SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Retirement Reform Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—THRIFT SAVINGS PLAN ENHANCEMENT 
Sec. 101. Short title. 
Sec. 102. Automatic enrollments. 
Sec. 103. Qualified Roth contribution program. 
Sec. 104. Authority to establish self-directed investment window. 
Sec. 105. Reporting requirements. 
Sec. 106. Acknowledgement of risk. 
Sec. 107. Credit for unused sick leave. 
TITLE II—COMPUTATION OF CERTAIN ANNUITIES BASED ON 
PART-TIME SERVICE 
Sec. 201. Computation of certain annuities based on part-time service. 
Sec. 202. Applicability. 
TITLE III—RETIREMENT CREDIT FOR SERVICE OF CERTAIN EM-
PLOYEES TRANSFERRED FROM DISTRICT OF COLUMBIA SERV-
ICE TO FEDERAL SERVICE 
Sec. 301. Short title. 
Sec. 302. Retirement Credit For Service of Certain Employees Transferred 
From District of Columbia Service to Federal Service. 
Sec. 303. Qualifying District of Columbia Service Defined. 
Sec. 304. Certification of Service. 
TITLE IV—DISTRIBUTIONS FROM GOVERNMENTAL RETIREMENT 
PLANS FOR HEALTH AND LONG-TERM CARE INSURANCE 
Sec. 401. Distributions from governmental retirement plans for health and 
long-term care insurance for Federal annuitants and members 
and former members of the Armed Forces of the United 
States. 
TITLE I—THRIFT SAVINGS PLAN 
ENHANCEMENT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Thrift Savings Plan 
Enhancement Act of 2009’’. 
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SEC. 102. AUTOMATIC ENROLLMENTS. 
(a) IN GENERAL.—Section 8432(b) of title 5, United 
States Code, is amended by striking paragraphs (2) 
through (4) and inserting the following: 
‘‘(2)(A) The Board shall by regulation provide for an 
eligible individual to be automatically enrolled to make 
contributions under subsection (a) at the default percent-
age of basic pay. 
‘‘(B) For purposes of this paragraph, the default per-
centage shall be equal to 3 percent or such other percent-
age, not less than 2 percent nor more than 5 percent, as 
the Board may by regulation prescribe. 
‘‘(C) The regulations shall include provisions under 
which any individual who would otherwise be automatically 
enrolled in accordance with subparagraph (A) may— 
‘‘(i) modify the percentage or amount to be con-
tributed pursuant to automatic enrollment, effective 
from the start of such enrollment; or 
‘‘(ii) decline automatic enrollment altogether. 
‘‘(D) For purposes of this paragraph, the term ‘eligi-
ble individual’ means any individual who, after any regula-
tions under subparagraph (A) first take effect, is ap-
pointed, transferred, or reappointed to a position in which 
that individual is eligible to contribute to the Thrift Sav-
ings Fund. 
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‘‘(E) Sections 8351(a)(1), 8440a(a)(1), 8440b(a)(1), 
8440c(a)(1), 8440d(a)(1), and 8440e(a)(1) shall be ap-
plied in a manner consistent with the purposes of this 
paragraph.’’. 
(b) TECHNICAL AMENDMENT.—Section 8432(b)(1) 
of title 5, United States Code, is amended by striking the 
parenthetical matter in subparagraph (B). 
SEC. 103. QUALIFIED ROTH CONTRIBUTION PROGRAM. 
(a) IN GENERAL.—Subchapter III of chapter 84 of 
title 5, United States Code, is amended by inserting after 
section 8432c the following: 
‘‘§ 8432d. Qualified Roth contribution program 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘qualified Roth contribution pro-
gram’ means a program described in paragraph (1) 
of section 402A(b) of the Internal Revenue Code of 
1986 which meets the requirements of paragraph (2) 
of such section; and 
‘‘(2) the terms ‘designated Roth contribution’ 
and ‘elective deferral’ have the meanings given such 
terms in section 402A of the Internal Revenue Code 
of 1986. 
‘‘(b) AUTHORITY TO ESTABLISH.—The Board shall 
by regulation provide for the inclusion in the Thrift Sav-
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ings Plan of a qualified Roth contribution program, under 
such terms and conditions as the Board may prescribe. 
‘‘(c) REQUIRED PROVISIONS.—The regulations under 
subsection (b) shall include— 
‘‘(1) provisions under which an election to make 
designated Roth contributions may be made— 
‘‘(A) by any individual who is eligible to 
make 
contributions 
under 
section 
8351, 
8432(a), 8440a, 8440b, 8440c, 8440d, or 
8440e; and 
‘‘(B) by any individual, not described in 
subparagraph (A), who is otherwise eligible to 
make elective deferrals under the Thrift Sav-
ings Plan; 
‘‘(2) any provisions which may, as a result of 
enactment of this section, be necessary in order to 
clarify the meaning of any reference to an ‘account’ 
made in section 8432(f), 8433, 8434(d), 8435, 
8437, or any other provision of law; and 
‘‘(3) any other provisions which may be nec-
essary to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 84 of title 5, United States Code, is amended by insert-
ing after the item relating to section 8432c the following: 
‘‘8432d. Qualified Roth contribution program.’’. 
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SEC. 104. AUTHORITY TO ESTABLISH SELF-DIRECTED IN-
VESTMENT WINDOW. 
(a) IN GENERAL.—Section 8438(b)(1) of title 5, 
United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding after subparagraph (E) the fol-
lowing: 
‘‘(F) a self-directed investment window, if 
the Board authorizes such window under para-
graph (5).’’. 
(b) REQUIREMENTS.—Section 8438(b) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(5)(A) The Board may authorize the addition of a 
self-directed investment window under the Thrift Savings 
Plan if the Board determines that such addition would be 
in the best interests of participants. 
‘‘(B) The self-directed investment window shall be 
limited to— 
‘‘(i) low-cost, passively-managed index funds 
that offer diversification benefits; and 
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‘‘(ii) other investment options, if the Board de-
termines the options to be appropriate retirement in-
vestment vehicles for participants. 
‘‘(C) The Board shall ensure that any administrative 
expenses related to use of the self-directed investment win-
dow are borne solely by the participants who use such win-
dow. 
‘‘(D) The Board may establish such other terms and 
conditions for the self-directed investment window as the 
Board considers appropriate to protect the interests of 
participants, including requirements relating to risk dis-
closure. 
‘‘(E) The Board shall consult with the Employee 
Thrift Advisory Council (established under section 8473) 
before establishing any self-directed investment window.’’. 
SEC. 105. REPORTING REQUIREMENTS. 
(a) ANNUAL REPORT.—The Board shall, not later 
than June 30 of each year, submit to Congress an annual 
report on the operations of the Thrift Savings Plan. Such 
report shall include, for the prior calendar year, informa-
tion on the number of participants as of the last day of 
such prior calendar year, the median balance in partici-
pants’ accounts as of such last day, demographic informa-
tion on participants, the percentage allocation of amounts 
among investment funds or options, the status of the de-
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velopment and implementation of the self-directed invest-
ment window, the diversity demographics of any company, 
investment adviser, or other entity retained to invest and 
manage the assets of the Thrift Savings Fund, and such 
other information as the Board considers appropriate. A 
copy of each annual report under this subsection shall be 
made available to the public through an Internet website. 
(b) REPORTING
OF FEES
AND OTHER INFORMA-
TION.— 
(1) IN GENERAL.—The Board shall include in 
the periodic statements provided to participants 
under section 8439(c) the amount of the investment 
management fees, administrative expenses, and any 
other fees or expenses paid with respect to each in-
vestment fund and option under the Thrift Savings 
Plan. Any such statement shall also provide a state-
ment notifying participants as to how they may ac-
cess the annual report described in subsection (a), as 
well as any other information concerning the Thrift 
Savings Plan that might be useful. 
(2) USE OF ESTIMATES.—For purposes of pro-
viding the information required under this sub-
section, the Executive Director may provide a rea-
sonable and representative estimate of any fees or 
expenses described in paragraph (1) and shall indi-
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cate any such estimate as being such an estimate. 
Any such estimate shall be based on the previous 
year’s experience. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘Board’’ has the meaning given 
such term by 8401(5) of title 5, United States Code; 
(2) the term ‘‘participant’’ has the meaning 
given such term by section 8471(3) of title 5, United 
States Code; and 
(3) the term ‘‘account’’ means an account es-
tablished under section 8439 of title 5, United 
States Code. 
SEC. 106. ACKNOWLEDGEMENT OF RISK. 
(a) IN GENERAL.—Section 8439(d) of title 5, United 
States Code, is amended— 
(1) by striking the matter after ‘‘who elects to 
invest in’’ and before ‘‘shall sign an acknowledge-
ment’’ and inserting ‘‘any investment fund or option 
under this chapter, other than the Government Se-
curities Investment Fund,’’; and 
(2) by striking ‘‘either such Fund’’ and insert-
ing ‘‘any such fund or option’’. 
(b) COORDINATION WITH PROVISIONS RELATING TO 
INVESTMENTS IN THE ABSENCE OF AN ELECTION.—Sub-
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section (d) of section 8439 of title 5, United States Code 
(as amended by subsection (a)) is further amended— 
(1) by redesignating subsection (d) as sub-
section (d)(1); and 
(2) by adding at the end the following: 
‘‘(2)(A) In the case of an investment made under sec-
tion 8438(c)(2) in any fund or option to which paragraph 
(1) would otherwise apply, the participant involved shall, 
for purposes of this subsection, be deemed— 
‘‘(i) to have elected to invest in such fund or 
option; and 
‘‘(ii) to have executed the acknowledgement re-
quired under paragraph (1). 
‘‘(B)(i) The Executive Director shall prescribe regu-
lations under which written notice shall be provided to a 
participant whenever an investment is made under section 
8438(c)(2)(B) on behalf of such participant in the absence 
of an affirmative election described in section 8438(c)(1). 
‘‘(ii) The regulations shall ensure that any such no-
tice shall be provided to the participant within 7 calendar 
days after the effective date of the default election. 
‘‘(C) For purposes of this paragraph, the term ‘par-
ticipant’ has the meaning given such term by section 
8471(3).’’. 
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(c) COORDINATION WITH PROVISIONS RELATING TO 
FIDUCIARY RESPONSIBILITIES, LIABILITIES, AND PEN-
ALTIES.—Section 8477(e)(1)(C) of title 5, United States 
Code, is amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (C)(i); and 
(2) by adding at the end the following: 
‘‘(ii) A fiduciary shall not be liable under subpara-
graph (A), and no civil action may be brought against a 
fiduciary— 
‘‘(I) for providing for the automatic enrollment 
of 
a 
participant 
in 
accordance 
with 
section 
8432(b)(2)(A); 
‘‘(II) for enrolling a participant in a default in-
vestment 
fund 
in 
accordance 
with 
section 
8438(c)(2)(B); or 
‘‘(III) for allowing a participant to invest 
through the self-directed investment window or for 
establishing restrictions applicable to participants’ 
ability to invest through the self-directed investment 
window.’’. 
SEC. 107. CREDIT FOR UNUSED SICK LEAVE. 
(a) IN GENERAL.—Section 8415 of title 5, United 
States Code, is amended— 
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(1) by redesignating the second subsection (k) 
and subsection (l) as subsections (l) and (m), respec-
tively; and 
(2) in subsection (l) (as so redesignated by 
paragraph (1))— 
(A) by striking ‘‘(l) In computing’’ and in-
serting ‘‘(l)(1) In computing’’; and 
(B) by adding at the end the following: 
‘‘(2) Except as provided in paragraph (1), in com-
puting an annuity under this subchapter, the total service 
of an employee who retires on an immediate annuity or 
who dies leaving a survivor or survivors entitled to annuity 
includes the days of unused sick leave to his credit under 
a formal leave system, except that these days will not be 
counted in determining average pay or annuity eligibility 
under this subchapter. For purposes of this subsection, in 
the case of any such employee who is excepted from sub-
chapter I of chapter 63 under section 6301(2)(x)–(xiii), 
the days of unused sick leave to his credit include any un-
used sick leave standing to his credit when he was ex-
cepted from such subchapter.’’. 
(b) EXCEPTION FROM DEPOSIT REQUIREMENT.— 
Section 8422(d)(2) of title 5, United States Code, is 
amended by striking ‘‘section 8415(k)’’ and inserting 
‘‘paragraph (1) or (2) of section 8415(l)’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to annuities computed 
based on separations occurring on or after the date of en-
actment of this Act. 
TITLE 
II—COMPUTATION 
OF 
CERTAIN ANNUITIES BASED 
ON PART-TIME SERVICE 
SEC. 201. COMPUTATION OF CERTAIN ANNUITIES BASED 
ON PART-TIME SERVICE. 
Section 8339(p) of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(3) In the administration of paragraph (1)— 
‘‘(A) subparagraph (A) of such paragraph shall 
apply with respect to service performed before, on, 
or after April 7, 1986; and 
‘‘(B) subparagraph (B) of such paragraph— 
‘‘(i) shall apply with respect to that portion 
of any annuity which is attributable to service 
performed on or after April 7, 1986; and 
‘‘(ii) shall not apply with respect to that 
portion of any annuity which is attributable to 
service performed before April 7, 1986.’’. 
SEC. 202. APPLICABILITY. 
The amendment made by section 201 shall be effec-
tive with respect to any annuity, entitlement to which is 
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based on a separation from service occurring on or after 
the date of enactment of this Act. 
TITLE III—RETIREMENT CREDIT 
FOR SERVICE OF CERTAIN 
EMPLOYEES 
TRANSFERRED 
FROM DISTRICT OF COLUM-
BIA SERVICE TO FEDERAL 
SERVICE 
SEC. 301. SHORT TITLE. 
This Act may be cited as the ‘‘District of Columbia 
Court, Offender Supervision, Parole, and Public Defender 
Employees Equity Act of 2009’’. 
SEC. 302. RETIREMENT CREDIT FOR SERVICE OF CERTAIN 
EMPLOYEES TRANSFERRED FROM DISTRICT 
OF COLUMBIA SERVICE TO FEDERAL SERV-
ICE. 
(a) IN GENERAL.—Any individual who is treated as 
an employee of the Federal government for purposes of 
chapter 83 or chapter 84 of title 5, United States Code, 
on or after the date of enactment of this Act who per-
formed qualifying District of Columbia service shall be en-
titled to have such service included in calculating the indi-
vidual’s creditable service under sections 8332 or 8411 of 
title 5, United States Code, but only for purposes of the 
following provisions of such title: 
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(1) Sections 8333 and 8410 (relating to eligi-
bility for annuity). 
(2) Sections 8336 (other than subsections (d), 
(h), and (p) thereof) and 8412 (relating to imme-
diate retirement). 
(3) Sections 8338 and 8413 (relating to de-
ferred retirement). 
(4) Sections 8336(d), 8336(h), 8336(p), and 
8414 (relating to early retirement). 
(5) Section 8341 and subchapter IV of chapter 
84 (relating to survivor annuities). 
(6) Section 8337 and subchapter V of chapter 
84 (relating to disability benefits). 
(b) TREATMENT OF DETENTION OFFICER SERVICE 
AS LAW ENFORCEMENT OFFICER SERVICE.—Any portion 
of an individual’s qualifying District of Columbia service 
which consisted of service as a detention officer under sec-
tion 2604(2) of the District of Columbia Government 
Comprehensive Merit Personnel Act of 1978 (sec. 1– 
626.04(2), D.C. Official Code) shall be treated as service 
as a law enforcement officer under sections 8331(20) or 
8401(17) of title 5, United States Code, for purposes of 
applying subsection (a) with respect to the individual. 
(c) SERVICE
NOT
INCLUDED
IN
COMPUTING 
AMOUNT OF ANY ANNUITY.—Qualifying District of Co-
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lumbia service shall not be taken into account for purposes 
of computing the amount of any benefit payable out of 
the Civil Service Retirement and Disability Fund. 
SEC. 303. QUALIFYING DISTRICT OF COLUMBIA SERVICE 
DEFINED. 
In this title, ‘‘qualifying District of Columbia service’’ 
means any of the following: 
(1) Service performed by an individual as a 
nonjudicial employee of the District of Columbia 
courts— 
(A) which was performed prior to the ef-
fective date of the amendments made by section 
11246(b) of the Balanced Budget Act of 1997; 
and 
(B) for which the individual did not ever 
receive credit under the provisions of sub-
chapter III of chapter 83 or chapter 84 of title 
5, United States Code (other than by virtue of 
section 8331(1)(iv) of such title). 
(2) Service performed by an individual as an 
employee of an entity of the District of Columbia 
government whose functions were transferred to the 
Pretrial Services, Parole, Adult Supervision, and Of-
fender Supervision Trustee under section 11232 of 
the Balanced Budget Act of 1997— 
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(A) which was performed prior to the ef-
fective date of the individual’s coverage as an 
employee of the Federal Government under sec-
tion 11232(f) of such Act; and 
(B) for which the individual did not ever 
receive credit under the provisions of sub-
chapter III of chapter 83 or chapter 84 of title 
5, United States Code (other than by virtue of 
section 8331(1)(iv) of such title). 
(3) Service performed by an individual as an 
employee of the District of Columbia Public De-
fender Service— 
(A) which was performed prior to the ef-
fective date of the amendments made by section 
7(e) of the District of Columbia Courts and 
Justice Technical Corrections Act of 1998; and 
(B) for which the individual did not ever 
receive credit under the provisions of sub-
chapter III of chapter 83 or chapter 84 of title 
5, United States Code (other than by virtue of 
section 8331(1)(iv) of such title). 
(4) In the case of an individual who was an em-
ployee of the District of Columbia Department of 
Corrections who was separated from service as a re-
sult of the closing of the Lorton Correctional Com-
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plex and who was appointed to a position with the 
Bureau of Prisons, the District of Columbia courts, 
the Pretrial Services, Parole, Adult Supervision, and 
Offender Supervision Trustee, the United States Pa-
role Commission, or the District of Columbia Public 
Defender Service, service performed by the indi-
vidual as an employee of the District of Columbia 
Department of Corrections— 
(A) which was performed prior to the ef-
fective date of the individual’s coverage as an 
employee of the Federal Government; and 
(B) for which the individual did not ever 
receive credit under the provisions of sub-
chapter III of chapter 83 or chapter 84 of title 
5, United States Code (other than by virtue of 
section 8331(1)(iv) of such title). 
SEC. 304. CERTIFICATION OF SERVICE. 
The Office of Personnel Management shall accept the 
certification of the appropriate personnel official of the 
government of the District of Columbia or other inde-
pendent employing entity concerning whether an indi-
vidual performed qualifying District of Columbia service 
and the length of the period of such service the individual 
performed. 
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TITLE IV—DISTRIBUTIONS FROM 
GOVERNMENTAL 
RETIRE-
MENT PLANS FOR HEALTH 
AND LONG-TERM CARE IN-
SURANCE 
SEC. 401. DISTRIBUTIONS FROM GOVERNMENTAL RETIRE-
MENT PLANS FOR HEALTH AND LONG-TERM 
CARE 
INSURANCE 
FOR 
FEDERAL 
ANNU-
ITANTS AND MEMBERS AND FORMER MEM-
BERS OF THE ARMED FORCES OF THE 
UNITED STATES. 
(a) IN GENERAL.—Subsection (l) of section 402 of 
the Internal Revenue Code (relating to distributions from 
governmental plans for health and long-term care insur-
ance) is amended by inserting ‘‘, a Federal annuitant, or 
a member or former member of the uniformed services of 
the United States’’ after ‘‘eligible retired public safety offi-
cer’’. 
(b) DEFINITIONS.—Paragraph (4) of section 402(l) 
of such Code (relating to definitions) is amended by add-
ing at the end the following new subparagraphs: 
‘‘(E) FEDERAL
ANNUITANT.—The term 
‘Federal annuitant’ means an annuitant, as de-
fined by paragraph (3) of section 8901 of title 
5, United States Code. 
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