I 
108TH CONGRESS 
1ST SESSION H. R. 2997
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 
SEPTEMBER 3, 2003
Mr. WOLF 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
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.’’.
(b) REGULATIONS.—The Office of Personnel Man-
agement shall prescribe regulations to carry out this Act 
and the amendment made by subsection (a). Such regula-
tions—
(1) shall take effect not later than 12 months 
after the date of the enactment of this Act; and 
(2) shall include provisions to provide for the 
application of such amendment in the case of—
(A) any employee or Member (as defined 
by the following sentence) who, upon separation 
(at the time described in paragraph (1) or (2) 
of subsection (c)), would otherwise be entitled 
to an annuity under chapter 84 of title 5, 
United States Code, that is partially computed 
under subchapter III of chapter 83 of such 
title; and 
(B) any survivor of an employee or Mem-
ber described in subparagraph (A). 
For purposes of this subsection, the terms ‘‘employee’’, 
‘‘Member’’, and ‘‘survivor’’ have the meanings set forth 
in section 8401 of such title 5. 
(c) APPLICABILITY.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection (a) 
shall apply only in the case of any annuity entitle-
ment which is based on a separation from service oc-
curring 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 re-
ceipt of an appropriate application submitted before 
the deadline specified in section 8332(o)(5) of such 
title 5 (as so amended), recompute the amount of 
such annuity so as to take such section 8332(o) into 
account. In carrying 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.
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