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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 958 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 958

    To amend title 5, United States Code, to make unused sick leave 
 creditable, for purposes of the Federal Employees' Retirement System, 
 in the same manner as provided for under the Civil Service Retirement 
                                System.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2009

Mr. Moran of Virginia (for himself, Mr. Wolf, Mr. Connolly of Virginia, 
 Mr. Ruppersberger, Ms. Edwards of Maryland, Mr. Sarbanes, Mr. Petri, 
and Mr. Holt) introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
    To amend title 5, United States Code, to make unused sick leave 
 creditable, for purposes of the Federal Employees' Retirement System, 
 in the same manner as provided for under the Civil Service Retirement 
                                System.

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

SECTION 1. CREDIT FOR UNUSED SICK LEAVE UNDER THE FEDERAL EMPLOYEES' 
              RETIREMENT SYSTEM.

    (a) In General.--Section 8415 of title 5, United States Code, is 
amended--
            (1) by redesignating the second subsection (k) and 
        subsection (l) as subsections (l) and (m), respectively; and
            (2) by amending subsection (l) (as so redesignated by 
        paragraph (1)) to read as follows:
    ``(l) In computing any annuity under this section, the total 
service of an employee who retires under section 8412 or 8414 or who 
dies leaving a survivor or survivors entitled to benefits under 
subchapter IV includes the days of unused sick leave to such employee's 
credit under a formal leave system, except that these days will not be 
counted in determining average pay or annuity eligibility under this 
chapter. For the purpose of this subsection, in the case of any such 
employee who is excepted from subchapter I of chapter 63 under section 
6301(2)(x)-(xiii), the days of unused sick leave to such employee's 
credit include any unused sick leave standing to such employee's credit 
when such employee was excepted from such subchapter.''.
    (b) Conforming Amendment.--Section 8422(d)(2) of title 5, United 
States Code, is amended by striking ``8415(k)'' and inserting 
``8415(l)''.

SEC. 2. RULE RELATING TO CREDITABILITY OF UNUSED SICK LEAVE IN 
              COMPUTING FERS COMPONENT OF ANNUITY IN THE CASE OF AN 
              EMPLOYEE WHO MAKES AN ELECTION UNDER SECTION 301 OF THE 
              FEDERAL EMPLOYEES' RETIREMENT SYSTEM ACT OF 1986.

    Section 302(a)(8) of the Federal Employees' Retirement System Act 
of 1986 (5 U.S.C. 8331 note) is amended--
            (1) by striking ``(8)'' and inserting ``(8)(A)''; and
            (2) by adding at the end the following:
    ``(B) For purposes of any computation under paragraph (5) in the 
case of an individual who retires under section 8412 or 8414 of title 
5, United States Code, or who dies leaving a survivor or survivors 
entitled to benefits under subchapter IV of such chapter, sick leave 
creditable under section 8415(l) of such title shall be equal to the 
number of days by which--
            ``(i) the number of days of unused sick leave to the 
        individual's credit as of the date of retirement, exceeds (if 
        at all)
            ``(ii) the number of days of unused sick leave to the 
        individual's credit as of the effective date of the 
        individual's election under section 301.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
enactment of this Act and shall apply with respect to any annuity, 
entitlement to which is based on a separation occurring on or after 
such date of enactment.
                                 <all>
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