S.Amdt. 1383Senate109th Congress (2005-2007)

To establish a program for the management of post-project completion retirement benefits for employees at Department of Energy project completion sites.

What it does: Adds SEC. 3114. MANAGEMENT OF POST-PROJECT COMPLETION RETIREMENT BENEFITS FOR EMPLOYEES AT DEPARTMENT OF ENERGY PROJECT COMPLETION SITES on page 378, between lines 10 and 11
Submitted July 21, 2005

What it changes

1 change to S. 1042

Adds a section
  1. Adds SEC. 3114. MANAGEMENT OF POST-PROJECT COMPLETION RETIREMENT BENEFITS FOR EMPLOYEES AT DEPARTMENT OF ENERGY PROJECT COMPLETION SITES on page 378, between lines 10 and 11

    Adds a sectionPrinted page

    Inserted: SEC. 3114. MANAGEMENT OF POST-PROJECT COMPLETION RETIREMENT BENEFITS FOR EMPLOYEES AT DEPARTMENT OF ENERGY PROJECT COMPLETION SITES.

    Inserted: (a) Program Authorized.--

    Inserted: (1) In general.--The Secretary of Energy shall carry out a program under which the Secretary shall use competitive procedures to enter into an agreement with a contractor for the plan sponsorship and program management of post-project completion retirement benefits for eligible employees at each Department of Energy project completion site.

    Inserted: (2) Requirement of no reduction in total value of retirement benefits.--The total value of post-project completion retirement benefits provided to eligible employees at a Department of Energy project completion site may not be reduced under the program required under paragraph (1) without the specific authorization of Congress.

    Inserted: (b) Agreement for Benefits Management.--

    Inserted: (1) In general.--The Secretary of Energy shall, in accordance with procurement rules and regulations applicable to the Department of Energy, enter into the agreement described in subsection (a) not later than 90 days after the date of the physical completion date for the Department of Energy project completion site covered by the agreement.

    Inserted: (2) Terms of agreement.--The agreement under this section shall--

    Inserted: (A) provide for the plan sponsorship and program management of post-project completion retirement benefits;

    Inserted: (B) fully describe the post-project completion retirement benefits to be provided to employees at the Department of Energy project completion site; and

    Inserted: (C) require that the Secretary reimburse the contractor for the costs of plan sponsorship and program management of post-project completion retirement benefits.

    Inserted: (3) Renewal of agreement.--The agreement shall be subject to renewal every 5 years until all the benefit obligations have been met.

    Inserted: (c) Report.--

    Show 19 more inserted paragraphs

    Inserted: (1) In general.--Not later than 30 days after signing of the agreement described in subsection (a), the Secretary of Energy shall submit to the congressional defense committees a report on the program established under such subsection.

    Inserted: (2) Contents.--The report submitted under paragraph (1) shall describe--

    Inserted: (A) the costs of plan sponsorship and program management of post-project completion retirement benefits;

    Inserted: (B) the funding profile in the Department of Energy's future year budget for the plan sponsorship and program management of post-project completion retirement benefits under the agreement entered into under subsection (b);

    Inserted: (C) the amount of unfunded accrued liability for eligible workers at the Department of Energy project completion site; and

    Inserted: (D) the justification for awarding the agreement entered into under subsection (b) to the selected contractor.

    Inserted: (d) Definitions.--In this section:

    Inserted: (1) Physical completion date.--The term "physical completion date" means--

    Inserted: (A) the date of physical completion or achievement of a similar milestone defined by or calculated in accordance with the terms of the completion project contract; or

    Inserted: (B) if the completion project contract specifies no such date, the date declared by the site contractor and accepted by the Department of Energy that the site contractor has completed all services required by the project completion contract other than close-out tasks and any other tasks excluded from the contract.

    Inserted: (2) Department of energy project completion site.--The term "Department of Energy project completion site" means a site, or a project within a site, in the Department of Energy's nuclear weapons complex that has been designated by the Secretary of Energy for closure or completion without any identified successor contractor.

    Inserted: (3) Post-project completion retirement benefits.--The term "post-project completion retirement benefits" means those benefits provided to eligible employees at a Department of Energy project completion site as of the physical completion date through collective bargaining agreements, projects, or contracts for work scope, including pension, health care, life insurance benefits, and other applicable welfare benefits.

    Inserted: (4) Eligible employees.--The term "eligible employees" includes--

    Inserted: (A) any employee who--

    Inserted: (i) was employed by the Department of energy or by contract or first or second tier subcontract to perform cleanup, security, or administrative duties or responsibilities at a Department of Energy project completion site; and

    Inserted: (ii) has met applicable eligibility requirements for post-project completion retirement benefits as of the physical completion date; and

    Inserted: (B) any eligible dependant of such an employee, as defined in the post-project completion retirement benefits plan documents.

    Inserted: (5) Unfunded accrued liability.--The term "unfunded accrued liability" means, with respect to eligible employees, the accrued liability, as determined in accordance with an actuarial cost method, that exceeds the present value of the assets of a pension plan and the aggregate projected life-cycle health care costs.

    Inserted: (6) Plan sponsorship and program management of post-project completion retirement benefits.--The term "plan sponsorship and program management of post-project completion retirement benefits" means those duties and responsibilities that are necessary to execute, and are consistent with, the terms and legal responsibilities of the instrument under which the post-project completion retirement benefits are provided to employees at a Department of Energy project completion site.

    Original wording

    On page 378, between lines 10 and 11, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1383. Mr. ALLARD submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

On page 378, between lines 10 and 11, insert the following:

SEC. 3114. MANAGEMENT OF POST-PROJECT COMPLETION RETIREMENT BENEFITS FOR EMPLOYEES AT DEPARTMENT OF ENERGY PROJECT COMPLETION SITES.

(a) Program Authorized.--

(1) In general.--The Secretary of Energy shall carry out a program under which the Secretary shall use competitive procedures to enter into an agreement with a contractor for the plan sponsorship and program management of post-project completion retirement benefits for eligible employees at each Department of Energy project completion site.

(2) Requirement of no reduction in total value of retirement benefits.--The total value of post-project completion retirement benefits provided to eligible employees at a Department of Energy project completion site may not be reduced under the program required under paragraph (1) without the specific authorization of Congress.

(b) Agreement for Benefits Management.--

(1) In general.--The Secretary of Energy shall, in accordance with procurement rules and regulations applicable to the Department of Energy, enter into the agreement described in subsection (a) not later than 90 days after the date of the physical completion date for the Department of Energy project completion site covered by the agreement.

(2) Terms of agreement.--The agreement under this section shall--

(A) provide for the plan sponsorship and program management of post-project completion retirement benefits;

(B) fully describe the post-project completion retirement benefits to be provided to employees at the Department of Energy project completion site; and

(C) require that the Secretary reimburse the contractor for the costs of plan sponsorship and program management of post-project completion retirement benefits.

(3) Renewal of agreement.--The agreement shall be subject to renewal every 5 years until all the benefit obligations have been met.

(c) Report.--

(1) In general.--Not later than 30 days after signing of the agreement described in subsection (a), the Secretary of Energy shall submit to the congressional defense committees a report on the program established under such subsection.

(2) Contents.--The report submitted under paragraph (1) shall describe--

(A) the costs of plan sponsorship and program management of post-project completion retirement benefits;

(B) the funding profile in the Department of Energy's future year budget for the plan sponsorship and program management of post-project completion retirement benefits under the agreement entered into under subsection (b);

(C) the amount of unfunded accrued liability for eligible workers at the Department of Energy project completion site; and

(D) the justification for awarding the agreement entered into under subsection (b) to the selected contractor.

(d) Definitions.--In this section:

(1) Physical completion date.--The term “physical completion date” means--

(A) the date of physical completion or achievement of a similar milestone defined by or calculated in accordance with the terms of the completion project contract; or

(B) if the completion project contract specifies no such date, the date declared by the site contractor and accepted by the Department of Energy that the site contractor has completed all services required by the project completion contract other than close-out tasks and any other tasks excluded from the contract.

(2) Department of energy project completion site.--The term “Department of Energy project completion site” means a site, or a project within a site, in the Department of Energy's nuclear weapons complex that has been designated by the Secretary of Energy for closure or completion without any identified successor contractor.

(3) Post-project completion retirement benefits.--The term “post-project completion retirement benefits” means those benefits provided to eligible employees at a Department of Energy project completion site as of the physical completion date through collective bargaining agreements, projects, or contracts for work scope, including pension, health care, life insurance benefits, and other applicable welfare benefits.

(4) Eligible employees.--The term “eligible employees” includes--

(A) any employee who--

(i) was employed by the Department of energy or by contract or first or second tier subcontract to perform cleanup, security, or administrative duties or responsibilities at a Department of Energy project completion site; and

(ii) has met applicable eligibility requirements for post-project completion retirement benefits as of the physical completion date; and

(B) any eligible dependant of such an employee, as defined in the post-project completion retirement benefits plan documents.

(5) Unfunded accrued liability.--The term “unfunded accrued liability” means, with respect to eligible employees, the accrued liability, as determined in accordance with an actuarial cost method, that exceeds the present value of the assets of a pension plan and the aggregate projected life-cycle health care costs.

(6) Plan sponsorship and program management of post-project completion retirement benefits.--The term “plan sponsorship and program management of post-project completion retirement benefits” means those duties and responsibilities that are necessary to execute, and are consistent with, the terms and legal responsibilities of the instrument under which the post-project completion retirement benefits are provided to employees at a Department of Energy project completion site.

Legislative Activity

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5 earlier actions
Floor Latest Action

Measure laid before Senate by unanimous consent. (consideration: CR S12378)

November 4, 2005

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Floor

Measure laid before Senate by unanimous consent. (consideration: CR S12378)

November 4, 2005

Floor

Proposed amendment SA 1383 withdrawn in Senate.

November 4, 2005

Floor

Considered by Senate. (consideration: CR S8897-8898)

July 26, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 1383 proposed by Senator Allard.

July 25, 2005

Floor

Amendment SA 1383 proposed by Senator Allard. (consideration: CR S8786-8788; text: CR S8785-8786) To establish a program for the management of post-project completion retirement benefits for employees at Department of Energy project completion sites.

July 25, 2005

Floor

Senate amendment submitted

July 21, 2005