I 
112TH CONGRESS 
1ST SESSION H. R. 3591 
To recalculate and restore retirement annuity obligations of the United States 
Postal Service, eliminate the requirement that the United States Postal 
Service pre-fund the Postal Service Retiree Health Benefits Fund, place 
restrictions on the closure of postal facilities, create incentives for innova-
tion for the United States Postal Service, to maintain levels of postal 
service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2011 
Mr. DEFAZIO (for himself, Mr. HINCHEY, and Ms. SLAUGHTER) introduced 
the following bill; which was referred to the Committee on Oversight and 
Government Reform, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To recalculate and restore retirement annuity obligations of 
the United States Postal Service, eliminate the require-
ment that the United States Postal Service pre-fund 
the Postal Service Retiree Health Benefits Fund, place 
restrictions on the closure of postal facilities, create in-
centives for innovation for the United States Postal Serv-
ice, to maintain levels of postal service, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Postal Service Protec-
tion Act of 2011’’. 
TITLE I—RETIREMENT ANNUITY 
OBLIGATION 
RECALCULA-
TION AND RESTORATION 
SEC. 101. MODIFIED METHODOLOGY. 
(a) IN GENERAL.—Section 8348(h) of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(4)(A) To the extent that a determination under 
paragraph (1), relating to benefits attributable to civilian 
employment with the United States Postal Service, is 
based on a provision of law described in subparagraph (C), 
the determination shall be made in accordance with that 
provision and any otherwise applicable provisions of law, 
subject to the following: 
‘‘(i) The ‘average pay’ used in the case of any 
individual shall be a single amount, determined in 
accordance with section 8331(4), taking into account 
the rates of basic pay in effect for the individual 
during the periods of creditable service performed by 
the individual. Nothing in this subsection shall be 
considered to permit or require— 
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‘‘(I) 1 determination of average pay with 
respect to service performed with the United 
States Postal Service; and 
‘‘(II) a separate determination of average 
pay with respect to service performed with its 
predecessor entity in function. 
‘‘(ii) In determining the portion of an annuity 
attributable to civilian employment with the United 
States Postal Service, with respect to any period of 
employment with the United States Postal Service 
that follows any other period of employment cred-
itable under section 8332 (without regard to whether 
the employment was with an entity referred to in 
clause (i)(II)), the total service of an employee for 
purposes of any provision of law described in sub-
paragraph (C) shall be the sum of— 
‘‘(I) any period of employment with the 
United States Postal Service; and 
‘‘(II) any period of employment creditable 
under section 8332 that precedes the period de-
scribed in subclause (I). 
‘‘(B)(i) Not later than 6 months after the date of en-
actment of this paragraph, the Office shall determine (or, 
if applicable, redetermine) the amount of the Postal sur-
plus or supplemental liability as of the close of the fiscal 
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year most recently ending before that date of enactment, 
in conformance with the methodology required under sub-
paragraph (A). 
‘‘(ii)(I) If the result of the determination or redeter-
mination under clause (i) is a surplus, the Office may 
transfer the amount of the surplus, or any portion of the 
amount of the surplus, at the request of the United States 
Postal Service, to— 
‘‘(aa) the Postal Service Retiree Health Bene-
fits Fund established under section 8909a; and 
‘‘(bb) the Postal Service Fund established 
under section 2003 of title 39. 
‘‘(II) If a determination or redetermination under 
clause (i) for a fiscal year is made before a determination 
under paragraph (2)(B) is made with respect to the fiscal 
year, the Office may not make a determination under 
paragraph (2)(B) with respect to the fiscal year. 
‘‘(C) The provisions of law described in this subpara-
graph are— 
‘‘(i) the first sentence of section 8339(a); and 
‘‘(ii) section 8339(d)(1).’’. 
(b) COORDINATION PROVISIONS.— 
(1) DETERMINATION OF AMOUNT PAYABLE.— 
Section 8909a of title 5, United States Code, is 
amended by adding at the end the following: 
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‘‘(e) Notwithstanding any other provision of law, the 
Office shall determine the amount payable by the Postal 
Service under subsection (d) in any fiscal year ending on 
or before September 30, 2013, without regard to the re-
quirements under section 8348(h)(4).’’. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
Act shall affect the amount of any benefits otherwise 
payable from the Civil Service Retirement and Dis-
ability Fund to any individual. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The heading for section 8909a of title 5, United States 
Code, is amended by striking ‘‘Benefit’’ and inserting 
‘‘Benefits’’. 
SEC. 102. RELATING TO A POSTAL SURPLUS. 
Section 8348(h)(2)(C) of title 5, United States Code, 
is amended— 
(1) by inserting ‘‘2021,’’ after ‘‘2015,’’; and 
(2) by striking ‘‘if the result is’’ and all that 
follows through ‘‘terminated.’’ and inserting the fol-
lowing: ‘‘if the result is a surplus— 
‘‘(i) that amount, or any portion of that 
amount, may be transferred at the request of the 
United States Postal Service to— 
‘‘(I) the Postal Service Retiree Health 
Benefits Fund; and 
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