I
107TH CONGRESS
1ST SESSION
H. R. 1496
To allow credit under the Federal Employees’ Retirement System for certain
Government service which was performed abroad after December 31,
1988, and before May 24, 1998.
IN THE HOUSE OF REPRESENTATIVES
APRIL 4, 2001
Mr. MORAN of Virginia (for himself and Mr. WYNN) introduced the following
bill; which was referred to the Committee on Government Reform
A BILL
To allow credit under the Federal Employees’ Retirement
System for certain Government service which was per-
formed abroad after December 31, 1988, and before
May 24, 1998.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RETIREMENT CREDIT FOR CERTAIN GOVERN-
MENT SERVICE PERFORMED ABROAD.
Subject to section 2(a), credit under chapter 84 of
title 5, United States Code, shall be allowed for any service
performed by an individual if or to the extent that—
(1) it was performed by such individual—
(A) after December 31, 1988, and before
May 24, 1998;
(B) at a United States diplomatic mission,
consular mission (other than a consular agen-
cy), or other Foreign Service post abroad; and
(C) under a temporary appointment pursu-
ant to sections 309 and 311 of the Foreign
Service Act of 1980 (22 U.S.C. 3949 and
3951);
(2) at the time of performing such service, such
individual would have satisfied all eligibility require-
ments under regulations of the Department of State
(as in effect on the date of the enactment of this
Act) for a family member limited noncareer appoint-
ment (within the meaning of such regulations, as in
effect on such date of enactment), except that, in
applying this paragraph, an individual not employed
by the Department of State while performing such
service shall be treated as if then so employed;
(3) such service would have been creditable
under section 8411(b)(3) of such title 5 if—
(A) it had been performed before January
1, 1989; and
(B) the deposit requirements of section
8411(f) of such title 5 had been met with re-
spect to such service;
(4) such service would not otherwise be cred-
itable under the Federal Employees’ Retirement Sys-
tem or any other retirement system for employees of
the United States Government (disregarding title II
of the Social Security Act); and
(5) the total amount of service performed by
such individual (satisfying paragraphs (1) through
(4)) is not less than 90 days.
SEC. 2. REQUIREMENTS.
(a) REQUIREMENTS OF THE INDIVIDUAL.—In order
to receive credit under chapter 84 of title 5, United States
Code, for any service described in section 1, the individual
who performed such service (or, if deceased, any person
who is or would be eligible for a survivor annuity under
the Federal Employees’ Retirement System based on the
service of such individual)—
(1) shall file a written application with the Of-
fice of Personnel Management no later than 36
months after the effective date of the regulations
prescribed to carry out this Act (as specified in
those regulations); and
(3) SPECIAL RULE.—If an amount cannot be
remitted under this subsection because an instru-
mentality has ceased to exist, such amount shall in-
stead be treated as part of the supplemental liability
referred to in section 8423(b)(1)(A) or (B) of title
5, United States Code (whichever would be appro-
priate).
(c) RELATED
REQUIREMENTS.—Any remittance
under subsection (a) or (b)—
(1) shall be made in such time, form, and man-
ner as the Office of Personnel Management may by
regulation require; and
(2) shall be computed with interest (in accord-
ance with section 8334(e) of title 5, United States
Code, and such requirements as the Office may by
regulation prescribe).
(d) NOTIFICATION
AND
ASSISTANCE
REQUIRE-
MENTS.—
(1) IN
GENERAL.—The Office of Personnel
Management shall take such action as may be nec-
essary and appropriate to inform individuals entitled
to have any service credited under this Act, or to
have any annuity computed or recomputed under
this Act, of their entitlement to such credit, com-
putation, or recomputation.
(2) ASSISTANCE TO INDIVIDUALS.—The Office
shall, on request, assist any individual referred to in
paragraph (1) in obtaining from any department,
agency, or other instrumentality of the United
States such information in the possession of such in-
strumentality as may be necessary to verify the enti-
tlement of such individual to have any service cred-
ited, or to have any annuity computed or recom-
puted, pursuant to this Act.
(3) ASSISTANCE FROM INSTRUMENTALITIES.—
Any department, agency, or other instrumentality of
the United States which possesses any information
with respect to any service described in section 1
shall, at the request of the Office, furnish such in-
formation to the Office.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Civil Service Retirement and Dis-
ability Fund’’ or ‘‘Fund’’ means the Civil Service
Retirement and Disability Fund under section 8348
of title 5, United States Code;
(2) the term ‘‘abroad’’ has the meaning given
such term under section 102 of the Foreign Service
Act of 1980 (22 U.S.C. 3902);
(3) the term ‘‘temporary appointment’’ means
an appointment that is limited by its terms to a pe-
riod of one year or less; and
(4) the term ‘‘basic pay’’ has the meaning given
such term under section 8401 of title 5, United
States Code.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be considered to permit or
require the making of any contributions to the Thrift Sav-
ings Fund that would not otherwise have been permitted
or required had this Act not been enacted.
SEC. 5. APPLICABILITY.
(a) ANNUITIES COMMENCING ON OR AFTER EFFEC-
TIVE DATE OF IMPLEMENTING REGULATIONS.—An annu-
ity or survivor annuity—
(1) which is based on the service of an indi-
vidual who performed service described in section 1,
and
(2) which commences on or after the effective
date of the regulations prescribed to carry out this
Act (as determined under section 2(a)(1)),
shall (subject to section 2(a)) be computed taking into ac-
count all service described in section 1 that was performed
by such individual.
(b) ANNUITIES WITH COMMENCEMENT DATE PRE-
CEDING EFFECTIVE DATE OF IMPLEMENTING REGULA-
TIONS.—
(1) RECOMPUTATION
CASES.—An annuity or
survivor annuity—
(A) which is based on the service of an in-
dividual who performed service described in sec-
tion 1, and
(B) which commences before the effective
date referred to in subsection (a)(2),
shall (subject to section 2(a)) be recomputed taking
into account all service described in section 1 that
was performed by such individual.
(2) OTHER
CASES.—An annuity or survivor
annuity—
(A) which is based on the service of an in-
dividual who performed service described in sec-
tion 1,
(B) the requirements for entitlement to
which could not be met without taking into ac-
count service described in section 1, and
(C) which (if service described in section 1
had been taken into account, and an appro-
priate application been submitted) would have
commenced before the effective date referred to
in subsection (a)(2),
shall (subject to section 2(a)) be computed taking
into account all service described in section 1 that
was performed by such individual.
(3) RETROACTIVE EFFECT.—Any computation
or recomputation of an annuity or survivor annuity
pursuant to this subsection shall—
(A) if pursuant to paragraph (1), be effec-
tive as of the commencement date of the annu-
ity or survivor annuity involved; and
(B) if pursuant to paragraph (2), be effec-
tive as of the commencement date that would
have applied if application for the annuity or
survivor annuity involved had been submitted
on the earliest date possible in order for it to
have been approved.
(4) LUMP-SUM PAYMENT.—Any amounts which
by virtue of paragraph (3) are payable for any
months preceding the first month (on or after the
effective date referred to in subsection (a)(2)) as of
which annuity or survivor annuity payments become
payable fully reflecting the computation or recompu-
tation under paragraph (1) or (2) (as the case may