I 

111TH CONGRESS 

2D SESSION H. R. 5746 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2010 

Mr. LYNCH 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. 

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 ‘‘United States Postal 

5 Service’s CSRS Obligation Modification Act of 2010’’. 

6 SEC. 2. MODIFIED METHODOLOGY. 

7 Section 8348(h) of title 5, United States Code, is 

8 amended by adding at the end the following: 


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1 ‘‘(4)(A) To the extent that a determination under 

2 paragraph (1)(A), relating to future benefits attributable 

3 to civilian employment with the United States Postal Serv4 ice, is based on the first sentence of section 8339(a), such 

5 determination shall be made in accordance with such sen6 tence and otherwise applicable provisions of law, subject 

7 to the following: 

8 ‘‘(i) The ‘average pay’ used in the case of any 

9 individual shall be a single amount, determined in 

10 accordance with section 8331(4), taking into account 

11 the rates of basic pay in effect for such individual 

12 during the periods of creditable service performed by 

13 such individual. Nothing in this subsection shall be 

14 considered to permit or require— 

15 ‘‘(I) one determination of average pay with 

16 respect to service performed with the United 

17 States Postal Service; and 

18 ‘‘(II) a separate determination of average 

19 pay with respect to service performed with its 

20 predecessor entity in function. 

21 ‘‘(ii) To determine the portion of an annuity at22 tributable to civilian employment with the United 

23 States Postal Service, the appropriate percentage to 

24 apply under the provisions of section 8339(a) with 

25 respect to such employment is, in the case of— 


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1 ‘‘(I) any period of employment with the 

2 United States Postal Service which follows 

3 ‘‘(II) any other period of employment cred4 itable under section 8332 (whether with the en5 tity referred to in clause (i)(II) or otherwise), 

6 the applicable percentage under such provisions, de7 termined after taking into account any periods of 

8 employment described in subclause (II) which pre9 cede the period of employment (described in sub10 clause (I)) as to which the determination of the ap11 propriate percentage to apply under section 8339(a) 

12 is being made. 

13 ‘‘(B)(i) Not later than the date which occurs 6 

14 months after the date of enactment of this paragraph, the 

15 Office shall determine (or, if applicable, redetermine) the 

16 amount of the Postal surplus or supplemental liability as 

17 of the close of the fiscal year most recently ending before 

18 such date of enactment, in conformance with the method19 ology required under subparagraph (A). 

20 ‘‘(ii) If the result of the determination (or redeter21 mination) under clause (i) is a surplus, the Office shall 

22 transfer the amount of such surplus to the Postal Service 

23 Retiree Health Benefits Fund in such manner as the Of24 fice shall, within 90 days after the date of such determina25 tion (or redetermination), by regulation prescribe. 


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1 ‘‘(iii) For purposes of clause (ii), the term ‘Postal 

2 Service Retiree Health Benefits Fund’ refers to the fund 

3 described in section 8909a.’’. 

4 SEC. 3. EFFECTIVE DATE. 

5 (a) IN GENERAL.—This Act and the amendment 

6 made by this Act shall take effect on the date of enactment 

7 of this Act. 

8 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

9 shall be considered to require a redetermination with re10 spect to any fiscal year preceding the fiscal year referred 

11 to in section 8348(h)(4)(B)(i) of title 5, United States 

12 Code, as amended by this Act. 

Æ 


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