I
111th CONGRESS
1st Session
H. R. 2990
IN THE HOUSE OF REPRESENTATIVES
June 23, 2009
Mr. Skelton (for himself, Mr. Towns, Mr. Spratt, Mr. Waxman, Mr. Rahall, Mr. Markey of Massachusetts, Mrs. Davis of California, and Mr. Lynch) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Oversight and Government Reform, Natural Resources, and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide special pays and allowances to certain members of the Armed Forces, expand concurrent receipt of military retirement and VA disability benefits to disabled military retirees, and for other purposes.
Short title
This Act may be cited as the
Disabled Military Retiree Relief Act
of 2009
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Title I—Compensation and Benefits for Members of the Armed Forces and Military Retirees
Subtitle A—Bonuses and Special and Incentive Pays
Sec. 101. One-year extension of certain bonus and special pay authorities for reserve forces.
Sec. 102. One-year extension of certain bonus and special pay authorities for health care professionals.
Sec. 103. One-year extension of special pay and bonus authorities for nuclear officers.
Sec. 104. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.
Sec. 105. One-year extension of authorities relating to payment of other title 37 bonuses and special pay.
Sec. 106. One-year extension of authorities relating to payment of referral bonuses.
Sec. 107. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses and similar benefits for certain members.
Subtitle B—Retired Pay Benefits
Sec. 111. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement.
Sec. 112. Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement.
Subtitle C—Concurrent Receipt of Military Retired Pay and Veterans’ Disability Compensation
Sec. 121. One-year expansion of eligibility for concurrent receipt of military retired pay and veterans’ disability compensation to include all chapter 61 disability retirees regardless of disability rating percentage or years of service.
Title II—Federal Employee Benefits
Subtitle A—General Provisions
Sec. 201. Credit for unused sick leave.
Sec. 202. Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the civil service retirement system.
Sec. 203. Computation of certain annuities based on part-time service.
Sec. 204. Authority to deposit refunds under FERS.
Sec. 205. Retirement credit for service of certain employees transferred from District of Columbia service to Federal service.
Subtitle B—Non-Foreign Area Retirement Equity Assurance
Sec. 211. Short title.
Sec. 212. Extension of Locality Pay.
Sec. 213. Adjustment of special rates.
Sec. 214. Transition schedule for locality-based comparability payments.
Sec. 215. Savings provision.
Sec. 216. Application to other eligible employees.
Sec. 217. Election of additional basic pay for annuity computation by employees.
Sec. 218. Regulations.
Sec. 219. Effective dates.
Title III—Deepwater Oil and Gas Research and Development Funding Source Repeal
Sec. 301. Repeal.
Compensation and Benefits for Members of the Armed Forces and Military Retirees
Bonuses and Special and Incentive Pays
One-year extension of certain bonus and special pay authorities for reserve forces
The following sections
of title 37, United States Code, are amended by striking December 31,
2009
and inserting December 31, 2010
:
Section 308b(g), relating to Selected Reserve reenlistment bonus.
Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.
Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.
Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.
Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.
Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.
Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.
One-year extension of certain bonus and special pay authorities for health care professionals
Title 10 authorities
The following sections of title 10, United States
Code, are amended by striking December 31, 2009
and inserting
December 31, 2010
:
Section 2130a(a)(1), relating to nurse officer candidate accession program.
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
Title 37 authorities
The following sections of title 37, United States
Code, are amended by striking December 31, 2009
and inserting
December 31, 2010
:
Section 302c–1(f), relating to accession and retention bonuses for psychologists.
Section 302d(a)(1), relating to accession bonus for registered nurses.
Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.
Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.
Section 302h(a)(1), relating to accession bonus for dental officers.
Section 302j(a), relating to accession bonus for pharmacy officers.
Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.
Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.
One-year extension of special pay and bonus authorities for nuclear officers
The following
sections of title 37, United States Code, are amended by striking
December 31, 2009
and inserting December 31,
2010
:
Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.
Section 312b(c), relating to nuclear career accession bonus.
Section 312c(d), relating to nuclear career annual incentive bonus.
One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities
The following sections of title 37, United
States Code, are amended by striking December 31, 2009
and
inserting December 31, 2010
:
Section 331(h), relating to general bonus authority for enlisted members.
Section 332(g), relating to general bonus authority for officers.
Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
Section 351(i), relating to hazardous duty pay.
Section 352(g), relating to assignment pay or special duty pay.
Section 353(j), relating to skill incentive pay or proficiency bonus.
Section 355(i), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
One-year extension of authorities relating to payment of other title 37 bonuses and special pay
The following
sections of chapter 5 of title 37, United States Code, are amended by striking
December 31, 2009
and inserting December 31,
2010
:
Section 301b(a), relating to aviation officer retention bonus.
Section 307a(g), relating to assignment incentive pay.
Section 308(g), relating to reenlistment bonus for active members.
Section 309(e), relating to enlistment bonus.
Section 324(g), relating to accession bonus for new officers in critical skills.
Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.
Section 327(h), relating to incentive bonus for transfer between Armed Forces.
Section 330(f), relating to accession bonus for officer candidates.
One-year extension of authorities relating to payment of referral bonuses
The following sections of title 10, United
States Code, are amended by striking December 31, 2009
and
inserting December 31, 2010
:
Section 1030(i), relating to health professions referral bonus.
Section 3252(h), relating to Army referral bonus.
Technical corrections and conforming amendments To reconcile conflicting amendments regarding continued payment of bonuses and similar benefits for certain members
Technical corrections To reconcile conflicting amendments
Section 303a(e) of title 37, United States Code, is amended—
in paragraph
(1)(A), by striking paragraph (2)
and inserting
paragraphs (2) and (3)
;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
in paragraph (5),
as so redesignated, by striking paragraph (3)(B)
and inserting
paragraph (4)(B)
;
by redesignating paragraph (2), as added by section 651(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4495), as paragraph (3); and
by redesignating the second subparagraph (B) of paragraph (1), originally added as paragraph (2) by section 2(a)(3) of the Hubbard Act (Public Law 110–317; 122 Stat. 3526) and erroneously designated as subparagraph (B) by section 651(a)(3) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4495), as paragraph (2).
Inclusion of Hubbard Act amendment in consolidated special pay and bonus authorities
Section 373(b) of such title is amended—
in paragraph (2),
by striking the paragraph heading and inserting Special rule for deceased and disabled
members.—
; and
by adding at the end the following new paragraph:
Special rule for members who receive sole survivorship discharge
If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned—
shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; and
may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
In
this paragraph, the term sole survivorship discharge
means the
separation of a member from the Armed Forces, at the request of the member,
pursuant to the Department of Defense policy permitting the early separation of
a member who is the only surviving child in a family in which—
the father or mother or one or more siblings—
served in the Armed Forces; and
was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); and
the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.
.
Retired Pay Benefits
Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement
Recomputation of retired pay
Section 12739 of title 10, United States Code, is amended by adding at the end the following new subsection:
If a member of the Retired Reserve is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to the recomputation under this section of the retired pay of the member.
The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;
completes at least six months of service in such position; and
fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.
.
Adjustment of retired grade
Section 12771 of such title is amended—
by striking
Unless
and inserting (a)
Grade on
transfer.—Unless
; and
by adding at the end the following new subsection:
Effect of subsequent recall to active status
If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in section 1370(d) of this title.
The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;
completes at least six months of service in such position; and
fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.
.
Retroactive applicability
The amendments made by this section shall take effect as of January 1, 2008.
Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement
Election authority; requirements
Subsection (a) of section 12741 of title 10, United States Code, is amended to read as follows:
Authority To elect To receive reserve retired pay
Notwithstanding the requirement in paragraph (4) of section 12731(a) of this title that a person may not receive retired pay under this chapter when the person is entitled, under any other provision of law, to retired pay or retainer pay, a person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 367, 571, or 867 of this title, if the person—
satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter;
served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 367, 571, or 867 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters); and
completed not less than two years of satisfactory service (as determined by the Secretary concerned) in such active status (excluding any period of active service).
The Secretary concerned may reduce the minimum two-year service requirement specified in paragraph (1)(C) in the case of a person who—
completed at least six months of service in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; and
failed to complete the minimum years of service solely because the appointment of the person to such position was terminated or vacated as described in section 324(b) of title 32.
.
Actions To effectuate election
Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph:
terminate the eligibility of the person to retire under chapter 65, 367, 571, or 867 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; and
.
Conforming amendment To reflect new variable age requirement for retirement
Subsection (d) of such section is amended—
in paragraph (1),
by striking attains 60 years of age
and inserting attains
the eligibility age applicable to the person under section 12731(f) of this
title
; and
in paragraph
(2)(A), by striking attains 60 years of age
and inserting
attains the eligibility age applicable to the person under such
section
.
Clerical amendments
Section heading
The heading for section 12741 of such title is amended to read as follows:
Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement
.
Table of sections
The table of sections at the beginning of chapter 1223 of such title is amended by striking the item relating to section 12741 and inserting the following new item:
12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.
.
Retroactive applicability
The amendments made by this section shall take effect as of January 1, 2008.
Concurrent Receipt of Military Retired Pay and Veterans’ Disability Compensation
One-year expansion of eligibility for concurrent receipt of military retired pay and veterans’ disability compensation to include all chapter 61 disability retirees regardless of disability rating percentage or years of service
Phased expansion concurrent receipt
Subsection (a) of section 1414 of title 10, United States Code, is amended to read as follows:
Payment of both retired pay and disability compensation
Payment of both required
In general
Subject to subsection
(b), a member or former member of the uniformed services who is entitled for
any month to retired pay and who is also entitled for that month to veterans’
disability compensation for a qualifying service-connected disability (in this
section referred to as a qualified retiree
) is entitled to be
paid both for that month without regard to sections 5304 and 5305 of title
38.
Applicability of full concurrent receipt phase-in requirement
During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to a qualified retiree is subject to subsection (c).
Phase-in exception for 100 percent disabled retirees
The payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following qualified retirees:
A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.
A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.
Temporary phase-in exception for certain chapter 61 disability retirees; termination
Subject to subsection (b), during the period beginning on January 1, 2010, and ending on September 30, 2010, subsection (c) shall not apply to a qualified retiree described in subparagraph (B) or (C) of paragraph (2).
Qualifying service-connected disability defined
In this section, the term
qualifying service-connected disability
means the
following:
In the case of a member or former member receiving retired pay under any provision of law other than chapter 61 of this title, or under chapter 61 with 20 years or more of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs.
In the case of a member or former member receiving retired pay under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated by the Secretary of Veterans Affairs at the disabling level specified in one of the following clauses (and, subject to paragraph (3), is effective on or after the date specified in the applicable clause):
January 1, 2010, rated 100 percent, or a rate payable at 100 percent by reason of individual unemployability or rated 90 percent.
January 1, 2011, rated 80 percent or 70 percent.
January 1, 2012, rated 60 percent or 50 percent.
In the case of a member or former member receiving retired pay under chapter 61 regardless of years of service, a service-connected disability or combination of service-connected disabilities that is rated by the Secretary of Veterans Affairs at the disabling level specified in one of the following clauses (and, subject to paragraph (3), is effective on or after the date specified in the applicable clause):
January 1, 2013, rated 40 percent or 30 percent.
January 1, 2014, any rating.
Limited duration
Notwithstanding the effective date specified in each clause of subparagraphs (B) and (C) of paragraph (2), the clause shall apply only if the termination date specified in subparagraph (D) of paragraph (1) occurs during or after the calendar year specified in the clause, except that, eligibility may not extend beyond the termination date.
.
Conforming amendment to special rules for chapter 61 disability retirees
Subsection (b) of such section is amended to read as follows:
Special rules for chapter 61 disability retirees when eligibility has been established for such retirees
General reduction rule
The retired pay of a member retired under chapter 61 of this title is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the members retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
Retirees with fewer than 20 years of service
Before termination date
If a member with a qualifying service-connected disability (as defined in subsection (a)(2)) is retired under chapter 61 of this title with fewer than 20 years of creditable service otherwise creditable under section 1405 or computed under section 12732 of this title, and the termination date specified in subsection (a)(1)(D) has not occurred, the retired pay of the member is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.
After termination date
Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the retirement of the member if the termination date in paragraph (1)(D) of such subsection has occurred.
.
Conforming amendment to full concurrent receipt phase-In
Subsection (c) of
such section is amended by striking the second sentence of
.
Clerical amendments
Section heading
The heading of such section is amended to read as follows:
Concurrent receipt of retired pay and veterans’ disability compensation
.
Table of sections
The table of sections at the beginning of chapter 71 of such title is amended by striking the item related to section 1414 and inserting the following new item:
1414. Concurrent receipt of retired pay and veterans’ disability compensation.
.
Effective date
The amendments made by this section shall take effect on January 1, 2010.
Federal Employee Benefits
General Provisions
Credit for unused sick leave
In general
Section 8415 of title 5, United States Code, is amended—
by redesignating the second subsection (k) and subsection (l) as subsections (l) and (m), respectively; and
in subsection (l) (as so redesignated by paragraph (1))—
by striking
(l) In computing
and inserting (l)(1) In
computing
; and
by adding at the end the following:
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.
.
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)
.
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.
Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the civil service retirement system
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
.
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.
Computation of certain annuities based on part-time service
In general
Section 8339(p) of title 5, United States Code, is amended by adding at the end the following:
In the administration of paragraph (1)—
subparagraph (A) of such paragraph shall apply with respect to service performed before, on, or after April 7, 1986; and
subparagraph (B) of such paragraph—
shall apply with respect to that portion of any annuity which is attributable to service performed on or after April 7, 1986; and
shall not apply with respect to that portion of any annuity which is attributable to service performed before April 7, 1986.
.
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.
Authority to deposit refunds under FERS
Deposit authority
Section 8422 of title 5, United States Code, is amended by adding at the end the following:
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.
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.
For the purpose of survivor annuities, deposits authorized by this subsection may also be made by a survivor of an employee or Member.
.
Technical and conforming amendments
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);
.
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.
.
Section heading
The heading for section 8422 of title 5, United States Code, is amended to read as follows:
Deductions from pay; contributions for other service; deposits
.
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.
.
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.
.
Retirement credit for service of certain employees transferred from District of Columbia service to Federal service
Retirement credit
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:
Sections 8333 and 8410 (relating to eligibility for annuity).
Sections 8336 (other than subsections (d), (h), and (p) thereof) and 8412 (relating to immediate retirement).
Sections 8338 and 8413 (relating to deferred retirement).
Sections 8336(d), 8336(h), 8336(p), and 8414 (relating to early retirement).
Section 8341 and subchapter IV of chapter 84 (relating to survivor annuities).
Section 8337 and subchapter V of chapter 84 (relating to disability benefits).
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.
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.
Qualifying District of Columbia Service Defined
In this section,
qualifying District of Columbia service
means any of the
following:
Service performed by an individual as a nonjudicial employee of the District of Columbia courts—
which was performed prior to the effective date of the amendments made by section 11246(b) of the Balanced Budget Act of 1997; and
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).
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—
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
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).
Service performed by an individual as an employee of the District of Columbia Public Defender Service—
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
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).
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—
which was performed prior to the effective date of the individual’s coverage as an employee of the Federal Government; and
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).
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.
Non-Foreign Area Retirement Equity Assurance
Short title
This subtitle may be
cited as the Non-Foreign Area
Retirement Equity Assurance Act of 2009
or the
Non-Foreign AREA Act of
2009
.
Extension of Locality Pay
Locality-based comparability payments
Section 5304 of title 5, United States Code, is amended—
in subsection (f)(1), by striking subparagraph (A) and inserting the following:
each General Schedule position in the United States, as defined under section 5921(4), and its territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands, shall be included within a pay locality;
;
in subsection (g)—
in paragraph (2)—
in subparagraph (A), by striking
and
after the semicolon;
in subparagraph (B) by striking the period
and inserting ; and
; and
by adding after subparagraph (B) the following:
positions under subsection (h)(1)(C) not covered by appraisal systems certified under section 5382; and
; and
by adding at the end the following:
The applicable maximum under this subsection shall be level II of the Executive Schedule for positions under subsection (h)(1)(C) covered by appraisal systems certified under section 5307(d).
; and
in subsection (h)(1)—
in subparagraph (B) by striking
and
after the semicolon;
by redesignating subparagraph (C) as subparagraph (D);
by inserting after subparagraph (B) the following:
a Senior Executive Service position under section 3132 or 3151 or a senior level position under section 5376 stationed within the United States, but outside the 48 contiguous States and the District of Columbia in which the incumbent was an individual who on the day before the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009 was eligible to receive a cost-of-living allowance under section 5941; and
;
in clause (iv) in the matter following
subparagraph (D), by inserting , except for members covered by
subparagraph (C)
before the semicolon; and
in clause (v) in
the matter following subparagraph (D), by inserting , except for members
covered by subparagraph (C)
before the semicolon.
Allowances based on living costs and conditions of environment
Section 5941 of title 5, United States Code, is amended—
in subsection (a), by adding after the last
sentence Notwithstanding any preceding provision of this subsection, the
cost-of-living allowance rate based on paragraph (1) shall be the
cost-of-living allowance rate in effect on the date of enactment of the
Non-Foreign Area Retirement Equity Assurance Act of 2009, except as adjusted
under subsection (c).
;
by redesignating subsection (b) as subsection (d); and
by inserting after subsection (a) the following:
This section shall apply only to areas that are designated as cost-of-living allowance areas as in effect on December 31, 2009.
The cost-of-living allowance rate payable under this section shall be adjusted on the first day of the first applicable pay period beginning on or after—
January 1, 2010; and
January 1 of each calendar year in which a locality-based comparability adjustment takes effect under section 214 (2) and (3) of the Non-Foreign Area Retirement Equity Assurance Act of 2009.
In this paragraph, the term applicable locality-based comparability pay percentage means, with respect to calendar year 2010 and each calendar year thereafter, the applicable percentage under section 214 (1), (2), or (3) of Non-Foreign Area Retirement Equity Assurance Act of 2009.
Each adjusted cost-of-living allowance rate under paragraph (1) shall be computed by—
subtracting 65 percent of the applicable locality-based comparability pay percentage from the cost-of-living allowance percentage rate in effect on December 31, 2009; and
dividing the resulting percentage determined under clause (i) by the sum of—
one; and
the applicable locality-based comparability payment percentage expressed as a numeral.
No allowance rate computed under paragraph (2) may be less than zero.
Each allowance rate computed under paragraph (2) shall be paid as a percentage of basic pay (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law).
.
Adjustment of special rates
In general
Each special rate of pay established under section 5305 of title 5, United States Code, and payable in an area designated as a cost-of-living allowance area under section 5941(a) of that title, shall be adjusted, on the dates prescribed by section 214 of this subtitle, in accordance with regulations prescribed by the Director of the Office of Personnel Management under section 218 of this subtitle.
Agencies with statutory authority
In general
Each special rate of pay established under an authority described under paragraph (2) and payable in a location designated as a cost-of-living allowance area under section 5941(a)(1) of title 5, United States Code, shall be adjusted in accordance with regulations prescribed by the applicable head of the agency that are consistent with the regulations issued by the Director of the Office of Personnel Management under subsection (a).
Statutory authority
The authority referred to under paragraph (1), is any statutory authority that—
is similar to the authority exercised under section 5305 of title 5, United States Code;
is exercised by the head of an agency when the head of the agency determines it to be necessary in order to obtain or retain the services of persons specified by statute; and
authorizes the head of the agency to increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations.
Temporary adjustment
Regulations issued under subsection (a) or (b) may provide that statutory limitations on the amount of such special rates may be temporarily raised to a higher level during the transition period described in section 214 ending on the first day of the first pay period beginning on or after January 1, 2012, at which time any special rate of pay in excess of the applicable limitation shall be converted to a retained rate under section 5363 of title 5, United States Code.
Transition schedule for locality-based comparability payments
Notwithstanding any other provision of this subtitle or section 5304 or 5304a of title 5, United States Code, in implementing the amendments made by this subtitle, for each non-foreign area determined under section 5941(b) of that title, the applicable rate for the locality-based comparability adjustment that is used in the computation required under section 5941(c) of that title shall be adjusted effective on the first day of the first pay period beginning on or after January 1—
in calendar year 2010, by using 1/3 of the locality pay percentage for the rest of United States locality pay area;
in calendar year 2011, by using 2/3 of the otherwise applicable comparability payment approved by the President for each non-foreign area; and
in calendar year 2012 and each subsequent year, by using the full amount of the applicable comparability payment approved by the President for each non-foreign area.
Savings provision
Sense of Congress
It is the sense of Congress that—
the application of this subtitle to any employee should not result in a decrease in the take home pay of that employee;
in calendar year 2012 and each subsequent year, no employee shall receive less than the Rest of the U.S. locality pay rate;
concurrent with the surveys next conducted under the provisions of section 5304(d)(1)(A) of title 5, United States Code, beginning after the date of the enactment of this Act, the Bureau of Labor Statistics should conduct separate surveys to determine the extent of any pay disparity (as defined by section 5302 of that title) that may exist with respect to positions located in the State of Alaska, the State of Hawaii, and the United States territories, including American Samoa, Guam, Commonwealth of the Northern Mariana Islands, Commonwealth of Puerto Rico, and the United States Virgin Islands;
if the surveys
under paragraph (3) indicate that the pay disparity determined for the State of
Alaska, the State of Hawaii, or any 1 of the United States territories
including American Samoa, Guam, Commonwealth of the Northern Mariana Islands,
Commonwealth of Puerto Rico, and the United States Virgin Islands exceeds the
pay disparity determined for the locality which (for purposes of section 5304
of that title) is commonly known as the Rest of the United
States
, the President’s Pay Agent should take appropriate measures to
provide that each such surveyed area be treated as a separate pay locality for
purposes of that section; and
the President’s Pay Agent will establish 1 locality area for the entire State of Hawaii and 1 locality area for the entire State of Alaska.
Savings provisions
In general
During the period described under section 214 of this subtitle, an employee paid a special rate under 5305 of title 5, United States Code, who the day before the date of enactment of this Act was eligible to receive a cost-of-living allowance under section 5941 of title 5, United States Code, and who continues to be officially stationed in an allowance area, shall receive an increase in the employee’s special rate consistent with increases in the applicable special rate schedule. For employees in allowance areas, the minimum step rate for any grade of a special rate schedule shall be increased at the time of an increase in the applicable locality rate percentage for the allowance area by not less than the dollar increase in the locality-based comparability payment for a non-special rate employee at the same minimum step provided under section 214 of this subtitle, and corresponding increases shall be provided for all step rates of the given pay range.
Continuation of cost of living allowance rate
If an employee, who the day before the date of enactment of this Act was eligible to receive a cost-of-living allowance under section 5941 of title 5, United States Code, would receive a rate of basic pay and applicable locality-based comparability payment which is in excess of the maximum rate limitation set under section 5304(g) of title 5, United States Code, for his position (but for that maximum rate limitation) due to the operation of this subtitle, the employee shall continue to receive the cost-of-living allowance rate in effect on December 31, 2009 without adjustment until—
the employee leaves the allowance area or pay system; or
the employee is entitled to receive basic pay (including any applicable locality-based comparability payment or similar supplement) at a higher rate,
Locality-based comparability payments
Any employee covered under paragraph (2) shall receive any applicable locality-based comparability payment extended under section 214 of this subtitle which is not in excess of the maximum rate set under section 5304(g) of title 5, United States Code, for his position including any future increase to statutory pay limitations under 5318 of title 5, United States Code. Notwithstanding paragraph (2), to the extent that an employee covered under that paragraph receives any amount of locality-based comparability payment, the cost-of-living allowance rate under that paragraph shall be reduced accordingly, as provided under section 5941(c)(2)(B) of title 5, United States Code.
Application to other eligible employees
In General
Definition
In this subsection, the term covered employee means—
any employee who—
on the day before the date of enactment of this Act—
was eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; and
was not eligible to be paid locality-based comparability payments under 5304 or 5304a of that title; or
on or after the date of enactment of this Act becomes eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; or
any employee who—
on the day before the date of enactment of this Act—
was eligible to be paid an allowance under section 1603(b) of title 10, United States Code;
was eligible to be paid an allowance under section 1005(b) of title 39, United States Code;
was employed by the Transportation Security Administration of the Department of Homeland Security and was eligible to be paid an allowance based on section 5941 of title 5, United States Code; or
was eligible to be paid under any other authority a cost-of-living allowance that is equivalent to the cost-of-living allowance under section 5941 of title 5, United States Code; or
on or after the date of enactment of this Act—
becomes eligible to be paid an allowance under section 1603(b) of title 10, United States Code;
becomes eligible to be paid an allowance under section 1005(b) of title 39, United States Code;
is employed by the Transportation Security Administration of the Department of Homeland Security and becomes eligible to be paid an allowance based on section 5941 of title 5, United States Code; or
is eligible to be paid under any other authority a cost-of-living allowance that is equivalent to the cost-of-living allowance under section 5941 of title 5, United States Code.
Application to covered employees
In general
Notwithstanding any other provision of law, for purposes of this subtitle (including the amendments made by this subtitle) any covered employee shall be treated as an employee to whom section 5941 of title 5, United States Code (as amended by section 212 of this subtitle), and section 214 of this subtitle apply.
Pay fixed by statute
Pay to covered employees under section 5304 or 5304a of title 5, United States Code, as a result of the application of this subtitle shall be considered to be fixed by statute.
Performance appraisal system
With respect to a covered employee who is subject to a performance appraisal system no part of pay attributable to locality-based comparability payments as a result of the application of this subtitle including section 5941 of title 5, United States Code (as amended by section 212 of this subtitle), may be reduced on the basis of the performance of that employee.
Postal employees in non-foreign areas
In general
Section 1005(b) of title 39, United States Code, is amended—
by inserting (1)
after
(b)
;
by striking Section 5941,
and inserting Except as provided under paragraph (2), section
5941
;
by striking For purposes of such
section,
and inserting Except as provided under paragraph (2),
for purposes of section 5941 of that title,
; and
by adding at the end the following:
On and after the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009—
the provisions of that Act and section 5941 of title 5 shall apply to officers and employees covered by section 1003 (b) and (c) whose duty station is in a nonforeign area; and
with respect to officers and employees of the Postal Service (other than those officers and employees described under subparagraph (A)) of section 216(b)(2) of that Act shall apply.
.
Continuation of cost of living allowance
In general
Notwithstanding any other provision of this subtitle, any employee of the Postal Service (other than an employee covered by section 1003 (b) and (c) of title 39, United States Code, whose duty station is in a nonforeign area) who is paid an allowance under section 1005(b) of that title shall be treated for all purposes as if the provisions of this subtitle (including the amendments made by this subtitle) had not been enacted, except that the cost-of-living allowance rate paid to that employee—
may result in the allowance exceeding 25 percent of the rate of basic pay of that employee; and
shall be the greater of—
the cost-of-living allowance rate in effect on December 31, 2009, for the applicable area; or
the applicable locality-based comparability pay percentage under section 214.
Rule of construction
Nothing in this subtitle shall be construed to—
provide for an employee described under subparagraph (A) to be a covered employee as defined under subsection (a); or
authorize an employee described under subparagraph (A) to file an election under section 217 of this subtitle.
Election of additional basic pay for annuity computation by employees
Definition
In this section the term covered employee means any employee—
to whom section 214 applies;
who is separated from service by reason of retirement under chapter 83 or 84 of title 5, United States Code, during the period of January 1, 2010, through December 31, 2012; and
who files an election with the Office of Personnel Management under subsection (b).
Election
In general
An employee described under subsection (a) (1) and (2) may file an election with the Office of Personnel Management to be covered under this section.
Deadline
An election under this subsection may be filed not later than December 31, 2012.
Computation of annuity
In general
Except as provided under paragraph (2), for purposes of the computation of an annuity of a covered employee any cost-of-living allowance under section 5941 of title 5, United States Code, paid to that employee during the first applicable pay period beginning on or after January 1, 2010, through the first applicable pay period ending on or after December 31, 2012, shall be considered basic pay as defined under section 8331(3) or 8401(4) of that title.
Limitation
The amount of the cost-of-living allowance which may be considered basic pay under paragraph (1) may not exceed the amount of the locality-based comparability payments the employee would have received during that period for the applicable pay area if the limitation under section 214 of this subtitle did not apply.
Civil Service Retirement and Disability Retirement Fund
Employee contributions
A covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund—
an amount equal to the difference between—
employee contributions that would have been deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during the period described under subsection (c) of this section if the cost-of-living allowances described under that subsection had been treated as basic pay under section 8331(3) or 8401(4) of title 5, United States Code; and
employee contributions that were actually deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during that period; and
interest as prescribed under section 8334(e) of title 5, United States Code, based on the amount determined under subparagraph (A).
Agency contributions
In general
The employing agency of a covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund an amount for applicable agency contributions based on payments made under paragraph (1).
Source
Amounts paid under this paragraph shall be contributed from the appropriation or fund used to pay the employee.
Regulations
The Office of Personnel Management may prescribe regulations to carry out this section.
Regulations
In General
The Director of the Office of Personnel Management shall prescribe regulations to carry out this subtitle, including—
rules for special rate employees described under section 213;
rules for adjusting rates of basic pay for employees in pay systems administered by the Office of Personnel Management when such employees are not entitled to locality-based comparability payments under section 5304 of title 5, United States Code, without regard to otherwise applicable statutory pay limitations during the transition period described in section 214 ending on the first day of the first pay period beginning on or after January 1, 2012; and
rules governing establishment and adjustment of saved or retained rates for any employee whose rate of pay exceeds applicable pay limitations on the first day of the first pay period beginning on or after January 1, 2012.
Other Pay Systems
With the concurrence of the Director of the Office of Personnel Management, the administrator of a pay system not administered by the Office of Personnel Management shall prescribe regulations to carry out this subtitle with respect to employees in such pay system, consistent with the regulations prescribed by the Office under subsection (a). With respect to employees not entitled to locality-based comparability payments under section 5304 of title 5, United States Code, regulations prescribed under this subsection may provide for special payments or adjustments for employees who were eligible to receive a cost-of-living allowance under section 5941 of that title on the date before the date of enactment of this Act.
Effective dates
In General
Except as provided by subsection (b), this subtitle (including the amendments made by this subtitle) shall take effect on the date of enactment of this Act.
Locality pay and schedule
The amendments made by section 212 and the provisions of section 214 shall take effect on the first day of the first applicable pay period beginning on or after January 1, 2010.
Deepwater Oil and Gas Research and Development Funding Source Repeal
Repeal
Effective October 1, 2010, section 999H of the Energy Policy Act of 2005 (42 U.S.C. 16378) is amended—
by striking subsections (a), (b), (c), and (f);
by redesignating subsections (d) and (e) as subsections (a) and (b), respectively;
in subsection (a),
as so redesignated, by striking obligated from the Fund under subsection
(a)(1)
and inserting available under this section
;
and
in subsection (b),
as so redesignated, by striking In addition to other amounts that are
made available to carry out this section, there
and inserting
There
.