I
107TH CONGRESS
1ST SESSION
H. R. 2355
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
JUNE 28, 2001
Mr. TOM 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.
(a) IN GENERAL.—Section 8332 of title 5, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(o)(1) Subject to paragraph (2), upon application to
the Office of Personnel Management, any individual who
is an employee or Member on the date of the enactment
of this subsection, and who has on such date or thereafter
acquires 5 or more years of creditable civilian service
under this section (exclusive of service for which credit is
allowed under this subsection) shall be allowed credit for
service performed, after December 31, 1965, and before
January 1, 1987, as an employee described in section
2105(c).
‘‘(2)(A) An employee or Member may, with respect
to any period of service for which such employee or Mem-
ber is allowed credit under this subsection, deposit to the
credit of the Fund an amount equal to the deductions
from basic pay which would have been required under sec-
tion 8334(a) if such service were service as an employee.
‘‘(B) An employee or Member who makes the deposit
described in subparagraph (A) shall be allowed full retire-
ment credit for the period of service involved.
‘‘(C) If an employee or Member does not make the
deposit or makes less than the full amount of the deposit
described in subparagraph (A), retirement credit shall be
allowed, but the resulting annuity shall be reduced in a
manner similar to the method provided under section
8339(j)(3) to make up the amount of any deposit de-
scribed in the second sentence thereof. In no event shall
the application of this subparagraph cause an annuity to
be less than it would have been if this subsection had not
been enacted.
‘‘(D) For the purpose of survivor annuities, any de-
posit authorized by subparagraph (A) may also be made
by a survivor of an employee or Member.
‘‘(3) The Office shall accept the certification of the
appropriate Secretary or his designee concerning the serv-
ice of, and the amount of compensation received by, an
employee or Member with respect to which credit is sought
under this subsection. For purposes of the preceding sen-
tence, the ‘appropriate Secretary’ is—
‘‘(A) the Secretary of Defense, to the extent
that service in or under the Department of Defense
is involved; and
‘‘(B) the Secretary of Transportation, to the ex-
tent that service in or under the Coast Guard is in-
volved.
‘‘(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) An application for retirement credit under this
subsection may be submitted no later than 2 years after
the effective date of the regulations prescribed by the Of-
fice to carry out this subsection.’’.
ment to which is based on a separation from service
occurring on or after the effective date of the regula-
tions prescribed under subsection (b).
(2) 
LIMITED
EXCEPTION
FOR
ANNUITIES
BASED ON SEPARATIONS OCCURRING AFTER DATE
OF ENACTMENT AND BEFORE EFFECTIVE DATE OF
IMPLEMENTING REGULATIONS.—
(A) RECOMPUTATION
REQUIREMENT.—In
the case of any individual—
(i) who is entitled to an annuity enti-
tlement to which is based on a separation
from service occurring after the date of the
enactment of this Act and before the effec-
tive date of the regulations prescribed
under subsection (b), and
(ii) whose annuity would be increased
by the application of section 8332(o) of
title 5, United States Code (as amended by
subsection (a)),
the Office of Personnel Management shall, upon
receipt of an appropriate application submitted
before 
the 
deadline 
specified 
in 
section
8332(o)(5) of such title 5 (as so amended), re-
compute the amount of such annuity so as to
take such section 8332(o) into account. In car-
rying out the preceding sentence, any deposit
timely made shall be treated as if it had been
made before the commencement date of the an-
nuity involved.
(B) NO PAYMENT FOR ANY EARLIER PERI-
ODS.—Any change in an annuity resulting from
a recomputation under subparagraph (A) shall
be payable only with respect to amounts accru-
ing for months beginning after the date on
which the application (referred to in subpara-
graph (A)) is received.
SEC. 2. 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 section 1(a)), or to have any
amounts recomputed under section 1(c)(2), of their enti-
tlement to such credit or recomputation.
(b) ASSISTANCE FROM THE OFFICE OF PERSONNEL
MANAGEMENT.—The Office of Personnel Management
shall, on request, assist any individual referred to in sub-
section (a) in obtaining from any department, agency, or
other instrumentality of the United States such informa-
tion in the possession of such instrumentality as may be
necessary to verify the entitlement of such individual to
have any service credited under section 8332(o) of title
5, United States Code (as amended by section 1(a)) or
to have any amounts recomputed under section 1(c)(2).
(c) ASSISTANCE FROM OTHER AGENCIES.—Any de-
partment, agency, or other instrumentality of the United
States which possesses any information with respect to
any service of an individual described in section 8332(o)
of title 5, United States Code (as amended by section
1(a)) shall—
(1) at the request of such individual (or an ap-
propriate survivor), furnish such information to that
individual (or survivor); and
(2) at the request of the Office of Personnel
Management, furnish such information to the Office.
Æ