S.Amdt. 1298

SA 1298. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 1256 proposed by Mr. Schumer (for Mr. Lieberman (for
himself, Ms. Collins, Mr. akaka, and Mr. Voinovich)) to the amendment
SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to protect the
public health by providing the Food and Drug Administration with
certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System; and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

Subtitle B--Other Retirement-Related Provisions

SEC. 111. CREDIT FOR UNUSED SICK LEAVE.

(a) In General.--Section 8415 of title 5, United States
Code, is amended--
(1) by redesignating the second subsection (k) and
subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph
(1))--
(A) by striking ``(l) In computing'' and inserting ``(l)(1)
In computing''; and
(B) by adding at the end the following:
``(2) Except as provided in paragraph (1), in computing an
annuity under this subchapter, the total service of an
employee who retires on an immediate annuity or who dies
leaving a survivor or survivors entitled to annuity includes
the days of unused sick leave to his credit under a formal
leave system and for which days the employee has not received
payment, except that these days will not be counted in
determining average pay or annuity eligibility under this
subchapter. For purposes of this subsection, in the case of
any such employee who is excepted from subchapter I of
chapter 63 under section 6301(2)(x) through (xiii), the days
of unused sick leave to his credit include any unused sick
leave standing to his credit when he was excepted from such
subchapter.''.
(b) Exception From Deposit Requirement.--Section 8422(d)(2)
of title 5, United States Code, is amended by striking
``section 8415(k)'' and inserting ``paragraph (1) or (2) of
section 8415(l)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to annuities computed based on
separations occurring on or after the date of enactment of
this Act.

SEC. 112. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS
ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED
ANNUITY UNDER THE CIVIL SERVICE RETIREMENT
SYSTEM.

(a) In General.--Section 8334(d)(2)(A)(i) of title 5,
United States Code, is amended by striking ``October 1,
1990'' each place it appears and inserting ``March 1, 1991''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 113. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME
SERVICE.

(a) In General.--Section 8339(p) of title 5, United States
Code, is amended by adding at the end the following:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to service performed before, on, or after April 7,
1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of any
annuity which is attributable to service performed on or
after April 7, 1986; and
``(ii) shall not apply with respect to that portion of any
annuity which is attributable to service performed before
April 7, 1986.''.
(b) Applicability.--The amendment made by subsection (a)
shall be effective with respect to any annuity, entitlement
to which is based on a separation from service occurring on
or after the date of enactment of this Act.

SEC. 114. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority.--Section 8422 of title 5, United
States Code, is amended by adding at the end the following:
``(i)(1) Each employee or Member who has received a refund
of retirement deductions under this or any other retirement
system established for employees of the Government covering
service for which such employee or Member may be allowed
credit under this chapter may deposit the amount received,
with interest. Credit may not be allowed for the service
covered by the refund until the deposit is made.
``(2) Interest under this subsection shall be computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
regulations prescribed by the Office. The option under the
third sentence of section 8334(e)(2) to make a deposit in one
or more installments shall apply to deposits under this
subsection.
``(3) For the purpose of survivor annuities, deposits
authorized by this subsection may also be made by a survivor
of an employee or Member.''.
(b) Technical and Conforming Amendments.--
(1) Definitional amendment.--Section 8401(19)(C) of title
5, United States Code, is amended by striking ``8411(f);''
and inserting ``8411(f) or 8422(i);''.
(2) Crediting of deposits.--Section 8422(c) of title 5,
United States Code, is amended by adding at the end the
following: ``Deposits made by an employee, Member, or
survivor also shall be credited to the Fund.''.
(3) Section heading.--(A) The heading for section 8422 of
title 5, United States Code, is amended to read as follows:

``Sec. 8422. Deductions from pay; contributions for other
service; deposits''.

(B) The analysis for chapter 84 of title 5, United States
Code, is amended by striking the item relating to section
8422 and inserting the following:

``8422. Deductions from pay; contributions for other service;
deposits.''.
(4) Restoration of annuity rights.--The last sentence of
section 8424(a) of title 5, United States Code, is amended by
striking ``based.'' and inserting ``based, until the employee
or Member is reemployed in the service subject to this
chapter.''.

SEC. 115. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES
TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE
TO FEDERAL SERVICE.

(a) Retirement Credit.--
(1) In general.--Any individual who is treated as an
employee of the Federal Government for purposes of chapter 83
or chapter 84 of title 5, United States Code, on or after the
date of enactment of this Act who performed qualifying
District of Columbia service shall be entitled to have such
service included in calculating the individual's creditable
service under sections 8332 or 8411 of title 5, United States
Code, but only for purposes of the following provisions of
such title:
(A) Sections 8333 and 8410 (relating to eligibility for
annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p)
thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred
retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating
to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating
to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating
to disability benefits).
(2) Treatment of detention officer service as law
enforcement officer service.--Any portion of an individual's
qualifying

[[Page S6303]]

District of Columbia service which consisted of service as a
detention officer under section 2604(2) of the District of
Columbia Government Comprehensive Merit Personnel Act of 1978
(sec. 1-626.04(2), D.C. Official Code) shall be treated as
service as a law enforcement officer under sections 8331(20)
or 8401(17) of title 5, United States Code, for purposes of
applying paragraph (1) with respect to the individual.
(3) Service not included in computing amount of any
annuity.--Qualifying District of Columbia service shall not
be taken into account for purposes of computing the amount of
any benefit payable out of the Civil Service Retirement and
Disability Fund.
(b) Qualifying District of Columbia Service Defined.--In
this section, ``qualifying District of Columbia service''
means any of the following:
(1) Service performed by an individual as a nonjudicial
employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the
amendments made by section 11246(b) of the Balanced Budget
Act of 1997; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an
entity of the District of Columbia government whose functions
were transferred to the Pretrial Services, Parole, Adult
Supervision, and Offender Supervision Trustee under section
11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of
the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the
amendments made by section 7(e) of the District of Columbia
Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the
District of Columbia Department of Corrections who was
separated from service as a result of the closing of the
Lorton Correctional Complex and who was appointed to a
position with the Bureau of Prisons, the District of Columbia
courts, the Pretrial Services, Parole, Adult Supervision, and
Offender Supervision Trustee, the United States Parole
Commission, or the District of Columbia Public Defender
Service, service performed by the individual as an employee
of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the
individual's coverage as an employee of the Federal
Government; and
(B) for which the individual did not ever receive credit
under the provisions of subchapter III of chapter 83 or
chapter 84 of title 5, United States Code (other than by
virtue of section 8331(1)(iv) of such title).
(c) Certification of Service.--The Office of Personnel
Management shall accept the certification of the appropriate
personnel official of the government of the District of
Columbia or other independent employing entity concerning
whether an individual performed qualifying District of
Columbia service and the length of the period of such service
the individual performed.
______