I 
111TH CONGRESS 
1ST SESSION H. R. 1804 
To amend title 5, United States Code, to make certain modifications in 
the Thrift Savings Plan, the Civil Service Retirement System, and the 
Federal Employees’ Retirement System, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 31, 2009 
Mr. TOWNS (for himself, Mr. SKELTON, Mr. WAXMAN, Mr. LYNCH, and Mrs. 
DAVIS of California) introduced the following bill; which was referred to 
the Committee on Oversight and Government Reform, and in addition to 
the Committee on Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 5, United States Code, to make certain modi-
fications in the Thrift Savings Plan, the Civil Service 
Retirement System, and the Federal Employees’ Retire-
ment 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Retirement Reform Act of 2009’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—PROVISIONS RELATING TO FEDERAL EMPLOYEES 
RETIREMENT 
Subtitle A—Thrift Savings Plan Enhancement 
Sec. 101. Short title. 
Sec. 102. Automatic enrollments. 
Sec. 103. Qualified Roth contribution program. 
Sec. 104. Authority to establish self-directed investment window. 
Sec. 105. Reporting requirements. 
Sec. 106. Acknowledgement of risk. 
Subtitle B—Other Retirement-Related Provisions 
Sec. 111. Credit for unused sick leave. 
Sec. 112. Exemption of certain CSRS repayments from the requirement that 
they be made with interest. 
Sec. 113. Computation of certain annuities based on part-time service. 
Sec. 114. Treatment of members of the uniformed services under the Thrift 
Savings Plan. 
Sec. 115. Authority to deposit refunds under FERS. 
Sec. 116. Retirement credit for service of certain employees transferred from 
District of Columbia service to Federal service. 
TITLE II—SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR 
SURVIVING SPOUSES OF ARMED FORCES MEMBERS 
Sec. 201. Increase in monthly amount of special survivor indemnity allowance 
for widows and widowers of deceased members of the Armed 
Forces affected by required Survivor Benefit Plan annuity off-
set for dependency and indemnity compensation. 
TITLE I—PROVISIONS RELATING 
TO FEDERAL EMPLOYEES RE-
TIREMENT 
Subtitle A—Thrift Savings Plan 
Enhancement 
SEC. 101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Thrift Savings 
Plan Enhancement Act of 2009’’. 
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SEC. 102. AUTOMATIC ENROLLMENTS. 
(a) IN GENERAL.—Section 8432(b) of title 5, United 
States Code, is amended by striking paragraphs (2) 
through (4) and inserting the following: 
‘‘(2)(A) The Board shall by regulation provide for an 
eligible individual to be automatically enrolled to make 
contributions under subsection (a) at the default percent-
age of basic pay. 
‘‘(B) For purposes of this paragraph, the default per-
centage shall be equal to 3 percent or such other percent-
age, not less than 2 percent nor more than 5 percent, as 
the Board may by regulation prescribe. 
‘‘(C) The regulations shall include provisions under 
which any individual who would otherwise be automatically 
enrolled in accordance with subparagraph (A) may— 
‘‘(i) modify the percentage or amount to be con-
tributed pursuant to automatic enrollment, effective 
from the start of such enrollment; or 
‘‘(ii) decline automatic enrollment altogether. 
‘‘(D) For purposes of this paragraph, the term ‘eligi-
ble individual’ means any individual who, after any regula-
tions under subparagraph (A) first take effect, is ap-
pointed, transferred, or reappointed to a position in which 
that individual is eligible to contribute to the Thrift Sav-
ings Fund. 
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‘‘(E)(i) Subject to clause (ii), sections 8351(a)(1), 
8440a(a)(1), 8440b(a)(1), 8440c(a)(1), 8440d(a)(1), and 
8440e(a)(1) shall be applied in a manner consistent with 
the purposes of this paragraph. 
‘‘(ii) The Secretary concerned may, with respect to 
members of the uniformed services under the authority of 
such Secretary, establish such special rules as such Sec-
retary considers necessary for the administration of this 
subparagraph, including rules in accordance with which 
such Secretary may— 
‘‘(I) provide for delayed automatic enrollment; 
or 
‘‘(II) preclude or suspend the application of 
automatic enrollment.’’. 
(b) TECHNICAL AMENDMENT.—Section 8432(b)(1) 
of title 5, United States Code, is amended by striking the 
parenthetical matter in subparagraph (B). 
SEC. 103. QUALIFIED ROTH CONTRIBUTION PROGRAM. 
(a) IN GENERAL.—Subchapter III of chapter 84 of 
title 5, United States Code, is amended by inserting after 
section 8432c the following: 
‘‘§ 8432d. Qualified Roth contribution program 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘qualified Roth contribution pro-
gram’ means a program described in paragraph (1) 
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of section 402A(b) of the Internal Revenue Code of 
1986 which meets the requirements of paragraph (2) 
of such section; and 
‘‘(2) the terms ‘designated Roth contribution’ 
and ‘elective deferral’ have the meanings given such 
terms in section 402A of the Internal Revenue Code 
of 1986. 
‘‘(b) AUTHORITY TO ESTABLISH.—The Board shall 
by regulation provide for the inclusion in the Thrift Sav-
ings Plan of a qualified Roth contribution program, under 
such terms and conditions as the Board may prescribe. 
‘‘(c) REQUIRED PROVISIONS.—The regulations under 
subsection (b) shall include— 
‘‘(1) provisions under which an election to make 
designated Roth contributions may be made— 
‘‘(A) by any individual who is eligible to 
make 
contributions 
under 
section 
8351, 
8432(a), 8440a, 8440b, 8440c, 8440d, or 
8440e; and 
‘‘(B) by any individual, not described in 
subparagraph (A), who is otherwise eligible to 
make elective deferrals under the Thrift Sav-
ings Plan; 
‘‘(2) any provisions which may, as a result of 
enactment of this section, be necessary in order to 
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clarify the meaning of any reference to an ‘account’ 
made in section 8432(f), 8433, 8434(d), 8435, 
8437, or any other provision of law; and 
‘‘(3) any other provisions which may be nec-
essary to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 84 of title 5, United States Code, is amended by insert-
ing after the item relating to section 8432c the following: 
‘‘8432d. Qualified Roth contribution program.’’. 
SEC. 104. AUTHORITY TO ESTABLISH SELF-DIRECTED IN-
VESTMENT WINDOW. 
(a) IN GENERAL.—Section 8438(b)(1) of title 5, 
United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding after subparagraph (E) the fol-
lowing: 
‘‘(F) a self-directed investment window, if 
the Board authorizes such window under para-
graph (5).’’. 
(b) REQUIREMENTS.—Section 8438(b) of title 5, 
United States Code, is amended by adding at the end the 
following: 
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‘‘(5)(A) The Board may authorize the addition of a 
self-directed investment window under the Thrift Savings 
Plan if the Board determines that such addition would be 
in the best interests of participants. 
‘‘(B) The self-directed investment window shall be 
limited to— 
‘‘(i) low-cost, passively-managed index funds 
that offer diversification benefits; and 
‘‘(ii) other investment options, if the Board de-
termines the options to be appropriate retirement in-
vestment vehicles for participants. 
‘‘(C) The Board shall ensure that any administrative 
expenses related to use of the self-directed investment win-
dow are borne solely by the participants who use such win-
dow. 
‘‘(D) The Board may establish such other terms and 
conditions for the self-directed investment window as the 
Board considers appropriate to protect the interests of 
participants, including requirements relating to risk dis-
closure. 
‘‘(E) The Board shall consult with the Employee 
Thrift Advisory Council (established under section 8473) 
before establishing any self-directed investment window.’’. 
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SEC. 105. REPORTING REQUIREMENTS. 
(a) ANNUAL REPORT.—The Board shall, not later 
than June 30 of each year, submit to Congress an annual 
report on the operations of the Thrift Savings Plan. Such 
report shall include, for the prior calendar year, informa-
tion on the number of participants as of the last day of 
such prior calendar year, the median balance in partici-
pants’ accounts as of such last day, demographic informa-
tion on participants, the percentage allocation of amounts 
among investment funds or options, the status of the de-
velopment and implementation of the self-directed invest-
ment window, the diversity demographics of any company, 
investment adviser, or other entity retained to invest and 
manage the assets of the Thrift Savings Fund, and such 
other information as the Board considers appropriate. A 
copy of each annual report under this subsection shall be 
made available to the public through an Internet website. 
(b) REPORTING
OF FEES
AND OTHER INFORMA-
TION.— 
(1) IN GENERAL.—The Board shall include in 
the periodic statements provided to participants 
under section 8439(c) of title 5, United States Code, 
the amount of the investment management fees, ad-
ministrative expenses, and any other fees or ex-
penses paid with respect to each investment fund 
and option under the Thrift Savings Plan. Any such 
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statement shall also provide a statement notifying 
participants as to how they may access the annual 
report described in subsection (a), as well as any 
other information concerning the Thrift Savings 
Plan that might be useful. 
(2) USE OF ESTIMATES.—For purposes of pro-
viding the information required under this sub-
section, the Executive Director may provide a rea-
sonable and representative estimate of any fees or 
expenses described in paragraph (1) and shall indi-
cate any such estimate as being such an estimate. 
Any such estimate shall be based on the previous 
year’s experience. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘Board’’ has the meaning given 
such term by 8401(5) of title 5, United States Code; 
(2) the term ‘‘participant’’ has the meaning 
given such term by section 8471(3) of title 5, United 
States Code; and 
(3) the term ‘‘account’’ means an account es-
tablished under section 8439 of title 5, United 
States Code. 
SEC. 106. ACKNOWLEDGEMENT OF RISK. 
(a) IN GENERAL.—Section 8439(d) of title 5, United 
States Code, is amended— 
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(1) by striking the matter after ‘‘who elects to 
invest in’’ and before ‘‘shall sign an acknowledge-
ment’’ and inserting ‘‘any investment fund or option 
under this chapter, other than the Government Se-
curities Investment Fund,’’; and 
(2) by striking ‘‘either such Fund’’ and insert-
ing ‘‘any such fund or option’’. 
(b) COORDINATION WITH PROVISIONS RELATING TO 
FIDUCIARY RESPONSIBILITIES, LIABILITIES, AND PEN-
ALTIES.—Section 8477(e)(1)(C) of title 5, United States 
Code, is amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (C)(i); and 
(2) by adding at the end the following: 
‘‘(ii) A fiduciary shall not be liable under subpara-
graph (A), and no civil action may be brought against a 
fiduciary— 
‘‘(I) for providing for the automatic enrollment 
of 
a 
participant 
in 
accordance 
with 
section 
8432(b)(2)(A); 
‘‘(II) for enrolling a participant in a default in-
vestment 
fund 
in 
accordance 
with 
section 
8438(c)(2); or 
‘‘(III) for allowing a participant to invest 
through the self-directed investment window or for 
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establishing restrictions applicable to participants’ 
ability to invest through the self-directed investment 
window.’’. 
Subtitle B—Other Retirement- 
Related Provisions 
SEC. 111. CREDIT FOR UNUSED SICK LEAVE. 
(a) IN GENERAL.—Section 8415 of title 5, United 
States Code, is amended— 
(1) by redesignating the second subsection (k) 
and subsection (l) as subsections (l) and (m), respec-
tively; and 
(2) in subsection (l) (as so redesignated by 
paragraph (1))— 
(A) by striking ‘‘(l) In computing’’ and in-
serting ‘‘(l)(1) In computing’’; and 
(B) by adding at the end the following: 
‘‘(2) Except as provided in paragraph (1), in com-
puting an annuity under this subchapter, the total service 
of an employee who retires on an immediate annuity or 
who dies leaving a survivor or survivors entitled to annuity 
includes the days of unused sick leave to his credit under 
a formal leave system, except that these days will not be 
counted in determining average pay or annuity eligibility 
under this subchapter. For purposes of this subsection, in 
the case of any such employee who is excepted from sub-
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chapter I of chapter 63 under section 6301(2)(x)–(xiii), 
the days of unused sick leave to his credit include any un-
used sick leave standing to his credit when he was ex-
cepted from such subchapter.’’. 
(b) EXCEPTION FROM DEPOSIT REQUIREMENT.— 
Section 8422(d)(2) of title 5, United States Code, is 
amended by striking ‘‘section 8415(k)’’ and inserting 
‘‘paragraph (1) or (2) of section 8415(l)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to annuities computed 
based on separations occurring on or after the date of en-
actment of this Act. 
SEC. 112. EXEMPTION OF CERTAIN CSRS REPAYMENTS 
FROM THE REQUIREMENT THAT THEY BE 
MADE WITH INTEREST. 
(a) IN GENERAL.—Section 8334(d)(1) of title 5, 
United States Code, is amended— 
(1) 
by 
striking 
‘‘(d)(1)’’ 
and 
inserting 
‘‘(d)(1)(A)’’; and 
(2) by adding at the end the following: 
‘‘(B) No interest under subparagraph (A) shall be re-
quired in the case of any deposit to the extent that it rep-
resents the amount of any refund that was made to an 
employee or Member during the period beginning on Octo-
ber 1, 1990, and ending on February 28, 1991.’’. 
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(b) APPLICABILITY.—The amendments made by sub-
section (a) shall be effective with respect to any annuity, 
entitlement to which is based on a separation from service 
occurring on or after the date of enactment of this Act. 
SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED 
ON PART-TIME SERVICE. 
(a) IN GENERAL.—Section 8339(p) of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(3) In the administration of paragraph (1)— 
‘‘(A) subparagraph (A) of such paragraph shall 
apply with respect to service performed before, on, 
or after April 7, 1986; and 
‘‘(B) subparagraph (B) of such paragraph— 
‘‘(i) shall apply with respect to that portion 
of any annuity which is attributable to service 
performed on or after April 7, 1986; and 
‘‘(ii) shall not apply with respect to that 
portion of any annuity which is attributable to 
service performed before April 7, 1986.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall be effective with respect to any annuity, 
entitlement to which is based on a separation from service 
occurring on or after the date of enactment of this Act. 
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SEC. 114. TREATMENT OF MEMBERS OF THE UNIFORMED 
SERVICES 
UNDER 
THE 
THRIFT 
SAVINGS 
PLAN. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) members of the uniformed services should 
have a retirement system that is at least as generous 
as the one which is available to Federal civilian em-
ployees; and 
(2) Federal civilian employees receive matching 
contributions from their employing agencies for their 
contributions to the Thrift Savings Fund, but the 
costs of requiring such a matching contribution from 
the Department of Defense could be significant. 
(b) REPORTING REQUIREMENT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall report to Congress on— 
(1) the cost to the Department of Defense of 
providing a matching payment with respect to con-
tributions made to the Thrift Savings Fund by 
members of the Armed Forces; 
(2) the effect that requiring such a matching 
payment would have on recruitment and retention; 
and 
(3) any other information that the Secretary of 
Defense considers appropriate. 
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SEC. 115. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS. 
(a) DEPOSIT AUTHORITY.—Section 8422 of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(i)(1) Each employee or Member who has received 
a refund of retirement deductions under this or any other 
retirement system established for employees of the Gov-
ernment covering service for which such employee or Mem-
ber may be allowed credit under this chapter may deposit 
the amount received, with interest. Credit may not be al-
lowed for the service covered by the refund until the de-
posit is made. 
‘‘(2) Interest under this subsection shall be computed 
in accordance with paragraphs (2) and (3) of section 
8334(e) and regulations prescribed by the Office. The op-
tion under the third sentence of section 8334(e)(2) to 
make a deposit in one or more installments shall apply 
to deposits under this subsection. 
‘‘(3) For the purpose of survivor annuities, deposits 
authorized by this subsection may also be made by a sur-
vivor of an employee or Member.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) 
DEFINITIONAL
AMENDMENT.—Section 
8401(19)(C) of title 5, United States Code, is 
amended by striking ‘‘8411(f);’’ and inserting 
‘‘8411(f) or 8422(i);’’. 
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(2) CREDITING OF DEPOSITS.—Section 8422(c) 
of title 5, United States Code, is amended by adding 
at the end the following: ‘‘Deposits made by an em-
ployee, Member, or survivor also shall be credited to 
the Fund.’’. 
(3) SECTION HEADING.—(A) The heading for 
section 8422 of title 5, United States Code, is 
amended to read as follows: 
‘‘§ 8422. Deductions from pay; contributions for other 
service; deposits’’. 
(B) The analysis for chapter 84 of title 5, 
United States Code, is amended by striking the item 
relating to section 8422 and inserting the following: 
‘‘8422. Deductions from pay; contributions for other service; deposits.’’. 
(4) RESTORATION OF ANNUITY RIGHTS.—The 
last sentence of section 8424(a) of title 5, United 
States Code, is amended by striking ‘‘based.’’ and 
inserting ‘‘based, until the employee or Member is 
reemployed in the service subject to this chapter.’’. 
SEC. 116. RETIREMENT CREDIT FOR SERVICE OF CERTAIN 
EMPLOYEES TRANSFERRED FROM DISTRICT 
OF COLUMBIA SERVICE TO FEDERAL SERV-
ICE. 
(a) RETIREMENT CREDIT.— 
(1) IN GENERAL.—Any individual who is treat-
ed as an employee of the Federal Government for 
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purposes of chapter 83 or chapter 84 of title 5, 
United States Code, on or after the date of enact-
ment of this Act who performed qualifying District 
of Columbia service shall be entitled to have such 
service included in calculating the individual’s cred-
itable service under sections 8332 or 8411 of title 5, 
United States Code, but only for purposes of the fol-
lowing provisions of such title: 
(A) Sections 8333 and 8410 (relating to 
eligibility for annuity). 
(B) Sections 8336 (other than subsections 
(d), (h), and (p) thereof) and 8412 (relating to 
immediate retirement). 
(C) Sections 8338 and 8413 (relating to 
deferred retirement). 
(D) Sections 8336(d), 8336(h), 8336(p), 
and 8414 (relating to early retirement). 
(E) Section 8341 and subchapter IV of 
chapter 84 (relating to survivor annuities). 
(F) Section 8337 and subchapter V of 
chapter 84 (relating to disability benefits). 
(2) TREATMENT OF DETENTION OFFICER SERV-
ICE AS LAW ENFORCEMENT OFFICER SERVICE.—Any 
portion of an individual’s qualifying District of Co-
lumbia service which consisted of service as a deten-
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tion officer under section 2604(2) of the District of 
Columbia Government Comprehensive Merit Per-
sonnel Act of 1978 (sec. 1–626.04(2), D.C. Official 
Code) shall be treated as service as a law enforce-
ment officer under sections 8331(20) or 8401(17) of 
title 5, United States Code, for purposes of applying 
paragraph (1) with respect to the individual. 
(3) SERVICE
NOT
INCLUDED
IN
COMPUTING 
AMOUNT OF ANY ANNUITY.—Qualifying District of 
Columbia service shall not be taken into account for 
purposes of computing the amount of any benefit 
payable out of the Civil Service Retirement and Dis-
ability Fund. 
(b) QUALIFYING DISTRICT OF COLUMBIA SERVICE 
DEFINED.—In this section, ‘‘qualifying District of Colum-
bia service’’ means any of the following: 
(1) Service performed by an individual as a 
nonjudicial employee of the District of Columbia 
courts— 
(A) which was performed prior to the ef-
fective date of the amendments made by section 
11246(b) of the Balanced Budget Act of 1997; 
and 
(B) for which the individual did not ever 
receive credit under the provisions of sub-
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chapter III of chapter 83 or chapter 84 of title 
5, United States Code (other than by virtue of 
section 8331(1)(iv) of such title). 
(2) Service performed by an individual as an 
employee of an entity of the District of Columbia 
government whose functions were transferred to the 
Pretrial Services, Parole, Adult Supervision, and Of-
fender Supervision Trustee under section 11232 of 
the Balanced Budget Act of 1997— 
(A) which was performed prior to the ef-
fective date of the individual’s coverage as an 
employee of the Federal Government under sec-
tion 11232(f) of such Act; and 
(B) for which the individual did not ever 
receive credit under the provisions of sub-
chapter III of chapter 83 or chapter 84 of title 
5, United States Code (other than by virtue of 
section 8331(1)(iv) of such title). 
(3) Service performed by an individual as an 
employee of the District of Columbia Public De-
fender Service— 
(A) which was performed prior to the ef-
fective date of the amendments made by section 
7(e) of the District of Columbia Courts and 
Justice Technical Corrections Act of 1998; and 
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(c) CERTIFICATION OF SERVICE.—The Office of Per-
sonnel Management shall accept the certification of the 
appropriate personnel official of the government of the 
District of Columbia or other independent employing enti-
ty concerning whether an individual performed qualifying 
District of Columbia service and the length of the period 
of such service the individual performed. 
TITLE 
II—SPECIAL 
SURVIVOR 
INDEMNITY ALLOWANCE FOR 
SURVIVING 
SPOUSES 
OF 
ARMED FORCES MEMBERS 
SEC. 201. INCREASE IN MONTHLY AMOUNT OF SPECIAL 
SURVIVOR INDEMNITY ALLOWANCE FOR WID-
OWS AND WIDOWERS OF DECEASED MEM-
BERS OF THE ARMED FORCES AFFECTED BY 
REQUIRED SURVIVOR BENEFIT PLAN ANNU-
ITY OFFSET FOR DEPENDENCY AND INDEM-
NITY COMPENSATION. 
Section 1450(m)(2) of title 10, United States Code, 
is amended— 
(1) in subparagraph (B), by striking ‘‘$60’’ and 
inserting ‘‘$95’’; 
(2) in subparagraph (C), by striking ‘‘$70’’ and 
inserting ‘‘$105’’; 
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(3) in subparagraph (D), by striking ‘‘$80’’ and 
inserting ‘‘$120’’; 
(4) in subparagraph (E), by striking ‘‘$90; 
and’’ and inserting ‘‘$130;’’ and 
(5) by striking subparagraph (F) and inserting 
the following new subparagraphs: 
‘‘(F) for months during fiscal year 2014, 
$330; 
‘‘(G) for months during fiscal year 2015, 
$335; and 
‘‘(H) for months during fiscal year 2016 
ending before the termination date specified in 
paragraph (6), $345.’’. 
Æ 
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