S. 2003

A bill to facilitate the part-time reemployment of annuitants, and for other purposes.

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II

110th CONGRESS

1st Session

S. 2003

IN THE SENATE OF THE UNITED STATES

August 3, 2007

Ms. Collins (for herself, Mr. Warner, and Mr. Voinovich) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To facilitate the part-time reemployment of annuitants, and for other purposes.

1.

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)
(A)

For purposes of this subsection—

(i)

the term agency means—

(I)

an Executive agency;

(II)

the United States Postal Service;

(III)

the judicial branch; and

(IV)

any employing entity covered by subsection (k); and

(ii)

the term limited time appointee means an annuitant appointed under a temporary appointment limited to 1 year or less.

(B)

The head of an agency, in the case of an agency described in subclause (III) or (IV) of subparagraph (A)(i), shall be determined in the same manner as provided for under subsection (j) or (k), respectively.

(2)

The head of any 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.

(3)

The head of any 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 such annuitant during the period ending 6 months following the individual’s annuity commencing date;

(B)

for more than 1040 hours of service performed by such annuitant during any 12-month period; or

(C)

for more than 6240 hours of service performed by such annuitant during the individual’s lifetime.

(4)
(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 organizations to provide records of such employment to the Office of Personnel Management or other employing organizations as necessary to ensure compliance with paragraph (3);

(iii)

permit other administratively convenient periods substantially equivalent to 12 months, such as 26 pay periods, to be used in determining compliance with paragraph (3)(B); and

(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

(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);

(2)

by inserting after subsection (h) the following:

(i)
(1)
(A)

For purposes of this subsection—

(i)

the term agency means—

(I)

an Executive agency;

(II)

the United States Postal Service;

(III)

the judicial branch; and

(IV)

any employing authority covered by subsection (h); and

(ii)

the term limited time appointee means an annuitant appointed under a temporary appointment limited to 1 year or less.

(B)

The head of an agency, in the case of an agency described in subclause (III) or (IV) of subparagraph (A)(i), shall be determined in the same manner as provided for under subsection (g) or (h), respectively; and

(2)

The head of any agency may waive the application of subsection (a) with respect to any annuitant who is employed in such agency as a limited time appointee.

(3)

The head of any agency may not waive the application of subsection (a) with respect to an annuitant—

(A)

for more than 520 hours of service performed by such annuitant during the period ending 6 months following the individual’s annuity commencing date;

(B)

for more than 1040 hours of service performed by such annuitant during any 12-month period; or

(C)

for more than 6240 hours of service performed by such annuitant during the individual’s lifetime.

(4)
(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 organizations to provide records of such employment to the Office or other employing organizations as necessary to ensure compliance with paragraph (3);

(iii)

permit other administratively convenient periods substantially equivalent to 12 months, such as 26 pay periods, to be used in determining compliance with paragraph (3)(B); and

(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

(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)

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).