JULY 20, 1998
Reported from the Committee on Ways and Means with an amendment, com-
mitted to the Committee of the Whole House on the State of the Union,
and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on February 24, 1998]
A BILL
To provide for the rectification of certain retirement coverage
errors affecting Federal employees, 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federal Retirement Coverage Corrections Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Applicability.
Sec. 4. Restriction relating to future corrections.
Sec. 5. Irrevocability of elections.
TITLE I—DESCRIPTION OF RETIREMENT COVERAGE ERRORS TO
WHICH THIS ACT APPLIES AND MEASURES FOR THEIR REC-
TIFICATION
Subtitle A—Employee Who Should Have Been FERS Covered, But Who Was
Erroneously CSRS Covered or CSRS-Offset Covered Instead
Sec. 101. Elections.
Sec. 102. Effect of an election to be transferred from CSRS to FERS to correct
a retirement coverage error.
Sec. 103. Effect of an election to be transferred from CSRS-Offset to FERS to
correct a retirement coverage error.
Sec. 104. Effect of an election to be transferred from CSRS to CSRS-Offset to cor-
rect a retirement coverage error.
Sec. 105. Effect of an election to be restored (or transferred) to CSRS-Offset after
having been corrected to FERS from CSRS-Offset (or CSRS).
Subtitle B—Employee Who Should Have Been FERS Covered, CSRS-Offset
Covered, or CSRS Covered, But Who Was Erroneously Social Security-Only
Covered Instead
Sec. 111. Elections.
Sec. 112. Effect of an election to become FERS covered to correct the retirement
coverage error.
Sec. 113. Effect of an election to become CSRS-Offset covered to correct the retire-
ment coverage error.
Sec. 114. Effect of an election to become CSRS covered to correct the retirement
coverage error.
Subtitle C—Employee Who Should Have Been Social Security-Only Covered,
But Who Was Erroneously FERS Covered, CSRS-Offset Covered, or CSRS
Covered Instead
Sec. 121. Uncorrected error: employee who should be Social Security-Only cov-
ered, but who is erroneously FERS covered instead.
Sec. 122. Uncorrected error: employee who should be Social Security-Only cov-
ered, but who is erroneously CSRS-Offset covered instead.
Sec. 123. Uncorrected error: employee who should be Social Security-Only cov-
ered, but who is erroneously CSRS covered instead.
Sec. 124. Corrected error: situations under sections 121–123.
Sec. 125. Vested employees excepted from automatic exclusion.
Subtitle D—Employee Who Should Have Been CSRS Covered or CSRS-Offset
Covered, But Who Was Erroneously FERS Covered Instead
Sec. 131. Elections.
Sec. 132. Effect of an election to be transferred from FERS to CSRS to correct
a retirement coverage error.
Sec. 133. Effect of an election to be transferred from FERS to CSRS-Offset to
correct a retirement coverage error.
Sec. 134. Effect of an election to be restored to FERS after having been corrected
to CSRS.
Sec. 135. Effect of an election to be restored to FERS after having been corrected
to CSRS-Offset.
Sec. 136. Disqualification of certain individuals to whom same election was pre-
viously available.
Subtitle E—Employee Who Should Have Been CSRS-Offset Covered, But Who
Was Erroneously CSRS Covered Instead
Sec. 141. Automatic transfer to CSRS-Offset.
Sec. 142. Effect of transfer.
Subtitle F—Employee Who Should Have Been CSRS Covered, But Who Was
Erroneously CSRS-Offset Covered Instead
Sec. 151. Elections.
Sec. 152. Effect of an election to be transferred from CSRS-Offset to CSRS to cor-
rect the retirement coverage error.
Sec. 153. Effect of an election to be restored to CSRS-Offset after having been cor-
rected to CSRS.
Subtitle G—Additional Provisions Relating to Government Agencies
Sec. 161. Repayment required in certain situations.
Sec. 162. Equitable sharing of amounts payable to or from the Government if
more than one agency involved.
Sec. 163. Provisions relating to the original responsible agency.
TITLE II—GENERAL PROVISIONS
Sec. 201. Identification and notification requirements.
Sec. 202. Individual appeal rights.
Sec. 203. Information to be furnished by Government agencies to authorities ad-
ministering this Act.
Sec. 204. Social Security records.
Sec. 205. Conforming amendments respecting Social Security coverage and
OASDI taxes.
Sec. 206. Regulations.
Sec. 207. All elections to be approved by OPM.
Sec. 208. Additional transfers to OASDI trust funds in certain cases.
Sec. 209. Technical and conforming amendments.
TITLE III—OTHER PROVISIONS
Sec. 301. Provisions to permit continued conformity of other Federal retirement
systems.
Sec. 302. Certain amounts payable out of the general fund of the Treasury or
CSRDF.
Sec. 303. Individual right of action preserved for amounts not otherwise provided
for under this Act.
Sec. 304. Extension of open enrollment period to employees under the Foreign
Service Retirement and Disability System.
TITLE IV—TAX PROVISIONS
Sec. 401. Tax provisions.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) CSRS.—The term ‘‘CSRS’’ means the Civil
Service Retirement System.
(2) CSRDF.—The term ‘‘CSRDF’’ means the
Civil Service Retirement and Disability Fund.
(3) CSRS COVERED.—The term ‘‘CSRS cov-
ered’’, with respect to any service, means service that
is subject to the provisions of subchapter III of chap-
ter 83 of title 5, United States Code, other than those
that apply only with respect to an individual de-
scribed in section 8402(b)(2) of such title.
(4) CSRS-OFFSET COVERED.—The term ‘‘CSRS-
Offset covered’’, with respect to any service, means
service that is subject to the provisions of subchapter
III of chapter 83 of title 5, United States Code, that
apply with respect to an individual described in sec-
tion 8402(b)(2) of such title.
(5) EMPLOYEE.—The term ‘‘employee’’ means
any individual serving in an appointive or elective
office or position in the executive, legislative, or judi-
cial branch of the Government who, by virtue of that
service, is permitted or required to be CSRS covered,
CSRS-Offset covered, FERS covered, or Social Secu-
rity-Only covered.
(6) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
tive Director of the Federal Retirement Thrift Invest-
ment Board’’ or ‘‘Executive Director’’ means the Ex-
ecutive Director appointed under section 8474 of title
5, United States Code.
(7) FERS.—The term ‘‘FERS’’ means the Fed-
eral Employees’ Retirement System.
(8) FERS COVERED.—The term ‘‘FERS cov-
ered’’, with respect to any service, means service that
is subject to chapter 84 of title 5, United States Code.