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wages and self-employment income, and as having
been received in the same amounts and at the same
times as they were actually received for purposes of
such subchapter III; and the entries in the Civil
Service Commission’s records with respect to such
basic pay shall thereupon be deleted.
‘‘(3) For purposes of paragraphs (1) and (2),
the ‘monthly amount’ of an individual’s benefit or
annuity includes (in addition to the monthly amount
which is or would be payable to such individual) the
monthly amount of any benefit or annuity which is
or would be payable to other persons on the basis of
such individual’s wages and self-employment income
(in the case of benefits under section 202) or on the
basis of his employment creditable under section
8332 of title 5, United States Code (in the case of
annuities under subchapter III of chapter 83 of such
title).
‘‘(b)(1) Subject to paragraph (3), if a survivor
of a deceased individual—
‘‘(A) is eligible for an annuity under sub-
chapter III of chapter 83 of title 5, United
States Code, on the basis of such individual’s
creditable employment, and such individual was
credited with wages or self-employment income
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(or both) for purposes of this title but such sur-
vivor is not eligible for benefits under section
202(a) on the basis of such individual’s wages
and self-employment income, or
‘‘(B) is eligible both for benefits under sec-
tion 202(a) on the basis of such individual’s
wages and self-employment income and for an
annuity under subchapter III of chapter 83 of
such title 5 on the basis of such individual’s
creditable employment, but the monthly total of
such benefits plus such annuity for all survivors
of such individual is less than the monthly
amount to which such annuity for all such sur-
vivors would be increased if the wages and self-
employment income with which such individual
was credited for purposes of this title had in-
stead constituted basic pay for employment
creditable for civil service retirement purposes
under section 8332 of such title 5, or
‘‘(C) is not eligible either for benefits
under section 202(a) on the basis of such indi-
vidual’s wages and self-employment income or
for an annuity under subchapter III of chapter
83 of such title 5 on the basis of such individ-
ual’s creditable employment, but (i) such survi-
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vor would be eligible for an annuity under such
subchapter III on the basis of such individual’s
creditable employment if all wages and self-em-
ployment income with which such individual
was credited for purposes of this title had in-
stead constituted basic pay for employment
creditable for civil service retirement purposes
under section 8332 of such title 5, and (ii) the
monthly amount of such annuity for all survi-
vors of such individual would be greater than
the monthly amount of any benefit for which
such survivors would be eligible under section
202(a) on the basis of such individual’s wages
and self-employment income if the amount of
any basic pay which he actually received for
employment so creditable had instead con-
stituted wages of self-employment income for
purposes of this title,
then, upon written request filed by or on behalf of
such survivor (in such manner and form as may be
provided in such regulations), all wages and self-em-
ployment income with which such individual was
credited for purposes of this title shall be treated for
purposes of such subchapter III (effective with re-
spect to months after the month in which the re-
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quest is filed) as constituting basic pay received by
such individual for employment creditable under sec-
tion 8332 of such title 5, and as having been re-
ceived in the same amounts and at the same times
as they were actually received for purposes of this
title; and the entries in the Secretary’s records with
respect to such wages and self-employment income
shall thereupon be deleted.
‘‘(2) Subject to paragraph (3), if a survivor of
a deceased individual—
‘‘(A) is eligible for benefits under section
202(a) on the basis of such individual’s wages
and self-employment income, and such individ-
ual was credited with basic pay for employment
creditable for civil service retirement purposes
under section 8332 of title 5, United States
Code, but no such survivor is eligible for an an-
nuity under subchapter III of chapter 83 of
such title on the basis of such individual’s cred-
itable employment, or
‘‘(B) is eligible both for benefits under sec-
tion 202(a) on the basis of such individual’s
wages and self-employment income and for an
annuity under subchapter III of chapter 83 of
title 5 on the basis of such individual’s cred-
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itable employment, but the monthly total of
such benefits plus such annuity for all survivors
of such individual is less than the monthly
amount to which such benefits for all such sur-
vivors would be increased if the basic pay with
which such individual was credited for civil
service retirement purposes under section 8332
of such title 5 had instead constituted wages or
self-employment income for purposes of this
title, or
‘‘(C) is not eligible either for benefits
under section 202(a) on the basis of such indi-
vidual’s wages and self-employment income or
for an annuity under subchapter III of chapter
83 of such title 5 on the basis of such individ-
ual’s creditable employment, but (i) such survi-
vor would be eligible for benefits under section
202(a) on the basis of such individual’s wages
on self-employment income if all basic pay with
which such individual was credited for civil
service retirement purposes under section 8332
of such title 5 had instead constituted wages or
self-employment income for purposes of this
title, and (ii) the monthly amount of such bene-
fits for all survivors of such individual would be
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greater than the monthly amount of any annu-
ity for which such survivors would be eligible
under subchapter III of chapter 83 of such title
5 on the basis of such individual’s creditable
employment if the amount of any wages and
self-employment income which he actually re-
ceived for purposes of this title had instead con-
stituted basic pay creditable under section 8332
of such title 5,
then, upon written request filed by or on behalf of
such survivor (in such manner and form as may be
provided in such regulations), all basic pay with
which such individual was credited for civil service
retirement purposes under section 8332 of such title
5 shall be treated for purposes of this title (effective
with respect to months after the month in which the
request is filed) as constituting wages and self-em-
ployment income, and as having been received in the
same amounts and at the same times as they were
actually received for purposes of such subchapter
III; and the entries in the Civil Service Commis-
sion’s records with respect to such basic pay shall
thereupon be deleted.
‘‘(3)(A) No request filed by a survivor of a de-
ceased individual under paragraph (1) or (2) of this
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subsection shall be accepted by the Secretary as a
valid request unless—
‘‘(i) a request is also filed under such para-
graph by every other living survivor of such in-
dividual who is eligible for benefits under sec-
tion 202 on the basis of such individual’s wages
and self-employment income or for an annuity
under subchapter III of chapter 83 of title 5,
United State Code, on the basis of such individ-
ual’s employment creditable under section 8332
of such title; and
‘‘(ii) written consent to the filing of such
request is given by any living survivor of such
individual who is not eligible for such benefits
or such annuity but who could become so eligi-
ble upon attaining a specified age, upon the fil-
ing of such request or requests, or upon the oc-
currence of some other event.
‘‘(B) No request may be filed by any survivor
of a deceased individual under this subsection if a
request was filed by such individual under subsection
(a) prior to his death.
‘‘(c) No request may be filed by any individual
under subsection (a) or by any survivor of such indi-
vidual under subsection (b) if such individual has re-
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ceived a refund of any part of the retirement deduc-
tions made from his basic pay under section 8334 of
title 5, United States Code, or the corresponding
provisions of prior law, unless and until the full
amount of such refund has been deposited with in-
terest as provided in section 8334(d) of such title.
‘‘(d) Any request made under subsection (a) or
(b) shall be irrevocable.
‘‘(e) For purposes of this section, an individual
is ‘eligible’ for benefits under section 202 or an an-
nuity under subchapter III of chapter 83 of title 5,
United States Code, if he is actually entitled to such
benefits or annuity or would be so entitled upon fil-
ing application therefor.
‘‘(f)(1) If for any fiscal year beginning with the
fiscal year 1982 either the Federal Old-Age and
Survivors Insurance Trust Fund or the Civil Service
Retirement and Disability Fund, after taking into
account any additional administrative expenses in-
curred by it as a result of the operation of this sec-
tion, realizes a net gain (whether in the form of an
actual gain or a reduction in the amount of the net
loss it would otherwise have suffered) as a result
of—
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‘‘(A) the nonpayment of benefits or annu-
ities during such fiscal year with respect to in-
dividuals who would have been entitled to bene-
fits or annuities from such fund (or would have
been entitled to such benefits or annuities in
larger amounts) but for requests filed under
subsections (a) and (b) of this section, and
‘‘(B) the increase in interest earned by
such fund because of the nonpayment or re-
duced payment of benefits or annuities pursu-
ant to such requests,
the Secretary of Health and Human Services shall
transfer from the Federal Old-Age and Survivors In-
surance Trust Fund to the Civil Service Retirement
and Disability Fund (if the Federal Old-Age and
Survivors Insurance Trust Fund is the fund realiz-
ing the gain), or the Civil Service Commission shall
transfer from the Civil Service Retirement and Dis-
ability Fund to the Federal Old-Age and Survivors
Insurance Trust Fund (if the Civil Service Retire-
ment and Disability Fund is the fund realizing the
gain), such amount as is jointly determined by the
Secretary and the Commission (in consultation with
the Secretary of the Treasury) to be equal to the
gain so realized, so as to place the transferring fund
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in the same position (at the close of such fiscal year)
as it would have been in if this section had not been
enacted.
‘‘(2) If for any fiscal year beginning with the
fiscal year 1982, after any transfer for such year
under paragraph (1), either the Federal Old-Age
and Survivors Insurance Trust Fund or the Civil
Service Retirement and Disability Fund is jointly
determined by the Secretary and the Commission (in
consultation with the Secretary of the Treasury) to
have suffered a loss on account of—
‘‘(A) the payment of benefits or annuities
from such Fund during such fiscal year with re-
spect to individuals who would not have been
entitled to such benefits or annuities (or would
have been entitled to such benefits or annuities
in smaller amounts) but for requests filed under
subsections (a) and (b) of this section.
‘‘(B) additional administrative expenses in-
curred by such Fund as a result of the payment
or nonpayment of benefits or annuities pursu-
ant to such requests, and
‘‘(C) any loss of interest to such Fund as
a result of the payment of benefits or annuities
pursuant to such requests,
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there is hereby appropriated to such fund such
amount as may be necessary to place it in the same
position at the close of such fiscal year as it would
have been in if this section had not been enacted.’’.
SEC. 2. Section 8332 of title 5, United States Code,
is amended by adding at the end thereof the following new
subsection:
‘‘(k) In accordance with section 230 of the Social Se-
curity Act (and notwithstanding any other provision of
this subchapter)—
‘‘(1) credit shall be allowed for gainful activity
otherwise constituting employment or self-employ-
ment for purposes of title II of such Act to the ex-
tent that the wages and self-employment income re-
ceived for or derived from such employment or self-
employment is treated as basic pay for employment
creditable under this section pursuant to a request
filed pursuant to subsection (a)(1) or (b)(1) of such
section 230; and
‘‘(2) credit shall not be allowed for service oth-
erwise creditable under this section to the extent
that the basic pay received for such service is treat-
ed as wages and self-employment income for pur-
poses of title II of such Act pursuant to a request
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filed pursuant to subsection (a)(2) or (b)(2) of such
section 230.’’.
SEC. 3. The amendments made by this Act shall
apply with respect to monthly benefits payable and annu-
ities accruing (and lump-sum payments in the case of
deaths occurring) after the fifth month following the
month in which this Act is enacted, on the basis of re-
quests filed (as provided in section 230 of the Social Secu-
rity Act, as added by the first section of this Act) on or
after the date of the enactment of this Act.
Æ