H.R. 6319

To waive the annuity buyback requirement under the Federal Employees Retirement Service with respect to certain law enforcement officers involuntarily called or retained on active duty, and for other purposes.

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I

111th CONGRESS

2d Session

H. R. 6319

IN THE HOUSE OF REPRESENTATIVES

September 29, 2010

Mr. Carney (for himself and Mr. Critz) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

To waive the annuity buyback requirement under the Federal Employees Retirement Service with respect to certain law enforcement officers involuntarily called or retained on active duty, and for other purposes.

1.

Waiver of Federal Employees Retirement Service annuity buyback requirement

Section 8411(c) of title 5, United States Code, is amended—

(1)

in paragraph (1), by striking and (5) and inserting (5), and (6);

(2)

by adding at the end the following:

(6)
(A)

If, for any period beginning on or after September 11, 2001, a law enforcement officer is or was involuntarily called or ordered to active duty under section 12301(a) of title 10 (or any other provision of law) or involuntarily retained on active duty under section 502(f) of title 32 (or any other provision of law)—

(i)

such officer shall be allowed credit for such period of active duty (as military service); and

(ii)

no deposit under section 8422(e) shall be required for any period for which credit is so allowed.

(B)

The Director of the Office of Personnel Management shall prescribe regulations to carry out this paragraph.

.

2.

Effective dates

(a)

In general

The amendments made by section 1—

(1)

shall apply to any annuity commencing on or after the date of the enactment of this Act; and

(2)

shall apply to any annuity commencing before the date of enactment of this Act only if appropriate application is made, in accordance with Office of Personnel Management regulations, within 2 years after date of enactment of this Act.

(b)

Recomputation

An annuity commencing before date of enactment of this Act, for which appropriate application is made in accordance with subsection (a)(2), shall be recomputed to reflect the amendments made by section 1 with respect to amounts payable for months beginning on or after the date on which such application is made.

(c)

Survivor annuity

A survivor may submit an application described in subsection (a)(2) for purposes of a survivor annuity to which such survivor is entitled.