[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4409 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4409
To allow service performed as an employee of a nonappropriated fund
instrumentality after 1965 and before 1987 to be considered creditable
for purposes of civil service retirement.
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IN THE HOUSE OF REPRESENTATIVES
May 12, 1994
Mr. Hobson (for himself and Mr. Hall of Ohio) introduced the following
bill; which was referred to the Committee on Post Office and Civil
Service
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A BILL
To allow service performed as an employee of a nonappropriated fund
instrumentality after 1965 and before 1987 to be considered creditable
for purposes of civil service retirement.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CREDITABILITY OF PRIOR SERVICE.
Subject to succeeding provisions of this Act, service performed by
an individual as an employee described in section 2105(c) of title 5,
United States Code, after December 31, 1965, and before January 1,
1987, shall be considered creditable service for purposes of subchapter
III of chapter 83 of title 5, United States Code.
SEC. 2. CONDITIONS.
(a) In General.--In order for any service described in section 1 to
be considered creditable for the purposes described in such section--
(1) the service must have been performed by an individual
who--
(A)(i) on the date of the enactment of this Act, is
an employee subject to subchapter III of chapter 83 of
title 5, United States Code; or
(ii) within 12 months before the date of the
enactment of this Act, was separated from a position in
which such individual was subject to such subchapter;
and
(B) as of the date of making application under
paragraph (2) or, if later, the date of separation on
which entitlement to annuity is based, satisfies the
requirements of section 8333 of title 5, United States
Code (disregarding any service for which credit is
sought under this Act); and
(2) written application must be submitted to the Office of
Personnel Management, by the individual who performed the
service involved, within 12 months after the date of the
enactment of this Act.
(b) Non-Creditability of Certain Service.--Section 1 shall not
result in the crediting of any period of service which was performed by
an individual while such individual was participating in a retirement
system established for employees described in section 2105(c) of title
5, United States Code.
SEC. 3. ANNUITY REDUCTION IN LIEU OF DEPOSIT.
(a) In General.--The annuity of any individual described in section
1 which is computed or recomputed as a result of this Act shall be
reduced, under regulations prescribed by the Office of Personnel
Management, by an amount determined in a manner such that the present
value of all future reductions under this section shall, to the extent
practicable, be actuarially equivalent to the present value of the
deposit which would otherwise be required under section 8339(i) of
title 5, United States Code (including interest) with respect to the
service made creditable under this Act.
(b) Limitation.--Nothing in this section shall cause an annuity to
be reduced below the amount to which such annuity would be equal if
this Act had not been enacted.
SEC. 4. PROVISIONS RELATING TO RECOMPUTATIONS.
In the case of any individual who--
(1) retired on an annuity commencing before the date of the
enactment of this Act, and
(2) performed any service which becomes creditable as a
result of the enactment of this Act,
any annuity recomputation necessitated by this Act shall be effective
with respect to payments accruing for months beginning after the date
on which application under section 2(a)(2) is received by the Office of
Personnel Management with respect to such service.
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