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the time, form, and manner in which that change
will be effected) or an election.
(3) ELECTION PROCEDURES, ETC.—If an elec-
tion is provided under this Act, all relevant informa-
tion as to how such an election may be made, the
options available, the differences between those re-
spective options (as further specified in succeeding
provisions of this subsection), and the consequences
of failing to make a timely election.
(4) ACCRUED BENEFITS, ETC.—With respect to
the (or each) retirement system by which the indi-
vidual is then covered (disregarding the Thrift Sav-
ings Plan), and to the extent applicable:
(A) A brief summary of any benefits ac-
crued.
(B) The amount of employee contributions
made to date and the effect of any applicable
disposition rules relating thereto (including pro-
visions relating to excess amounts or shortfalls).
(C) The amount of any Government con-
tributions made to date and the effect of any
applicable disposition rules relating thereto (in-
cluding provisions relating to excess amounts or
shortfalls).
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(5) THRIFT SAVINGS FUND.—With respect to
the Thrift Savings Fund, the balance that then is
(or would be) credited to the individual’s account de-
pending on the option chosen, with any such balance
to be shown both in the aggregate and broken down
by—
(A) individual contributions;
(B) automatic (1 percent) Government
contributions; and
(C) matching Government contributions,
including lost earnings on each and the extent to
which any makeup contributions or forfeitures would
be involved.
(6) OASDI BENEFITS.—Such information re-
garding benefits under title II of the Social Security
Act as the Commissioner of Social Security con-
siders appropriate.
(7) OTHER INFORMATION.—Any other informa-
tion that the Director of the Office of Personnel
Management may by regulation prescribe after con-
sultation with the Executive Director of the Federal
Retirement Thrift Investment Board and such other
agency heads as the Director considers appropriate,
including any appeal rights available to the indi-
vidual.
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(c) COMPARISONS.—Any amounts required to be in-
cluded under subsection (b)(4) shall, with respect to the
respective retirement systems involved, be determined—
(1) as of the date the retirement coverage error
was corrected (if applicable);
(2) as of the then most recent date for which
those benefits and amounts are ascertainable, as-
suming no change in retirement coverage; and
(3) as of the then most recent date for which
those benefits and amounts are ascertainable, as-
suming the alternative option is chosen.
(d) PAST ERRORS.—All measures required under this
section shall, with respect to errors preceding the date
specified in section 204(e) (relating to the effective date
for all regulations prescribed under this Act), be completed
no later than December 31, 2001.
SEC. 202. INDIVIDUAL APPEAL RIGHTS.
(a) IN GENERAL.—An individual aggrieved by a final
determination under this Act shall be entitled to appeal
such determination to the Merit Systems Protection Board
under section 7701 of title 5, United States Code.
(b) NOTIFICATION APPEALS.—The Office of Per-
sonnel Management shall by regulation establish proce-
dures under which individuals may bring an appeal to the
Office with respect to any failure to have been properly
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notified in accordance with section 201. A final determina-
tion under this subsection shall be appealable under sub-
section (a).
SEC. 203. INFORMATION TO BE FURNISHED BY GOVERN-
MENT AGENCIES TO AUTHORITIES ADMIN-
ISTERING THIS ACT.
(a) APPLICABILITY.—The authorities identified in
this subsection are:
(1) The Director of the Office of Personnel
Management.
(2) The Commissioner of Social Security.
(3) The Executive Director of the Federal Re-
tirement Thrift Investment Board.
(b) AUTHORITY TO OBTAIN INFORMATION.—Each
authority identified in subsection (a) may secure directly
from any department or agency of the United States infor-
mation necessary to enable such authority to carry out its
responsibilities under this Act. Upon request of the au-
thority involved, the head of the department or agency in-
volved shall furnish that information to the requesting au-
thority.
(c) LIMITATION; SAFEGUARDS.—Each of the respec-
tive authorities under subsection (a)—
(1) shall request only such information as that
authority considers necessary; and
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(2) shall establish, by regulation or otherwise,
appropriate safeguards to ensure that any informa-
tion obtained under this section shall be used only
for the purpose authorized.
SEC. 204. REGULATIONS.
(a) IN GENERAL.—Any regulations necessary to
carry out this Act shall be prescribed by the Director of
the Office of Personnel Management, the Executive Direc-
tor of the Federal Retirement Thrift Investment Board,
the Commissioner of Social Security, the Secretary of the
Treasury, and any other appropriate authority, with re-
spect to matters within their respective areas of jurisdic-
tion.
(b) MATTERS TO BE INCLUDED.—The regulations
prescribed by the Director of the Office of Personnel Man-
agement shall include at least the following:
(1) FORMER
EMPLOYEES, ANNUITANTS, AND
SURVIVOR ANNUITANTS.—
(A) IN GENERAL.—Provisions under which,
to the maximum extent practicable and in ap-
propriate circumstances, any election available
to an employee under subtitle A, B, D, or F of
title I shall be available to a former employee,
annuitant, or survivor annuitant.
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(B) SUBTITLE C SITUATIONS.—Provisions
under which subtitle C of title I shall apply in
the case of a former employee.
(C) SUBTITLE E SITUATIONS.—Provisions
under which the purposes of this paragraph
shall be carried with respect to any situation
under subtitle E of title I.
(2) FORMER SPOUSES.—Provisions under which
appropriate notification shall be afforded to any
former spouse affected by a change in retirement
coverage pursuant to this Act.
(3) PROCEDURAL REQUIREMENTS.—Provisions
establishing the procedural requirements in accord-
ance with which any determinations under this Act
(not otherwise addressed in this Act) shall be made,
in conformance with the requirements of this Act.
(4) AUTHORITY TO MAKE ACTUARIAL REDUC-
TION IN ANNUITY BY REASON OF CERTAIN UNPAID
AMOUNTS.—Provisions under which any payment re-
quired to be made by an individual to the Govern-
ment in order to make an election under this Act
which remains unpaid may be made by a reduction
in the appropriate annuity or survivor annuity. The
reduction shall, to the extent practicable, be de-
signed so that the present value of the future reduc-
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tion is actuarially equivalent to the amount so re-
quired.
(c) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘annuitant’’ means any individual
who is an annuitant as defined by section 8331(9)
or 8401(2) of title 5, United States Code; and
(2) the term ‘‘former employee’’ includes any
former employee who satisfies the service require-
ment for title to a deferred annuity under chapter
83 or 84 of such title 5 (as applicable), but—
(A) has not attained the minimum age re-
quired for title to such an annuity; or
(B) has not filed claim therefor.
(d) COORDINATION RULE.—In prescribing regula-
tions to carry out this Act, the Director of the Office of
Personnel Management shall consult with—
(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
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the first month beginning after the end of the 6-month
period beginning on the date of enactment of this Act.
SEC. 205. 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. 206. 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-
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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 CON-
FORMITY OF OTHER FEDERAL RETIREMENT
SYSTEMS.
(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-
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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
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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.
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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).
Passed the House of Representatives March 23,
1999.
Attest:
JEFF TRANDAHL,
Clerk.