I
106TH CONGRESS
1ST SESSION
H. R. 2686
To amend subchapter III of chapter 83 of title 5, United States Code,
to make service performed as an employee of a nonappropriated fund
instrumentality after 1965 and before 1987 creditable for retirement
purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1999
Mr. DAVIS of Virginia introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To amend subchapter III of chapter 83 of title 5, United
States Code, to make service performed as an employee
of a nonappropriated fund instrumentality after 1965
and before 1987 creditable for retirement purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CREDITABILITY OF SERVICE.
Section 8332 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(o)(1) Upon application to the Office of Personnel
Management, any employee or Member shall be allowed
credit for service performed, after December 31, 1965,
and before January 1, 1987, as an employee described in
section 2105(c), but only if that individual has completed
or thereafter completes at least 5 years of creditable civil-
ian service under this section (exclusive of service for
which credit is allowed under this subsection).
‘‘(2)(A) Except as provided in subparagraph (C),
credit for a period of service shall not be allowed under
this subsection unless the employee or Member deposits
to the credit of the Fund an amount equal to the deduc-
tions from pay which would have been required under sec-
tion 8334 with respect to such service if such employee
or Member had been subject to this subchapter at the time
of performing such service.
‘‘(B) An employee or Member who makes the deposit
shall be allowed full retirement credit for the period or
periods of service involved. If the employee or Member
dies, a survivor as defined by section 8331(10) may make
the deposit.
‘‘(C) If the deposit is not made in full, retirement
credit shall be allowed, but the annuity shall be reduced
in a manner similar to that described in section 8418(b).
In no event shall the resulting annuity be less than would
be the case if this subsection had not been enacted.
‘‘(3) The Office shall accept the certification of the
head of the relevant nonappropriated fund instrumentality
of the United States concerning the service of, and the
amount of compensation received by, an employee or Mem-
ber with respect to which credit is sought under this sub-
section.
‘‘(4) An individual receiving credit for service for any
period under this subsection shall not be granted credit
for such service under any retirement system for employ-
ees of a nonappropriated fund instrumentality.
‘‘(5) The Office shall prescribe regulations for the ap-
plication of this subsection in the case of an employee or
Member (within the meaning of chapter 84) who, upon
separation, would otherwise be entitled to an annuity that
is partially computed under this subchapter (determined
disregarding service for which credit is allowed under this
subsection) or a survivor of such an employee or Member.
‘‘(6) An application under this subsection may be
submitted no later than 2 years after the effective date
of regulations which the Office shall prescribe to carry out
this subsection.’’.
SEC. 2. APPLICABILITY TO ANNUITANTS AND DEFERRED
ANNUITANTS.
(a) IN GENERAL.—An annuity or survivor annuity
based on the service of an individual who performed serv-
ice creditable under section 8332(o) of title 5, United
States Code (as amended by this Act) shall, upon applica-
tion to the Office of Personnel Management, be recom-
puted in accordance with such section 8332(o).
(b) ACTUARIAL REDUCTION.—Notwithstanding any
other provision of this Act, no deposit under section
8332(o) of title 5, United States Code (as amended by
this Act) shall be permitted or required under this section,
and any recomputation under this section shall reflect the
appropriate actuarial reduction.
(c) PROSPECTIVE
EFFECT.—Any recomputation
under this section shall apply with respect to benefits for
months beginning later than 30 days after the date on
which application for such recomputation is received by
the Office.
(d) SAME DEADLINE.—An application under this sec-
tion shall not be accepted after the end of the 2-year pe-
riod referred to in section 8332(o)(6) of title 5, United
States Code (as amended by this Act).
SEC. 3. NOTIFICATION AND ASSISTANCE.
(a) NOTIFICATION.—The Office of Personnel Man-
agement shall take such measures as it considers appro-
priate to inform individuals entitled to have any service
credited under section 8332(o) of title 5, United States
Code (as amended by this Act), or to have any amounts
recomputed under section 2, of their entitlement to such
credit or recomputation.