I 
112TH CONGRESS 
1ST SESSION H. R. 1351 
To amend the provisions of title 5, United States Code, relating to the 
methodology for calculating the amount of any Postal surplus or supple-
mental liability under the Civil Service Retirement System, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 4, 2011 
Mr. LYNCH (for himself and Mr. CUMMINGS) 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, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Postal 
Service Pension Obligation Recalculation and Restoration 
Act of 2011’’. 
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SEC. 2. MODIFIED METHODOLOGY. 
(a) IN GENERAL.—Section 8348(h) of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(4)(A) To the extent that a determination under 
paragraph (1), relating to benefits attributable to civilian 
employment with the United States Postal Service, is 
based on any provision of law under subparagraph (C), 
such determination shall be made in accordance with such 
provision and any otherwise applicable provisions of law, 
subject to the following: 
‘‘(i) The ‘average pay’ used in the case of any 
individual shall be a single amount, determined in 
accordance with section 8331(4), taking into account 
the rates of basic pay in effect for such individual 
during the periods of creditable service performed by 
such individual. Nothing in this subsection shall be 
considered to permit or require— 
‘‘(I) one determination of average pay with 
respect to service performed with the United 
States Postal Service; and 
‘‘(II) a separate determination of average 
pay with respect to service performed with its 
predecessor entity in function. 
‘‘(ii) To determine the portion of an annuity at-
tributable to civilian employment with the United 
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States Postal Service, the appropriate percentage to 
apply under any provision of law under subpara-
graph (C) with respect to such employment is, in the 
case of— 
‘‘(I) any period of employment with the 
United States Postal Service which follows 
‘‘(II) any other period of employment cred-
itable under section 8332 (whether with the en-
tity referred to in clause (i)(II) or otherwise), 
the applicable percentage under such provision, de-
termined after taking into account any periods of 
employment described in subclause (II) which pre-
cede the period of employment (described in sub-
clause (I)) as to which the determination of the ap-
propriate percentage to apply under such provision 
is being made. 
‘‘(B)(i) Not later than the date which occurs 6 
months after the date of enactment of this paragraph, the 
Office shall determine (or, if applicable, redetermine) the 
amount of the Postal surplus or supplemental liability as 
of the close of the fiscal year most recently ending before 
such date of enactment, in conformance with the method-
ology required under subparagraph (A). 
‘‘(ii)(I) If the result of the determination (or redeter-
mination) under clause (i) is a surplus, the Office shall 
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transfer the amount of such surplus to the Postal Service 
Retiree Health Benefits Fund within 15 days after the 
date of such determination (or redetermination). 
‘‘(II) If a determination under clause (i) is made be-
fore a determination under paragraph (2)(B) is made with 
respect to the same fiscal year, no determination shall be 
made with respect to such fiscal year under paragraph 
(2)(B). 
‘‘(C) The provisions of law under this subparagraph 
are— 
‘‘(i) the first sentence of section 8339(a); and 
‘‘(ii) section 8339(d)(1). 
‘‘(5) For purposes of this subsection— 
‘‘(A) the term ‘Postal Service Retiree Health 
Benefits Fund’ refers to the fund described in sec-
tion 8909a; and 
‘‘(B) the term ‘Postal Service Fund’ refers to 
the fund described in section 2003 of title 39.’’. 
(b) COORDINATION PROVISIONS.—(1) Section 8909a 
of title 5, United States Code, is amended by adding at 
the end the following: 
‘‘(e) Notwithstanding any other provision of law, the 
amount payable by the Postal Service under subsection (d) 
in any fiscal year ending on or before September 30, 2021, 
shall be determined as if section 2(a) of the United States 
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