I 
115TH CONGRESS 
2D SESSION 
H. R. 5389 
To amend title 5, United States Code, to provide that civilian service as 
a temporary employee after December 31, 1988, may be creditable service 
under the Federal Employees Retirement System, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 22, 2018 
Mr. KILMER (for himself, Mr. JONES, and Mr. CARBAJAL) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform 
A BILL 
To amend title 5, United States Code, to provide that civilian 
service as a temporary employee after December 31, 
1988, may be creditable service under the Federal Em-
ployees Retirement System, and for other purposes. 
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 ‘‘Federal Retirement 
Fairness Act’’. 
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SEC. 2. CREDITABLE SERVICE FOR TEMPORARY EMPLOY-
EES SERVING AFTER 1988. 
(a) IN GENERAL.—Section 8411 of title 5, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘and’’ at the end of para-
graph (5); 
(B) by striking the period at the end of 
paragraph (6) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(7) subject to subsection (m), service as a tem-
porary or intermittent employee, not otherwise cred-
itable for purposes of this chapter, performed after 
December 31, 1988.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(m)(1) Upon application to the Office of Personnel 
Management, an employee or Member shall be allowed 
credit for any service described in subsection (b)(7) if such 
employee or Member deposits to the credit of the Fund 
an amount equal to— 
‘‘(A) 1.3 percent of the base pay for such serv-
ice, with interest; plus 
‘‘(B) the applicable Government contribution, 
as determined by the Director. 
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‘‘(2) Interest shall be computed in the manner de-
scribed in subsection (f)(3).’’. 
(b) REQUIREMENTS.— 
(1) LIMITATION
ON
ELIGIBILITY.—An indi-
vidual who is not an employee or Member (as those 
terms are defined in paragraphs (11) and (20), re-
spectively, of section 8401 of title 5, United States 
Code) on the date of enactment of this Act is not 
eligible to make any deposit under subsection (m) of 
section 8411 of such title (as added by subsection 
(a)). 
(2) NOTIFICATION.—The Director of the Office 
of Personnel Management shall notify agency Chief 
Human Capital Officers or other appropriate agency 
officials for purposes of providing notice to eligible 
employees and Members of the option to make a de-
posit under such subsection (m). 
(c) REGULATIONS.—The Director of the Office of 
Personnel Management shall promulgate regulations to 
carry out this Act and the amendments made by this Act. 
Æ 
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