IIB
106TH CONGRESS
1ST SESSION
H. R. 807
IN THE SENATE OF THE UNITED STATES
MARCH 17, 1999
Received; read twice and referred to the Committee on Governmental Affairs
AN ACT
To amend title 5, United States Code, to provide portability
of service credit for persons who leave employment with
the Federal Reserve Board to take positions with other
Government agencies, and for other purposes.
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. SHORT TITLE.
This Act may be cited as the ‘‘Federal Reserve Board
Retirement Portability Act’’.
SEC. 2. PORTABILITY OF SERVICE CREDIT.
(a) CREDITABLE SERVICE.—
(1) IN GENERAL.—Section 8411(b) of title 5,
United States Code, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) in paragraph (4)—
(i) by striking ‘‘of the preceding provi-
sions’’ and inserting ‘‘other paragraph’’;
and
(ii) by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) a period of service (other than any service
under any other paragraph of this subsection, any
military service, and any service performed in the
employ of a Federal Reserve Bank) that was cred-
itable under the Bank Plan (as defined in subsection
(i)), if the employee waives credit for such service
under the Bank Plan and makes a payment to the
Fund equal to the amount that would have been de-
ducted from pay under section 8422(a) had the em-
ployee been subject to this chapter during such pe-
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riod of service (together with interest on such
amount computed under paragraphs (2) and (3) of
section 8334(e)).
Paragraph (5) shall not apply in the case of any employee
as to whom subsection (g) (or, to the extent subchapter
III of chapter 83 is involved, section 8332(n)) otherwise
applies.’’.
(2) BANK
PLAN
DEFINED.—Section 8411 of
title 5, United States Code, is amended by adding
at the end the following:
‘‘(i) For purposes of subsection (b)(5), the term
‘Bank Plan’ means the benefit structure in which employ-
ees of the Board of Governors of the Federal Reserve Sys-
tem appointed on or after January 1, 1984, participate,
which benefit structure is a component of the Retirement
Plan for Employees of the Federal Reserve System, estab-
lished under section 10 of the Federal Reserve Act (and
any redesignated or successor version of such benefit
structure, if so identified in writing by the Board of Gov-
ernors of the Federal Reserve System for purposes of this
chapter).’’.
(b) EXCLUSION FROM CHAPTER 84.—
(1) IN
GENERAL.—Paragraph (2) of section
8402(b) of title 5, United States Code, is amended
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by striking the matter before subparagraph (B) and
inserting the following:
‘‘(2)(A) any employee or Member who has sepa-
rated from the service after—
‘‘(i) having been subject to—
‘‘(I) subchapter III of chapter 83
of this title;
‘‘(II) subchapter I of chapter 8 of
title I of the Foreign Service Act of
1980; or
‘‘(III) the benefit structure for
employees of the Board of Governors
of the Federal Reserve System ap-
pointed before January 1, 1984, that
is a component of the Retirement
Plan for Employees of the Federal
Reserve System, established under
section 10 of the Federal Reserve Act;
and
‘‘(ii) having completed—
‘‘(I) at least 5 years of civilian
service creditable under subchapter
III of chapter 83 of this title;
‘‘(II) at least 5 years of civilian
service creditable under subchapter I
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of chapter 8 of title I of the Foreign
Service Act of 1980; or
‘‘(III) at least 5 years of civilian
service (other than any service per-
formed in the employ of a Federal Re-
serve Bank) creditable under the ben-
efit structure for employees of the
Board of Governors of the Federal
Reserve System appointed before Jan-
uary 1, 1984, that is a component of
the Retirement Plan for Employees of
the Federal Reserve System, estab-
lished under section 10 of the Federal
Reserve Act,
determined without regard to any deposit
or redeposit requirement under either such
subchapter or under such benefit structure,
or any requirement that the individual be-
come subject to either such subchapter or
to such benefit structure after performing
the service involved; or’’.
(2) EXCEPTION.—Subsection (d) of section
8402 of title 5, United States Code, is amended to
read as follows:
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‘‘(d) Paragraph (2) of subsection (b) shall not apply
to an individual who—
‘‘(1) becomes subject to—
‘‘(A) subchapter II of chapter 8 of title I
of the Foreign Service Act of 1980 (relating to
the Foreign Service Pension System) pursuant
to an election; or
‘‘(B) the benefit structure in which em-
ployees of the Board of Governors of the Fed-
eral Reserve System appointed on or after Jan-
uary 1, 1984, participate, which benefit struc-
ture is a component of the Retirement Plan for
Employees of the Federal Reserve System, es-
tablished under section 10 of the Federal Re-
serve Act (and any redesignated or successor
version of such benefit structure, if so identified
in writing by the Board of Governors of the
Federal Reserve System for purposes of this
chapter); and
‘‘(2) subsequently enters a position in which,
but for paragraph (2) of subsection (b), such indi-
vidual would be subject to this chapter.’’.
(c) PROVISIONS RELATING
TO CERTAIN FORMER
EMPLOYEES.—A former employee of the Board of Gov-
ernors of the Federal Reserve System who—
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(1) has at least 5 years of civilian service (other
than any service performed in the employ of a Fed-
eral Reserve Bank) creditable under the benefit
structure for employees of the Board of Governors
of the Federal Reserve System appointed before
January 1, 1984, that is a component of the Retire-
ment Plan for Employees of the Federal Reserve
System, established under section 10 of the Federal
Reserve Act;
(2) was subsequently employed subject to the
benefit structure in which employees of the Board of
Governors of the Federal Reserve System appointed
on or after January 1, 1984, participate, which ben-
efit structure is a component of the Retirement Plan
for Employees of the Federal Reserve System, estab-
lished under section 10 of the Federal Reserve Act
(and any redesignated or successor version of such
benefit structure, if so identified in writing by the
Board of Governors of the Federal Reserve System
for purposes of chapter 84 of title 5, United States
Code); and
(3) after service described in paragraph (2), be-
comes subject to and thereafter entitled to benefits
under chapter 84 of title 5, United States Code,
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shall, for purposes of section 302 of the Federal Employ-
ees’ Retirement System Act of 1986 (100 Stat. 601; 5
U.S.C. 8331 note) be considered to have become subject
to chapter 84 of title 5, United States Code, pursuant to
an election under section 301 of such Act.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—Subject to succeeding provi-
sions of this subsection, this section and the amend-
ments made by this section shall take effect on the
date of enactment of this Act.
(2) PROVISIONS RELATING TO CREDITABILITY
AND
CERTAIN
FORMER
EMPLOYEES.—The amend-
ments made by subsection (a) and the provisions of
subsection (c) shall apply only to individuals who
separate from service subject to chapter 84 of title
5, United States Code, on or after the date of enact-
ment of this Act.
(3) PROVISIONS
RELATING
TO
EXCLUSION
FROM CHAPTER.—The amendments made by sub-
section (b) shall not apply to any former employee
of the Board of Governors of the Federal Reserve
System who, subsequent to his or her last period of
service as an employee of the Board of Governors of
the Federal Reserve System and prior to the date of
enactment of this Act, became subject to subchapter
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III of chapter 83 or chapter 84 of title 5, United
States Code, under the law in effect at the time of
the individual’s appointment.
SEC. 3. CERTAIN TRANSFERS TO BE TREATED AS A SEPA-
RATION FROM SERVICE FOR PURPOSES OF
THE THRIFT SAVINGS PLAN.
(a) AMENDMENTS
TO CHAPTER 84 OF TITLE 5,
UNITED STATES CODE.—
(1) IN GENERAL.—Subchapter III of chapter
84 of title 5, United States Code, is amended by in-
serting before section 8432 the following:
‘‘§ 8431. Certain transfers to be treated as a separa-
tion
‘‘(a) For purposes of this subchapter, separation
from Government employment includes a transfer from a
position that is subject to one of the retirement systems
described in subsection (b) to a position that is not subject
to any of them.
‘‘(b) The retirement systems described in this sub-
section are—
‘‘(1) the retirement system under this chapter;
‘‘(2) the retirement system under subchapter
III of chapter 83; and
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‘‘(3) any other retirement system under which
individuals may contribute to the Thrift Savings
Fund through withholdings from pay.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 84 of title 5, United States Code,
is amended by inserting before the item relating to
section 8432 the following:
‘‘8431. Certain transfers to be treated as a separation.’’.
(b) CONFORMING AMENDMENTS.—Subsection (b) of
section 8351 of title 5, United States Code, is amended
by redesignating paragraph (11) as paragraph (8), and
by adding at the end the following:
‘‘(9) For the purpose of this section, separation
from Government employment includes a transfer
described in section 8431.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to transfers occurring
before, on, or after the date of enactment of this Act, ex-
cept that, for purposes of applying such amendments with
respect to any transfer occurring before such date of en-
actment, the date of such transfer shall be considered to
be the date of enactment of this Act. The Executive Direc-
tor (within the meaning of section 8401(13) of title 5,
United States Code) may prescribe any regulations nec-
essary to carry out this subsection.