I 

109TH CONGRESS 

1ST SESSION H. R. 1276 

To amend title 5, United States Code, to make creditable for civil service 

retirement purposes certain periods of service performed with Air America, Incorporated, Air Asia Company Limited, or the Pacific Division 

of Southern Air Transport, Incorporated, while those entities were owned 

or controlled by the Government of the United States and operated 

or managed by the Central Intelligence Agency. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2005 

Ms. BERKLEY (for herself and Mr. VISCLOSKY) introduced the following bill; 

which was referred to the Committee on Government Reform 

A BILL 

To amend title 5, United States Code, to make creditable 

for civil service retirement purposes certain periods of 

service performed with Air America, Incorporated, Air 

Asia Company Limited, or the Pacific Division of Southern Air Transport, Incorporated, while those entities 

were owned or controlled by the Government of the 

United States and operated or managed by the Central 

Intelligence Agency. 

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. AMENDMENTS. 

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

3 States Code, is amended— 

4 (1) by striking ‘‘and’’ at the end of paragraph 

5 (16); 

6 (2) by striking the period at the end of para7 graph (17) and inserting ‘‘; and’’; 

8 (3) by adding after paragraph (17) the fol9 lowing: 

10 ‘‘(18) any period of service performed before 

11 1977, while a citizen of the United States, in the 

12 employ of Air America, Incorporated, Air Asia Com13 pany Limited (a subsidiary of Air America, Incor14 porated), or the Pacific Division of Southern Air 

15 Transport, Incorporated, at a time when that cor16 poration (or subsidiary) was owned or controlled by 

17 the Government of the United States and operated 

18 or managed by the Central Intelligence Agency.’’; 

19 and 

20 (4) by adding at the end the following: ‘‘For 

21 purposes of this subchapter, service of the type de22 scribed in paragraph (18) of this subsection shall be 

23 considered to have been service as an employee, and 

24 the Office of Personnel Management shall accept the 

25 certification of the Director of Central Intelligence 

26 or his designee concerning any such service.’’. 
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1 (b) EXEMPTION FROM DEPOSIT REQUIREMENT.— 

2 Section 8334(g) of title 5, United States Code, is amend3 ed— 

4 (1 by striking ‘‘or’’ at the end of paragraph (5); 

5 (2) by striking the period at the end of para6 graph (6) and inserting ‘‘; or’’; and 

7 (3) by adding after paragraph (6) the following: 

8 ‘‘(7) any service for which credit is allowed 

9 under section 8332(b)(18) of this title.’’. 

10 SEC. 2. APPLICABILITY. 

11 (a) IN GENERAL.—Except as otherwise provided in 

12 this section, the amendments made by this Act shall apply 

13 with respect to annuities commencing on or after the effec14 tive date of this Act. 

15 (b) PROVISIONS RELATING TO CURRENT ANNU16 ITANTS.—Any individual who is entitled to an annuity for 

17 the month in which this Act becomes effective may, upon 

18 application submitted to the Office of Personnel Manage19 ment within 2 years after the effective date of this Act, 

20 have the amount of such annuity recomputed as if the 

21 amendments made by this Act had been in effect through22 out all periods of service on the basis of which such annu23 ity is or may be based. Any such recomputation shall be 

24 effective as of the commencement date of the annuity, and 

25 any additional amounts becoming payable for periods be-
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1 fore the first month for which the recomputation is re2 flected in the individual’s regular monthly annuity pay3 ments shall be payable to such individual in the form of 

4 a lump-sum payment. 

5 (c) PROVISIONS RELATING TO INDIVIDUALS ELIGI6 BLE FOR (BUT NOT CURRENTLY RECEIVING) AN ANNU7 ITY.— 

8 (1) IN GENERAL.—Any individual (not de9 scribed in subsection (b)) who becomes eligible for 

10 an annuity or for an increased annuity as a result 

11 of the enactment of this Act may elect to have such 

12 individual’s rights under subchapter III of chapter 

13 83 of title 5, United States Code, determined as if 

14 the amendments made by this Act had been in ef15 fect, throughout all periods of service on the basis 

16 of which such annuity is or would be based, by sub17 mitting an appropriate application to the Office of 

18 Personnel Management within 2 years after— 

19 (A) the effective date of this Act; or 

20 (B) if later, the date on which such indi21 vidual separates from service. 

22 (2) COMMENCEMENT DATE, ETC.— 

23 (A) IN GENERAL.—Any entitlement to an 

24 annuity or to an increased annuity resulting 

25 from an application under paragraph (1) shall 
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1 be effective as of the commencement date of 

2 such annuity (subject to subparagraph (B), if 

3 applicable), and any amounts becoming payable 

4 for periods before the first month for which reg5 ular monthly annuity payments begin to be 

6 made in accordance with the amendments made 

7 by this Act shall be payable to such individual 

8 in the form of a lump-sum payment. 

9 (B) RETROACTIVITY.—Any determination 

10 of the amount, or of the commencement date, 

11 of any annuity, all the requirements for entitle12 ment to which (including separation, but dis13 regarding any application requirement) would 

14 have been satisfied before the effective date of 

15 this Act if this Act had then been in effect (but 

16 would not then otherwise have been satisfied 

17 absent this Act) shall be made as if application 

18 for such annuity had been submitted as of the 

19 earliest date that would have been allowable, 

20 after such individual’s separation from service, 

21 if such amendments had been in effect through22 out the periods of service referred to in the first 

23 sentence of paragraph (1). 

24 (d) RIGHT TO FILE ON BEHALF OF A DECEDENT.— 

25 The regulations under section 4(a) shall include provi-
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1 sions, consistent with the order of precedence set forth in 

2 section 8342(c) of title 5, United States Code, under 

3 which a survivor of an individual who performed service 

4 described in section 8332(b)(18) of such title (as amended 

5 by section 1) shall be allowed to submit an application on 

6 behalf of and to receive any lump-sum payment that would 

7 otherwise have been payable to the decedent under sub8 section (b) or (c). Such an application shall not be valid 

9 unless it is filed within 2 years after the effective date 

10 of this Act or 1 year after the date of the decedent’s death, 

11 whichever is later. 

12 SEC. 3. FUNDING. 

13 (a) LUMP-SUM PAYMENTS.—Any lump-sum pay14 ments under section 2 shall be payable out of the Civil 

15 Service Retirement and Disability Fund. 

16 (b) UNFUNDED LIABILITY.—Any increase in the un17 funded liability of the Civil Service Retirement System at18 tributable to the enactment of this Act shall be financed 

19 in accordance with section 8348(f) of title 5, United States 

20 Code. 

21 SEC. 4. REGULATIONS AND SPECIAL RULE. 

22 (a) IN GENERAL.—Except as provided in subsection 

23 (b), the Director of the Office of Personnel Management, 

24 in consultation with the Director of Central Intelligence, 

25 shall prescribe any regulations necessary to carry out this 
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1 Act. Such regulations shall include provisions under which 

2 rules similar to those established pursuant to section 201 

3 of the Federal Employees’ Retirement System Act of 1986 

4 shall be applied with respect to any service described in 

5 section 8332(b)(18) of title 5, United States Code (as 

6 amended by section 1) that was subject to title II of the 

7 Social Security Act. 

8 (b) OTHER REGULATIONS.—The Director of Central 

9 Intelligence, in consultation with the Director of the Office 

10 of Personnel Management, shall prescribe any regulations 

11 which may become necessary, with respect to any retire12 ment system administered by the Director of Central In13 telligence, as a result of the enactment of this Act. 

14 (c) SPECIAL RULE.—For purposes of any application 

15 for any benefit which is computed or recomputed taking 

16 into account any service described in section 8332(b)(18) 

17 of title 5, United States Code (as amended by section 1), 

18 section 8345(i)(2) of such title shall be applied by deeming 

19 the reference to the date of the ‘‘other event which gives 

20 rise to title to the benefit’’ to refer to the effective date 

21 of this Act, if later than the date of the event that would 

22 otherwise apply. 

23 SEC. 5. DEFINITIONS. 

24 For purposes of this Act— 
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1 (1) the terms ‘‘unfunded liability’’, ‘‘survivor’’, 

2 and ‘‘survivor annuitant’’ have the meanings given 

3 to them by section 8331 of title 5, United States 

4 Code; and 

5 (2) the term ‘‘annuity’’, as used in subsections 

6 (b) and (c) of section 2, includes a survivor annuity. 

7 SEC. 6. EFFECTIVE DATE. 

8 This Act shall take effect on the first day of the first 

9 fiscal year beginning after the date of the enactment of 

10 this Act. 

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