I 
110TH CONGRESS 
1ST SESSION H. R. 1271 
To amend title 5, United States Code, to make creditable for civil service 
retirement purposes certain periods of service performed with Air Amer-
ica, Incorporated, Air Asia Company Limited, or the Pacific Division 
of Southern Air Transport, Incorporated, while those entities were owned 
or controlled by the Government of the United States and operated 
or managed by the Central Intelligence Agency. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2007 
Ms. BERKLEY introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
A BILL 
To amend title 5, United States Code, to make creditable 
for civil service retirement purposes certain periods of 
service performed with Air America, Incorporated, Air 
Asia Company Limited, or the Pacific Division of South-
ern Air Transport, Incorporated, while those entities 
were owned or controlled by the Government of the 
United States and operated or managed by the Central 
Intelligence Agency. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. AMENDMENTS. 
(a) IN GENERAL.—Section 8332(b) of title 5, United 
States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(16); 
(2) by striking the period at the end of para-
graph (17) and inserting ‘‘; and’’; 
(3) by adding after paragraph (17) the fol-
lowing: 
‘‘(18) any period of service performed before 
1977, while a citizen of the United States, in the 
employ of Air America, Incorporated, Air Asia Com-
pany Limited (a subsidiary of Air America, Incor-
porated), or the Pacific Division of Southern Air 
Transport, Incorporated, at a time when that cor-
poration (or subsidiary) was owned or controlled by 
the Government of the United States and operated 
or managed by the Central Intelligence Agency.’’; 
and 
(4) by adding at the end the following: ‘‘For 
purposes of this subchapter, service of the type de-
scribed in paragraph (18) of this subsection shall be 
considered to have been service as an employee, and 
the Office of Personnel Management shall accept the 
certification of the Director of Central Intelligence 
or his designee concerning any such service.’’. 
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(b) EXEMPTION FROM DEPOSIT REQUIREMENT.— 
Section 8334(g) of title 5, United States Code, is amend-
ed— 
(1) by striking ‘‘or’’ at the end of paragraph 
(5); 
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; or’’; and 
(3) by adding after paragraph (6) the following: 
‘‘(7) any service for which credit is allowed 
under section 8332(b)(18) of this title.’’. 
SEC. 2. APPLICABILITY. 
(a) IN GENERAL.—Except as otherwise provided in 
this section, the amendments made by this Act shall apply 
with respect to annuities commencing on or after the effec-
tive date of this Act. 
(b) PROVISIONS RELATING
TO CURRENT ANNU-
ITANTS.—Any individual who is entitled to an annuity for 
the month in which this Act becomes effective may, upon 
application submitted to the Office of Personnel Manage-
ment within 2 years after the effective date of this Act, 
have the amount of such annuity recomputed as if the 
amendments made by this Act had been in effect through-
out all periods of service on the basis of which such annu-
ity is or may be based. Any such recomputation shall be 
effective as of the commencement date of the annuity, and 
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any additional amounts becoming payable for periods be-
fore the first month for which the recomputation is re-
flected in the individual’s regular monthly annuity pay-
ments shall be payable to such individual in the form of 
a lump-sum payment. 
(c) PROVISIONS RELATING TO INDIVIDUALS ELIGI-
BLE FOR (BUT NOT CURRENTLY RECEIVING) AN ANNU-
ITY.— 
(1) IN
GENERAL.—Any individual (not de-
scribed in subsection (b)) who becomes eligible for 
an annuity or for an increased annuity as a result 
of the enactment of this Act may elect to have such 
individual’s rights under subchapter III of chapter 
83 of title 5, United States Code, determined as if 
the amendments made by this Act had been in ef-
fect, throughout all periods of service on the basis 
of which such annuity is or would be based, by sub-
mitting an appropriate application to the Office of 
Personnel Management within 2 years after— 
(A) the effective date of this Act; or 
(B) if later, the date on which such indi-
vidual separates from service. 
(2) COMMENCEMENT DATE, ETC.— 
(A) IN GENERAL.—Any entitlement to an 
annuity or to an increased annuity resulting 
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from an application under paragraph (1) shall 
be effective as of the commencement date of 
such annuity (subject to subparagraph (B), if 
applicable), and any amounts becoming payable 
for periods before the first month for which reg-
ular monthly annuity payments begin to be 
made in accordance with the amendments made 
by this Act shall be payable to such individual 
in the form of a lump-sum payment. 
(B) RETROACTIVITY.—Any determination 
of the amount or of the commencement date of 
any annuity, all the requirements for entitle-
ment to which (including separation, but dis-
regarding any application requirement) would 
have been satisfied before the effective date of 
this Act if this Act had then been in effect (but 
would not then otherwise have been satisfied 
absent this Act) shall be made as if application 
for such annuity had been submitted as of the 
earliest date that would have been allowable, 
after such individual’s separation from service, 
if such amendments had been in effect through-
out the periods of service referred to in the first 
sentence of paragraph (1). 
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(d) RIGHT TO FILE ON BEHALF OF A DECEDENT.— 
The regulations under section 4(a) shall include provi-
sions, consistent with the order of precedence set forth in 
section 8342(c) of title 5, United States Code, under 
which a survivor of an individual who performed service 
described in section 8332(b)(18) of such title (as amended 
by section 1) shall be allowed to submit an application on 
behalf of and to receive any lump-sum payment that would 
otherwise have been payable to the decedent under sub-
section (b) or (c). Such an application shall not be valid 
unless it is filed within 2 years after the effective date 
of this Act or 1 year after the date of the decedent’s death, 
whichever is later. 
SEC. 3. FUNDING. 
(a) LUMP-SUM PAYMENTS.—Any lump-sum pay-
ments under section 2 shall be payable out of the Civil 
Service Retirement and Disability Fund. 
(b) UNFUNDED LIABILITY.—Any increase in the un-
funded liability of the Civil Service Retirement System at-
tributable to the enactment of this Act shall be financed 
in accordance with section 8348(f) of title 5, United States 
Code. 
SEC. 4. REGULATIONS AND SPECIAL RULE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Director of the Office of Personnel Management, 
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in consultation with the Director of Central Intelligence, 
shall prescribe any regulations necessary to carry out this 
Act. Such regulations shall include provisions under which 
rules similar to those established pursuant to section 201 
of the Federal Employees’ Retirement System Act of 1986 
shall be applied with respect to any service described in 
section 8332(b)(18) of title 5, United States Code (as 
amended by section 1) that was subject to title II of the 
Social Security Act. 
(b) OTHER REGULATIONS.—The Director of Central 
Intelligence, in consultation with the Director of the Office 
of Personnel Management, shall prescribe any regulations 
which may become necessary, with respect to any retire-
ment system administered by the Director of Central In-
telligence, as a result of the enactment of this Act. 
(c) SPECIAL RULE.—For purposes of any application 
for any benefit which is computed or recomputed taking 
into account any service described in section 8332(b)(18) 
of title 5, United States Code (as amended by section 1), 
section 8345(i)(2) of such title shall be applied by deeming 
the reference to the date of the ‘‘other event which gives 
rise to title to the benefit’’ to refer to the effective date 
of this Act, if later than the date of the event that would 
otherwise apply. 
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SEC. 5. DEFINITIONS. 
For purposes of this Act— 
(1) the terms ‘‘unfunded liability’’, ‘‘survivor’’, 
and ‘‘survivor annuitant’’ have the meanings given 
to them by section 8331 of title 5, United States 
Code; and 
(2) the term ‘‘annuity’’, as used in subsections 
(b) and (c) of section 2, includes a survivor annuity. 
SEC. 6. EFFECTIVE DATE. 
This Act shall take effect on the first day of the first 
fiscal year beginning after the date of the enactment of 
this Act. 
Æ 
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