S.Amdt. 1299

SA 1299. 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

[[Page S6304]]

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 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.

TITLE ___--PART-TIME REEMPLOYMENT OF ANNUITANTS

SEC. __1. SHORT TITLE.

This title may be cited as the ``Part-Time Reemployment of
Annuitants Act of 2009''.

SEC. __2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System.--Section 8344 of title
5, United States Code, is amended--
(1) by redesignating subsection (l) as subsection (m);
(2) by inserting after subsection (k) the following:
``(l)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(k)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) or (b) with respect to any annuitant who is
employed in such agency as a limited time appointee, if the
head of the agency determines that the employment of the
annuitant is necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) or (b) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8468(i) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office of Personnel Management or other
employing agencies as necessary to ensure compliance with
paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for the effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) or (b)
shall terminate 5 years after the date of enactment of the
Part-Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (m) (as so redesignated)--
(A) in paragraph (1), by striking ``(k)'' and inserting
``(l)''; and
(B) in paragraph (2), by striking ``or (k)'' and inserting
``(k), or (l)''.
(b) Federal Employee Retirement System.--Section 8468 of
title 5, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j);

[[Page S6305]]

(2) by inserting after subsection (h) the following:
``(i)(1) For purposes of this subsection--
``(A) the term `head of an agency' means--
``(i) the head of an Executive agency, other than the
Department of Defense or the Government Accountability
Office;
``(ii) the head of the United States Postal Service;
``(iii) the Director of the Administrative Office of the
United States Courts, with respect to employees of the
judicial branch; and
``(iv) any employing authority described under subsection
(h)(2), other than the Government Accountability Office; and
``(B) the term `limited time appointee' means an annuitant
appointed under a temporary appointment limited to 1 year or
less.
``(2) The head of an agency may waive the application of
subsection (a) with respect to any annuitant who is employed
in such agency as a limited time appointee, if the head of
the agency determines that the employment of the annuitant is
necessary to--
``(A) fulfill functions critical to the mission of the
agency, or any component of that agency;
``(B) assist in the implementation or oversight of the
American Recovery and Reinvestment Act of 2009 (Public Law
111-5) or the Troubled Asset Relief Program under title I of
the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5201 et seq.);
``(C) assist in the development, management, or oversight
of agency procurement actions;
``(D) assist the Inspector General for that agency in the
performance of the mission of that Inspector General;
``(E) promote appropriate training or mentoring programs of
employees;
``(F) assist in the recruitment or retention of employees;
or
``(G) respond to an emergency involving a direct threat to
life of property or other unusual circumstances.
``(3) The head of an agency may not waive the application
of subsection (a) with respect to an annuitant--
``(A) for more than 520 hours of service performed by that
annuitant during the period ending 6 months following the
individual's annuity commencing date;
``(B) for more than 1040 hours of service performed by that
annuitant during any 12-month period; or
``(C) for more than a total of 3120 hours of service
performed by that annuitant.
``(4)(A) The total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies may not exceed 2.5 percent of the total
number of full-time employees of that agency.
``(B) If the total number of annuitants to whom a waiver by
the head of an agency under this subsection or section
8344(l) applies exceeds 1 percent of the total number of
full-time employees of that agency, the head of that agency
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Office of Personnel Management--
``(i) a report with an explanation that justifies the need
for the waivers in excess of that percentage; and
``(ii) not later than 180 days after submitting the report
under clause (i), a succession plan.
``(5)(A) The Director of the Office of Personnel Management
may promulgate regulations providing for the administration
of this subsection.
``(B) Any regulations promulgated under subparagraph (A)
may--
``(i) provide standards for the maintenance and form of
necessary records of employment under this subsection;
``(ii) to the extent not otherwise expressly prohibited by
law, require employing agencies to provide records of such
employment to the Office or other employing agencies as
necessary to ensure compliance with paragraph (3);
``(iii) authorize other administratively convenient periods
substantially equivalent to 12 months, such as 26 pay
periods, to be used in determining compliance with paragraph
(3)(B);
``(iv) include such other administrative requirements as
the Director of the Office of Personnel Management may find
appropriate to provide for effective operation of, or to
ensure compliance with, this subsection; and
``(v) encourage the training and mentoring of employees by
any limited time appointee employed under this subsection.
``(6)(A) Any hours of training or mentoring of employees by
any limited time appointee employed under this subsection
shall not be included in the hours of service performed for
purposes of paragraph (3), but those hours of training or
mentoring may not exceed 520 hours.
``(B) If the primary service performed by any limited time
appointee employed under this subsection is training or
mentoring of employees, the hours of that service shall be
included in the hours of service performed for purposes of
paragraph (3).
``(7) The authority of the head of an agency under this
subsection to waive the application of subsection (a) shall
terminate 5 years after the date of enactment of the Part-
Time Reemployment of Annuitants Act of 2009.''; and
(3) in subsection (j) (as so redesignated)--
(A) in paragraph (1), by striking ``(h)'' and inserting
``(i)''; and
(B) in paragraph (2), by striking ``or (h)'' and inserting
``(h), or (i)''.
(c) Rule of Construction.--Nothing in the amendments made
by this section may be construed to authorize the waiver of
the hiring preferences under chapter 33 of title 5, United
States Code in selecting annuitants to employ in an
appointive or elective position.
(d) Technical and Conforming Amendments.--Section
1005(d)(2) of title 39, United States Code, is amended--
(1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
(2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

SEC. __3. GENERAL ACCOUNTABILITY OFFICE REPORT.

(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report regarding the use of the authority
under the amendments made by section __2.
(b) Contents.--The report submitted under subsection (a)
shall--
(1) include the number of annuitants for whom a waiver was
made under subsection (l) of section 8344 of title 5, United
States Code, as amended by this title, or subsection (i) of
section 8468 of title 5, United States Code, as amended by
this title; and
(2) identify each agency that used the authority described
in paragraph (1).
(c) Agency Data.--Each head of an agency (as defined under
sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United
States Code, as added by section __2 of this title) shall--
(1) collect and maintain data necessary for purposes of the
Comptroller General report submitted under subsection (a);
and
(2) submit to the Comptroller General that data as the
Comptroller General requires in a timely fashion.
______