II 

109TH CONGRESS 

1ST SESSION S. 651 

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 SENATE OF THE UNITED STATES 

MARCH 17, 2005 

Mr. REID introduced the following bill; which was read twice and referred to 

the Committee on Homeland Security and Governmental Affairs 

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 the Central Intel-
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1 ligence Agency or his designee concerning any such 

2 service.’’. 

3 (b) EXEMPTION FROM DEPOSIT REQUIREMENT.—

4 Section 8334(g) of title 5, United States Code, is amend5 ed— 

6 (1) by striking ‘‘or’’ at the end of paragraph 

7 (5); 

8 (2) by striking the period at the end of para9 graph (6) and inserting ‘‘; or’’; and 

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

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

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

13 SEC. 2. APPLICABILITY. 

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

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

16 with respect to annuities commencing on or after the effec17 tive date of this Act. 

18 (b) PROVISIONS RELATING TO CURRENT ANNU19 ITANTS.—Any individual who is entitled to an annuity for 

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

21 application submitted to the Office of Personnel Manage22 ment within 2 years after the effective date of this Act, 

23 have the amount of such annuity recomputed as if the 

24 amendments made by this Act had been in effect through25 out all periods of service on the basis of which such annu-
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1 ity is or may be based. Any such recomputation shall be 

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

3 any additional amounts becoming payable for periods be4 fore the first month for which the recomputation is re5 flected in the individual’s regular monthly annuity pay6 ments shall be payable to such individual in the form of 

7 a lump-sum payment. 

8 (c) PROVISIONS RELATING TO INDIVIDUALS ELIGI9 BLE FOR (BUT NOT CURRENTLY RECEIVING) AN ANNU10 ITY.— 

11 (1) IN GENERAL.—Any individual (not de12 scribed in subsection (b)) who becomes eligible for 

13 an annuity or for an increased annuity as a result 

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

15 individual’s rights under subchapter III of chapter 

16 83 of title 5, United States Code, determined as if 

17 the amendments made by this Act had been in ef18 fect, throughout all periods of service on the basis 

19 of which such annuity is or would be based, by sub20 mitting an appropriate application to the Office of 

21 Personnel Management within 2 years after— 

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

23 (B) if later, the date on which such indi24 vidual separates from service. 

25 (2) COMMENCEMENT DATE, ETC.— 
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1 (A) IN GENERAL.—Any entitlement to an 

2 annuity or to an increased annuity resulting 

3 from an application under paragraph (1) shall 

4 be effective as of the commencement date of 

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

6 applicable), and any amounts becoming payable 

7 for periods before the first month for which reg8 ular monthly annuity payments begin to be 

9 made in accordance with the amendments made 

10 by this Act shall be payable to such individual 

11 in the form of a lump-sum payment. 

12 (B) RETROACTIVITY.—Any determination 

13 of the amount, or of the commencement date, 

14 of any annuity, all the requirements for entitle15 ment to which (including separation, but dis16 regarding any application requirement) would 

17 have been satisfied before the effective date of 

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

19 would not then otherwise have been satisfied 

20 absent this Act) shall be made as if application 

21 for such annuity had been submitted as of the 

22 earliest date that would have been allowable, 

23 after such individual’s separation from service, 

24 if such amendments had been in effect through-
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1 out the periods of service referred to in the first 

2 sentence of paragraph (1). 

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

4 The regulations under section 4(a) shall include provi5 sions, consistent with the order of precedence set forth in 

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

7 which a survivor of an individual who performed service 

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

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

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

11 otherwise have been payable to the decedent under sub12 section (b) or (c). Such an application shall not be valid 

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

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

15 whichever is later. 

16 SEC. 3. FUNDING. 

17 (a) LUMP-SUM PAYMENTS.—Any lump-sum pay18 ments under section 2 shall be payable out of the Civil 

19 Service Retirement and Disability Fund. 

20 (b) UNFUNDED LIABILITY.—Any increase in the un21 funded liability of the Civil Service Retirement System at22 tributable to the enactment of this Act shall be financed 

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

24 Code. 
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1 SEC. 4. REGULATIONS AND SPECIAL RULE. 

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

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

4 in consultation with the Director of the Central Intel5 ligence Agency, shall prescribe any regulations necessary 

6 to carry out this Act. Such regulations shall include provi7 sions under which rules similar to those established pursu8 ant to section 201 of the Federal Employees’ Retirement 

9 System Act of 1986 (Public Law 99–335; 100 Stat. 514) 

10 shall be applied with respect to any service described in 

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

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

13 Social Security Act. 

14 (b) OTHER REGULATIONS.—The Director of the Cen15 tral Intelligence Agency, in consultation with the Director 

16 of the Office of Personnel Management, shall prescribe 

17 any regulations which may become necessary, with respect 

18 to any retirement system administered by the Director of 

19 the Central Intelligence Agency, as a result of the enact20 ment of this Act. 

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

22 for any benefit which is computed or recomputed taking 

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

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

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

26 the reference to the date of the ‘‘other event which gives 
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1 rise to title to the benefit’’ to refer to the effective date 

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

3 otherwise apply. 

4 SEC. 5. DEFINITIONS. 

5 For purposes of this Act— 

6 (1) the terms ‘‘unfunded liability’’, ‘‘survivor’’, 

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

8 under section 8331 of title 5, United States Code; 

9 and 

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

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

12 SEC. 6. EFFECTIVE DATE. 

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

14 fiscal year beginning after the date of the enactment of 

15 this Act.

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