S.Amdt. 3761

1. Adds SEC. 1087. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR CERTAIN INDIVIDUALS at the end of subtitle H of title X

   Adds a section

   In S. 2410 · Placed on Calendar Senate

   (j) Coordination With Other Amendments Made by This Act.--For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.

   Inserted: SEC. 1087. CREDITABLE SERVICE FOR FEDERAL RETIREMENT FOR CERTAIN INDIVIDUALS.

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

   Inserted: (1) the term "annuity" includes a survivor annuity of a widow or widower;

   Inserted: (2) the term "unfunded liability" has the meaning given the term under section 8331 of title 5, United States Code; and

   Inserted: (3) the terms "widow" and "widower" have the meanings given those terms under section 8341 of title 5, United States Code.

   Inserted: (b) Amendments.--

   Inserted: (1) In general.--Section 8332(b) of title 5, United States Code, is amended--

   Inserted: (A) in paragraph (16), by striking "and" at the end;

   Inserted: (B) in paragraph (17), by striking the period at the end and inserting "; and";

   Inserted: (C) by inserting after paragraph (17) the following:

   Inserted: "(18) any period of service performed--

   Inserted: "(A) not later than December 31, 1977;

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   Inserted: "(B) while a citizen of the United States;

   Inserted: "(C) in the employ of--

   Inserted: "(i) Air America, Inc.; or

   Inserted: "(ii) any entity associated with, predecessor to, or subsidiary to Air America, Inc., including--

   Inserted: "(I) Air Asia Company Limited;

   Inserted: "(II) CAT Incorporated;

   Inserted: "(III) Civil Air Transport Company Limited; and

   Inserted: "(IV) the Pacific Division of Southern Air Transport; and

   Inserted: "(D) during the period that Air America, Inc. or any other entity described in subparagraph (C) was owned and controlled by the United States Government."; and

   Inserted: (D) in the second undesignated paragraph following paragraph (18) (as added by subparagraph (C)), by adding at the end the following: "For purposes of this subchapter, service of the type described in paragraph (18) shall be considered to have been service as an employee.".

   Inserted: (2) Exemption from deposit requirement.--Section 8334(g) of title 5, United States Code, is amended--

   Inserted: (A) in paragraph (5), by striking "or" at the end;

   Inserted: (B) in paragraph (6), by striking the period at the end and inserting "; or"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(7) any period of service for which credit is allowed under section 8332(b)(18) of this title.".

   Inserted: (c) Applicability.--

   Inserted: (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply with respect to annuities commencing on or after the effective date of this section.

   Inserted: (2) Provisions relating to current annuitants.--

   Inserted: (A) In general.--Except as provided under subparagraph (D) or paragraph (4), any individual who is entitled to an annuity for the month in which this section becomes effective may elect to have the amount of the annuity recomputed as if the amendments made by this section had been in effect throughout all periods of service on the basis of which the annuity is or may be based.

   Inserted: (B) Submission of election.--An election to have an annuity recomputed under subparagraph (A) shall be submitted to the Office of Personnel Management not later than 2 years after the effective date of this section.

   Inserted: (C) Prospective application of recomputation.--A recomputation under subparagraph (A) shall be effective as of the date of the first payment under the annuity that is made after the later of--

   Inserted: (i) the date of the recomputation; or

   Inserted: (ii) the effective date of this section.

   Inserted: (D) No retroactive payments.--An individual may not receive payments for any additional amounts that would have been payable, if the amendments made by this section had been in effect throughout all periods of service on the basis of which the annuity is or may be based, for periods before the first month for which recomputation is reflected in the regular monthly annuity payments of the individual.

   Inserted: (3) Provisions relating to individuals eligible for (but not currently receiving) an annuity.--

   Inserted: (A) In general.--

   Inserted: (i) Election.--Except as provided under subparagraph (B)(ii) or paragraph (4), an individual not described in paragraph (2) who becomes eligible for an annuity or for an increased annuity as a result of the enactment of this section may elect to have the rights of the individual under subchapter III of chapter 83 of title 5, United States Code, determined as if the amendments made by this section had been in effect throughout all periods of service on the basis of which the annuity is or would be based.

   Inserted: (ii) Submission of election.--An individual shall make an election under clause (i) by submitting an appropriate application to the Office of Personnel Management not later than 2 years after the later of--

   Inserted: (I) the effective date of this section; or

   Inserted: (II) the date on which the individual separates from service.

   Inserted: (B) Commencement date; retroactivity.--

   Inserted: (i) In general.--Subject to clause (ii), any entitlement to an annuity or to an increased annuity resulting from an election under subparagraph (A) shall be effective as of the date on which regular monthly annuity payments begin to be made in accordance with the amendments made by this section.

   Inserted: (ii) No retroactive payments.--An individual may not receive payments for any amounts that would have been payable, if the amendments made by this section had been in effect throughout all periods of service on the basis of which the annuity or increased annuity is or may be based, for periods before the first month for which regular monthly annuity payments begin to be made in accordance with the amendments made by this section.

   Inserted: (iii) Retroactivity for purposes of entitlement to annuity.--Any determination of the amount of any annuity, all the requirements for entitlement to which (including separation, but not including any application requirement) would have been satisfied before the effective date of this section if this section had been in effect (but would not then otherwise have been satisfied absent this section) shall be made as if application for the annuity had been submitted as of the earliest date that would have been allowable, after the date on which the individual separated from service, if the amendments made by this section had been in effect throughout the periods of service referred to in subparagraph (A)(i).

   Inserted: (4) Survivor annuities for surviving spouses only.--Notwithstanding section 8341 of title 5, United States Code, or any other provision of law, an individual other than a widow or a widower shall not be entitled to an annuity or increased annuity under subchapter III of chapter 83 of such title based on service described in section 8332(b)(18) of such title (as added by subsection (b)(1)(C)) performed by a deceased individual.

   Inserted: (d) Funding.--Any increase in the unfunded liability of the Civil Service Retirement System attributable to the enactment of this section shall be financed in accordance with section 8348(f) of title 5, United States Code.

   Inserted: (e) Regulations and Special Rule.--

   Inserted: (1) In general.--The Director of the Office of Personnel Management shall promulgate regulations necessary to carry out this section, which shall include provisions under which rules similar to those established under the amendments made by section 201 of the Federal Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 588) shall be applied with respect to any service described in section 8332(b)(18) of title 5, United States Code (as added by subsection (b)(1)(C)) that was subject to title II of the Social Security Act.

   Inserted: (2) Special rule.--For purposes of any application for any benefit which is computed or recomputed taking into account any service described in section 8332(b)(18) of title 5, United States Code (as added by subsection (b)(1)(C)), section 8345(i)(2) of such title shall be applied by deeming the reference to the date of the "other event which gives rise to title to the benefit" to refer to the effective date of this section, if later than the date of the event that would otherwise apply.

   Inserted: (f) Effective Date.--This section and the amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of enactment of this section.

   Original wording

   At the end of subtitle H of title X, add the following:

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As printed