I
103D CONGRESS
2D SESSION
H. R. 4409
To allow service performed as an employee of a nonappropriated fund instru-
mentality after 1965 and before 1987 to be considered creditable for
purposes of civil service retirement.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1994
Mr. HOBSON (for himself and Mr. HALL of Ohio) introduced the following bill;
which was referred to the Committee on Post Office and Civil Service
A BILL
To 
allow 
service 
performed 
as 
an 
employee 
of 
a
nonappropriated fund instrumentality after 1965 and be-
fore 1987 to be considered creditable for purposes of
civil service retirement.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CREDITABILITY OF PRIOR SERVICE.
Subject to succeeding provisions of this Act, service
performed by an individual as an employee described in
section 2105(c) of title 5, United States Code, after De-
cember 31, 1965, and before January 1, 1987, shall be
considered creditable service for purposes of subchapter
III of chapter 83 of title 5, United States Code.
SEC. 2. CONDITIONS.
(a) IN GENERAL.—In order for any service described
in section 1 to be considered creditable for the purposes
described in such section—
(1) the service must have been performed by an
individual who—
(A)(i) on the date of the enactment of this
Act, is an employee subject to subchapter III of
chapter 83 of title 5, United States Code; or
(ii) within 12 months before the date of
the enactment of this Act, was separated from
a position in which such individual was subject
to such subchapter; and
(B) as of the date of making application
under paragraph (2) or, if later, the date of
separation on which entitlement to annuity is
based, satisfies the requirements of section
8333 of title 5, United States Code (disregard-
ing any service for which credit is sought under
this Act); and
(2) written application must be submitted to
the Office of Personnel Management, by the individ-
ual who performed the service involved, within 12
months after the date of the enactment of this Act.
(b) NON-CREDITABILITY OF CERTAIN SERVICE.—
Section 1 shall not result in the crediting of any period
of service which was performed by an individual while such
individual was participating in a retirement system estab-
lished for employees described in section 2105(c) of title
5, United States Code.
SEC. 3. ANNUITY REDUCTION IN LIEU OF DEPOSIT.
(a) IN GENERAL.—The annuity of any individual de-
scribed in section 1 which is computed or recomputed as
a result of this Act shall be reduced, under regulations
prescribed by the Office of Personnel Management, by an
amount determined in a manner such that the present
value of all future reductions under this section shall, to
the extent practicable, be actuarially equivalent to the
present value of the deposit which would otherwise be re-
quired under section 8339(i) of title 5, United States Code
(including interest) with respect to the service made cred-
itable under this Act.
(b) LIMITATION.—Nothing in this section shall cause
an annuity to be reduced below the amount to which such
annuity would be equal if this Act had not been enacted.
SEC. 4. PROVISIONS RELATING TO RECOMPUTATIONS.
In the case of any individual who—
(1) retired on an annuity commencing before
the date of the enactment of this Act, and
(2) performed any service which becomes cred-
itable as a result of the enactment of this Act,
any annuity recomputation necessitated by this Act shall
be effective with respect to payments accruing for months
beginning after the date on which application under sec-
tion 2(a)(2) is received by the Office of Personnel Manage-
ment with respect to such service.
Æ