I

107TH CONGRESS

1ST SESSION H. R. 136

To amend section 8339(p) of title 5, United States Code, to clarify the

method for computing certain annuities under the Civil Service Retirement System which are based (in whole or in part) on part-time service,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

Mr. MORAN of Virginia (for himself, Mr. THOMAS M. DAVIS of Virginia, Mr.

GILMAN, Mrs. MORELLA, Ms. NORTON, Mr. WOLF, and Mr. WYNN) introduced the following bill; which was referred to the Committee on Government Reform

A BILL

To amend section 8339(p) of title 5, United States Code,

to clarify the method for computing certain annuities

under the Civil Service Retirement System which are

based (in whole or in part) on part-time service, and

for other 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. COMPUTATION OF CERTAIN ANNUITIES BASED

4 ON PART-TIME SERVICE.

5 Section 8339(p) of title 5, United States Code, is

6 amended by adding at the end the following:
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1 ‘‘(3) In the administration of paragraph (1)—

2 ‘‘(A) subparagraph (A) of such paragraph

3 shall apply with respect to any service per4 formed on a part-time basis before, on, or after

5 April 7, 1986;

6 ‘‘(B) subparagraph (B) of such paragraph

7 shall apply with respect to all service performed

8 on or after April 7, 1986 (whether on a part9 time basis or otherwise); and

10 ‘‘(C) any service performed on a part-time

11 basis before April 7, 1986, shall be credited as

12 service performed on a full-time basis.’’.

13 SEC. 2. APPLICABILITY.

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

15 (b), the amendment made by this Act shall apply only with

16 respect to an annuity entitlement to which is based on a

17 separation occurring on or after the date of enactment of

18 this Act.

19 (b) RECOMPUTATION OF CERTAIN ANNUITIES.—

20 (1) IN GENERAL.—In the case of any individual

21 who—

22 (A) before April 7, 1986, performed any

23 service creditable under subchapter III of chap24 ter 83 of title 5, United States Code, and
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1 (B) was separated from the service on or

2 after April 7, 1986, and before the date of en3 actment of this Act,

4 any annuity under subchapter III of chapter 83 of

5 title 5, United States Code (or under chapter 84 of

6 such title 5, to the extent of any portion of such an7 nuity which is computed under subchapter III of

8 such chapter 83) based on the service of such indi9 vidual shall be recomputed to take into account the

10 amendment made by this Act, if application therefor

11 is made within 18 months after the date of enact12 ment of this Act.

13 (2) AMOUNTS TO WHICH APPLICABLE.—Any

14 change in an annuity resulting from a recomputation

15 under paragraph (1) shall be effective with respect

16 to amounts accruing for months beginning after the

17 date on which application for such recomputation is

18 made.

19 (c) NOTICE REQUIREMENT.—

20 (1) IN GENERAL.—The Office of Personnel

21 Management shall take such action as may be nec22 essary and appropriate to inform individuals entitled

23 to have any annuity recomputed under subsection

24 (b) of their entitlement to such recomputation.
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1 (2) ASSISTANCE.—The Office shall, on request,

2 assist any individual referred to in paragraph (1) in

3 obtaining from any department, agency, or other in4 strumentality of the United States such information

5 in the possession of such instrumentality as may be

6 necessary—

7 (A) to verify the entitlement of such indi8 vidual to have an annuity recomputed under

9 subsection (b); or

10 (B) to carry out any such recomputation.

11 (3) INFORMATION.—Any department, agency,

12 or other instrumentality of the United States which

13 possesses any information with respect to part-time

14 service performed by an individual shall, at the re15 quest of the Office, furnish such information to the

16 Office.

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