8 the date of the termination of payments of compensation 

9 under section 8106a(b) to a covered employee who is eligi10 ble for an annuity under this chapter, the employing agen11 cy of that covered employee shall file an application for 

12 an annuity for that covered employee under this chapter 

13 with the Office of Personnel Management. 

14 ‘‘(c) REGULATIONS.—The Office of Personnel Man15 agement shall prescribe regulations to carry out this sec16 tion.’’. 

17 (B) TECHNICAL AND CONFORMING AMEND18 MENT.—The table of sections for chapter 83 of 

19 title 5, United States Code, is amended by in20 serting after the item relating to section 8351 

21 the following: 

‘‘Sec. 8352. Employees transitioning from workers compensation.’’. 

22 (2) FEDERAL EMPLOYEES RETIREMENT SYS23 TEM.— 


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1 (A) IN GENERAL.—Chapter 84 of title 5, 

2 United States Code, is amended by inserting 

3 after section 8470 the following: 

4 ‘‘§ 8471. Employees transitioning from workers com5 pensation 

6 ‘‘(a) DEFINITION.—In this section, the term ‘covered 

7 employee’ means an employee who is a covered employee 

8 as defined under section 8106a(a)(1) and is eligible for 

9 an annuity under this chapter. 

10 ‘‘(b) APPLICATIONS.—Not later than 1 year before 

11 the date of the termination of payments of compensation 

12 under section 8106a(b) to a covered employee who is eligi13 ble for an annuity under this chapter, the employing agen14 cy of that covered employee shall file an application for 

15 an annuity for that covered employee under this chapter 

16 with the Office of Personnel Management. 

17 ‘‘(c) REGULATIONS.—The Office of Personnel Man18 agement shall prescribe regulations to carry out this sec19 tion.’’. 

20 (B) TECHNICAL AND CONFORMING AMEND21 MENT.—The table of sections for chapter 84 of 

22 title 5, United States Code, is amended by in23 serting after the item relating to section 8456 

24 the following: 

‘‘Sec. 8471. Employees transitioning from workers compensation.’’. 


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1 SEC. 3. REGULATIONS. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Secretary of Labor, after consultation with 

4 the Director of the Office of Personnel Management, shall 

5 prescribe regulations to carry out this Act. 

6 SEC. 4. EFFECTIVE DATE. 

7 (a) IN GENERAL.—Except as provided under sub8 section (b), this Act (including the amendments made by 

9 this Act) shall take effect on the date of enactment of this 

10 Act. 

11 (b) TERMINATION OF COMPENSATION.—Section 

12 8106a(b) of title 5, United States Code, (as added by sec13 tion 2 of this Act) shall take effect 1 year after the date 

14 regulations are prescribed under section 3. 

Æ 


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