(1) the Administrative Office of the United
States Courts;
(2) the Clerk of the House of Representatives;
(3) the Sergeant at Arms and Doorkeeper of
the Senate; and
(4) other appropriate officers or authorities.
(e) EFFECTIVE DATE.—All regulations necessary to
carry out this Act shall take effect as of the first day of
the first month beginning after the end of the 6-month
period beginning on the date of enactment of this Act.
SEC. 207. ALL ELECTIONS TO BE APPROVED BY OPM.
Notwithstanding any other provision of this Act, no
election under this Act (other than an election by default)
may be given effect until the Office of Personnel Manage-
ment has determined, in writing, that such election is in
compliance with the requirements of this Act.
SEC. 208. ADDITIONAL TRANSFERS TO OASDI TRUST FUNDS
IN CERTAIN CASES.
If the Commissioner of Social Security determines
that the payment of the OASDI taxes described in this
Act did not result in a credit to the OASDI trust funds
of an equal amount, the Commissioner of Social Security
shall notify the Secretary of the Treasury of the amount
of any shortfall. Promptly upon receiving such notifica-
tion, the Secretary of the Treasury shall transfer an
amount equal to such shortfall from the general fund of
the Treasury to the OASDI trust funds.
SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.
(a) AMENDMENT RELATING
TO LIMITATION
ON
SOURCES FROM WHICH CONTRIBUTIONS TO THE THRIFT
SAVINGS FUND ARE ALLOWED.—Section 8432(h) of title
5, United States Code, is amended by striking ‘‘title.’’ and
inserting ‘‘title or the Federal Retirement Coverage Cor-
rections Act.’’.
(b) DESCRIPTION
OF AMOUNTS COMPRISING
THE
THRIFT SAVINGS FUND.—Section 8437(b) of title 5,
United States Code, is amended by striking ‘‘expenses).’’
and inserting ‘‘expenses), as well as contributions under
the Federal Retirement Coverage Corrections Act (and
lost earnings made up under such Act).’’.
(c) ADMINISTRATIVE EXPENSES.—
(1) THRIFT SAVINGS PLAN.—Section 8437(d)
of title 5, United States Code, is amended by insert-
ing ‘‘(including the provisions of the Federal Retire-
ment Coverage Corrections Act that relate to this
subchapter)’’ after ‘‘this subchapter’’.
(2) 
CSRS, 
CSRS-OFFSET, 
FERS.—Section
8348(a)(2) of title 5, United States Code, is amend-
ed by striking ‘‘statutes;’’ and inserting ‘‘statutes
(including the provisions of the Federal Retirement
Coverage Corrections Act that relate to this sub-
chapter);’’.
(3) MSPB.—Section 8348(a)(3) of title 5,
United States Code, is amended by striking ‘‘title.’’
and inserting ‘‘title and the Federal Retirement Cov-
erage Corrections Act.’’.
TITLE III—OTHER PROVISIONS
SEC. 301. PROVISIONS TO PERMIT CONTINUED CONFORM-
ITY OF OTHER FEDERAL RETIREMENT SYS-
TEMS.
(a) FOREIGN SERVICE.—The Secretary of State shall
issue regulations to provide for the application of the pro-
visions of this Act in a like manner with respect to partici-
pants, annuitants, or survivors under the Foreign Service
Retirement and Disability System or the Foreign Service
Pension System (as applicable), except that—
(1) any individual aggrieved by a final deter-
mination shall appeal such determination to the For-
eign Service Grievance Board instead of the Merit
Systems Protection Board under section 202; and
(2) the Secretary of State shall perform the
functions and exercise the authority vested in the
Office of Personnel Management or the Director of
the Office of Personnel Management under this Act.
(b) CENTRAL
INTELLIGENCE
AGENCY.—Sections
292 and 301 of the Central Intelligence Agency Retire-
ment Act (50 U.S.C. 2141 and 2151) shall apply with re-
spect to this Act in the same manner as if this Act were
part of—
(1) the Civil Service Retirement System, to the
extent this Act relates to the Civil Service Retire-
ment System; and
(2) the Federal Employees’ Retirement System,
to the extent this Act relates to the Federal Employ-
ees’ Retirement System.
SEC. 302. PROVISIONS TO PREVENT REDUCTIONS IN FORCE
AND ANY UNFUNDED LIABILITY IN THE
CSRDF.
(a) PROVISIONS
TO
PREVENT
REDUCTIONS
IN
FORCE.—
(1) LIMITATION.—An agency required to make
any payments under this Act may not conduct any
reduction in force solely by reason of any current or
anticipated lack of funds attributable to such pay-
ments.
(2) ALTERNATIVE
REQUIRED.—In the cir-
cumstance described in paragraph (1), any cost sav-
ings that (but for this subsection) would otherwise
be sought through reductions in force shall instead
be achieved through attrition and limitations on hir-
ing.
(b) PROVISIONS TO PREVENT UNFUNDED LIABIL-
ITY.—
(1) IN
GENERAL.—For purposes of section
8348(f) of title 5, United States Code, any unfunded
liability in the CSRDF created as a result of an
election made (or deemed to have been made) under
this Act, as determined by the Office of Personnel
Management, shall be considered a new benefit pay-
able from the CSRDF.
(2) COORDINATION RULE.—Paragraph (1) shall
not apply to the extent that subsection (h), (i), or
(m) of section 8348 of title 5, United States Code,
would otherwise apply.
SEC. 303. INDIVIDUAL RIGHT OF ACTION PRESERVED FOR
AMOUNTS NOT OTHERWISE PROVIDED FOR
UNDER THIS ACT.
Nothing in this Act shall preclude an individual from
bringing a claim against the Government of the United
States which such individual may have under section
1346(b) or chapter 171 of title 28, United States Code,
or any other provision of law (except to the extent the
claim is for any amounts otherwise provided for under this
Act).
SEC. 304. EXTENSION OF OPEN ENROLLMENT PERIOD TO
EMPLOYEES UNDER THE FOREIGN SERVICE
RETIREMENT AND DISABILITY SYSTEM.
Section 860 of the Foreign Service Act of 1980 (22
U.S.C. 4071i) is amended by inserting after the first sen-
tence the following: ‘‘The Secretary of State shall, in addi-
tion, issue regulations providing for an election for cov-
erage under the Foreign Service Pension System for em-
ployees covered under the Foreign Service Retirement and
Disability System comparable to the election provided for
by the Federal Employees’ Retirement System Open En-
rollment Act of 1997.’’.
TITLE IV—TAX PROVISIONS
SEC. 401. TAX PROVISIONS.
(a) PLAN QUALIFICATION.—No retirement plan of
the United States (or any agency thereof) shall fail to be
treated as a qualified plan under the Internal Revenue
Code of 1986 by reason of any action taken under this
Act.
(b) TRANSFERS.—For purposes of the Internal Reve-
nue Code of 1986, no amount shall be includible in the
gross income of any individual by reason of any direct
transfer under this Act between funds or any Government
contribution under this Act to any fund or account, and
no amount shall be subject to tax under subtitle C of such
Code by reason of any such transfer or contribution.
Passed the House of Representatives July 20, 1998.
Attest:
Clerk.