I 
109TH CONGRESS 
1ST SESSION H. R. 1276 
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 14, 2005 
Ms. BERKLEY (for herself and Mr. VISCLOSKY) introduced the following bill; 
which was referred to the Committee on 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,
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.’’.
(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 
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 
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). 
(d) RIGHT TO FILE ON BEHALF OF A DECEDENT.— 
The regulations under section 4(a) shall include provi-