COVID–19 Federal Employee Reinstatement Act

Bill: 118-hr-1080
Sponsor: full_name: Rep. Gaetz, Matt [R-FL-1]
Introduced: 2023-02-17
Policy area: Government Operations and Politics
Latest action: action_date: 2023-02-17
text: Referred to the Committee on Oversight and Accountability, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Summaries:
action_date: 2023-02-17
action_desc: Introduced in House
text: <p><b>COVID-19 Federal Employee Reinstatement Act</b></p> <p>This bill requires federal agencies to reinstate or compensate former employees who separated from the agency due to COVID-19 vaccination requirements during a certain period. </p> <p>Specifically, agencies must reinstate or compensate employees who voluntarily or involuntarily separated from the agency between September 9, 2021, and January 24, 2022, due to the COVID-19 vaccination requirements of Executive Order 14043. (The executive order required all federal employees to be vaccinated against COVID-19. A federal court blocked implementation of the order on January 21, 2022. An appellate court reinstated the order on April 7, 2022.)</p> <p>Employees may choose to be reinstated to their former position (or a comparable position) or to receive a payment that is commensurate with any lost pay during this time period. Employees who subsequently obtained a new federal position are entitled to payment that is commensurate with any difference in pay, if the new position pays less than the previous position. The bill also provides for the treatment of such payments or service with respect to taxes and retirement annuities, including allowing the months in which an employee was separated from service during this time period to count as qualifying service for purposes of retirement.</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 1080 IN THE HOUSE OF REPRESENTATIVES February 17, 2023 Mr. Gaetz introduced the following bill; which was referred to the Committee on Oversight and Accountability , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the reinstatement or compensation of Federal employees forced to resign their careers between September 9, 2021, and January 24, 2022, because of the Federal COVID–19 vaccination mandate, and for other purposes.

1. Short title This Act may be cited as the COVID–19 Federal Employee Reinstatement Act . 2. Reinstatement or compensation for impacted employees (a) In general Each impacted Federal employee, other than an impacted Federal employee entitled to a payment under subsection (b), is entitled, in accordance with this Act, to select either— (1) an appointment to a position in the former employing agency of such impacted Federal employee that is the same or similar to the previous Federal position of such impacted Federal employee and payment in an amount equal to the amount that such impacted Federal employee would have been paid by such former employing agency during the period beginning on September 9, 2021, and ending on the date on which such impacted Federal employee is so appointed if such impacted Federal employee had not become an impacted Federal employee; or (2) payment in an amount equal to the amount that such impacted Federal employee would have been paid by the former employing agency during the period beginning on September 9, 2021, and ending on the date that is 180 days after the date on which the impacted Federal employee receives the notice required under section 3(a) if such impacted Federal employee had not become an impacted Federal employee. (b) Subsequent Federal employment (1) In general An impacted Federal employee that was appointed to a new Federal position is entitled to the payments described in paragraph (2). (2) Payment described The payments described in this subparagraph are— (A) a payment in an amount equal to the sum of— (i) the sum of the difference in pay between the previous Federal position of the impacted Federal employee and any new Federal positions of the impacted Federal employee for each pay period that the impacted Federal employee held such new Federal position during the period beginning on the date on which such impacted Federal employee became an impacted Federal employee and ending on the date of the enactment of this Act; and (ii) the amount that the impacted Federal employee would have been paid by the former employing agency if the impacted Federal employee had not become an impacted Federal employee for each period occurring between September 9, 2021, and the date of the enactment of this Act in which the impacted Federal employee did not hold a new Federal position; and (B) a payment equal to the sum of the differences in pay between the previous Federal position of the impacted Federal employee and any new Federal positions of the impacted Federal employee during the one-year period beginning on the date of the enactment of this Act. (3) New Federal position defined In this subsection, the term new Federal position means a position in the Federal Government— (A) to which the impacted Federal employee was appointed after becoming an impacted Federal employee; (B) that is not subject to a vaccination requirement implemented pursuant to Executive Order 14043; and (C) for which the pay is or was less than the pay of the previous Federal position of the impacted Federal employee. (c) Payment (1) In general The former employing agency of an impacted Federal employee shall begin making any payment to which such impacted Federal employee is entitled under this section not later than 90 days after the pay for each relevant position is determined in accordance with section 7. (2) Method A payment described in subsection (a) or (b) shall be paid either in one lump sum or in 12 equal, monthly payments. (3) Taxation For purposes of the Internal Revenue Code of 1986, any payment to an individual under subsection (a) or (b) shall be treated as wages paid with respect to the employment of such individual. (4) Pay limits A payment to an impacted Federal employee under this section shall be disregarding with respect to any limit on the pay of employees that is applicable to the impacted Federal employee. (d) Reinstatement impracticable If the head of the relevant employing agency determines that an appointment in accordance with subsection (a)(1) is impracticable for an impacted Federal employee not entitled to a payment under subsection (b), such impacted Federal employee shall only be entitled to select payment under subsection (a)(2). (e) Reinstatement An appointment under subsection (a)(1) to a position in the competitive service (as defined in section 2102 of title 5, United States Code) shall be made without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. 3. Notice and selection (a) Notice Not later than 90 days after the date of the enactment of this Act, the head of each Executive agency shall notify each individual that was voluntarily or involuntarily separated from such Executive employing agency during the period beginning on September 9, 2021, and ending on January 24, 2022, of the rights of impacted Federal employees under this Act. (b) Selection (1) In general An impacted Federal employee entitled to make a selection under section 2(a) must notify the former employing agency of such impacted Federal employee of his or her selection not later than 90 days after receiving the notice required by subsection (a). (2) Forfeiture An impacted Federal employee described in paragraph (1) that does not notify the former employing agency in accordance with such paragraph shall cease to be entitled to make a selection under section 2(a). (3) Agency compliance If an impacted Federal employee selects an appointment and payment under section 2(a)(1), not later than 90 days after such impacted Federal employee provides the notice in accordance with paragraph (1), the head of the former employing agency shall make the appointment described in section 2(a)(1). 4. Treatment of impacted Federal employees (a) In general Each impacted Federal employee— (1) is deemed to have been involuntarily separated without cause from the previous Federal position of such impacted Federal employee; and (2) during the five-year period beginning on the date of the enactment of this Act, shall be entitled to priority consideration for each appointment to a position in the Federal Government for which the impacted Federal employee is qualified if the impacted Federal employee has not been appointed to any other position in the Federal Government after becoming an impacted Federal employee that— (A) was not subject to a vaccination requirement pursuant to Executive Order 14043; or (B) is an equal or higher grade than the previous Federal position of such impacted Federal employee. (b) Rule of construction Nothing in this section shall be construed to override the application of veterans preferences under chapter 33 of title 5, United States Code. 5. Annuities (a) Reinstated employees (1) Annuity entitlement (A) In general An impacted Federal employee described in subparagraph (E) is deemed to have additional service equal to the number of twelfth parts of a year that is equal to the number of months that such impacted Federal employee was an impacted Federal employee prior to an appointment under section 2(a)(1), including the month in which such impacted Federal employee became an impacted Federal employee. (B) Withholdings The head of the former employing agency of an impacted Federal employee described in subparagraph (E) shall— (i) if such impacted Federal employee was subject to chapter 83 of title 5, United States Code, immediately before becoming an impacted Federal employee— (I) withhold from amounts paid to such impacted Federal employee under section 2(a)(1) an amount equal to the amount that such former employing agency would withhold under subsection (k) or (a)(1)(A) of section 8334 of title 5, United States Code, as applicable, if— (aa) the amounts paid under section 2(a)(1) were the total basic pay of such impacted Federal employee; and (bb) such impacted Federal employee was employed in the previous Federal position of such impacted Federal employee; and (II) deposit in the Treasury of the United States to the credit of the Fund amounts withheld under subclause (I) in the same manner as amounts withheld under subsection (k) or (a)(1)(A) of section 8334 of title 5, United States Code, as applicable; and (ii) if such impacted Federal employee was subject to chapter 84 of title 5, United States Code, immediately before becoming an impacted Federal employee— (I) withhold from amounts paid to such impacted Federal employee under section 2(a)(1) an amount equal to the amount that such former employing agency would withhold under section 8422(a) of title 5, United States Code, if— (aa) the amounts paid under section 2(a)(1) were the total basic pay of such impacted Federal employee; and (bb) such impacted Federal employee was employed in the previous Federal position of such impacted Federal employee; and (II) deposit in the Treasury of the United States to the credit of the Fund amounts withheld under subclause (I) in the same manner as amounts withheld under section 8422(a) of title 5, United States Code. (C) Withholdings credited Amounts withheld under— (i) subparagraph (B)(i) shall be entered on individual retirement records under section 8334(f) of title 5, United States Code; and (ii) subparagraph (B)(ii) shall be entered on individual retirement records under section 8422(d) of such title. (D) Government contributions (i) Civil service retirement annuity If the head of the former employing agency withholds amounts under subparagraph (B)(i), the head of such former employing agency shall make contributions in accordance with section 8334(a)(1)(B) of title 5, United States Code, as if the amounts withheld under subparagraph (B)(i) are retirement deductions made from the basic pay of the impacted Federal employee under subsection (k) or (a)(1)(A) of section 8334 of such title, as applicable. (ii) Federal employees’ retirement system If the head of the former employing agency withholds amounts under subparagraph (B)(ii), the head of such former employing agency shall deposit in the Treasury of the United States to the credit of the Fund an amount equal to the amount that the former employing agency would so deposit under section 8423 of title 5, United States Code, if the amounts paid under section 2(a)(1) to an impacted Federal employee described subparagraph (E) were the basic pay of such impacted Federal employee and such impacted Federal employee, at the time of such payment, was— (I) at the time of such payment, an employee of the former employer agency in the previous Federal position of such impacted Federal employee; and (II) subject to section 8422(a) of title 5, United States Code. (E) Impacted Federal employee described An impacted Federal employee described in this subparagraph is an impacted Federal employee that— (i) selects an appointment and payment under section 2(a)(1); (ii) as of the date of such selection, has not received and is not entitled to receive, and with respect to whose service no other person has received or is entitled to receive, a lump-sum payment under either chapter 83 or 84 of title 5, United States Code, other than— (I) a lump-sum payment under sections 8343a or 8420a of such title; or (II) a lump-sum payment that was received or to which the entitlement arose before the date on which such impacted Federal employee became an impacted Federal employee; and (iii) is not otherwise prohibited from receiving an annuity pursuant to section 8312, 8314, or 8315 of such title. (2) Previous lump-sum payment (A) In general At the time an impacted Federal employee described in subparagraph (G) selects an appointment and payment under section 2(a)(1), such impacted Federal employee may elect to pay to the Treasury of the United States to the credit of the Fund an amount equal to— (i) the amount paid to such impacted Federal employee under section 8342 or 8424 of title 5, United States Code, after the impacted Federal employee became an impacted Federal employee plus interest; or (ii) any portion of the amount described in clause (i) that is greater than zero. (B) Annuity rights reinstated (i) In general An impacted Federal employee that makes the election and payment under subparagraph (A)— (I) shall have restored the annuity rights of such impacted Federal employee that were voided by the receipt of, or becoming entitled to, the payment of lump-sum credit under section 8342 or 8424 of title 5, United States Code, after the impacted Federal employee became an impacted Federal employee— (aa) in full in the case of a payment in the amount described in subparagraph (A)(i); or (bb) in the case of a payment described in subparagraph (A)(ii), in equal proportion to such payment; and (II) is deemed to have additional service equal to the number of twelfth parts of a year that is equal to the number of months that such impacted Federal employee was an impacted Federal employee prior to an appointment under section 2(a)(1), including the month in which such impacted Federal employee became an impacted Federal employee. (ii) Other lump-sum payment recipients Notwithstanding any other provision of law, the restoration of the rights of an impacted Federal employee under clause (i) shall not— (I) reinstate the rights of an individual under chapter 83 or 84 of title 5, United States Code, that were voided or fulfilled by the receipt of or becoming entitled to a lump-sum payment under chapter 83 or 84 of title 5, United States Code, other than a lump-sum payment under section 8343a or 8420a of such title, after the date on which such impacted Federal employee became an impacted Federal employee that was based in full or in part on the service of such impacted Federal employee before such date; or (II) entitle an individual described in subclause (I) to any other payment or annuity under chapter 83 or 84 of such title. (C) Entitlement waiver For the purposes of subparagraph (A), the waiver of a right to the payment of a lump-sum credit under section 8342 or 8424 of title 5, United States Code, is deemed to be a payment to the Treasury of the United States to the credit of the Fund equal to the amount of such lump-sum credit. (D) Payment timing An impacted Federal employee that makes the election under subparagraph (A) must make the payment described in such subparagraph not later than one year after making such election. (E) Withholdings and contributions Subparagraphs (B), (C), and (D) of paragraph (1) shall apply with respect to an impacted Federal employee that makes the election under subparagraph (A) as if such impacted Federal employee is an impacted Federal employee described in paragraph (1)(E). (F) Decline election (i) In general With respect to an impacted Federal employee described in subparagraph (H) that declines to make the election under subparagraph (A), the head of the former employing agency of such impacted Federal employee shall withhold from amounts paid under section 2(a)(1) to such impacted Federal employee— (I) if such impacted Federal employee was subject to chapter 83 of title 5, United States Code, immediately before becoming an impacted Federal employee, an amount equal to the amount that such former employing agency would withhold under subsection (k) or (a)(1)(A) of section 8334 of such title, as applicable, if— (aa) the amounts paid under section 2(a)(1) were basic pay of such impacted Federal employee; and (bb) such impacted Federal employee was employed in the previous Federal position of such impacted Federal employee; or (II) if such impacted Federal employee was subject to chapter 84 of title 5, United States Code, immediately before becoming an impacted Federal employee, an amount equal to the amount that such former employing agency would withhold under section 8422(a) of such title if— (aa) the amounts paid under section 2(a)(1) were basic pay of such impacted Federal employee; and (bb) such impacted Federal employee was employed in the previous Federal position of such impacted Federal employee. (ii) Distribution An amount withheld under clause (i)— (I) in the case of an amount described in clause (i)(I), is deemed to be a retirement deduction made from the basic pay of the impacted Federal employee under subsection (k) or (a)(1)(A) of section 8334 of title 5, United States Code, as applicable, and shall be paid as a lump-sum credit in accordance with section 8342 of such title; and (II) in the case of an amount described in clause (i)(II), is deemed to be a retirement deduction made from the basic pay of the impacted Federal employee under section 8422(a) of such title and shall be paid as a lump-sum credit in accordance with section 8424 of such title. (G) Impacted Federal employee described An impacted Federal employee described in this subparagraph is an impacted Federal employee that— (i) selects an appointment and payment under section 2(a)(1); (ii) as of the date of such selection, has received or is entitled to receive, or with respect to whose service another person has received or is entitled to receive, a lump-sum payment under either chapter 83 or 84 of title 5, United States Code, other than— (I) a lump-sum payment under sections 8343a or 8420a of such title; or (II) a lump-sum payment that was received or to which the entitlement arose before the date on which such impacted Federal employee became an impacted Federal employee; and (iii) is not otherwise prohibited from receiving an annuity pursuant to section 8312, 8314, or 8315 of such title. (b) Non-Reinstated employees (1) Annuity entitlement (A) In general An impacted Federal employee described in subparagraph (E) is deemed to have one additional year of service. (B) Withholdings The head of the former employing agency of an impacted Federal employee described in subparagraph (E) shall— (i) if such impacted Federal employee was subject to chapter 83 of title 5, United States Code, immediately before becoming an impacted Federal employee— (I) withhold from amounts paid to such impacted Federal employee under subsection (a)(2) or (b) of section 2, as applicable, an amount equal to the amount that such former employing agency would withhold under subsection (k) or (a)(1)(A) of section 8334 of title 5, United States Code, as applicable, if— (aa) the amounts paid under subsection (a)(2) or (b) of section 2, as applicable, were the total basic pay of such impacted Federal employee; and (bb) such impacted Federal employee was employed in the previous Federal position of such impacted Federal employee; and (II) deposit in the Treasury of the United States to the credit of the Fund amounts withheld under subclause (I) in the same manner as amounts withheld under subsection (k) or (a)(1)(A) of section 8334 of title 5, United States Code, as applicable; and (ii) if such impacted Federal employee was subject to chapter 84 of title 5, United States Code, immediately before becoming an impacted Federal employee— (I) withhold from amounts paid to such impacted Federal employee under subsection (a)(2) or (b) of section 2, as applicable, an amount equal to the amount that such former employing agency would withhold under section 8422(a) of title 5, United States Code, if— (aa) the amounts paid under subsection (a)(2) or (b) of section 2, as applicable, were the total basic pay of such impacted Federal employee; and (bb) such impacted Federal employee was employed in the previous Federal position of such impacted Federal employee; and (II) deposit in the Treasury of the United States to the credit of the Fund amounts withheld under subclause (I) in the same manner as amounts withheld under section 8422(a) of title 5, United States Code. (C) Withholdings credited Amounts withheld under— (i) subparagraph (B)(i) shall be entered on individual retirement records under section 8334(f) of title 5, United States Code; and (ii) subparagraph (B)(ii) shall be entered on individual retirement records under section 8422(d) of such title. (D) Government contributions (i) Civil service retirement annuity If the head of the former employing agency withholds amounts under subparagraph (B)(i), the head of such former employing agency shall make contributions in accordance with section 8334(a)(1)(B) of title 5, United States Code, as if the amounts withheld under subparagraph (B)(i) are retirement deductions made from the basic pay of the impacted Federal employee under subsection (k) or (a)(1)(A) of section 8334 of title 5, United States Code, as applicable. (ii) Federal employees’ retirement system If the head of the former employing agency withholds amounts under subparagraph (B)(ii), the head of such former employing agency shall deposit in the Treasury of the United States to the credit of the Fund an amount equal to the amount that the former employing agency would so deposit under section 8423 of title 5, United States Code, if the amounts paid under subsection (a)(2) or (b) of section 2, as applicable, to an impacted Federal employee described subparagraph (E) were the basic pay of such impacted Federal employee and such impacted Federal employee, at the time of such payment, was— (I) at the time of such payment, an employee of the former employer agency in the previous Federal position of such impacted Federal employee; and (II) subject to section 8422(a) of title 5, United States Code. (E) Impacted Federal employee described An impacted Federal employee described in this subparagraph is an impacted Federal employee that— (i) selects payment under section 2(a)(2) or is entitled to payment under section 2(b); (ii) as of the date of the enactment of this Act, has not received and is not entitled to receive, and with respect to whose service no other person has received or is entitled to receive, a lump-sum payment under either chapter 83 or 84 of title 5, United States Code, other than— (I) a lump-sum payment under sections 8343a or 8420a of such title; or (II) a lump-sum payment that was received or to which the entitlement arose before the date on which such impacted Federal employee became an impacted Federal employee; and (iii) is not otherwise prohibited from receiving an annuity pursuant to section 8312, 8314, or 8315 of such title. (2) Lump-sum credit recipients (A) Lump-sum distribution (i) In general The head of the former employing agency of an impacted Federal employee described in clause (iii) shall withhold from amounts paid to such impacted Federal employee under subsection (a)(2) or (b) of section 2, as applicable— (I) if the impacted Federal employee was subject to chapter 83 of title 5, United States Code, immediately before becoming an impacted Federal employee, an amount equal to the amount that such former employing agency would withhold under subsection (k) or (a)(1)(A) of section 8334 of such title, as applicable, if— (aa) the amounts paid under subsection (a)(2) or (b) of section 2, as applicable, were the total basic pay of such impacted Federal employee; and (bb) such impacted Federal employee was employed in the previous Federal position of such impacted Federal employee; or (II) if the impacted Federal employee was subject to chapter 84 of title 5, United States Code, immediately before becoming an impacted Federal employee, an amount equal to the amount that such former employing agency would withhold under section 8422(a) of such title if— (aa) the amounts paid under subsection (a)(2) or (b) of section 2, as applicable, were the total basic pay of such impacted Federal employee; and (bb) such impacted Federal employee was employed in the previous Federal position of such impacted Federal employee. (ii) Distribution An amount withheld under clause (i)— (I) in the case of an amount described in clause (i)(I), is deemed to be a retirement deduction made from the basic pay of the impacted Federal employee under subsection (k) or (a)(1)(A) of section 8334 of title 5, United States Code, as applicable, and shall be paid as a lump-sum credit in accordance with section 8342 of such title; and (II) in the case of an amount described in clause (i)(II), is deemed to be a retirement deduction made from the basic pay of the impacted Federal employee under section 8422(a) of such title and shall be paid as a lump-sum credit in accordance with section 8424 of such title. (iii) Impacted Federal employee described An impacted Federal employee described in this clause is an impacted Federal employee that— (I) selects payment under section 2(a)(2) or is entitled to payment under section 2(b); (II) as of the date of such selection or becoming so entitled, has received or is entitled to receive, or with respect to whose service another person has received or is entitled to receive, a lump-sum payment under either chapter 83 or 84 of title 5, United States Code, other than— (aa) a lump-sum payment under sections 8343a or 8420a of such title; or (bb) a lump-sum payment that was received or to which the entitlement arose before the date on which such impacted Federal employee became an impacted Federal employee; (III) is not entitled to an annuity under either such chapter; and (IV) as of the date of the enactment of this Act, does not hold a position subjecting such impacted Federal employee to either such chapter. (B) Buyback (i) In general At the time an impacted Federal employee described in clause (vi) selects a payment under section 2(a)(2) or, in the case of a payment under section 2(b), not later than 90 days after the impacted Federal employee is notified of the payment under section 3, such impacted Federal employee may elect to pay to the Treasury of the United States to the credit of the Fund an amount equal to— (I) the amount paid to such impacted Federal employee under section 8342 or 8424 of title 5, United States Code, after the impacted Federal employee became an impacted Federal employee plus interest; or (II) any portion of the amount described in clause (i) that is greater than zero. (ii) Annuity rights reinstated (I) In general An impacted Federal employee that makes the election and payment under clause (i)— (aa) shall have restored the annuity rights of such impacted Federal employee that were voided by the receipt of, or becoming entitled to, the payment of a lump-sum credit under section 8342 or 8424 of title 5, United States Code, after such impacted Federal employee became an impacted Federal employee— (AA) in full in the case of a payment in the amount described in clause (i)(I); or (BB) in the case of a payment described in clause (i)(II), in equal proportion to such payment; and (bb) is deemed to have one additional year of service. (II) Other lump-sum payment recipients Notwithstanding any other provision of law, the restoration of the rights of an impacted Federal employee under subclause (I) shall not— (aa) reinstate the rights of an individual under chapter 83 or 84 of title 5, United States Code, that were voided or fulfilled by the receipt of or becoming entitled to a lump-sum payment under chapter 83 or 84 of title 5, United States Code, other than a lump-sum payment under section 8343a or 8420a of such title, after the date on which such impacted Federal employee became an impacted Federal employee that was based in full or in part on the service of such impacted Federal employee before such date; or (bb) entitle an individual described in item (aa) to any other payment or annuity under chapter 83 or 84 of such title. (iii) Entitlement waiver For the purposes of clause (i), the waiver of a right to the payment of a lump-sum credit under section 8342 or 8424 of title 5, United States Code, is deemed to be a payment to the Treasury of the United States to the credit of the Fund equal to the amount of such lump-sum credit. (iv) Withholdings and Government contributions Subparagraphs (B), (C), and (D) of paragraph (1) shall apply with respect to an impacted Federal employee who makes the election described in clause (i) as if such impacted Federal employee is an impacted Federal employee described in paragraph (1)(E). (v) Payment timing An impacted Federal employee that makes the election under clause (i) must make the payment described in such clause not later than one year after making such election. (vi) Impacted Federal employee described An impacted Federal employee described in this clause is an impacted Federal employee that— (I) selects payment under section 2(a)(2) or is entitled to payment under section 2(b); (II) as of the date of such selection, has received or is entitled to receive, or with respect to whose service another person has received or is entitled to receive, a lump-sum payment under either chapter 83 or 84 of title 5, United States Code, other than— (aa) a lump-sum payment under sections 8343a or 8420a of such title; or (bb) a lump-sum payment that was received or to which the entitlement arose before the date on which such impacted Federal employee became an impacted Federal employee; (III) is not otherwise prohibited from receiving an annuity pursuant to section 8312, 8314, or 8315 of such title; and (IV) as of the date of the enactment of this Act, holds a position subjecting such impacted Federal employee to either chapter 83 or 84 of title 5, United States Code. (c) Payment and withholdings treatment (1) Timing and treatment (A) In general Except as provided in subparagraph (B), for purposes of chapters 83 and 84 of title 5, United States Code, with respect to an impacted Federal employee described in paragraph (2), amounts paid to such impacted Federal employee under section 2(a) shall be deemed to be the basic pay of such impacted Federal employee that was earned by such impacted Federal employee at the time that such impacted Federal employee would have earned such portion if such employee had not been separated from the former employing agency based on a vaccination requirement implemented at such former employing agency pursuant to Executive Order 14043. (B) Concurrent Federal employment exclusion Any portion of an amount paid to an impacted Federal employee under section 2 that is deemed under subparagraph (A) to have been earned by such impacted Federal employee at a time during which such impacted Federal employee held a position subjecting such impacted Federal employee to either chapter 83 or 84 of title 5, United States Code, and any amounts paid under section 2(b) to an impacted Federal employee while such impacted Federal employee holds such a position shall not be deemed to be basic pay of the impacted Federal employee for the purposes of calculating the average pay of the impacted Federal employee under either such chapter. (C) Average pay defined For the purposes of this paragraph, the term average pay — (i) with respect to chapter 83 of title 5, United States Code, has the meaning given such term under section 8331 of such title; and (ii) with respect to chapter 84 of such title, has the meaning given such term under section 8401 of such title. (2) Impacted Federal employees described An impacted Federal employee described in this paragraph is an impacted Federal employee— (A) (i) that makes the selection described in section 2(a)(1); and (ii) is either— (I) deemed to have additional service under subsection (a)(1); or (II) makes the election described in subsection (a)(2)(A); (B) (i) that makes the selection described in section 2(a)(2); and (ii) is either— (I) deemed to have additional service under subsection (b)(1); or (II) employed in a position subjecting such impacted Federal employee to either chapter 83 or 84 of title 5, United States Code, and makes the election described in paragraph (b)(2)(B)(i); (C) with respect to whose service another individual— (i) is entitled to an annuity under chapter 83 or 84 of title 5, United States Code; or (ii) received or is entitled to receive a lump-sum payment under either such chapter. (d) Definitions In this section— (1) Fund The term Fund means the Civil Service Retirement and Disability Fund under section 8348 of title 5, United States Code. (2) Lump-sum credit; service The terms lump-sum credit and service — (A) with respect to chapter 83 of title 5, United States Code, have the meanings given such terms under section 8331 of such title; and (B) with respect to chapter 84 of such title, have the meanings given such terms under section 8401 of such title. 6. Deceased employees (a) In general An impacted Federal employee entitled to make a selection under section 2(a) that is deceased prior to making such selection is deemed to have made the selection described in section 2(a)(2). (b) Payment (1) Distribution The payment to which a deceased impacted Federal employee is entitled under subsection (b) or subsection (a)(2) of section 2, less any amounts withheld under section 5(b) pursuant to subsection (c), shall be made to the person or persons surviving such impacted Federal employee and alive as of the date such impacted Federal employee becomes entitled to such payment in the following order of precedence: (A) First, to the beneficiary or beneficiaries designated by the impacted Federal employee in a signed and witnessed writing executed and filed with the Office of Personnel Management before the death of such impacted Federal employee, except that a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect. (B) Second, if there is no designated beneficiary, to the widow or widower of the impacted Federal employee. (C) Third, if none of the above, to the child or children of the impacted Federal employee and descendants of deceased children by representation. (D) Fourth, if none of the above, to the parents of the impacted Federal employee or the survivor of such parents. (E) Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the impacted Federal employee. (F) Sixth, if none of the above, to such other next of kin of the impacted Federal employee as the Director of the Office of Personnel Management determines to be entitled under the laws of the domicile of the impacted Federal employee at the date of his death. (2) Child defined In this paragraph, the term child includes a natural child and an adopted child, but does not include a stepchild. (c) Annuities (1) Lump-sum payments If any individual other than a deceased impacted Federal employee received a lump-sum payment under chapter 83 or 84 of title 5, United States Code, other than a lump-sum payment under section 8343a or 8420a of such title, after the date on which such impacted Federal employee became an impacted Federal employee and such lump-sum payment was based in full or in part on the service of such deceased impacted Federal employee before such date, such impacted Federal employee is deemed to be an impacted Federal employee described in section 5(b)(2)(A)(iii) and to have been subject to the chapter of title 5 under which such lump-sum payment was made. (2) Annuity payments If any individual other than a deceased impacted Federal employee became entitled to an annuity under chapter 83 or 84 of title 5, United States Code, after the date on which such impacted Federal employee became an impacted Federal employee and such entitlement was based in full or in part on the service of such deceased impacted Federal employee before such date, such impacted Federal employee is deemed to be an impacted Federal employee described in section 5(b)(1)(E) and to have been subject to the chapter of title 5 under which such individual is entitled to the annuity. 7. Pay determination (a) In general For the purposes of this Act, the Director of the Office of Personnel Management shall determine the pay for a position held by an impacted Federal employee based on such evidence of the pay of such position as the impacted Federal employee may provide, or if the Director determines sufficient evidence has not been so provided to adequately determine the pay for such position, the pay shall be determined by the Director based on such other information as the Director determines appropriate. (b) Employee information An impacted Federal employee may provide evidence of the pay of a position to the Director of the Office of Personnel Management under subsection (a) until the earlier of— (1) the date that is six months after the date on which such impacted Federal employee received the notice described in section 3(a); or (2) the date on which the Director determines the pay for such positions for the purposes of this Act. (c) Information sharing The head of each Executive agency shall provide to the Director of the Office of Personnel Management such information as the Director may require to carry out this Act. 8. Regulatory authority The Director of the Office of Personnel Management shall implement such regulations as are necessary to carry out this Act, including such regulations as are necessary to ensure that, to the extent practicable and notwithstanding any other provision of law, an impacted Federal employee that is covered in part or in whole by a retirement system established for employees of the Government other than those under chapter 83 or 84 of title 5, United States Code, has the same rights and benefits under such other retirement system as those provided by sections 4, 5, and 6 of this Act to an impacted Federal employee covered in whole by a retirement system under chapter 83 or 84 of such title with respect to the applicable retirement system under such chapter 83 or 84. 9. Statement of impacted Federal employee status (a) In general Not later 90 days after the date on which an impacted Federal employee receives a notice under section 3(a), the impacted Federal employee shall submit to the Director of the Office of Personnel Management and to the head of the former employing agency of such impacted Federal employee a written statement signed by such impacted Federal employee stating that such impacted Federal employee was voluntarily or involuntarily separated from service in an Executive agency during the period beginning on September 9, 2021, and ending on January 24, 2022, based on a vaccination requirement implemented at such Executive agency pursuant to Executive Order 14043. (b) Exclusion from benefits An impacted Federal employee that does not submit the statement required under subsection (a) in accordance with such subsection shall not be entitled to any payment, appointment, or other benefit under this Act based on the status of such impacted Federal employee as an impacted Federal employee, and any amounts paid to such impacted Federal employee under section 2 or 4 or to any other person under section 6 with respect to such impacted Federal employee must be repaid to the Government. (c) Deceased employees This section does not apply with respect to an impacted Federal employee that is deceased prior to the date that is 90 days after the date on which such impacted Federal employee receives a notice under section 3(a). 10. Definitions In this Act: (1) Civil Service Retirement and Disability Fund The term Civil Service Retirement and Disability Fund means the Civil Service Retirement and Disability Fund established under section 8348 of title 5, United States Code. (2) Executive agency The term Executive agency has the meaning given such term in section 105 of title 5, United States Code, except that such term does not include the Government Accountability Office. (3) Employee The term employee has the meaning given such term in section 2105 of title 5, United States Code, including an employee paid from nonappropriated funds. (4) Executive Order 14043 The term Executive Order 14043 means Executive Order 14043 (86 Fed. Reg. 50989; relating to requiring COVID–19 vaccinations for Federal Employees). (5) Former employing agency With respect to an impacted Federal employee, the term former employing agency means the Executive agency from which the separation of such individual made such individual an impacted Federal employee. (6) Impacted Federal employee The term impacted Federal employee means an individual who was voluntarily or involuntarily separated from service in an Executive agency during the period beginning on September 9, 2021, and ending on January 24, 2022, based on a vaccination requirement implemented at such Executive agency pursuant to Executive Order 14043. (7) Previous Federal position The term previous Federal position means the position in the Federal Government held by the impacted Federal employee in the former employing agency immediately before becoming an impacted Federal employee.