
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-71 Section 105(c)]
[CITE: 5USC8331]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8331. Definitions

    For the purpose of this subchapter--
        (1) ``employee'' means--
            (A) an employee as defined by section 2105 of this title;
            (B) the Architect of the Capitol, an employee of the 
        Architect of the Capitol, and an employee of the Botanic Garden;
            (C) a Congressional employee as defined by section 2107 of 
        this title (other than the Architect of the Capitol, an employee 
        of the Architect of the Capitol, and an employee of the Botanic 
        Garden), after he gives notice in writing to the official by 
        whom he is paid of his desire to become subject to this 
        subchapter;
            (D) a temporary Congressional employee appointed at an 
        annual rate of pay, after he gives notice in writing to the 
        official by whom he is paid of his desire to become subject to 
        this subchapter;
            (E) a United States Commissioner whose total pay for 
        services performed as Commissioner is not less than $3,000 in 
        each of the last 3 consecutive calendar years ending after 
        December 31, 1954;
            (F) an individual employed by a county committee established 
        under section 590h(b) of title 16;
            (G) an individual first employed by the government of the 
        District of Columbia before October 1, 1987;
            (H) an individual employed by Gallaudet College;
            (I) an individual appointed to a position on the office 
        staff of a former President under section 1(b) of the Act of 
        August 25, 1958 (72 Stat. 838);
            (J) an alien (i) who was previously employed by the 
        Government, (ii) who is employed full time by a foreign 
        government for the purpose of protecting or furthering the 
        interests of the United States during an interruption of 
        diplomatic or consular relations, and (iii) for whose services 
        reimbursement is made to the foreign government by the United 
        States;
            (K) an individual appointed to a position on the office 
        staff of a former President, or a former Vice President under 
        section 4 of the Presidential Transition Act of 1963, as amended 
        (78 Stat. 153), who immediately before the date of such 
        appointment was an employee as defined under any other 
        subparagraph of this paragraph; and
            (L) an employee described in section 2105(c) who has made an 
        election under section 8347(q)(1) to remain covered under this 
        subchapter;

    but does not include--
            (i) a justice or judge of the United States as defined by 
        section 451 of title 28;
            (ii) an employee subject to another retirement system for 
        Government employees (besides any employee excluded by clause 
        (x), but including any employee who has made an election under 
        section 8347(q)(2) to remain covered by a retirement system 
        established for employees described in section 2105(c));
            (iii) an employee or group of employees in or under an 
        Executive agency excluded by the Office of Personnel Management 
        under section 8347(g) of this title;
            (iv) an individual or group of individuals employed by the 
        government of the District of Columbia excluded by the Office 
        under section 8347(h) of this title;
            (v) an employee of the Administrative Office of the United 
        States Courts, the Federal Judicial Center, or a court named by 
        section 610 of title 28, excluded by the Director of the 
        Administrative Office under section 8347(o) of this title;
            (vi) a construction employee or other temporary, part-time, 
        or intermittent employee of the Tennessee Valley Authority;
            (vii) an employee under the Office of the Architect of the 
        Capitol excluded by the Architect of the Capitol under section 
        8347(i) of this title;
            (viii) an employee under the Library of Congress excluded by 
        the Librarian of Congress under section 8347(j) of this title;
            (ix) a student-employee as defined by section 5351 of this 
        title;
            (x) an employee subject to the Federal Employees' Retirement 
        System;
            (xi) an employee under the Botanic Garden excluded by the 
        Director or Acting Director of the Botanic Garden under section 
        8347(l) of this title; or
            (xii) a member of the Foreign Service (as described in 
        section 103(6) of the Foreign Service Act of 1980), appointed 
        after December 31, 1987.

    Notwithstanding this paragraph, the employment of a teacher in the 
    recess period between two school years in a position other than a 
    teaching position in which he served immediately before the recess 
    period does not qualify the individual as an employee for the 
    purpose of this subchapter. For the purpose of the preceding 
    sentence, ``teacher'' and ``teaching position'' have the meanings 
    given them by section 901 of title 20;
        (2) ``Member'' means a Member of Congress as defined by section 
    2106 of this title, after he gives notice in writing to the official 
    by whom he is paid of his desire to become subject to this 
    subchapter, but does not include any such Member of Congress who is 
    subject to the Federal Employees' Retirement System or who makes an 
    election under section 8401(20) of this title not to be subject to 
    such System;
        (3) ``basic pay'' includes--
            (A) the amount a Member received from April 1, 1954, to 
        February 28, 1955, as expense allowance under section 601(b) of 
        the Legislative Reorganization Act of 1946 (60 Stat. 850), as 
        amended; and that amount from January 3, 1953, to March 31, 
        1954, if deposit is made therefor as provided by section 8334 of 
        this title;
            (B) additional pay provided by--
                (i) subsection (a) of section 60e-7 of title 2 and the 
            provisions of law referred to by that subsection; and
                (ii) sections 60e-8, 60e-9, 60e-10, 60e-11, 60e-12, 60e-
            13, and 60e-14 of title 2;

            (C) premium pay under section 5545(c)(1) of this title;
            (D) with respect to a law enforcement officer, premium pay 
        under section 5545(c)(2) of this title;
            (E) with respect to a criminal investigator, availability 
        pay under section 5545a of this title;
            (F) pay as provided in section 5545b(b)(2) and (c)(2);
            (G) with respect to a customs officer (referred to in 
        subsection (e)(1) of section 5 of the Act of February 13, 1911), 
        compensation for overtime inspectional services provided for 
        under subsection (a) of such section 5, but not to exceed 50 
        percent of any statutory maximum in overtime pay for customs 
        officers which is in effect for the year involved; and
            (H) any amount received under section 5948 (relating to 
        physicians comparability allowances);

    but does not include bonuses, allowances, overtime pay, military 
    pay, pay given in addition to the base pay of the position as fixed 
    by law or regulation except as provided by subparagraphs (B) through 
    (H) of this paragraph \1\ retroactive pay under section 5344 of this 
    title in the case of a retired or deceased employee, uniform 
    allowances under section 5901 of this title, or lump-sum leave 
    payments under subchapter VI of chapter 55 of this title. For an 
    employee paid on a fee basis, the maximum amount of basic pay which 
    may be used is $10,000;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by a comma.
---------------------------------------------------------------------------
        (4) ``average pay'' means the largest annual rate resulting from 
    averaging an employee's or Member's rates of basic pay in effect 
    over any 3 consecutive years of creditable service or, in the case 
    of an annuity under subsection (d) or (e)(1) of section 8341 of this 
    title based on service of less than 3 years, over the total service, 
    with each rate weighted by the time it was in effect;
        (5) ``Fund'' means the Civil Service Retirement and Disability 
    Fund;
        [(6) Repealed. Pub. L. 96-499, title IV, Sec. 403(b), Dec. 5, 
    1980, 94 Stat. 2606]
        (7) ``Government'' means the Government of the United States, 
    the government of the District of Columbia, Gallaudet University, 
    and, in the case of an employee described in paragraph (1)(L), a 
    nonappropriated fund instrumentality of the Department of Defense or 
    the Coast Guard described in section 2105(c);
        (8) ``lump-sum credit'' means the unrefunded amount consisting 
    of--
            (A) retirement deductions made from the basic pay of an 
        employee or Member;
            (B) amounts deposited by an employee or Member covering 
        earlier service, including any amounts deposited under section 
        8334(j) of this title; and
            (C) interest on the deductions and deposits at 4 percent a 
        year to December 31, 1947, and 3 percent a year thereafter 
        compounded annually to December 31, 1956, or, in the case of an 
        employee or Member separated or transferred to a position in 
        which he does not continue subject to this subchapter before he 
        has completed 5 years of civilian service, to the date of the 
        separation or transfer;

    but does not include interest--
            (i) if the service covered thereby aggregates 1 year or 
        less; or
            (ii) for the fractional part of a month in the total 
        service;

        (9) ``annuitant'' means a former employee or Member who, on the 
    basis of his service, meets all requirements of this subchapter for 
    title to annuity and files claim therefor;
        (10) ``survivor'' means an individual entitled to annuity under 
    this subchapter based on the service of a deceased employee, Member, 
    or annuitant;
        (11) ``survivor annuitant'' means a survivor who files claim for 
    annuity;
        (12) ``service'' means employment creditable under section 8332 
    of this title;
        (13) ``military service'' means honorable active service--
            (A) in the armed forces;
            (B) in the Regular or Reserve Corps of the Public Health 
        Service after June 30, 1960; or
            (C) as a commissioned officer of the Environmental Science 
        Services Administration after June 30, 1961;

    but does not include service in the National Guard except when 
    ordered to active duty in the service of the United States or full-
    time National Guard duty (as such term is defined in section 101(d) 
    of title 10) if such service interrupts creditable civilian service 
    under this subchapter and is followed by reemployment in accordance 
    with chapter 43 of title 38 that occurs on or after August 1, 1990;
        (14) ``Member service'' means service as a Member and includes 
    the period from the date of the beginning of the term for which 
    elected or appointed to the date on which he takes office as a 
    Member;
        (15) ``price index'' means the Consumer Price Index (all items--
    United States city average) published monthly by the Bureau of Labor 
    Statistics;
        (16) ``base month'' means the month for which the price index 
    showed a percent rise forming the basis for a cost-of-living annuity 
    increase;
        (17) ``normal cost'' means the entry-age normal cost computed by 
    the Office of Personnel Management in accordance with generally 
    accepted actuarial practice and expressed as a level percentage of 
    aggregate basic pay;
        (18) ``Fund balance'' means the sum of--
            (A) the investments of the Fund calculated at par value; and
            (B) the cash balance of the Fund on the books of the 
        Treasury;

    but does not include any amount attributable to--
            (i) the Federal Employees' Retirement System; or
            (ii) contributions made under the Federal Employees' 
        Retirement Contribution Temporary Adjustment Act of 1983 by or 
        on behalf of any individual who became subject to the Federal 
        Employees' Retirement System;

        (19) ``unfunded liability'' means the estimated excess of the 
    present value of all benefits payable from the Fund to employees and 
    Members, and former employees and Members, subject to this 
    subchapter, and to their survivors, over the sum of--
            (A) the present value of deductions to be withheld from the 
        future basic pay of employees and Members currently subject to 
        this subchapter and of future agency contributions to be made in 
        their behalf; plus
            (B) the present value of Government payments to the Fund 
        under section 8348(f) of this title; plus
            (C) the Fund balance as of the date the unfunded liability 
        is determined;

        (20) ``law enforcement officer'' means an employee, the duties 
    of whose position are primarily the investigation, apprehension, or 
    detention of individuals suspected or convicted of offenses against 
    the criminal laws of the United States, including an employee 
    engaged in this activity who is transferred to a supervisory or 
    administrative position. For the purpose of this paragraph, 
    ``detention'' includes the duties of--
            (A) employees of the Bureau of Prisons and Federal Prison 
        Industries, Incorporated;
            (B) employees of the Public Health Service assigned to the 
        field service of the Bureau of Prisons or of the Federal Prison 
        Industries, Incorporated;
            (C) employees in the field service at Army or Navy 
        disciplinary barracks or at confinement and rehabilitation 
        facilities operated by any of the armed forces; and
            (D) employees of the Department of Corrections of the 
        District of Columbia, its industries and utilities;

    whose duties in connection with individuals in detention suspected 
    or convicted of offenses against the criminal laws of the United 
    States or of the District of Columbia or offenses against the 
    punitive articles of the Uniformed Code of Military Justice (chapter 
    47 of title 10) require frequent (as determined by the appropriate 
    administrative authority with the concurrence of the Office) direct 
    contact with these individuals in their detention, direction, 
    supervision, inspection, training, employment, care, transportation, 
    or rehabilitation;
        (21) ``firefighter'' means an employee, the duties of whose 
    position are primarily to perform work directly connected with the 
    control and extinguishment of fires or the maintenance and use of 
    firefighting apparatus and equipment, including an employee engaged 
    in this activity who is transferred to a supervisory or 
    administrative position;
        (22) ``bankruptcy judge'' means an individual--
            (A) who is appointed under section 34 of the Bankruptcy Act 
        (11 U.S.C. 62) or under section 404(d) of the Act of November 6, 
        1978 (Public Law 95-598; 92 Stat. 2549), and--
                (i) who is serving as a United States bankruptcy judge 
            on March 31, 1984; or
                (ii) whose service as a United States bankruptcy judge 
            at any time in the period beginning on October 1, 1979, and 
            ending on July 10, 1984, is terminated by reason of death or 
            disability; or

            (B) who is appointed as a bankruptcy judge under section 152 
        of title 28;

        (23) ``former spouse'' means a former spouse of an individual--
            (A) if such individual performed at least 18 months of 
        civilian service covered under this subchapter as an employee or 
        Member, and
            (B) if the former spouse was married to such individual for 
        at least 9 months;

        (24) ``Indian court'' means an Indian court as defined by 
    section 201(3) of the Act entitled ``An Act to prescribe penalties 
    for certain acts of violence or intimidation, and for other 
    purposes'', approved April 11, 1968 (25 U.S.C. 1301(3); 82 Stat. 
    77);
        (25) ``magistrate judge'' or ``United States magistrate judge'' 
    means an individual appointed under section 631 of title 28;
        (26) ``Court of Federal Claims judge'' means a judge of the 
    United States Court of Federal Claims who is appointed under chapter 
    7 of title 28 or who has served under section 167 of the Federal 
    Courts Improvement Act of 1982;
        (27) ``Nuclear materials courier''--
            (A) means an employee of the Department of Energy, the 
        duties of whose position are primarily to transport, and provide 
        armed escort and protection during transit of, nuclear weapons, 
        nuclear weapon components, strategic quantities of special 
        nuclear materials or other materials related to national 
        security; and
            (B) includes an employee who is transferred directly to a 
        supervisory or administrative position within the same 
        Department of Energy organization, after performing duties 
        referred to in subparagraph (A) for at least 3 years; and

        (28) ``Government physician'' has the meaning given that term 
    under section 5948.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 564; Pub. L. 89-737, Sec. 1(2), 
Nov. 2, 1966, 80 Stat. 1164; Pub. L. 90-83, Sec. 1(72), Sept. 11, 1967, 
81 Stat. 213; Pub. L. 90-623, Sec. 1(21), Oct. 22, 1968, 82 Stat. 1313; 
Pub. L. 91-93, title I, Sec. 101, title II, Sec. 201(a), Oct. 20, 1969, 
83 Stat. 136, 138; Pub. L. 92-352, title I, Sec. 105(a), July 13, 1972, 
86 Stat. 490; Pub. L. 93-350, Sec. 2, July 12, 1974, 88 Stat. 355; Pub. 
L. 94-183, Sec. 2(38), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 95-454, 
title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95-
598, title III, Sec. 338(e), Nov. 6, 1978, 92 Stat. 2681; Pub. L. 96-54, 
Sec. 2(a)(47), Aug. 14, 1979, 93 Stat. 384; Pub. L. 96-499, title IV, 
Sec. 403(b), Dec. 5, 1980, 94 Stat. 2606; Pub. L. 97-253, title III, 
Sec. 306(a), Sept. 8, 1982, 96 Stat. 795; Pub. L. 98-249, Sec. 3(b), 
Mar. 31, 1984, 98 Stat. 117; Pub. L. 98-271, Sec. 3(b), Apr. 30, 1984, 
98 Stat. 163; Pub. L. 98-299, Sec. 3(b), May 25, 1984, 98 Stat. 214; 
Pub. L. 98-325, Sec. 3(b), June 20, 1984, 98 Stat. 268; Pub. L. 98-353, 
title I, Secs. 116(a), 121(g), July 10, 1984, 98 Stat. 343, 346; Pub. L. 
98-531, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2704; Pub. L. 98-615, 
Sec. 2(1), Nov. 8, 1984, 98 Stat. 3195; Pub. L. 99-335, title II, 
Secs. 202, 207(f), June 6, 1986, 100 Stat. 591, 595; Pub. L. 100-53, 
Sec. 2(a), June 18, 1987, 101 Stat. 367; Pub. L. 100-238, title I, 
Secs. 112, 123, Jan. 8, 1988, 101 Stat. 1750, 1754; Pub. L. 100-679, 
Sec. 13(a)(1), Nov. 17, 1988, 102 Stat. 4071; Pub. L. 101-474, 
Sec. 5(m), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-508, title VII, 
Sec. 7202(j)(1), Nov. 5, 1990, 104 Stat. 1388-337; Pub. L. 101-650, 
title III, Secs. 306(c)(1), 321, Dec. 1, 1990, 104 Stat. 5110, 5117; 
Pub. L. 102-378, Sec. 2(57), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 102-
572, title IX, Sec. 902(b), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-
66, title XIII, Sec. 13812(a), Aug. 10, 1993, 107 Stat. 670; Pub. L. 
103-353, Sec. 5(a), Oct. 13, 1994, 108 Stat. 3173; Pub. L. 105-261, div. 
C, title XXXI, Sec. 3154(b), Oct. 17, 1998, 112 Stat. 2254; Pub. L. 105-
277, div. A, Sec. 101(h) [title VI, Sec. 628(d)], Oct. 21, 1998, 112 
Stat. 2681-480, 2681-521; Pub. L. 106-571, Sec. 3(a), (b)(2), Dec. 28, 
2000, 114 Stat. 3054, 3055.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2251 (less (h)-      July 31, 1956, ch.
                      (j)).                         804, Sec.  401
                                                    ``Sec. 1 (less (h)-
                                                    (j))'', 70 Stat.
                                                    743.
                     ............................  Apr. 8, 1960, Pub. L.
                                                    86-415, Sec.  6(c),
                                                    74 Stat. 35.
                     ............................  July 7, 1960, Pub. L.
                                                    86-604, Sec.  1(a),
                                                    74 Stat. 358.
                     ............................  Sept. 14, 1961, Pub.
                                                    L. 87-233, Sec.  2,
                                                    75 Stat. 507.
                     ............................  Oct. 11, 1962, Pub.
                                                    L. 87-793, Sec.
                                                    1102(a), 76 Stat.
                                                    869.
                     ............................  Feb. 7, 1964, Pub. L.
                                                    88-267, Sec.  1(a),
                                                    78 Stat. 8.
                     5 U.S.C. 2252 (less (e), (f)  July 31, 1956, ch.
                      (words after semicolon),      804, Sec.  401
                      (g) (2d sentence), (h)        ``Sec. 2 (less (e),
                      (words after colon)).         (f) (words after
                                                    semicolon), (g) (2d
                                                    sentence))'', 70
                                                    Stat. 745.
                                                   July 1, 1960, Pub. L.
                                                    86-568, Sec.
                                                    115(b)(1) ``(h)
                                                    (less words after
                                                    colon)'', 74 Stat.
                                                    302.
                     ............................  Feb. 7, 1964, Pub. L.
                                                    88-267, Sec.  1(b),
                                                    (c), 78 Stat. 9.
                     5 U.S.C. 1054 (1st 27         Aug. 4, 1947, ch.
                      words).                       452, Sec.  5 (1st 27
                                                    words), 61 Stat.
                                                    728.
                     [Uncodified].                 Aug. 25, 1958, Pub.
                                                    L. 85-745, Sec.
                                                    1(b) (last sentence,
                                                    as applicable to the
                                                    Civil Service
                                                    Retirement Act), 72
                                                    Stat. 838.
                     5 U.S.C. 2358(c) (as          July 17, 1959, Pub.
                      applicable to the Civil       L. 86-91, Sec.
                      Service Retirement Act).      10(c) (as applicable
                                                    to the Civil Service
                                                    Retirement Act), 73
                                                    Stat. 217.
                     5 U.S.C. 932c(d).             June 28, 1955, ch.
                                                    189, Sec.  4(i), 69
                                                    Stat. 178.
                     5 U.S.C. 932d(d).             June 20, 1958, Pub.
                                                    L. 85-462, Sec.
                                                    4(g), 72 Stat. 208.
                     5 U.S.C. 932e(f).             July 1, 1960, Pub. L.
                                                    86-568, Sec.
                                                    117(i), 74 Stat.
                                                    304.
                     5 U.S.C. 932f(e).             Oct. 11, 1962, Pub.
                                                    L. 87-793, Sec.
                                                    1005(h), 76 Stat.
                                                    867.
                     5 U.S.C. 932g(d).             Aug. 14, 1964, Pub.
                                                    L. 88-426, Sec.
                                                    202(d), 78 Stat.
                                                    413.
                     5 U.S.C. 1182(b).             Sept. 2, 1958, Pub.
                                                    L. 85-872, Sec.
                                                    2(b), 72 Stat. 1696.
                     5 U.S.C. 2132 (as applicable  Sept. 1, 1954, ch.
                      to the Civil Service          1208, Sec.  403 (as
                      Retirement Act, as            applicable to the
                      amended).                     Civil Service
                                                    Retirement Act, as
                                                    amended), 68 Stat.
                                                    1115.
------------------------------------------------------------------------

    In paragraph (1), the specific exception of the President, appearing 
in former section 2252(b), is omitted as unnecessary because he is not 
included in the definition of ``employee''.
    In paragraph (1)(B), the definition of ``Congressional employee'' in 
former section 2251(c) is omitted as unnecessary in view of the 
definition of the term in section 2107.
    In paragraph (1)(E), the words ``Notwithstanding any other provision 
of law or any Executive order'' are omitted as unnecessary.
    In paragraph (1)(i), the words ``justice or'' are added on authority 
of section 371 and 372 of title 28.
    Paragraph (1)(iii) and (iv) is based on former section 2252(e), 
which is carried into section 8347(g) and (h).
    Paragraph (1)(vii) and (viii) is based on former section 2252(f), 
which is carried in part into section 8347(i) and (j).
    In paragraph (1), the last sentence is added on authority of former 
section 2351, which is scheduled for transfer to section 901 of title 
20.
    In paragraph (3), the words ``or lump-sum leave payments under 
subchapter VI of chapter 55 of this title'' are added on authority of 
former section 61b (6th sentence), which is carried into section 5551.
    In paragraph (4)(B), references to sections 60e-7, 60e-8, 60e-9, 
60e-10, and 60e-11 of title 2 are substituted for the words ``this 
section'', appearing in former sections 932c(d), 932d(d), 932e(f), 
932f(e), and 932g(d), to reflect the scheduled transfer of those 
sections to title 2.
    In paragraph (5), the words ``the Civil Service Retirement and 
Disability Fund'' are substituted for ``the civil service retirement and 
disability fund created by the Act of May 22, 1920''.
    In paragraph (7), the words ``Government of the United States'' are 
coextensive with and substituted for ``the executive, judicial, and 
legislative branches of the United States Government, including 
Government-owned or controlled corporation''.
    In paragraph (13), the words ``armed forces'' are coextensive with 
and substituted for ``Army, Navy, Air Force, Marine Corps, or Coast 
Guard of the United States'' in view of the definition of ``armed 
forces'' in section 2101.
    The definition of ``Commission'' in former section 2251(m) is 
omitted as unnecessary as the title ``Civil Service Commission'' is 
fully set out the first time it is used in each section.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8331(1)(B), (C)....  5 App.: 2252(c).              Sept. 26, 1966, Pub.
                                                    L. 89-604, Sec.
                                                    1(b), 80 Stat. 846.
8331(3)(B) (ii)....  5 App.: 932h(c).              Oct. 29, 1965, Pub.
                                                    L. 89-301, Sec.
                                                    11(d), 79 Stat.
                                                    1120.
                     5 App.: 932i(c).              July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    302(d), 80 Stat.
                                                    295.
8331(13)...........  [No source].                  [No source].
8331(15), (16).....  5 App.: 2251(t).              Sept. 27, 1965, Pub.
                                                    L. 89-205, Sec.
                                                    1(a), 79 Stat. 840.
------------------------------------------------------------------------

    In paragraphs (1)(C), (D) and (2), the words ``become subject to'' 
are substituted for ``come within the purview of'' for consistency 
within the subchapter.
    In paragraph (3)(B)(ii), references to sections 60e-12 and 60e-13 of 
title 2 are substituted for the words ``this section'' appearing in 5 
U.S.C. App. 932h(c) and 932i(c), to reflect the scheduled transfer of 
those sections to title 2 (See table IV).
    In paragraph (8)(C), the words ``in which he does not continue 
subject to'' are substituted for ``not within the purview of'' for 
consistency within the subchapter and to reflect that it is the 
individual, rather than the position, that is subject to this 
subchapter.
    The amendment to paragraph (13) reflects Reorganization Plan No. 2 
of 1965 (79 Stat. 1318), effective July 13, 1965, which consolidated the 
Coast and Geodetic Survey and the Weather Bureau to form a new agency in 
the Department of Commerce to be known as the Environmental Science 
Services Administration.

                       References in Text

    Section 1(b) of the act of August 25, 1958 (72 Stat. 838), referred 
to in par. (1)(I), is set out as a note under section 102 of Title 3, 
The President.
    Section 4 of the Presidential Transition Act of 1963, referred to in 
par. (1)(K), is section 4 of Pub. L. 88-277, which is set out as a note 
under section 102 of Title 3.
    Section 103(6) of the Foreign Service Act of 1980, referred to in 
par. (1)(xii), is classified to section 3903(6) of Title 22, Foreign 
Relations and Intercourse.
    Section 601(b) of the Legislative Reorganization Act of 1946 (60 
Stat. 850), as amended, referred to in par. (3)(A), was classified to 
section 31a of Title 2, The Congress, which was repealed by act Mar. 2, 
1955, ch. 9, Sec. 4(b), 69 Stat. 11.
    Sections 60e-7, 60e-8, 60e-9, 60e-10, 60e-11, 60e-12, 60e-13, and 
60e-14 of title 2, referred to in par. (3)(B), were omitted from the 
Code.
    Section 5 of the Act of February 13, 1911, referred to in par. 
(3)(G), is classified to section 267 of Title 19, Customs Duties.
    The Federal Employees' Retirement Contribution Temporary Adjustment 
Act of 1983, referred to in par. (18)(ii), is Pub. L. 98-168, title II, 
Nov. 29, 1983, 97 Stat. 1106, as amended, which is set out as a note 
below.
    The Bankruptcy Act, referred to in par. (22)(A), is act July 1, 
1898, ch. 541, 30 Stat. 544, as amended, which was classified generally 
to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 
1979, by Pub. L. 95-598, Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 
2682, section 101 of which enacted revised Title 11.
    Section 404(d) of the Act of November 6, 1978, referred to in par. 
(22)(A), is section 404(d) of Pub. L. 95-598, title IV, Nov. 6, 1978, 92 
Stat. 2684, which was set out in a note preceding section 151 of Title 
28, Judiciary and Judicial Procedure, and was repealed by Pub. L. 98-
353, title I, Sec. 114, July 10, 1984, 98 Stat. 343.
    Section 167 of the Federal Courts Improvement Act of 1982, referred 
to in par. (26), is section 167 of Pub. L. 97-164, which is set out as a 
note under section 171 of Title 28.


                               Amendments

    2000--Par. (3). Pub. L. 106-571, Sec. 3(a)(4), substituted ``through 
(H)'' for ``through (G)'' in concluding provisions.
    Par. (3)(H). Pub. L. 106-571, Sec. 3(a)(1)-(3), added subpar. (H).
    Par. (28). Pub. L. 106-571, Sec. 3(b)(2), added par. (28).
    1998--Par. (3). Pub. L. 105-277 struck out ``and'' at end of subpar. 
(D), added subpars. (E) and (F), redesignated former subpar. (E) as (G), 
and, in concluding provisions, substituted ``subparagraphs (B) through 
(G)'' for ``subparagraphs (B), (C), (D), and (E)''.
    Par. (27). Pub. L. 105-261 added par. (27).
    1994--Par. (13). Pub. L. 103-353 inserted before semicolon at end 
``or full-time National Guard duty (as such term is defined in section 
101(d) of title 10) if such service interrupts creditable civilian 
service under this subchapter and is followed by reemployment in 
accordance with chapter 43 of title 38 that occurs on or after August 1, 
1990''.
    1993--Par. (3). Pub. L. 103-66 added subpar. (E), and in closing 
provisions substituted ``subparagraphs (B), (C), (D), and (E) of this 
paragraph'' for ``subparagraphs (B), (C), and (D) of this paragraph,''.
    1992--Par. (1)(L). Pub. L. 102-378, Sec. 2(57)(A)(i), substituted 
``section 8347(q)(1)'' for ``section 8347(p)(1)''.
    Par. (1)(ii). Pub. L. 102-378, Sec. 2(57)(A)(ii), substituted 
``section 8347(q)(2)'' for ``section 8347(p)(2)''.
    Par. (7). Pub. L. 102-378, Sec. 2(57)(B), substituted ``University'' 
for ``College''.
    Par. (26). Pub. L. 102-572 substituted ``Court of Federal Claims'' 
for ``Claims Court'' and ``United States Court of Federal Claims'' for 
``United States Claims Court''.
    1990--Par. (1)(L). Pub. L. 101-508, Sec. 7202(j)(1)(A)-(C), added 
subpar. (L).
    Par. (1)(ii). Pub. L. 101-508, Sec. 7202(j)(1)(D), substituted 
``(besides any employee excluded by clause (x), but including any 
employee who has made an election under section 8347(p)(2) to remain 
covered by a retirement system established for employees described in 
section 2105(c))'' for ``(other than an employee described in clause 
(x)''.
    Par. (1)(v). Pub. L. 101-474 amended cl. (v) generally. Prior to 
amendment, cl. (v) read as follows: ``a temporary employee of the 
Administrative Office of the United States Courts or of a court named by 
section 610 of title 28;''.
    Par. (7). Pub. L. 101-508, Sec. 7202(j)(1)(E), substituted 
``Gallaudet College, and, in the case of an employee described in 
paragraph (1)(L), a nonappropriated fund instrumentality of the 
Department of Defense or the Coast Guard described in section 2105(c)'' 
for ``and Gallaudet College''.
    Par. (26). Pub. L. 101-650 added par. (26).
    1988--Par. (1)(K). Pub. L. 100-679 added subpar. (K).
    Par. (1)(xii). Pub. L. 100-238, Sec. 112, added cl. (xii).
    Par. (18). Pub. L. 100-238, Sec. 123, inserted ``but does not 
include any amount attributable to--
        ``(i) the Federal Employees' Retirement System; or
        ``(ii) contributions made under the Federal Employees' 
    Retirement Contribution Temporary Adjustment Act of 1983 by or on 
    behalf of any individual who became subject to the Federal 
    Employees' Retirement System;''.
    1987--Par. (22). Pub. L. 100-53, Sec. 2(a)(1), amended par. (22) 
generally. Prior to amendment, par. (22) read as follows: `` `bankruptcy 
judge' means an individual appointed under section 34 of the Bankruptcy 
Act (11 U.S.C. 62) or under section 404(d) of the Act of November 6, 
1978 (Public Law 95-598; 92 Stat. 2549)--
        ``(A) who is serving as a United States bankruptcy judge on 
    March 31, 1984;
        ``(B) whose service as United States bankruptcy judge at any 
    time in the period beginning on October 1, 1979, and ending on July 
    10, 1984, is terminated by reason of death or disability; or
        ``(C) who is appointed as a bankruptcy judge under section 152 
    of title 28;''.
    Par. (25). Pub. L. 100-53, Sec. 2(a)(2)-(4), added par. (25).
    1986--Par. (1)(G). Pub. L. 99-335, Sec. 207(f)(1), amended subpar. 
(G) generally, substituting ``first employed'' for ``employed'' and 
inserting ``before October 1, 1987''.
    Par. (1)(ii). Pub. L. 99-335, Sec. 202(a)(1), amended cl. (ii) 
generally, inserting ``(other than an employee described in clause 
(x)''.
    Par. (1)(x). Pub. L. 99-335, Sec. 202(a)(2)-(4), added cl. (x).
    Par. (1)(xi). Pub. L. 99-335, Sec. 207(f)(2), added cl. (xi).
    Par. (2). Pub. L. 99-335, Sec. 202(b), inserted ``, but does not 
include any such Member of Congress who is subject to the Federal 
Employees' Retirement System or who makes an election under section 
8401(20) of this title not to be subject to such System''.
    1984--Par. (22). Pub. L. 98-353, Sec. 116(a)(1), substituted ``of 
November 6, 1978 (Public Law 95-598; 92 Stat. 2549)'' for ``adding this 
paragraph'' in provision preceding subpar. (A).
    Par. (22)(A). Pub. L. 98-531 substituted ``who is serving as a 
United States bankruptcy judge on March 31, 1984;'' for ``who is serving 
as a United States bankruptcy judge on the date of enactment of the 
Bankruptcy Amendments and Federal Judgeship Act of 1984, and continues 
to serve as a bankruptcy judge after such date until either the date on 
which a successor for such judge is appointed, or October 1, 1986, 
whichever date is earlier;''.
    Pub. L. 98-353, Sec. 121(g), substituted ``the day before the date 
of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 
1984'' for ``June 27, 1984''.
    Pub. L. 98-353, Sec. 116(a)(2), substituted ``who is serving as a 
United States bankruptcy judge on the date of enactment of the 
Bankruptcy Amendments and Federal Judgeship Act of 1984, and continues 
to serve as a bankruptcy judge after such date until either the date on 
which a successor for such judge is appointed, or October 1, 1986, 
whichever date is earlier;'' for ``who is serving as a United States 
bankruptcy judge on June 27, 1984, and that has agreed by filing a 
notice of such agreement with the President, the Senate, and the 
Director of the Administrative Office of the United States Courts, to 
accept an appointment as a judge of a United States bankruptcy court 
established under section 201 of this Act but that is not appointed by 
the President as a judge of such court; or''.
    Pub. L. 98-325 substituted ``June 27, 1984'' for ``June 20, 1984''.
    Pub. L. 98-299 substituted ``June 20, 1984'' for ``May 25, 1984''.
    Pub. L. 98-271 substituted ``May 25, 1984'' for ``April 30, 1984''.
    Pub. L. 98-249 substituted ``April 30, 1984'' for ``March 31, 
1984''.
    Par. (22)(B). Pub. L. 98-531 substituted ``whose service as United 
States bankruptcy judge at any time in the period beginning on October 
1, 1979, and ending on July 10, 1984, is terminated by reason of death 
or disability'' for ``whose service as a United States bankruptcy judge 
during the period beginning on October 1, 1979, and ending on the date 
of enactment of the Bankruptcy Amendments and Federal Judgeship Act of 
1984 is terminated by reason of death or disability''.
    Pub. L. 98-353, Sec. 116(a)(3)(A), substituted ``period beginning on 
October 1, 1979, and ending on the date of enactment of the Bankruptcy 
Amendments and Federal Judgeship Act of 1984'' for ``transition 
period''.
    Par. (22)(C). Pub. L. 98-353, Sec. 116(a)(4), added subpar. (C).
    Pars. (23), (24). Pub. L. 98-615 added pars. (23) and (24).
    1982--Par. (8)(B). Pub. L. 97-253, Sec. 306(a), inserted ``, 
including any amounts deposited under section 8334(j) of this title''.
    1980--Par. (6). Pub. L. 96-499 struck out par. (6) which defined 
``disabled'' and ``disability'' as meaning totally disabled or total 
disability for useful and efficient service in the grade or class of 
position last occupied by the employee or Member because of disease or 
injury not due to vicious habits, intemperance, or wilful misconduct on 
his part within 5 years of becoming disabled.
    1979--Par. (2). Pub. L. 96-54, Sec. 2(a)(47)(A), struck out ``and a 
Delegate to Congress,'' after ``title,''.
    Par. (19)(C). Pub. L. 96-54, Sec. 2(a)(47)(B), struck out ``and'' 
after ``determined;''.
    1978--Pars. (1), (17), (20). Pub. L. 95-454 substituted ``Office of 
Personnel Management'' and ``Office'' for ``Civil Service Commission'' 
and ``Commission'', respectively, wherever appearing.
    Par. (22). Pub. L. 95-598 added par. (22).
    1975--Par. (4). Pub. L. 94-183 struck out provision relating to 
member's option of having average pay computed from averaging rates of 
basic pay in effect over all periods of member's service after August 2, 
1946.
    1974--Par. (3). Pub. L. 93-350, Sec. 2(a), added subpar. (D) and 
inserted reference to subpar. (D) in closing provisions of par. (3).
    Pars. (20), (21). Pub. L. 93-350, Sec. 2(b), added pars. (20) and 
(21).
    1972--Par. (1)(J). Pub. L. 92-352 added par. (1)(J).
    1969--Par. (4)(A). Pub. L. 91-93, Sec. 201(a), reduced the number of 
years of creditable service from 5 to 3 consecutive years and provided 
for averaging rate of basic pay over the total service in the case of an 
annuity under subsec. (d) or (e)(1) of section 8341 of this title based 
on service of less than three years.
    Pars. (17) to (19). Pub. L. 91-93, Sec. 101, added pars. (17) to 
(19).
    1968--Par. (3)(B)(ii). Pub. L. 90-623 inserted reference to section 
60e-14 of title 2.
    1966--Par. (3). Pub. L. 89-737 added subpar. (C) and, in the 
exception set out in provisions following subpar. (C), substituted 
reference to subpars. (B) and (C) for reference to subpar. (B).

                         Change of Name

    Words ``magistrate judge'' and ``United States magistrate judge'' 
substituted for ``magistrate'' and ``United States magistrate'', 
respectively, in par. (25) pursuant to section 321 of Pub. L. 101-650, 
set out as a note under section 631 of Title 28, Judiciary and Judicial 
Procedure.
    Gallaudet College, referred to in par. (1)(H), redesignated 
Gallaudet University by section 101(a) of Pub. L. 99-371, which is 
classified to section 4301(a) of Title 20, Education.
    Commissioned Officer Corps of Environmental Science Services 
Administration, referred to in par. (13)(C), changed to Commissioned 
Officer Corps of National Oceanic and Atmospheric Administration, see 
1970 Reorg. Plan No. 4, Sec. 4(d), eff. Oct. 3, 1970, 35 F.R. 15627, 84 
Stat. 2090, set out in the Appendix to this title.


                    Effective Date of 1998 Amendments

    Amendment by Pub. L. 105-277 effective on first day of first 
applicable pay period which begins on or after Oct. 1, 1998, see section 
101(h) [title VI, Sec. 628(e)] of Pub. L. 105-277, set out as a note 
under section 4109 of this title.
    Pub. L. 105-261, div. C, title XXXI, Sec. 3154(m), (n), Oct. 17, 
1998, 112 Stat. 2256, provided that:
    ``(m) Applicability.--Subsections (b) through (l) [amending this 
section and sections 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 
8425 of this title and enacting provisions set out as notes under 
sections 8334, 8348, and 8422 of this title] shall apply only to an 
individual who is employed as a nuclear materials courier, as defined by 
section 8331(27) or 8401(33) of title 5, United States Code (as amended 
by this section), after the later of--
        ``(1) September 30, 1998; or
        ``(2) the date of the enactment of this Act [Oct. 17, 1998].
    ``(n) Effective Dates.--(1) Except as provided in paragraph (2), the 
amendments made by this section [amending this section and sections 
3307, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this 
title] shall take effect at the beginning of the first pay period that 
begins after the later of--
        ``(A) October 1, 1998; or
        ``(B) the date of the enactment of this Act.
    ``(2)(A) The amendments made by subsection (a) [amending section 
3307 of this title] shall take effect on the date of the enactment of 
this Act.
    ``(B) The amendments made by subsections (d) and (k) [amending 
sections 8335 and 8425 of this title] shall take effect 1 year after the 
date of the enactment of this Act.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-353 effective with respect to reemployments 
initiated on or after the first day after the 60-day period beginning 
Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103-353, 
set out as an Effective Date note under section 4301 of Title 38, 
Veterans' Benefits.


                    Effective Date of 1993 Amendment

    Section 13812(c)(1) of Pub. L. 103-66 provided that: ``The 
amendments made by subsection (a) [amending this section] take effect on 
January 1, 1994, and apply only with respect to service performed on or 
after such date.''


                    Effective Date of 1992 Amendments

    Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.
    Amendment by section 2(57)(A) of Pub. L. 102-378 effective Nov. 5, 
1990, and amendment by section 2(57)(B) of Pub. L. 102-378 effective 
Oct. 2, 1992, see section 9(a), (b)(6) of Pub. L. 102-378, set out as a 
note under section 6303 of this title.


                    Effective Date of 1990 Amendments

    Section 306(f) of Pub. L. 101-650, as amended by Pub. L. 102-572, 
title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, provided that: 
``This section and the amendments made by this section [enacting section 
8440b [now 8440c] of this title and section 178 of Title 28, Judiciary 
and Judicial Procedure and amending this section, sections 8334, 8336, 
8339, and 8402 of this title, and sections 376 and 604 of Title 28] 
shall apply to judges of, and senior judges in active service with, the 
United States Court of Federal Claims on or after the date of the 
enactment of this Act [Dec. 1, 1990].''
    Amendment by Pub. L. 101-508 applicable with respect to any 
individual who, on or after Jan. 1, 1987, moves from employment in 
nonappropriated fund instrumentality of Department of Defense or Coast 
Guard, that is described in section 2105(c) of this title, to employment 
in Department or Coast Guard, that is not described in section 2105(c), 
or who moves from employment in Department or Coast Guard, that is not 
described in section 2105(c), to employment in nonappropriated fund 
instrumentality of Department or Coast Guard, that is described in 
section 2105(c), see section 7202(m)(1) of Pub. L. 101-508, set out as a 
note under section 2105 of this title.


                    Effective Date of 1987 Amendment

    Section 3 of Pub. L. 100-53, as amended by Pub. L. 101-650, title 
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117, provided that: ``This Act 
[amending this section and sections 8334, 8336, and 8339 of this title 
and enacting provisions set out as a note under this section] shall take 
effect on October 1, 1987, and shall apply to bankruptcy judges and 
United States magistrate judges in office on that date and to 
individuals subsequently appointed to such positions to whom chapter 83 
of title 5, United States Code, otherwise applies.''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 
702(a) of Pub. L. 99-335, set out as an Effective Date note under 
section 8401 of this title.


                    Effective Date of 1984 Amendments

    Amendment by Pub. L. 98-615 effective May 7, 1985, with enumerated 
exceptions and specific applicability provisions, see section 4(a)(1) of 
Pub. L. 98-615 as amended, set out as a note under section 8341 of this 
title.
    Section 3 of Pub. L. 98-531 provided that:
    ``(a) Except as provided in subsection (b), this Act and the 
amendments made by this Act [renumbering a provision set out as a note 
under section 101 of Title 11, Bankruptcy] shall take effect on July 10, 
1984.
    ``(b) The amendments made by section 2 [amending this section and 
sections 8336 and 8339 of this title] shall take effect on March 31, 
1984.''
    Amendment by Pub. L. 98-353 effective July 10, 1984, see section 
122(a) of Pub. L. 98-353, set out as an Effective Date note under 
section 151 of Title 28, Judiciary and Judicial Procedure.
    Section 116(e) of Pub. L. 98-353 provided that: ``The amendments 
made by this section [amending this section and sections 8334, 8336, and 
8339 of this title] shall take effect on the date of enactment [July 10, 
1984] and shall apply to bankruptcy judges who retire on or after such 
date.''


                    Effective Date of 1982 Amendment

    Section 306(g) of Pub. L. 97-253, as amended by Pub. L. 97-346, 
Sec. 3(e)(2), Oct. 15, 1982, 96 Stat. 1648; Pub. L. 98-369, div. B, 
title II, Sec. 2205, July 18, 1984, 98 Stat. 1059, provided that: ``The 
amendments made by this section [amending this section and sections 
8332, 8334, and 8348 of this title] shall take effect October 1, 1982; 
except that any employee or Member who retired after the date of the 
enactment of this Act [Sept. 8, 1982] and before October 1, 1985, or is 
entitled to an annuity under chapter 83 of title 5, United States Code, 
based on a separation from service occurring during such period, or a 
survivor of such individual, may make a payment under section 8334(j)(1) 
of title 5, United States Code. Regulations required to be issued under 
section 8334(j)(1) of title 5, United States Code, shall be issued by 
the Office of Personnel Management within 90 days after such effective 
date.''


                    Effective Date of 1980 Amendment

    Section 403(c) of Pub. L. 96-499 provided that: ``The amendments 
made by this section [amending this section and section 8337 of this 
title] shall take effect on the 90th day after the date of the enactment 
of this Act [Dec. 5, 1980].''


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendments

    Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section 
402(d) of Pub. L. 95-598, set out as an Effective Date note preceding 
section 101 of Title 11, Bankruptcy.
    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                    Effective Date of 1974 Amendment

    Amendment by section 2(a) of Pub. L. 93-350 effective at beginning 
of first applicable pay period which begins after Dec. 31, 1974, and 
amendment by section 2(b) of Pub. L. 93-350 effective July 12, 1974, see 
section 7 of Pub. L. 93-350, set out as a note under section 3307 of 
this title.


                    Effective Date of 1972 Amendment

    Section 105(b) of Pub. L. 92-352 provided that: ``Subsection (a) of 
this section [amending this section] shall become effective on the first 
day of the second month which begins after its enactment [July 13, 
1972].''


                    Effective Date of 1969 Amendment

    Section 207(a) of Pub. L. 91-93 provided that: ``The amendments made 
by sections 201, 202, 203, and 206(a) of this Act [amending this section 
and sections 8333, 8334, 8339, and 8341 of this title] shall not apply 
in the case of persons retired or otherwise separated prior to the date 
of enactment of this Act [Oct. 20, 1969], and the rights of such persons 
and their survivors shall continue in the same manner and to the same 
extent as if such sections had not been enacted.''


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 intended to restate without substantive 
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of this title.


                    Effective Date of 1966 Amendment

    Amendment by Pub. L. 89-737 applicable with respect to premium pay 
payable from and after first day of first pay period which begins after 
Nov. 2, 1966, see section 4 of Pub. L. 89-737, set out in the note under 
section 8114 of this title.


                      Short Title of 1994 Amendment

    Pub. L. 103-358, Sec. 1, Oct. 14, 1994, 108 Stat. 3420, provided 
that: ``This Act [amending sections 8345, 8437, and 8467 of this title 
and enacting provisions set out as a note under section 8345 of this 
title] may be cited as the `Child Abuse Accountability Act'.''


                      Short Title of 1990 Amendment

    Pub. L. 101-428, Sec. 1(a), Oct. 15, 1990, 104 Stat. 928, provided 
that: ``This Act [amending sections 8335 to 8337, 8339, 8341, 8344, 
8412, and 8425 of this title and enacting provisions set out as notes 
under sections 8335, 8339, and 8425 of this title] may be cited as the 
`Capitol Police Retirement Act'.''


                      Short Title of 1987 Amendment

    Section 1 of Pub. L. 100-53 provided that: ``This Act [amending this 
section and sections 8334, 8336, and 8339 of this title and enacting 
provisions set out as a note under this section] may be cited as the 
`Magistrates' Retirement Parity Act of 1987'.''


                      Short Title of 1986 Amendment

    Pub. L. 99-638, Sec. 2(a), Nov. 10, 1986, 100 Stat. 3535, provided 
that: ``This section [amending sections 2105 and 8332 of this title and 
enacting provisions set out as a note under section 8332 of this title] 
may be cited as the `Nonappropriated Fund Instrumentalities Employees' 
Retirement Credit Act of 1986'.''


                      Short Title of 1984 Amendment

    Section 1 of Pub. L. 98-615 provided: ``That this Act [enacting 
sections 3595a, 4302a and 5406-5410 of this title, amending this section 
and sections 3135, 3393, 3395, 3593-3595, 4312, 4501, 5332, 5334-5336, 
5361, 5362, 5383, 5384, 5401-5405, 5948, 7543, 8334, 8336, 8339, 8341, 
8342, 8345, 8348, 8901-8903, 8905, 8907, 8909, and 8913 of this title, 
section 1602 of Title 10, Armed Forces, and section 731 of Title 31, 
Money and Finance, and enacting provisions set out as notes under 
sections 3131, 3135, 5401, and 8341 of this title] may be cited as the 
`Civil Service Retirement Spouse Equity Act of 1984'.''


                      Short Title of 1969 Amendment

    Section 1 of Pub. L. 91-93 provided: ``That this Act [amending this 
section and sections 1308, 8333, 8334, 8339, 8340, 8341, and 8348 of 
this title, enacting provisions set out as notes under sections 8334, 
8340, 8341, and 8348 of this title, and repealing provisions set out as 
a note under section 8339 of this title] may be cited as the `Civil 
Service Retirement Amendments of 1969'.''


                            Savings Provision

    Section 105(c) of Pub. L. 92-352 provided that: ``The amendments 
made by such subsection (a) [amending this section] shall not apply in 
the cases of persons retired or otherwise separated prior to the 
effective date established under subsection (b) of this section [see 
Effective Date of 1972 Amendment note above], and the rights of such 
persons and their survivors shall continue in the same manner and to the 
same extent as if such amendments had not been enacted.''


                     Supreme Court Police Retirement

    Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 308], Dec. 21, 2000, 
114 Stat. 2762, 2762A-86, provided that:
    ``(a) Supreme Court Police Retirement.--
        ``(1) Service deemed to be service as law enforcement officer.--
    Any period of service performed before the effective date of this 
    section by an individual as a member of the Supreme Court Police, 
    who is such a member on such date, shall be deemed to be service 
    performed as a law enforcement officer for purposes of chapters 83 
    and 84 of title 5, United States Code. Notwithstanding any amendment 
    made by this section, any period of service performed before the 
    effective date of this section by an individual as a member of the 
    Supreme Court Police, who is not such a member on such date, shall 
    be employee service for purposes of chapters 83 and 84 of title 5, 
    United States Code.
        ``(2) Contributions.--The Marshal of the Supreme Court of the 
    United States shall pay an amount determined by the Office of 
    Personnel Management equal to--
            ``(A)(i) the difference between--
                ``(I) the amount that was deducted and withheld from 
            basic pay under chapters 83 and 84 of title 5, United States 
            Code, for the period of service described in the first 
            sentence of paragraph (1); and
                ``(II) the amount that should have been deducted and 
            withheld for such period of service, if it had instead been 
            performed as a law enforcement officer; and
            ``(ii) interest as prescribed under section 8334(e) of title 
        5, United States Code, based on the amount determined under 
        clause (i); and
            ``(B) with respect to the period of service described in 
        subparagraph (A), the difference between the Government 
        contributions that were in fact made to the Civil Service 
        Retirement and Disability Fund for such service, and the amount 
        that would have been required if such service had instead been 
        performed as a law enforcement officer, subject to subsection 
        (f).
        ``(3) Deposit of payments.--Payments under paragraph (2) shall 
    be paid from the salaries and expenses account from appropriations 
    to the Supreme Court of the United States, including any prior year 
    unobligated balances, and deposited in the Civil Service Retirement 
    and Disability Fund.
    ``(b) Amendments to Chapter 83.--[Amended sections 8334 to 8336 and 
8339 of this title.]
    ``(c) Amendments to Chapter 84.--[Amended sections 8412, 8415, 8422, 
8423, and 8425 of this title.]
    ``(d) Payments for Other Liability.--
        ``(1) In general.--The Marshal of the Supreme Court of the 
    United States shall pay into the Civil Service Retirement and 
    Disability Fund an amount determined by the Director of the Office 
    of Personnel Management to be necessary to reimburse the Fund for 
    any estimated increase in the unfunded liability of the Fund 
    resulting from the amendments related to the Civil Service 
    Retirement System under this section, and for any estimated increase 
    in the supplemental liability of the Fund resulting from the 
    amendments related to the Federal Employees' Retirement System under 
    this section.
        ``(2) Installments.--The amount determined under paragraph (1) 
    shall be paid in 5 equal annual installments with interest computed 
    at the rates used in the most recent valuation of the Federal 
    Employees' Retirement System.
        ``(3) Source of funds.--Payments under this subsection shall be 
    made from amounts available from the salaries and expenses account 
    from appropriations to the Supreme Court of the United States, 
    including any prior year unobligated balances.
    ``(e) No Mandatory Separation for a 2-Year Period.--Nothing in 
section 8335(e) or 8425(d) of title 5, United States Code, as added by 
this section, shall require the automatic separation of any member of 
the Supreme Court Police before the end of the 2-year period beginning 
on the effective date of this section.
    ``(f) Nonreduction in Government Contributions.--Notwithstanding any 
other provision of this section, Government contributions to the Civil 
Service Retirement and Disability Fund on behalf of a member of the 
Supreme Court Police shall, with respect to any service performed during 
the period beginning on January 1, 1999, and ending on December 31, 
2002, while subject to the Federal Employees' Retirement System, be 
determined in the same way as if this section had never been enacted.
    ``(g) Savings Provision.--Nothing in this section or in any 
amendment made by this section shall, with respect to any service 
performed before the effective date of such amendment, have the effect 
of reducing the percentage applicable in computing any portion of an 
annuity based on service as a member of the Supreme Court Police below 
the percentage which would otherwise apply if this section had not been 
enacted.
    ``(h) Technical and Conforming Amendments.--[Amended sections 8337, 
8339, 8341, 8343a, and 8344 of this title.]
    ``(i) Applicability.--This section and the amendments made by this 
section shall apply only to an individual who is employed as a member of 
the Supreme Court Police after the later of October 1, 2000, or the date 
of enactment of this Act [Dec. 21, 2000].
    ``(j) Effective Date.--Except as otherwise provided in this section, 
this section and the amendments made by this section shall take effect 
on the first day of the first applicable pay period that begins on the 
later of October 1, 2000, or the date of enactment of this Act.''


              Federal Retirement Coverage Errors Correction

    Pub. L. 106-265, title II, Sept. 19, 2000, 114 Stat. 770, provided 
that:
``SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.
    ``(a) Short Title.--This title may be cited as the `Federal 
Erroneous Retirement Coverage Corrections Act'.
    ``(b) Table of Contents.--[Omitted.]
``SEC. 2002. DEFINITIONS.
    ``For purposes of this title:
        ``(1) Annuitant.--The term `annuitant' has the meaning given 
    such term under section 8331(9) or 8401(2) of title 5, United States 
    Code.
        ``(2) CSRS.--The term `CSRS' means the Civil Service Retirement 
    System.
        ``(3) CSRDF.--The term `CSRDF' means the Civil Service 
    Retirement and Disability Fund.
        ``(4) CSRS covered.--The term `CSRS covered', with respect to 
    any service, means service that is subject to the provisions of 
    subchapter III of chapter 83 of title 5, United States Code, other 
    than service subject to section 8334(k) of such title.
        ``(5) CSRS-offset covered.--The term `CSRS-Offset covered', with 
    respect to any service, means service that is subject to the 
    provisions of subchapter III of chapter 83 of title 5, United States 
    Code, and to section 8334(k) of such title.
        ``(6) Employee.--The term `employee' has the meaning given such 
    term under section 8331(1) or 8401(11) of title 5, United States 
    Code.
        ``(7) Executive director.--The term `Executive Director of the 
    Federal Retirement Thrift Investment Board' or `Executive Director' 
    means the Executive Director appointed under section 8474 of title 
    5, United States Code.
        ``(8) FERS.--The term `FERS' means the Federal Employees' 
    Retirement System.
        ``(9) FERS covered.--The term `FERS covered', with respect to 
    any service, means service that is subject to chapter 84 of title 5, 
    United States Code.
        ``(10) Former employee.--The term `former employee' means an 
    individual who was an employee, but who is not an annuitant.
        ``(11) OASDI taxes.--The term `OASDI taxes' means the OASDI 
    employee tax and the OASDI employer tax.
        ``(12) OASDI employee tax.--The term `OASDI employee tax' means 
    the tax imposed under section 3101(a) of the Internal Revenue Code 
    of 1986 [26 U.S.C. 3101(a)] (relating to Old-Age, Survivors and 
    Disability Insurance).
        ``(13) OASDI employer tax.--The term `OASDI employer tax' means 
    the tax imposed under section 3111(a) of the Internal Revenue Code 
    of 1986 [26 U.S.C. 3111(a)] (relating to Old-Age, Survivors and 
    Disability Insurance).
        ``(14) OASDI trust funds.--The term `OASDI trust funds' means 
    the Federal Old-Age and Survivors Insurance Trust Fund and the 
    Federal Disability Insurance Trust Fund.
        ``(15) Office.--The term `Office' means the Office of Personnel 
    Management.
        ``(16) Retirement coverage determination.--The term `retirement 
    coverage determination' means a determination by an employee or 
    agent of the Government as to whether a particular type of 
    Government service is CSRS covered, CSRS-Offset covered, FERS 
    covered, or Social Security-Only covered.
        ``(17) Retirement coverage error.--The term `retirement coverage 
    error' means an erroneous retirement coverage determination that was 
    in effect for a minimum period of 3 years of service after December 
    31, 1986.
        ``(18) Social security-only covered.--The term `Social Security-
    Only covered', with respect to any service, means Government service 
    that--
            ``(A) constitutes employment under section 210 of the Social 
        Security Act (42 U.S.C. 410); and
            ``(B)(i) is subject to OASDI taxes; but
            ``(ii) is not subject to CSRS or FERS.
        ``(19) Survivor.--The term `survivor' has the meaning given such 
    term under section 8331(10) or 8401(28) of title 5, United States 
    Code.
        ``(20) Thrift savings fund.--The term `Thrift Savings Fund' 
    means the Thrift Savings Fund established under section 8437 of 
    title 5, United States Code.
``SEC. 2003. APPLICABILITY.
    ``(a) In General.--This title shall apply with respect to retirement 
coverage errors that occur before, on, or after the date of the 
enactment of this Act [Sept. 19, 2000].
    ``(b) Limitation.--Except as otherwise provided in this title, this 
title shall not apply to any erroneous retirement coverage determination 
that was in effect for a period of less than 3 years of service after 
December 31, 1986.
``SEC. 2004. IRREVOCABILITY OF ELECTIONS.
    ``Any election made (or deemed to have been made) by an employee or 
any other individual under this title shall be irrevocable.


 ``Subtitle A--Description of Retirement Coverage Errors to Which This 
           Title Applies and Measures for Their Rectification

``chapter 1--employees and annuitants who should have been fers covered, 
 but who were erroneously csrs covered or csrs-offset covered instead, 
             and survivors of such employees and annuitants

``SEC. 2101. EMPLOYEES.
    ``(a) Applicability.--This section shall apply in the case of any 
employee or former employee who should be (or should have been) FERS 
covered but, as a result of a retirement coverage error, is (or was) 
CSRS covered or CSRS-Offset covered instead.
    ``(b) Uncorrected Error.--
        ``(1) Applicability.--This subsection applies if the retirement 
    coverage error has not been corrected before the effective date of 
    the regulations described under paragraph (3). As soon as 
    practicable after discovery of the error, and subject to the right 
    of an election under paragraph (2), if CSRS covered or CSRS-Offset 
    covered, such individual shall be treated as CSRS-Offset covered, 
    retroactive to the date of the retirement coverage error.
        ``(2) Coverage.--
            ``(A) Election.--Upon written notice of a retirement 
        coverage error, an individual may elect to be CSRS-Offset 
        covered or FERS covered, effective as of the date of the 
        retirement coverage error. Such election shall be made not later 
        than 180 days after the date of receipt of such notice.
            ``(B) Nonelection.--If the individual does not make an 
        election by the date provided under subparagraph (A), a CSRS-
        Offset covered individual shall remain CSRS-Offset covered and a 
        CSRS covered individual shall be treated as CSRS-Offset covered.
        ``(3) Regulations.--The Office shall prescribe regulations to 
    carry out this subsection.
    ``(c) Corrected Error.--
        ``(1) Applicability.--This subsection applies if the retirement 
    coverage error was corrected before the effective date of the 
    regulations described under subsection (b).
        ``(2) Coverage.--
            ``(A) Election.--
                ``(i) CSRS-offset covered.--Not later than 180 days 
            after the date of the enactment of this Act [Sept. 19, 
            2000], the Office shall prescribe regulations authorizing 
            individuals to elect, during the 18-month period immediately 
            following the effective date of such regulations, to be 
            CSRS-Offset covered, effective as of the date of the 
            retirement coverage error.
                ``(ii) Thrift savings fund contributions.--If under this 
            section an individual elects to be CSRS-Offset covered, all 
            employee contributions to the Thrift Savings Fund made 
            during the period of FERS coverage (and earnings on such 
            contributions) may remain in the Thrift Savings Fund in 
            accordance with regulations prescribed by the Executive 
            Director, notwithstanding any limit under title 5, United 
            States Code, that would otherwise be applicable.
            ``(B) Previous settlement payment.--An individual who 
        previously received a payment ordered by a court or provided as 
        a settlement of claim for losses resulting from a retirement 
        coverage error shall not be entitled to make an election under 
        this subsection unless that amount is waived in whole or in part 
        under section 2208, and any amount not waived is repaid.
            ``(C) Ineligibility for election.--An individual who, 
        subsequent to correction of the retirement coverage error, 
        received a refund of retirement deductions under section 8424 of 
        title 5, United States Code, or a distribution under section 
        8433(b), (c), or (h)(1)(A) of title 5, United States Code, may 
        not make an election under this subsection.
        ``(3) Corrective action to remain in effect.--If an individual 
    is ineligible to make an election or does not make an election under 
    paragraph (2) before the end of any time limitation under this 
    subsection, the corrective action taken before such time limitation 
    shall remain in effect.
``SEC. 2102. ANNUITANTS AND SURVIVORS.
    ``(a) In General.--This section shall apply in the case of an 
individual who is--
        ``(1) an annuitant who should have been FERS covered but, as a 
    result of a retirement coverage error, was CSRS covered or CSRS-
    Offset covered instead; or
        ``(2) a survivor of an employee who should have been FERS 
    covered but, as a result of a retirement coverage error, was CSRS 
    covered or CSRS-Offset covered instead.
    ``(b) Coverage.--
        ``(1) Election.--Not later than 180 days after the date of the 
    enactment of this Act [Sept. 19, 2000], the Office shall prescribe 
    regulations authorizing an individual described under subsection (a) 
    to elect CSRS-Offset coverage or FERS coverage, effective as of the 
    date of the retirement coverage error.
        ``(2) Time limitation.--An election under this subsection shall 
    be made not later than 18 months after the effective date of the 
    regulations prescribed under paragraph (1).
        ``(3) Reduced annuity.--
            ``(A) Amount in account.--If the individual elects CSRS-
        Offset coverage, the amount in the employee's Thrift Savings 
        Fund account under subchapter III of chapter 84 of title 5, 
        United States Code, on the date of retirement that represents 
        the Government's contributions and earnings on those 
        contributions (whether or not such amount was subsequently 
        distributed from the Thrift Savings Fund) will form the basis 
        for a reduction in the individual's annuity, under regulations 
        prescribed by the Office.
            ``(B) Reduction.--The reduced annuity to which the 
        individual is entitled shall be equal to an amount which, when 
        taken together with the amount referred to in subparagraph (A), 
        would result in the present value of the total being actuarially 
        equivalent to the present value of an unreduced CSRS-Offset 
        annuity that would have been provided the individual.
        ``(4) Reduced benefit.--If--
            ``(A) a surviving spouse elects CSRS-Offset benefits; and
            ``(B) a FERS basic employee death benefit under section 
        8442(b) of title 5, United States Code, was previously paid,
    then the survivor's CSRS-Offset benefit shall be subject to a 
    reduction, under regulations prescribed by the Office. The reduced 
    annuity to which the individual is entitled shall be equal to an 
    amount which, when taken together with the amount of the payment 
    referred to under subparagraph (B) would result in the present value 
    of the total being actuarially equivalent to the present value of an 
    unreduced CSRS-Offset annuity that would have been provided the 
    individual.
        ``(5) Previous settlement payment.--An individual who previously 
    received a payment ordered by a court or provided as a settlement of 
    claim for losses resulting from a retirement coverage error may not 
    make an election under this subsection unless repayment of that 
    amount is waived in whole or in part under section 2208, and any 
    amount not waived is repaid.
    ``(c) Nonelection.--If the individual does not make an election 
under subsection (b) before any time limitation under this section, the 
retirement coverage shall be subject to the following rules:
        ``(1) Corrective action previously taken.--If corrective action 
    was taken before the end of any time limitation under this section, 
    that corrective action shall remain in effect.
        ``(2) Corrective action not previously taken.--If corrective 
    action was not taken before such time limitation, the employee shall 
    be CSRS-Offset covered, retroactive to the date of the retirement 
    coverage error.


  ``chapter 2--employee who should have been fers covered, csrs-offset 
 covered, or csrs covered, but who was erroneously social security-only 
                             covered instead

``SEC. 2111. APPLICABILITY.
    ``This chapter shall apply in the case of any employee who--
        ``(1) should be (or should have been) FERS covered but, as a 
    result of a retirement coverage error, is (or was) Social Security-
    Only covered instead;
        ``(2) should be (or should have been) CSRS-Offset covered but, 
    as a result of a retirement coverage error, is (or was) Social 
    Security-Only covered instead; or
        ``(3) should be (or should have been) CSRS covered but, as a 
    result of a retirement coverage error, is (or was) Social Security-
    Only covered instead.
``SEC. 2112. CORRECTION MANDATORY.
    ``(a) Uncorrected Error.--If the retirement coverage error has not 
been corrected, as soon as practicable after discovery of the error, 
such individual shall be covered under the correct retirement coverage, 
effective as of the date of the retirement coverage error.
    ``(b) Corrected Error.--If the retirement coverage error has been 
corrected, the corrective action previously taken shall remain in 
effect.


``chapter 3--employee who should or could have been social security-only 
  covered but who was erroneously csrs-offset covered or csrs covered 
                                 instead

``SEC. 2121. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED, BUT 
        WHO IS ERRONEOUSLY CSRS OR CSRS-OFFSET COVERED INSTEAD.
    ``(a) Applicability.--This section applies in the case of a 
retirement coverage error in which a Social Security-Only covered 
employee was erroneously CSRS covered or CSRS-Offset covered.
    ``(b) Uncorrected Error.--
        ``(1) Applicability.--This subsection applies if the retirement 
    coverage error has not been corrected before the effective date of 
    the regulations described in paragraph (3).
        ``(2) Coverage.--In the case of an individual who is erroneously 
    CSRS covered, as soon as practicable after discovery of the error, 
    and subject to the right of an election under paragraph (3), such 
    individual shall be CSRS-Offset covered, effective as of the date of 
    the retirement coverage error.
        ``(3) Election.--
            ``(A) In general.--Upon written notice of a retirement 
        coverage error, an individual may elect to be CSRS-Offset 
        covered or Social Security-Only covered, effective as of the 
        date of the retirement coverage error. Such election shall be 
        made not later than 180 days after the date of receipt of such 
        notice.
            ``(B) Nonelection.--If the individual does not make an 
        election before the date provided under subparagraph (A), the 
        individual shall remain CSRS-Offset covered.
            ``(C) Regulations.--The Office shall prescribe regulations 
        to carry out this paragraph.
    ``(c) Corrected Error.--
        ``(1) Applicability.--This subsection applies if the retirement 
    coverage error was corrected before the effective date of the 
    regulations described under subsection (b)(3).
        ``(2) Election.--Not later than 180 days after the date of the 
    enactment of this Act [Sept. 19, 2000], the Office shall prescribe 
    regulations authorizing individuals to elect, during the 18-month 
    period immediately following the effective date of such regulations, 
    to be CSRS-Offset covered or Social Security-Only covered, effective 
    as of the date of the retirement coverage error.
        ``(3) Nonelection.--If an eligible individual does not make an 
    election under paragraph (2) before the end of any time limitation 
    under this subsection, the corrective action taken before such time 
    limitation shall remain in effect.


         ``chapter 4--employee who was erroneously fers covered

``SEC. 2131. EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED, CSRS 
        COVERED, OR CSRS-OFFSET COVERED AND IS NOT FERS-ELIGIBLE, BUT 
        WHO IS ERRONEOUSLY FERS COVERED INSTEAD.
    ``(a) Applicability.--This section applies in the case of a 
retirement coverage error in which a Social Security-Only covered, CSRS 
covered, or CSRS-Offset covered employee not eligible to elect FERS 
coverage under authority of section 8402(c) of title 5, United States 
Code, was erroneously FERS covered.
    ``(b) Uncorrected Error.--
        ``(1) Applicability.--This subsection applies if the retirement 
    coverage error has not been corrected before the effective date of 
    the regulations described in paragraph (2).
        ``(2) Coverage.--
            ``(A) Election.--
                ``(i) In general.--Upon written notice of a retirement 
            coverage error, an individual may elect to remain FERS 
            covered or to be Social Security-Only covered, CSRS covered, 
            or CSRS-Offset covered, as would have applied in the absence 
            of the erroneous retirement coverage determination, 
            effective as of the date of the retirement coverage error. 
            Such election shall be made not later than 180 days after 
            the date of receipt of such notice.
                ``(ii) Treatment of fers election.--An election of FERS 
            coverage under this subsection is deemed to be an election 
            under section 301 of the Federal Employees Retirement System 
            Act of 1986 (5 U.S.C. 8331 note; Public Law 99-335; 100 
            Stat. 599).
            ``(B) Nonelection.--If the individual does not make an 
        election before the date provided under subparagraph (A), the 
        individual shall remain FERS covered, effective as of the date 
        of the retirement coverage error.
        ``(3) Employee contributions in thrift savings fund.--If under 
    this section, an individual elects to be Social Security-Only 
    covered, CSRS covered, or CSRS-Offset covered, all employee 
    contributions to the Thrift Savings Fund made during the period of 
    erroneous FERS coverage (and all earnings on such contributions) may 
    remain in the Thrift Savings Fund in accordance with regulations 
    prescribed by the Executive Director, notwithstanding any limit 
    under section 8351 or 8432 of title 5, United States Code.
        ``(4) Regulations.--Except as provided under paragraph (3), the 
    Office shall prescribe regulations to carry out this subsection.
    ``(c) Corrected Error.--
        ``(1) Applicability.--This subsection applies if the retirement 
    coverage error was corrected before the effective date of the 
    regulations described under paragraph (2).
        ``(2) Election.--Not later than 180 days after the date of the 
    enactment of this Act [Sept. 19, 2000], the Office shall prescribe 
    regulations authorizing individuals to elect, during the 18-month 
    period immediately following the effective date of such regulations 
    to remain Social Security-Only covered, CSRS covered, or CSRS-Offset 
    covered, or to be FERS covered, effective as of the date of the 
    retirement coverage error.
        ``(3) Nonelection.--If an eligible individual does not make an 
    election under paragraph (2), the corrective action taken before the 
    end of any time limitation under this subsection shall remain in 
    effect.
        ``(4) Treatment of fers election.--An election of FERS coverage 
    under this subsection is deemed to be an election under section 301 
    of the Federal Employees Retirement System Act of 1986 (5 U.S.C. 
    8331 note; Public Law 99-335; 100 Stat. 599).
``SEC. 2132. FERS-ELIGIBLE EMPLOYEE WHO SHOULD HAVE BEEN CSRS COVERED, 
        CSRS-OFFSET COVERED, OR SOCIAL SECURITY-ONLY COVERED, BUT WHO 
        WAS ERRONEOUSLY FERS COVERED INSTEAD WITHOUT AN ELECTION.
    ``(a) In General.--
        ``(1) FERS election prevented.--If an individual was prevented 
    from electing FERS coverage because the individual was erroneously 
    FERS covered during the period when the individual was eligible to 
    elect FERS under title III of the Federal Employees Retirement 
    System Act [Pub. L. 99-335] or the Federal Employees' Retirement 
    System Open Enrollment Act of 1997 (Public Law 105-61; 111 Stat. 
    1318 et seq.) [5 U.S.C. 8331 notes], the individual--
            ``(A) is deemed to have elected FERS coverage; and
            ``(B) shall remain covered by FERS, unless the individual 
        declines, under regulations prescribed by the Office, to be FERS 
        covered.
        ``(2) Declining fers coverage.--If an individual described under 
    paragraph (1)(B) declines to be FERS covered, such individual shall 
    be CSRS covered, CSRS-Offset covered, or Social Security-Only 
    covered, as would apply in the absence of a FERS election, effective 
    as of the date of the erroneous retirement coverage determination.
    ``(b) Employee Contributions in Thrift Savings Fund.--If under this 
section, an individual declines to be FERS covered and instead is Social 
Security-Only covered, CSRS covered, or CSRS-Offset covered, as would 
apply in the absence of a FERS election, all employee contributions to 
the Thrift Savings Fund made during the period of erroneous FERS 
coverage (and all earnings on such contributions) may remain in the 
Thrift Savings Fund in accordance with regulations prescribed by the 
Executive Director, notwithstanding any limit under title 5, United 
States Code, that would otherwise be applicable.
    ``(c) Inapplicability of Duration of Erroneous Coverage.--This 
section shall apply regardless of the length of time the erroneous 
coverage determination remained in effect.
``SEC. 2133. RETROACTIVE EFFECT.
    ``This chapter shall be effective as of January 1, 1987, except that 
section 2132 shall not apply to individuals who made or were deemed to 
have made elections similar to those provided in this section under 
regulations prescribed by the Office before the effective date of this 
title.


``chapter 5--employee who should have been csrs-offset covered, but who 
                  was erroneously csrs covered instead

``SEC. 2141. APPLICABILITY.
    ``This chapter shall apply in the case of any employee who should be 
(or should have been) CSRS-Offset covered but, as a result of a 
retirement coverage error, is (or was) CSRS covered instead.
``SEC. 2142. CORRECTION MANDATORY.
    ``(a) Uncorrected Error.--If the retirement coverage error has not 
been corrected, as soon as practicable after discovery of the error, 
such individual shall be covered under the correct retirement coverage, 
effective as of the date of the retirement coverage error.
    ``(b) Corrected Error.--If the retirement coverage error has been 
corrected before the effective date of this title, the corrective action 
taken before such date shall remain in effect.


  ``chapter 6--employee who should have been csrs covered, but who was 
                 erroneously csrs-offset covered instead

``SEC. 2151. APPLICABILITY.
    ``This chapter shall apply in the case of any employee who should be 
(or should have been) CSRS covered but, as a result of a retirement 
coverage error, is (or was) CSRS-Offset covered instead.
``SEC. 2152. CORRECTION MANDATORY.
    ``(a) Uncorrected Error.--If the retirement coverage error has not 
been corrected, as soon as practicable after discovery of the error, 
such individual shall be covered under the correct retirement coverage, 
effective as of the date of the retirement coverage error.
    ``(b) Corrected Error.--If the retirement coverage error has been 
corrected before the effective date of this title, the corrective action 
taken before such date shall remain in effect.


                    ``Subtitle B--General Provisions

``SEC. 2201. IDENTIFICATION AND NOTIFICATION REQUIREMENTS.
    ``Government agencies shall take all such measures as may be 
reasonable and appropriate to promptly identify and notify individuals 
who are (or have been) affected by a retirement coverage error of their 
rights under this title.
``SEC. 2202. INFORMATION TO BE FURNISHED TO AND BY AUTHORITIES 
        ADMINISTERING THIS TITLE.
    ``(a) Applicability.--The authorities identified in this subsection 
are--
        ``(1) the Director of the Office of Personnel Management;
        ``(2) the Commissioner of Social Security; and
        ``(3) the Executive Director of the Federal Retirement Thrift 
    Investment Board.
    ``(b) Authority To Obtain Information.--Each authority identified in 
subsection (a) may secure directly from any department or agency of the 
United States information necessary to enable such authority to carry 
out its responsibilities under this title. Upon request of the authority 
involved, the head of the department or agency involved shall furnish 
that information to the requesting authority.
    ``(c) Authority To Provide Information.--Each authority identified 
in subsection (a) may provide directly to any department or agency of 
the United States all information such authority believes necessary to 
enable the department or agency to carry out its responsibilities under 
this title.
    ``(d) Limitation; Safeguards.--Each of the respective authorities 
under subsection (a) shall--
        ``(1) request or provide only such information as that authority 
    considers necessary; and
        ``(2) establish, by regulation or otherwise, appropriate 
    safeguards to ensure that any information obtained under this 
    section shall be used only for the purpose authorized.
``SEC. 2203. SERVICE CREDIT DEPOSITS.
    ``(a) CSRS Deposit.--In the case of a retirement coverage error in 
which--
        ``(1) a FERS covered employee was erroneously CSRS covered or 
    CSRS-Offset covered;
        ``(2) the employee made a service credit deposit under the CSRS 
    rules; and
        ``(3) there is a subsequent retroactive change to FERS coverage,
the excess of the amount of the CSRS civilian or military service credit 
deposit over the FERS civilian or military service credit deposit, 
together with interest computed in accordance with paragraphs (2) and 
(3) of section 8334(e) of title 5, United States Code, and regulations 
prescribed by the Office, shall be paid to the employee, the annuitant 
or, in the case of a deceased employee, to the individual entitled to 
lump-sum benefits under section 8424(d) of title 5, United States Code.
    ``(b) FERS Deposit.--
        ``(1) Applicability.--This subsection applies in the case of an 
    erroneous retirement coverage determination in which--
            ``(A) the employee owed a service credit deposit under 
        section 8411(f) of title 5, United States Code; and
            ``(B)(i) there is a subsequent retroactive change to CSRS or 
        CSRS-Offset coverage; or
            ``(ii) the service becomes creditable under chapter 83 of 
        title 5, United States Code.
        ``(2) Reduced annuity.--
            ``(A) In general.--If at the time of commencement of an 
        annuity there is remaining unpaid CSRS civilian or military 
        service credit deposit for service described under paragraph 
        (1), the annuity shall be reduced based upon the amount unpaid 
        together with interest computed in accordance with section 
        8334(e)(2) and (3) of title 5, United States Code, and 
        regulations prescribed by the Office.
            ``(B) Amount.--The reduced annuity to which the individual 
        is entitled shall be equal to an amount that, when taken 
        together with the amount referred to under subparagraph (A), 
        would result in the present value of the total being actuarially 
        equivalent to the present value of the unreduced annuity benefit 
        that would have been provided the individual.
        ``(3) Survivor annuity.--
            ``(A) In general.--If at the time of commencement of a 
        survivor annuity, there is remaining unpaid any CSRS service 
        credit deposit described under paragraph (1), and there has been 
        no actuarial reduction in an annuity under paragraph (2), the 
        survivor annuity shall be reduced based upon the amount unpaid 
        together with interest computed in accordance with section 
        8334(e)(2) and (3) of title 5, United States Code, and 
        regulations prescribed by the Office.
            ``(B) Amount.--The reduced survivor annuity to which the 
        individual is entitled shall be equal to an amount that, when 
        taken together with the amount referred to under subparagraph 
        (A), would result in the present value of the total being 
        actuarially equivalent to the present value of an unreduced 
        survivor annuity benefit that would have been provided the 
        individual.
``SEC. 2204. PROVISIONS RELATED TO SOCIAL SECURITY COVERAGE OF 
        MISCLASSIFIED EMPLOYEES.
    ``(a) Definitions.--In this section, the term--
        ``(1) `covered individual' means any employee, former employee, 
    or annuitant who--
            ``(A) is or was employed erroneously subject to CSRS 
        coverage as a result of a retirement coverage error; and
            ``(B) is or was retroactively converted to CSRS-offset 
        coverage, FERS coverage, or Social Security-Only coverage; and
        ``(2) `excess CSRS deduction amount' means an amount equal to 
    the difference between the CSRS deductions withheld and the CSRS-
    Offset or FERS deductions, if any, due with respect to a covered 
    individual during the entire period the individual was erroneously 
    subject to CSRS coverage as a result of a retirement coverage error.
    ``(b) Reports to Commissioner of Social Security.--
        ``(1) In general.--In order to carry out the Commissioner of 
    Social Security's responsibilities under title II of the Social 
    Security Act [42 U.S.C. 401 et seq.], the Commissioner may request 
    the head of each agency that employs or employed a covered 
    individual to report (in coordination with the Office of Personnel 
    Management) in such form and within such timeframe as the 
    Commissioner may specify, any or all of--
            ``(A) the total wages (as defined in section 3121(a) of the 
        Internal Revenue Code of 1986 [26 U.S.C. 3121(a)]) paid to such 
        individual during each year of the entire period of the 
        erroneous CSRS coverage; and
            ``(B) such additional information as the Commissioner may 
        require for the purpose of carrying out the Commissioner's 
        responsibilities under title II of the Social Security Act (42 
        U.S.C. 401 et seq.).
        ``(2) Compliance.--The head of an agency or the Office shall 
    comply with a request from the Commissioner under paragraph (1).
        ``(3) Wages.--For purposes of section 201 of the Social Security 
    Act (42 U.S.C. 401), wages reported under this subsection shall be 
    deemed to be wages reported to the Secretary of the Treasury or the 
    Secretary's delegates pursuant to subtitle F of the Internal Revenue 
    Code of 1986 [26 U.S.C. 6001 et seq.].
    ``(c) Payment Relating to OASDI Employee Taxes.--The Office shall 
transfer from the Civil Service Retirement and Disability Fund to the 
General Fund of the Treasury an amount equal to the lesser of the excess 
CSRS deduction amount or the OASDI taxes due for covered individuals (as 
adjusted by amounts transferred relating to applicable OASDI employee 
taxes as a result of corrections made, including corrections made before 
the date of the enactment of this Act [Sept. 19, 2000]). If the excess 
CSRS deductions exceed the OASDI taxes, any difference shall be paid to 
the covered individual or survivors, as appropriate.
    ``(d) Payment of OASDI Employer Taxes.--
        ``(1) In general.--Each employing agency shall pay an amount 
    equal to the OASDI employer taxes owed with respect to covered 
    individuals during the applicable period of erroneous coverage (as 
    adjusted by amounts transferred for the payment of such taxes as a 
    result of corrections made, including corrections made before the 
    date of the enactment of this Act [Sept. 19, 2000]).
        ``(2) Payment.--Amounts paid under this subsection shall be 
    determined subject to any limitation under section 6501 of the 
    Internal Revenue Code of 1986 [26 U.S.C. 6501].
``SEC. 2205. THRIFT SAVINGS PLAN TREATMENT FOR CERTAIN INDIVIDUALS.
    ``(a) Applicability.--This section applies to an individual who--
        ``(1) is eligible to make an election of coverage under section 
    2101 or 2102, and only if FERS coverage is elected (or remains in 
    effect) for the employee involved; or
        ``(2) is described in section 2111, and makes or has made 
    retroactive employee contributions to the Thrift Savings Fund under 
    regulations prescribed by the Executive Director.
    ``(b) Payment Into Thrift Savings Fund.--
        ``(1) In general.--
            ``(A) Payment.--With respect to an individual to whom this 
        section applies, the employing agency shall pay to the Thrift 
        Savings Fund under subchapter III of chapter 84 of title 5, 
        United States Code, for credit to the account of the employee 
        involved, an amount equal to the earnings which are disallowed 
        under section 8432a(a)(2) of such title on the employee's 
        retroactive contributions to such Fund.
            ``(B) Amount.--Earnings under subparagraph (A) shall be 
        computed in accordance with the procedures for computing lost 
        earnings under section 8432a of title 5, United States Code. The 
        amount paid by the employing agency shall be treated for all 
        purposes as if that amount had actually been earned on the basis 
        of the employee's contributions.
            ``(C) Exceptions.--If an individual made retroactive 
        contributions before the effective date of the regulations under 
        section 2101(c), the Director may provide for an alternative 
        calculation of lost earnings to the extent that a calculation 
        under subparagraph (B) is not administratively feasible. The 
        alternative calculation shall yield an amount that is as close 
        as practicable to the amount computed under subparagraph (B), 
        taking into account earnings previously paid.
        ``(2) Additional employee contribution.--In cases in which the 
    retirement coverage error was corrected before the effective date of 
    the regulations under section 2101(c), the employee involved shall 
    have an additional opportunity to make retroactive contributions for 
    the period of the retirement coverage error (subject to applicable 
    limits), and such contributions (including any contributions made 
    after the date of the correction) shall be treated in accordance 
    with paragraph (1).
    ``(c) Regulations.--
        ``(1) Executive director.--The Executive Director shall 
    prescribe regulations appropriate to carry out this section relating 
    to retroactive employee contributions and payments made on or after 
    the effective date of the regulations under section 2101(c).
        ``(2) Office.--The Office, in consultation with the Federal 
    Retirement Thrift Investment Board, shall prescribe regulations 
    appropriate to carry out this section relating to the calculation of 
    lost earnings on retroactive employee contributions made before the 
    effective date of the regulations under section 2101(c).
``SEC. 2206. CERTAIN AGENCY AMOUNTS TO BE PAID INTO OR REMAIN IN THE 
        CSRDF.
    ``(a) Certain Excess Agency Contributions To Remain in the CSRDF.--
        ``(1) In general.--Any amount described under paragraph (2) 
    shall--
            ``(A) remain in the CSRDF; and
            ``(B) may not be paid or credited to an agency.
        ``(2) Amounts.--Paragraph (1) refers to any amount of 
    contributions made by an agency under section 8423 of title 5, 
    United States Code, on behalf of any employee, former employee, or 
    annuitant (or survivor of such employee, former employee, or 
    annuitant) who makes an election to correct a retirement coverage 
    error under this title, that the Office determines to be excess as a 
    result of such election.
    ``(b) Additional Employee Retirement Deductions To Be Paid by 
Agency.--If a correction in a retirement coverage error results in an 
increase in employee deductions under section 8334 or 8422 of title 5, 
United States Code, that cannot be fully paid by a reallocation of 
otherwise available amounts previously deducted from the employee's pay 
as employment taxes or retirement deductions, the employing agency--
        ``(1) shall pay the required additional amount into the CSRDF; 
    and
        ``(2) shall not seek repayment of that amount from the employee, 
    former employee, annuitant, or survivor.
``SEC. 2207. CSRS COVERAGE DETERMINATIONS TO BE APPROVED BY OPM.
    ``No agency shall place an individual under CSRS coverage unless--
        ``(1) the individual has been employed with CSRS coverage within 
    the preceding 365 days; or
        ``(2) the Office has agreed in writing that the agency's 
    coverage determination is correct.
``SEC. 2208. DISCRETIONARY ACTIONS BY DIRECTOR.
    ``(a) In General.--The Director of the Office of Personnel 
Management may--
        ``(1) extend the deadlines for making elections under this title 
    in circumstances involving an individual's inability to make a 
    timely election due to a cause beyond the individual's control;
        ``(2) provide for the reimbursement of necessary and reasonable 
    expenses incurred by an individual with respect to settlement of a 
    claim for losses resulting from a retirement coverage error, 
    including attorney's fees, court costs, and other actual expenses;
        ``(3) compensate an individual for monetary losses that are a 
    direct and proximate result of a retirement coverage error, 
    excluding claimed losses relating to forgone contributions and 
    earnings under the Thrift Savings Plan under subchapter III of 
    chapter 84 of title 5, United States Code, and all other investment 
    opportunities; and
        ``(4) waive payments required due to correction of a retirement 
    coverage error under this title.
    ``(b) Similar Actions.--In exercising the authority under this 
section, the Director shall, to the extent practicable, provide for 
similar actions in situations involving similar circumstances.
    ``(c) Judicial Review.--Actions taken under this section are final 
and conclusive, and are not subject to administrative or judicial 
review.
    ``(d) Regulations.--The Office of Personnel Management shall 
prescribe regulations regarding the process and criteria used in 
exercising the authority under this section.
    ``(e) Report.--The Office of Personnel Management shall, not later 
than 180 days after the date of the enactment of this Act [Sept. 19, 
2000], and annually thereafter for each year in which the authority 
provided in this section is used, submit a report to each House of 
Congress on the operation of this section.
``SEC. 2209. REGULATIONS.
    ``(a) In General.--In addition to the regulations specifically 
authorized in this title, the Office may prescribe such other 
regulations as are necessary for the administration of this title.
    ``(b) Former Spouse.--The regulations prescribed under this title 
shall provide for protection of the rights of a former spouse with 
entitlement to an apportionment of benefits or to survivor benefits 
based on the service of the employee.


                     ``Subtitle C--Other Provisions

``SEC. 2301. PROVISIONS TO AUTHORIZE CONTINUED CONFORMITY OF OTHER 
        FEDERAL RETIREMENT SYSTEMS.
    ``(a) Foreign Service.--Sections 827 and 851 of the Foreign Service 
Act of 1980 (22 U.S.C. 4067 and 4071) shall apply with respect to this 
title in the same manner as if this title were part of--
        ``(1) the Civil Service Retirement System, to the extent this 
    title relates to the Civil Service Retirement System; and
        ``(2) the Federal Employees' Retirement System, to the extent 
    this title relates to the Federal Employees' Retirement System.
    ``(b) Central Intelligence Agency.--Sections 292 and 301 of the 
Central Intelligence Agency Retirement Act (50 U.S.C. 2141 and 2151) 
shall apply with respect to this title in the same manner as if this 
title were part of--
        ``(1) the Civil Service Retirement System, to the extent this 
    title relates to the Civil Service Retirement System; and
        ``(2) the Federal Employees' Retirement System, to the extent 
    this title relates to the Federal Employees' Retirement System.
``SEC. 2302. AUTHORIZATION OF PAYMENTS.
    ``All payments authorized or required by this title to be paid from 
the Civil Service Retirement and Disability Fund, together with 
administrative expenses incurred by the Office in administering this 
title, shall be deemed to have been authorized to be paid from that 
Fund, which is appropriated for the payment thereof.
``SEC. 2303. INDIVIDUAL RIGHT OF ACTION PRESERVED FOR AMOUNTS NOT 
        OTHERWISE PROVIDED FOR UNDER THIS TITLE.
    ``Nothing in this title shall preclude an individual from bringing a 
claim against the Government of the United States which such individual 
may have under section 1346(b) or chapter 171 of title 28, United States 
Code, or any other provision of law (except to the extent the claim is 
for any amounts otherwise provided for under this title).


                      ``Subtitle D--Effective Date

``SEC. 2401. EFFECTIVE DATE.
    ``Except as otherwise provided in this title, this title shall take 
effect on the date of the enactment of this Act [Sept. 19, 2000].''


    Federal Employees' Retirement System Open Enrollment Act of 1997

    Pub. L. 105-61, title VI, Sec. 642(a)-(c), Oct. 10, 1997, 111 Stat. 
1318, as amended by Pub. L. 105-66, title III, Sec. 348, Oct. 27, 1997, 
111 Stat. 1451, known as the ``Federal Employees' Retirement System Open 
Enrollment Act of 1997'', provided that any individual who, as of Jan. 
1, 1998, was employed by the Federal Government, and on such date was 
subject to subchapter III of chapter 83 of this title, other than a 
Member of Congress, could elect to become subject to chapter 84 of this 
title, and directed Office of Personnel Management to promulgate 
regulations which would provide for an election to be made not before 
July 1, 1998, or after Dec. 31, 1998.


 Pilot Programs for Defense Employees Converted to Contractor Employees 
          Due to Privatization at Closed Military Installations

    Pub. L. 104-201, div. A, title XVI, Sec. 1616, Sept. 23, 1996, 110 
Stat. 2741, provided that:
    ``(a) Pilot Programs Authorized.--(1) The Secretary of Defense, 
after consultation with the Director of the Office of Personnel 
Management, may establish one or more pilot programs under which Federal 
retirement benefits are provided in accordance with this section to 
persons who convert from Federal employment to employment by a 
Department of Defense contractor in connection with the privatization of 
the performance of functions at selected military installations being 
closed under the base closure and realignment process.
    ``(2) The Secretary of Defense shall select the military 
installations to be covered by a pilot program under this section.
    ``(b) Eligible Converted Employees.--(1) A person is a converted 
employee eligible for Federal retirement benefits under this section if 
the person is a former employee of the Department of Defense (other than 
a temporary employee) who--
        ``(A) while employed by the Department of Defense at a military 
    installation selected to participate in a pilot program, performed a 
    function that was recommended, in a report of the Defense Base 
    Closure and Realignment Commission submitted to the President under 
    the Defense Base Closure and Realignment Act of 1990 ([part A of] 
    title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), to be 
    privatized for performance by a defense contractor at the same 
    installation or in the vicinity of the installation;
        ``(B) while so employed, separated from Federal service after 
    being notified that the employee would be separated in a reduction 
    in force resulting from such privatization;
        ``(C) at the time separated from Federal service, was covered 
    under the Civil Service Retirement System, but was not eligible for 
    an immediate annuity under the Civil Service Retirement System;
        ``(D) does not withdraw retirement contributions under section 
    8342 of title 5, United States Code;
        ``(E) within 60 days following such separation, is employed by 
    the defense contractor selected to privatize the function to perform 
    substantially the same function performed by the person before the 
    separation; and
        ``(F) remains employed by the defense contractor (or a successor 
    defense contractor) or subcontractor of the defense contractor (or 
    successor defense contractor) until attaining early deferred 
    retirement age (unless the employment is sooner involuntarily 
    terminated for reasons other than performance or conduct of the 
    employee).
    ``(2) A person who, under paragraph (1), would otherwise be eligible 
for an early deferred annuity under this section shall not be eligible 
for such benefits if the person received separation pay or severance pay 
due to a separation described in subparagraph (B) of that paragraph 
unless the person repays the full amount of such pay with interest 
(computed at a rate determined appropriate by the Director of the Office 
of Personnel Management) to the Department of Defense before attaining 
early deferred retirement age.
    ``(c) Retirement Benefits of Converted Employees.--In the case of a 
converted employee covered by a pilot program, payment of a deferred 
annuity for which the converted employee is eligible under section 
8338(a) of title 5, United States Code, shall commence on the first day 
of the first month that begins after the date on which the converted 
employee attains early deferred retirement age, notwithstanding the age 
requirement under that section. If the employment of a converted 
employee is involuntarily terminated by the defense contractor or 
subcontractor as described in subsection (b)(1)(F) and the converted 
employee resumes Federal service before the converted employee attains 
early deferred retirement age, the converted employee shall once again 
be covered under the Civil Service Retirement System instead of the 
pilot program.
    ``(d) Computation of Average Pay.--(1)(A) This paragraph applies to 
a converted employee who was employed in a position classified under the 
General Schedule immediately before the employee's covered separation 
from Federal service.
    ``(B) Subject to subparagraph (C), for purposes of computing the 
deferred annuity for a converted employee referred to in subparagraph 
(A), the average pay of the converted employee, computed under section 
8331(4) of title 5, United States Code, as of the date of the employee's 
covered separation from Federal service, shall be adjusted at the same 
time and by the same percentage that rates of basic pay are increased 
under section 5303 of such title during the period beginning on that 
date and ending on the date on which the converted employee attains 
early deferred retirement age.
    ``(C) The average pay of a converted employee, as adjusted under 
subparagraph (B), may not exceed the amount to which an annuity of the 
converted employee could be increased under section 8340 of title 5, 
United States Code, in accordance with the limitation in subsection 
(g)(1) of such section (relating to maximum pay, final pay, or average 
pay).
    ``(2)(A) This paragraph applies to a converted employee who was a 
prevailing rate employee (as defined under section 5342(2) [5342(a)(2)] 
of title 5, United States Code) immediately before the employee's 
covered separation from Federal service.
    ``(B) For purposes of computing the deferred annuity for a converted 
employee referred to in subparagraph (A), the average pay of the 
converted employee, computed under section 8331(4) of title 5, United 
States Code, as of the date of the employee's covered separation from 
Federal service, shall be adjusted at the same time and by the same 
percentage that pay rates for positions that are in the same area as, 
and are comparable to, the last position the converted employee held as 
a prevailing rate employee, are increased under section 5343(a) of such 
title during the period beginning on that date and ending on the date on 
which the converted employee attains early deferred retirement age.
    ``(e) Payment of Unfunded Liability.--(1) The military department 
concerned shall be liable for that portion of any estimated increase in 
the unfunded liability of the Civil Service Retirement and Disability 
Fund established under section 8348 of title 5, United States Code, 
which is attributable to any benefits payable from such Fund to a 
converted employee, and any survivor of a converted employee, when the 
increase results from--
        ``(A) an increase in the average pay of the converted employee 
    under subsection (d) upon which such benefits are computed; and
        ``(B) the commencement of an early deferred annuity in 
    accordance with this section before the attainment of 62 years of 
    age by the converted employee.
    ``(2) The estimated increase in the unfunded liability for each 
department referred to in paragraph (1) shall be determined by the 
Director of the Office of Personnel Management. In making the 
determination, the Director shall consider any savings to the Fund as a 
result of a pilot program established under this section. The Secretary 
of the military department concerned shall pay the amount so determined 
to the Director in 10 equal annual installments with interest computed 
at the rate used in the most recent valuation of the Civil Service 
Retirement System, with the first payment thereof due at the end of the 
fiscal year in which an increase in average pay under subsection (d) 
becomes effective.
    ``(f) Contractor Service Not Creditable.--Service performed by a 
converted employee for a defense contractor after the employee's covered 
separation from Federal service is not creditable service for purposes 
of subchapter III of chapter 83 of title 5, United States Code.
    ``(g) Receipt of Benefits While Employed by a Defense Contractor.--A 
converted employee may commence receipt of an early deferred annuity in 
accordance with this section while continuing to work for a defense 
contractor.
    ``(h) Lump-Sum Credit Payment.--If a converted employee dies before 
attaining early deferred retirement age, such employee shall be treated 
as a former employee who dies not retired for purposes of payment of the 
lump-sum credit under section 8342(d) of title 5, United States Code.
    ``(i) Continued Federal Health Benefits Coverage.--Notwithstanding 
section 8905a(e)(1)(A) of title 5, United States Code, the continued 
coverage of a converted employee for health benefits under chapter 89 of 
such title by reason of the application of section 8905a of such title 
to such employee shall terminate 90 days after the date of the 
employee's covered separation from Federal employment. For the purposes 
of the preceding sentence, a person who, except for subsection (b)(2), 
would be a converted employee shall be considered a converted employee.
    ``(j) Report by General Accounting Office.--The Comptroller General 
shall conduct a study of each pilot program, if any, established under 
this section and submit a report on the pilot program to Congress not 
later than two years after the date on which the program is established. 
The report shall contain the following:
        ``(1) A review and evaluation of the program, including--
            ``(A) an evaluation of the success of the privatization 
        outcomes of the program;
            ``(B) a comparison and evaluation of such privatization 
        outcomes with the privatization outcomes with respect to 
        facilities at other military installations closed or realigned 
        under the base closure laws;
            ``(C) an evaluation of the impact of the program on the 
        Federal workforce and whether the program results in the 
        maintenance of a skilled workforce for defense contractors at an 
        acceptable cost to the military department concerned; and
            ``(D) an assessment of the extent to which the program is a 
        cost-effective means of facilitating privatization of the 
        performance of Federal activities.
        ``(2) Recommendations relating to the expansion of the program 
    to other installations and employees.
        ``(3) Any other recommendation relating to the program.
    ``(k) Implementing Regulations.--Not later than 30 days after the 
Secretary of Defense notifies the Director of the Office of Personnel 
Management of a decision to establish a pilot program under this 
section, the Director shall prescribe regulations to carry out the 
provisions of this section with respect to that pilot program. Before 
prescribing the regulations, the Director shall consult with the 
Secretary.
    ``(l) Definitions.--In this section:
        ``(1) The term `converted employee' means a person who, pursuant 
    to subsection (b), is eligible for benefits under this section.
        ``(2) The term `covered separation from Federal service' means a 
    separation from Federal service as described under subsection 
    (b)(1)(B).
        ``(3) The term `Civil Service Retirement System' means the 
    retirement system under subchapter III of chapter 83 of title 5, 
    United States Code.
        ``(4) The term `defense contractor' means any entity that--
            ``(A) contracts with the Department of Defense to perform a 
        function previously performed by Department of Defense 
        employees;
            ``(B) performs that function at the same installation at 
        which such function was previously performed by Department of 
        Defense employees or in the vicinity of that installation; and
            ``(C) is the employer of one or more converted employees.
        ``(5) The term `early deferred retirement age' means the first 
    age at which a converted employee would have been eligible for 
    immediate retirement under subsection (a) or (b) of section 8336 of 
    title 5, United States Code, if such converted employee had remained 
    an employee within the meaning of section 8331(1) of such title 
    continuously until attaining such age.
        ``(6) The term `severance pay' means severance pay payable under 
    section 5595 of title 5, United States Code.
        ``(7) The term `separation pay' means separation pay payable 
    under section 5597 of title 5, United States Code.
    ``(m) Application of Pilot Program.--In the event that a pilot 
program is established for a military installation, the pilot program 
shall apply to a covered separation from Federal service by an employee 
of the Department of Defense at the installation occurring on or after 
August 1, 1996.''


           Additional Agency Contributions to Retirement Fund

    Pub. L. 103-226, Sec. 4, Mar. 30, 1994, 108 Stat. 114, as amended by 
Pub. L. 104-52, title IV, Sec. 3, Nov. 19, 1995, 109 Stat. 490, provided 
that:
    ``(a) Relating to Voluntary Separation Incentive Payments.--
        ``(1) In general.--In addition to any other payments which it is 
    required to make under subchapter III of chapter 83 of title 5, 
    United States Code, an agency shall remit to the Office of Personnel 
    Management for deposit in the Treasury of the United States to the 
    credit of the Civil Service Retirement and Disability Fund an amount 
    equal to 9 percent of the final basic pay of each employee of the 
    agency--
            ``(A) who, on or after the date of the enactment of this Act 
        [Mar. 30, 1994] retires under section 8336(d)(2) of such title; 
        and
            ``(B) to whom a voluntary separation incentive payment has 
        been or is to be paid by such agency based on that retirement.
        ``(2) Definitions.--For the purpose of this subsection--
            ``(A) the term `final basic pay', with respect to an 
        employee, means the total amount of basic pay which would be 
        payable for a year of service by such employee, computed using 
        the employee's final rate of basic pay, and, if last serving on 
        other than a full-time basis, with appropriate adjustment 
        therefor; and
            ``(B) the term `voluntary separation incentive payment' 
        means--
                ``(i) a voluntary separation incentive payment under 
            section 3 [5 U.S.C. 5597 note] (including under any program 
            established under section 3(f)); and
                ``(ii) any separation pay under section 5597 of title 5, 
            United States Code, or section 2 of the Central Intelligence 
            Agency Voluntary Separation Pay Act (Public Law 103-36; 107 
            Stat. 104 [50 U.S.C. 403-4 note]).
    ``(b) Relating to Fiscal Years 1995 Through 1998.--
        ``(1) In general.--In addition to any other payments which it is 
    required to make under subchapter III of chapter 83 or chapter 84 of 
    title 5, United States Code, in fiscal years 1995, 1996, 1997, and 
    1998 (and in addition to any amounts required under subsection (a)), 
    each agency shall, before the end of each such fiscal year, remit to 
    the Office of Personnel Management for deposit in the Treasury of 
    the United States to the credit of the Civil Service Retirement and 
    Disability Fund an amount equal to the product of--
            ``(A) the number of employees of such agency who, as of 
        March 31st of such fiscal year, are subject to subchapter III of 
        chapter 83 or chapter 84 of such title; multiplied by
            ``(B) $80.
        ``(2) Definition.--For the purpose of this subsection, the term 
    `agency' means an Executive agency (as defined by section 105 of 
    title 5, United States Code), but does not include the General 
    Accounting Office.
    ``(c) Regulations.--The Director of the Office of Personnel 
Management may prescribe any regulations necessary to carry out this 
section.''


                      Coordination With Pay Periods

    Pub. L. 99-556, title V, Sec. 505, Oct. 27, 1986, 100 Stat. 3141, 
provided that: ``Under regulations prescribed by the Office of Personnel 
Management, any reference to a specific date in section 302, 303, 305 [5 
U.S.C. 8331 notes], or 702(a) [5 U.S.C. 8401 note] of the Federal 
Employees' Retirement System Act of 1986 (Public Law 99-335; 100 Stat. 
514) shall, for purposes of individual contributions (including 
deductions from basic pay), Government contributions, and refunds, be 
deemed to be a reference to the first day of the first applicable pay 
period beginning on or after such date, or to the day before such first 
day, as appropriate.''


 Continued Coverage Under Certain Federal Employee Benefit Programs for 
             Certain Employees of Saint Elizabeths Hospital

    Pub. L. 99-335, title II, Sec. 207(o), as added by Pub. L. 100-238, 
title I, Sec. 109(a), Jan. 8, 1988, 101 Stat. 1748, provided that: ``An 
employee of Saint Elizabeths Hospital who is appointed to a position in 
the government of the District of Columbia on October 1, 1987, pursuant 
to the Saint Elizabeths Hospital and District of Columbia Mental Health 
Services Act (Public Law 98-621; 98 Stat. 3369 and following) [see Short 
Title note set out under section 225 of Title 24, Hospitals and Asylums] 
shall, for purposes of chapters 83, 87, and 89 of title 5, United States 
Code, be treated in the same way as an individual first employed by the 
government of the District of Columbia before October 1, 1987.''
    [Section 109(b) of Pub. L. 100-238 provided that: ``The amendment 
made by this section [enacting note above] shall be effective as of 
October 1, 1987.'']


                  Election of Coverage Under Chapter 84

    Sections 301-303 of Pub. L. 99-335, as amended by Pub. L. 99-556, 
title III, Secs. 301, 302, Oct. 27, 1986, 100 Stat. 3135, 3136; Pub. L. 
100-20, Sec. 1(a), Apr. 7, 1987, 101 Stat. 265; Pub. L. 100-238, title 
I, Secs. 106, 107, 113(a)(1), 118, 119, 134(b), (c), Jan. 8, 1988, 101 
Stat. 1746, 1747, 1750, 1752, 1764, 1765, provided that:
``SEC. 301. ELECTIONS.
    ``(a) Elections for Individuals Subject to the Civil Service 
Retirement System.--(1)(A) Any individual (other than an individual 
under subsection (b)) who, as of June 30, 1987, is employed by the 
Federal Government, and who is then subject to subchapter III of chapter 
83 of title 5, United States Code, may elect to become subject to 
chapter 84 of such title.
    ``(B) An election under this paragraph may not be made before July 
1, 1987, or after December 31, 1987.
    ``(2)(A) Any individual who, after June 30, 1987, becomes reemployed 
by the Federal Government, and who is then subject to subchapter III of 
chapter 83 of title 5, United States Code, may elect to become subject 
to chapter 84 of such title.
    ``(B) An election under this paragraph shall not be effective unless 
it is made during the six-month period beginning on the date on which 
reemployment commences.
    ``(3)(A) Except as provided in subparagraph (B), any individual--
        ``(i) who is excluded from the operation of subchapter III of 
    chapter 83 of title 5, United States Code, under subsection (g), 
    (i), (j), or (l) of section 8347 of such title, and
        ``(ii) with respect to whom chapter 84 of title 5, United States 
    Code, does not apply because of section 8402(b)(2) of such title,
shall, for purposes of an election under paragraph (1) or (2), be 
treated as if such individual were subject to subchapter III of chapter 
83 of title 5, United States Code.
    ``(B) An election under this paragraph may not be made by any 
individual who would be excluded from the operation of chapter 84 of 
title 5, United States Code, under section 8402(c) of such title 
(relating to exclusions based on the temporary or intermittent nature of 
one's employment).
    ``(4) A member of the Foreign Service described in section 103(6) of 
the Foreign Service Act of 1980 [22 U.S.C. 3903(6)] shall be ineligible 
to make any election under this subsection.
    ``(b) Elections for Certain Individuals Serving Continuously Since 
December 31, 1983.--The following rules shall apply in the case of any 
individual described in section 8402(b)(1) of title 5, United States 
Code:
        ``(1) If, as of December 31, 1986, the individual is subject to 
    subchapter III of chapter 83 of title 5, United States Code, but is 
    not subject to section 204 of the Federal Employees' Retirement 
    Contribution Temporary Adjustment Act of 1983 [section 204 of Pub. 
    L. 98-168, set out below], the individual shall remain so subject to 
    such subchapter unless the individual elects, after June 30, 1987, 
    and before January 1, 1988--
            ``(A) to become subject to such subchapter under the same 
        terms and conditions as apply in the case of an individual 
        described in section 8402(b)(2) of such title who is subject to 
        such subchapter; or
            ``(B) to become subject to chapter 84 of such title.
    An individual eligible to make an election under this paragraph may 
    make the election described in subparagraph (A) or (B), but not 
    both.
        ``(2) If, as of December 31, 1986, the individual is subject to 
    subchapter III of chapter 83 of title 5, United States Code, and is 
    also subject to section 204 of the Federal Employees' Retirement 
    Contribution Temporary Adjustment Act of 1983 [set out below], the 
    individual--
            ``(A) shall, as of January 1, 1987, become subject to such 
        subchapter under the same terms and conditions as apply in the 
        case of an individual described in section 8402(b)(2) of such 
        title who is subject to such subchapter; and
            ``(B) may (during the six-month period described in 
        subsection (a)(1)(B)) elect to become subject to chapter 84 of 
        such title.
        ``(3)(A) If, as of December 31, 1986, the individual is not 
    subject to subchapter III of chapter 83 of title 5, United States 
    Code, such individual may, during the 6-month period described in 
    subsection (a)(1)(B)--
            ``(i) elect to become subject to chapter 84 of such title; 
        or
            ``(ii) if such individual has not since made an election 
        described in subparagraph (B), elect to become subject to 
        subchapter III of chapter 83 of such title under the same terms 
        and conditions as apply in the case of an individual described 
        in section 8402(b)(2) of such title who is subject to such 
        subchapter.
        ``(B) Nothing in this paragraph shall be considered to preclude 
    the individual from electing to become subject to subchapter III of 
    chapter 83 of such title pursuant to notification under section 
    8331(2) of such title--
            ``(i) during the period after December 31, 1986, and before 
        July 1, 1987; or
            ``(ii) after December 31, 1987, if such individual has not 
        since become subject to subchapter III of chapter 83, or chapter 
        84, of such title.
        ``(C) Any individual who becomes subject to subchapter III of 
    chapter 83 of such title pursuant to notification under section 
    8331(2) of such title after December 31, 1986, shall become subject 
    to such subchapter under the same terms and conditions as apply in 
    the case of an individual described in section 8402(b)(2) of such 
    title who is subject to such subchapter.
    ``(c) Effective Date; Irrevocability.--An election made under this 
section--
        ``(1) shall take effect beginning with the first pay period 
    beginning after the date of the election; and
        ``(2) shall be irrevocable.
    ``(d) Condition for Making an Election; Extension To Satisfy 
Condition.--(1) An election under this section to become subject to 
chapter 84 of title 5, United States Code, shall not be considered 
effective in the case of an individual having one or more former 
spouses, unless the election is made with the written consent of such 
former spouse (or each such former spouse, if there is more than one).
    ``(2)(A) This subsection applies with respect to a former spouse who 
(based on the service of the individual involved) is entitled to 
benefits under section 8341(h) or 8345(j) of title 5, United States 
Code, under the terms of a decree of divorce or annulment, or a court 
order or court-approved property settlement incident to any such decree, 
with respect to which the Office of Personnel Management has been duly 
notified.
    ``(B) This subsection does not apply with respect to a former spouse 
who has ceased to be so entitled as a result of remarrying before age 
55.
    ``(3) The requirement under paragraph (1) shall be considered 
satisfied with respect to a former spouse if the individual seeking to 
make the election establishes to the satisfaction of the Office (in 
accordance with regulations prescribed by the Office)--
        ``(A) that the former spouse's whereabouts cannot be determined; 
    or
        ``(B) that, due to exceptional circumstances, requiring the 
    individual to seek the former spouse's consent would otherwise be 
    inappropriate.
    ``(4)(A) The Office shall, upon application of an individual, grant 
an extension for such individual to make an election referred to in 
paragraph (1) if such individual--
        ``(i) files application for extension before the end of the 
    period during which such individual would otherwise be eligible to 
    make such election; and
        ``(ii) demonstrates to the satisfaction of the Office that the 
    extension is needed to secure the modification of a decree of 
    divorce or annulment (or a court order or court-approved property 
    settlement incident to any such decree) in order to satisfy the 
    consent requirement under paragraph (1).
    ``(B) An extension under this paragraph shall be for 6 months or for 
such longer period as the Office considers appropriate.
    ``(e) Exclusions.--This section does not apply to an individual 
under section 8331(1)(G) of title 5, United States Code.
``SEC. 302. EFFECT OF AN ELECTION UNDER SECTION 301 TO BECOME SUBJECT TO 
        THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
    ``(a) General and Special Rules.--All provisions of chapter 84 of 
title 5, United States Code (including those relating to disability 
benefits, survivor benefits, and any reductions to provide for survivor 
benefits) shall apply with respect to any individual who becomes subject 
to such chapter pursuant to an election under section 301, except if, or 
to the extent that, such provisions are inconsistent with the following:
        ``(1)(A) Any civilian service which is performed before the 
    effective date of the election under section 301 shall not be 
    creditable under chapter 84 of title 5, United States Code, except 
    as otherwise provided in this subsection.
        ``(B) Any service described in subparagraph (A) which is covered 
    service within the meaning of section 203(a)(3) of the Federal 
    Employees' Retirement Contribution Temporary Adjustment Act of 1983 
    (97 Stat. 1107; 5 U.S.C. 8331 note) (hereinafter in this section 
    referred to as `covered service') shall be creditable under chapter 
    84 of title 5, United States Code, if--
            ``(i) with respect to any such service performed before 
        January 1, 1987, 1.3 percent of basic pay for such service was 
        withheld in accordance with such Act or, if either such 
        withholding was not made or was made, but the amount so withheld 
        was subsequently refunded, 1.3 percent of basic pay for such 
        period is deposited to the credit of the Civil Service 
        Retirement and Disability Fund (hereinafter in this section 
        referred to as the `Fund'), with interest (computed under 
        section 8334(e) of such title); and
            ``(ii) with respect to any such service performed after 
        December 31, 1986, and before the effective date of the 
        election, an amount equal to the percentage of basic pay for 
        such service which would be required to be withheld under 
        section 8422(a) of title 5, United States Code, has been 
        contributed to the Fund by the individual involved, whether by 
        withholdings from pay or, if either no withholding was made or 
        was made, but the amount withheld was subsequently refunded, the 
        aforementioned percentage of basic pay for such period is 
        deposited to the credit of the Fund, with interest (computed 
        under section 8334(e) of such title).
        ``(C) Any service described in subparagraph (A)--
            ``(i) which is not covered service;
            ``(ii) which constitutes service of a type described in 
        section 8411(b)(3) of title 5, United States Code (determined 
        without regard to whether such service was performed before, on, 
        or after January 1, 1989, and without regard to the provisions 
        of section 8411(f) of such title); and
            ``(iii) which, in the aggregate, is equal to less than 5 
        years;
    shall be creditable under chapter 84 of such title, subject to 
    section 8411(f) of such title.
        ``(D) Any service described in subparagraph (A)--
            ``(i) which is not covered service;
            ``(ii) which constitutes service of a type described in 
        section 8411(b)(3) of title 5, United States Code (determined 
        without regard to whether such service was performed before, on, 
        or after January 1, 1989, and without regard to the provisions 
        of section 8411(f) of such title); and
            ``(iii) which, in the aggregate, is equal to 5 years or 
        more;
    shall be creditable for purposes of--
            ``(I) section 8410 of such title, relating to the minimum 
        period of civilian service required to be eligible for an 
        annuity;
            ``(II) any provision of section 8412 (other than subsection 
        (d) or (e) thereof), 8413, 8414, 8442(b)(1), 8443(a)(1), or 8451 
        of such title which relates to a minimum period of service for 
        entitlement to an annuity;
            ``(III) the provisions of paragraphs (4) and (6);
            ``(IV) any provision of section 8412(d) of such title which 
        relates to a minimum period of service for entitlement to an 
        annuity, but only if and to the extent that the service 
        described in subparagraph (A) was as a law enforcement officer 
        or firefighter;
            ``(V) any provision of section 8412(e) of such title which 
        relates to a minimum period of service for entitlement to an 
        annuity, but only if and to the extent that the service 
        described in subparagraph (A) was as an air traffic controller; 
        and
            ``(VI) the provision of subsection (g) of section 8415 which 
        relates to the minimum period of service required to qualify for 
        the higher accrual rate under such subsection.
        ``(2)(A) Except as provided in subparagraph (B), the 
    creditability under chapter 84 of title 5, United States Code, of 
    any military service which is performed before the effective date of 
    the election under section 301 shall be determined in accordance 
    with applicable provisions of such chapter.
        ``(B) If the electing individual has performed service described 
    in clauses (i) through (iii) of paragraph (1)(D), service described 
    in subparagraph (A) which, but for the provisions of subsection (b), 
    would be creditable under subchapter III of chapter 83 of title 5, 
    United States Code, as in effect on December 31, 1986, shall be 
    creditable for purposes of--
            ``(i) any provision of section 8412 (other than subsection 
        (d) or (e) thereof), 8413, or 8414 of such title which relates 
        to a minimum period of service for entitlement to an annuity; 
        and
            ``(ii) the provisions of paragraph (4).
        ``(3)(A)(i) If the electing individual becomes entitled to an 
    annuity under subchapter II of chapter 84 of title 5, United States 
    Code, or dies leaving a survivor or survivors entitled to benefits 
    under subchapter IV of such chapter, the annuity for such individual 
    shall be equal to the sum of the individual's accrued benefits under 
    the Civil Service Retirement System (as determined under paragraph 
    (4)) and the individual's accrued benefits under the Federal 
    Employees' Retirement System (as determined under paragraph (5)).
        ``(ii) An annuity computed under this subparagraph shall be 
    deemed to be the individual's annuity computed under section 8415 of 
    title 5, United States Code.
        ``(B) If the electing individual becomes entitled to an annuity 
    under subchapter V of chapter 84 of title 5, United States Code, and 
    if it becomes necessary to compute an annuity under section 8415 of 
    such title with respect to such individual as a result of such 
    individual's having become so entitled, the methodology set forth in 
    subparagraph (A) shall be used in computing any such annuity under 
    section 8415.
        ``(4) Accrued benefits under this paragraph shall be computed in 
    accordance with applicable provisions of subchapter III of chapter 
    83 of title 5, United States Code (but without regard to subsection 
    (j) or (k), or the second sentence of subsection (e), of section 
    8339 of such title) using only any civilian service under paragraph 
    (1)(D), and any military service under paragraph (2)(B), which would 
    be creditable for purposes of computing an annuity under such 
    subchapter. Notwithstanding the preceding sentence, in computing 
    accrued benefits under this paragraph for an individual retiring 
    under section 8412(g) or 8413(b) of title 5, United States Code, 
    section 8339(h) of such title (relating to reductions based on age 
    at date of separation) shall not apply.
        ``(5) Accrued benefits under this paragraph shall be computed 
    under section 8415 of title 5, United States Code, using--
            ``(A) total service creditable under chapter 84 of such 
        title which is performed on or after the effective date of the 
        election under section 301; and
            ``(B) with respect to service performed before such 
        effective date--
                ``(i) creditable civilian service (as determined under 
            applicable provisions of this subsection) other than any 
            service described in paragraph (1)(D); and
                ``(ii) creditable military service (as determined under 
            applicable provisions of this subsection) other than any 
            service described in paragraph (2)(B).
        ``(6)(A) For purposes of any computation under paragraph (4) or 
    (5), the average pay to be used shall be the largest annual rate 
    resulting from averaging the individual's rates of basic pay in 
    effect over any 3 consecutive years of creditable service or, in the 
    case of an annuity based on service of less than 3 years, over the 
    total period of service so creditable, with each rate weighted by 
    the period it was in effect.
        ``(B) For purposes of subparagraph (A), service shall be 
    considered creditable if it would be considered creditable for 
    purposes of determining average pay under chapter 83 or 84 of title 
    5, United States Code.
        ``(7) The cost-of-living adjustments for the annuity of the 
    electing individual shall be made as follows:
            ``(A) The portion of the annuity attributable to paragraph 
        (4) shall be adjusted at the time and in the amount provided for 
        under section 8340 of title 5, United States Code.
            ``(B) The portion of the annuity attributable to paragraph 
        (5) shall be adjusted at the time and in the amount provided for 
        under section 8462 of title 5, United States Code.
        ``(8) For purposes of any computation under paragraph (4) in the 
    case of an individual who retires under section 8412 or 8414 of 
    title 5, United States Code, or who dies leaving a survivor or 
    survivors entitled to benefits under subchapter IV of such chapter, 
    sick leave creditable under section 8339(m) of such title shall be 
    equal to the number of days of unused sick leave to the individual's 
    credit as of the date of retirement or as of the effective date of 
    the individual's election under section 301, whichever is less.
        ``(9) In computing the annuity under paragraph (3) for an 
    individual retiring under section 8412(g) or 8413(b) of title 5, 
    United States Code, the reduction under section 8415(f) of such 
    title shall apply with respect to the sum computed under such 
    paragraph.
        ``(10) An annuity supplement under section 8421 of title 5, 
    United States Code, shall be computed using the same service as is 
    used for the computation under paragraph (5).
        ``(11) Effective from its commencing date, an annuity payable to 
    an annuitant's survivor (other than a child under section 8443 of 
    title 5, United States Code) shall be increased by the total percent 
    by which the deceased annuitant's annuity was increased under 
    paragraph (7).
        ``(12)(A)(i) If the electing individual is a reemployed 
    annuitant under section 8344 of title 5, United States Code, under 
    conditions allowing the annuity to continue during reemployment, 
    payment of the annuitant's annuity shall continue after the 
    effective date of the election, and an amount equal to the annuity 
    allocable to the period of actual employment shall continue to be 
    deducted from the annuitant's pay and deposited as provided in 
    subsection (a) of such section. Deductions from pay under section 
    8422(a) of such title and contributions under section 8423 of such 
    title shall begin effective on the effective date of the election.
        ``(ii) Notwithstanding any provision of section 301, an election 
    under such section shall not be available to any reemployed 
    annuitant who would be excluded from the operation of chapter 84 of 
    title 5, United States Code, under section 8402(c) of such title 
    (relating to exclusions based on the temporary or intermittent 
    nature of one's employment).
        ``(B) If the annuitant serves on a full-time basis for at least 
    1 year, or on a part-time basis for periods equivalent to at least 1 
    year of full-time service, such annuitant's annuity, on termination 
    of reemployment, shall be increased by an annuity computed--
            ``(i) with respect to reemployment service before the 
        effective date of the election, under section 8339(a), (b), (d), 
        (e), (h), (i), and (n) of title 5, United States Code, as may 
        apply based on the reemployment in which such annuitant was 
        engaged before such effective date; and
            ``(ii) with respect to reemployment service on or after the 
        effective date of the election, under section 8415(a) through 
        (f) of such title, as may apply based on the reemployment in 
        which such annuitant was engaged on or after such effective 
        date;
    with the `average pay' used in any computation under clause (i) or 
    (ii) being determined (based on rates of pay in effect during the 
    period of reemployment, whether before, on, or after the effective 
    date of the election) in the same way as provided for in paragraph 
    (6). If the annuitant is receiving a reduced annuity as provided in 
    section 8339(j) or section 8339(k)(2) of title 5, United States 
    Code, the increase in annuity payable under this subparagraph is 
    reduced by 10 percent and the survivor annuity payable under section 
    8341(b) of such title is increased by 55 percent of the increase in 
    annuity payable under this subparagraph, unless, at the time of 
    claiming the increase payable under this subparagraph, the annuitant 
    notifies the Office of Personnel Management in writing that such 
    annuitant does not desire the survivor annuity to be increased. If 
    the annuitant dies while still reemployed, after having been 
    reemployed for at least 1 full year (or the equivalent thereof, in 
    the case of part-time employment), any survivor annuity payable 
    under section 8341(b) of such title based on the service of such 
    annuitant is increased as though the reemployment had otherwise 
    terminated. In applying paragraph (7) to an amount under this 
    subparagraph, any portion of such amount attributable to clause (i) 
    shall be adjusted under subparagraph (A) of such paragraph, and any 
    portion of such amount attributable to clause (ii) shall be adjusted 
    under subparagraph (B) of such paragraph.
        ``(C)(i) If the annuitant serves on a full-time basis for at 
    least 5 years, or on a part-time basis for periods equivalent to at 
    least 5 years of full-time service, such annuitant may elect, 
    instead of the benefit provided by subparagraph (B), to have such 
    annuitant's rights redetermined, effective upon separation from 
    employment. If the annuitant so elects, the redetermined annuity 
    will become payable as if such annuitant were retiring for the first 
    time based on the separation from reemployment service, and the 
    provisions of this section concerning computation of annuity (other 
    than any provision of this paragraph) shall apply.
        ``(ii) If the annuitant dies while still reemployed, after 
    having been reemployed for at least 5 full years (or the equivalent 
    thereof, in the case of part-time employment), any person entitled 
    to a survivor annuity under section 8341(b) of title 5, United 
    States Code, based on the service of such annuitant shall be 
    permitted to elect to have such person's rights redetermined in 
    accordance with regulations which the Office shall prescribe. 
    Redetermined benefits elected under this clause shall be in lieu of 
    any increased benefits which would otherwise be payable in 
    accordance with the next to last sentence of subparagraph (B).
        ``(D) If the annuitant serves on a full-time basis for less than 
    1 year (or the equivalent thereof, in the case of part-time 
    employment), any amounts withheld under section 8422(a) of title 5, 
    United States Code, from such annuitant's pay for the period (or 
    periods) involved shall, upon written application to the Office, be 
    payable to such annuitant (or the appropriate survivor or survivors, 
    determined in the order set forth in section 8342(c) of such title).
        ``(E) For purposes of determining the period of an annuitant's 
    reemployment service under this paragraph, a period of reemployment 
    service shall not be taken into account unless--
            ``(i) with respect to service performed before the effective 
        date of the election under section 301, it is service which, if 
        performed for at least 1 full year, would have allowed such 
        annuitant to elect under section 8344(a) of title 5, United 
        States Code, to have deductions withheld from pay; or
            ``(ii) with respect to service performed on or after the 
        effective date of the election under section 301, it is service 
        with respect to which deductions from pay would be required to 
        be withheld under the second sentence of section 8468(a) of 
        title 5, United States Code.
    ``(b) Chapter 83 Generally Inapplicable.--(1) Except as provided in 
subsection (a) or paragraph (2), subchapter III of chapter 83 of title 
5, United States Code, shall not apply with respect to any individual 
who becomes subject to chapter 84 of title 5, United States Code, 
pursuant to an election under section 301.
    ``(2)(A) Nothing in paragraph (1), or in subchapter III of chapter 
83 of title 5, United States Code, shall preclude the making of a 
deposit under such subchapter with respect to any civilian service under 
subsection (a)(1)(D) or military service under subsection (a)(2)(B) 
either by the electing individual or, for purposes of survivor 
annuities, by a survivor of such individual.
    ``(B) Nothing in paragraph (1) shall preclude the payment of any 
lump-sum credit in accordance with section 8342 of title 5, United 
States Code.
    ``(c) Refunds Relating to Certain Civilian Service.--(1) Any 
individual who makes an election under section 301 to become subject to 
chapter 84 and who, with respect to any period before the effective date 
of the election, has made a contribution to the Civil Service Retirement 
System (whether by deductions from pay or by a deposit or redeposit) and 
has not taken a refund of the contribution (as so made), shall be 
entitled to a refund equal to--
        ``(A) for a period of service under clause (i) of subsection 
    (a)(1)(B), the amount by which--
            ``(i) the amount contributed with respect to such period, 
        exceeds
            ``(ii) the amount required under such clause (i) with 
        respect to such period;
        ``(B) for a period of service under clause (ii) of subsection 
    (a)(1)(B), the amount by which--
            ``(i) the amount so contributed with respect to such period, 
        exceeds
            ``(ii) the amount required under such clause (ii) with 
        respect to such period; and
        ``(C) for a period of service under subparagraph (C) of 
    subsection (a)(1), the amount by which--
            ``(i) the amount so contributed with respect to such period, 
        exceeds
            ``(ii) the amount required under such subparagraph with 
        respect to such period.
    ``(2) In accordance with regulations prescribed by the Office of 
Personnel Management, a refund under this subsection shall be payable 
upon written application therefor filed with the Office and shall 
include interest at the rate provided in section 8334(e)(3) of title 5, 
United States Code. Interest on the refund shall accrue monthly and 
shall be compounded annually.
``SEC. 303. PROVISIONS RELATING TO AN ELECTION TO BECOME SUBJECT TO 
        CHAPTER 83 SUBJECT TO CERTAIN OFFSETS RELATING TO SOCIAL 
        SECURITY.
    ``(a) Refund.--Any individual who makes an election under section 
301(b)(1)(A) shall, upon written application to the Office of Personnel 
Management, be entitled to a refund equal to--
        ``(1) for the period beginning on January 1, 1984, and ending on 
    December 31, 1986, the amount by which--
            ``(A) the total amount deducted from such individual's basic 
        pay under section 8334(a)(1) of title 5, United States Code, for 
        such period, exceeds
            ``(B) 1.3 percent of such individual's total basic pay for 
        such period; and
        ``(2) for the period beginning on January 1, 1987, and ending on 
    the day before the effective date of the election, the amount by 
    which--
            ``(A) the total amount deducted from such individual's basic 
        pay under such section 8334(a)(1) for such period, exceeds
            ``(B) the total amount which would have been deducted if 
        such individual's basic pay had instead been subject to section 
        8334(k) of such title during such period.
A refund under this subsection shall be computed with interest in 
accordance with section 302(c)(2) and regulations prescribed by the 
Office of Personnel Management.
    ``(b) Deposit Requirements.--(1) In the case of an individual who 
becomes subject to subchapter III of chapter 83 of title 5, United 
States Code, pursuant to notification as described in the second 
sentence of section 301(b)(3)(B), service performed by such individual 
before the effective date of the notification shall not be considered 
creditable under such subchapter unless--
        ``(A) for any service during the period beginning on January 1, 
    1987, and ending on the day before such effective date, there is 
    deposited to the credit of the Fund a percentage of basic pay for 
    such period equal to the percentage which would have applied under 
    section 8334(k) of such title if such individual's pay had been 
    subject to such section during such period;
        ``(B) for any period of service beginning on January 1, 1984, 
    and ending on December 31, 1986, there is deposited to the credit of 
    the Fund an amount equal to 1.3 percent of basic pay for such 
    period; and
        ``(C) for any period of service before January 1, 1984, there is 
    deposited to the credit of the Fund any amount required with respect 
    to such period under such subchapter.
    ``(2) A deposit under this subsection may be made by the individual 
or, for purposes of survivor annuities, a survivor of such individual.''
    [Section 113(a)(2) of Pub. L. 100-238 provided that: ``The amendment 
made by paragraph (1) [amending section 301(a) of Pub. L. 99-335 set out 
above] shall be effective as of June 30, 1987. Any refund which becomes 
payable as a result of the preceding sentence shall, to the extent that 
such refund involves an individual's contributions to the Thrift Savings 
Fund (established under section 8437 of title 5, United States Code), be 
adjusted to reflect any earnings attributable thereto.'']
    [Amendment by section 134(b) of Pub. L. 100-238 to section 302(a) of 
Pub. L. 99-335 applicable with respect to any election made by a 
reemployed annuitant on or after Jan. 8, 1988, see section 134(d) of 
Pub. L. 100-238, set out as an Effective Date of 1988 Amendment note 
under section 8468 of this title.]


Construction of Adjustments in Retirement Provisions Made by Pub. L. 98-
                                   353

    Section 117 of Pub. L. 98-353 provided that: ``The adjustments in 
the retirement provisions made by this Act shall not be construed to be 
a `new government retirement system' for purposes of the Federal 
Employees Retirement Contribution Temporary Adjustment Act of 1983 
(Public Law 98-168) [set out below]''.


    Election of Retirement Plan Under Federal Employees' Retirement 
              Contribution Temporary Adjustment Act of 1983

    Pub. L. 98-369, div. B, title II, Sec. 2206, July 18, 1984, 98 Stat. 
1059, provided that:
    ``(a) For the purposes of this section, the term `covered retirement 
system' shall have the same meaning as provided in section 203(a)(2) of 
the Federal Employees' Retirement Contribution Temporary Adjustment Act 
of 1983 (Public Law 98-168; 97 Stat. 1107) [set out below].
    ``(b)(1) Any individual who was entitled to make an election under 
section 208(a) of the Federal Employees' Retirement Contribution 
Temporary Adjustment Act of 1983 (97 Stat. 1111) [set out below], but 
who did not make such an election, may make an election under such 
section not later than September 15, 1984.
    ``(2)(A) Not later than September 15, 1984, any such individual who 
made an election under paragraph (1) of section 208(a) of the Federal 
Employees' Retirement Contribution Temporary Adjustment Act of 1983 [set 
out below] may--
        ``(i) make any other election which such individual was entitled 
    to make under such section before January 1, 1984; or
        ``(ii) elect to become a participant in a covered retirement 
    system (if such individual is otherwise eligible to participate in 
    such system), subject to sections 201 through 207 of such Act [set 
    out below].
    ``(B) Not later than September 15, 1984, any such individual who 
made an election under paragraph (2) of section 208(a) of the Federal 
Employees' Retirement Contribution Temporary Adjustment Act of 1983 
may--
        ``(i) make any other election which such individual was entitled 
    to make under such section before January 1, 1984; or
        ``(ii) elect to terminate participation in the covered 
    retirement system with respect to which such individual made the 
    election under such paragraph (2).
    ``(3) An election under this subsection shall be made by a written 
application submitted to the official by whom the electing individual is 
paid.
    ``(4) An election made as provided in this subsection shall take 
effect with respect to service performed on or after the first day of 
the first applicable pay period commencing after September 15, 1984.
    ``(c)(1) Section 8342(a)(4) of title 5, United States Code, does not 
apply for the purpose of determining an entitlement to a refund under 
section 208(c) of the Federal Employees' Retirement Contribution 
Temporary Adjustment Act of 1983 (97 Stat. 1111) [set out below].
    ``(2) Paragraph (1) shall take effect with respect to any election 
made under section 208(a) of such Act or this Act before, on, or after 
January 1, 1984.
    ``(d) Nothing in this section or the Federal Employees' Retirement 
Contribution Temporary Adjustment Act of 1983 [set out below] affects 
any entitlement to benefits accrued under a covered retirement system 
before January 1, 1984, except to the extent that any amount refunded 
under section 208(c) of such Act is not redeposited in the applicable 
retirement fund.''


     Federal Employees' Retirement Contribution Temporary Adjustment

    Pub. L. 98-168, title II, Nov. 29, 1983, 97 Stat. 1106, as amended 
by Pub. L. 99-190, Sec. 147, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 99-
335, title III, Secs. 305(a), 309, June 6, 1986, 100 Stat. 606, 607; 
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:


                              ``short title

    ``Sec. 201. This title may be cited as the `Federal Employees' 
Retirement Contribution Temporary Adjustment Act of 1983'.


                          ``statement of policy

    ``Sec. 202. It is the policy of the Government--
        ``(1) that the amount required to be contributed to certain 
    public retirement systems by employees and officers of the 
    Government who are also required to pay employment taxes relating to 
    benefits under title II of the Social Security Act [42 U.S.C. 401 et 
    seq.] for service performed after December 31, 1983, be modified 
    until the date on which such employees and officers are covered by a 
    new Government retirement system (the design, structure, and 
    provisions of which have not been determined on the date of 
    enactment of this Act [Nov. 29, 1983]) or January 1, 1987, whichever 
    is earlier;
        ``(2) that the Treasury be required to pay into such retirement 
    systems the remainder of the amount such employees and officers 
    would have contributed during such period but for the temporary 
    modification;
        ``(3) that the employing agencies make contributions to the 
    retirement systems with respect to such service in amounts required 
    by law in effect before January 1, 1984, without reduction in such 
    amounts;
        ``(4) that such employees and officers accrue credit for service 
    for the purposes of the public retirement systems in effect on the 
    date of enactment of this Act [Nov. 29, 1983] until a new Government 
    retirement system covering such employees and officers is 
    established;
        ``(5) that, where appropriate, deposits to the credit of such a 
    retirement system be required with respect to service performed by 
    an employee or officer of the Government during the period described 
    in clause (1), and, where appropriate, annuities be offset by the 
    amount of certain social security benefits attributable to such 
    service; and
        ``(6) that such employees and officers who are first employed in 
    civilian service by the Government or first take office in civilian 
    service in the Government on or after January 1, 1984, become 
    subject to such new Government retirement system as may be 
    established for employees and officers of the Government on or after 
    January 1, 1984, and before January 1, 1987, with credit for service 
    performed after December 31, 1983, by such employees and officers 
    transferred to such new Government retirement system.


                              ``definitions

    ``Sec. 203. (a) For the purposes of this title--
        ``(1) the term `covered employee' means any individual whose 
    service is covered service;
        ``(2) the term `covered retirement system' means--
            ``(A) the Civil Service Retirement and Disability System 
        under subchapter III of chapter 83 of title 5, United States 
        Code;
            ``(B) the Foreign Service Retirement and Disability System 
        under chapter 8 of the Foreign Service Act of 1980 (22 U.S.C. 
        4041 et seq.);
            ``(C) the Central Intelligence Agency Retirement and 
        Disability System under the Central Intelligence Agency 
        Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 
        note); and
            ``(D) any other retirement system (other than a new 
        Government retirement system) under which a covered employee who 
        is a participant in the system is required to make contributions 
        to the system in an amount equal to a portion of the 
        participant's basic pay for covered service, as determined by 
        the President;
        ``(3) the term `covered service' means service which is 
    employment for the purposes of title II of the Social Security Act 
    [42 U.S.C. 401 et seq.] and chapter 21 of the Internal Revenue Code 
    of 1986 [26 U.S.C. 3101 et seq.] by reason of the amendments made by 
    section 101 of the Social Security Amendments of 1983 (97 Stat. 67) 
    [amending section 3121 of Title 26, Internal Revenue Code, and 
    sections 409 and 410 of Title 42, The Public Health and Welfare, and 
    enacting provisions set out as notes under section 3121 of Title 26 
    and section 410 of Title 42]; and
        ``(4) the term `new Government retirement system' means any 
    retirement system which (A) is established for officers or employees 
    of the Government by or pursuant to a law enacted after December 31, 
    1983, and before January 1, 1987, and (B) takes effect on or before 
    January 1, 1987.
    ``(b) The President shall publish the determinations made for the 
purpose of subsection (a)(2)(D) in an Executive order.


                       ``contribution adjustments

    ``Sec. 204. (a) In the case of a covered employee who is 
participating in a covered retirement system, an employing agency shall 
deduct and withhold only 1.3 percent of the basic pay of such employee 
under--
        ``(1) section 8334 of title 5, United States Code;
        ``(2) section 805 of the Foreign Service Act of 1980 (22 U.S.C. 
    4045);
        ``(3) section 211 of the Central Intelligence Agency Retirement 
    Act of 1964 for Certain Employees (50 U.S.C. 403 note); or
        ``(4) any provision of any other covered retirement system which 
    requires a participant in the system to make contributions of a 
    portion of the basic pay of the participant;
for covered service which is performed after December 31, 1983, and 
before the earlier of the effective date of a new Government retirement 
system or January 1, 1987. Deductions shall be made and withheld as 
provided by such provisions in the case of covered service which is 
performed on or after such effective date or January 1, 1987, as the 
case may be, and is not subject to a new Government retirement system.
    ``(b) Employing agencies of the Government shall make contributions 
with respect to service to which subsection (a) of this section applies 
under the second sentence of section 8334(a)(1) of title 5, United 
States Code, the second sentence of section 805(a) of the Foreign 
Service Act of 1980 (22 U.S.C. 4045(a)), the second sentence of section 
211(a) of the Central Intelligence Agency Retirement Act of 1964 for 
Certain Employees (50 U.S.C. 403 note), and any provision of any other 
covered retirement system requiring a contribution by the employing 
agency, as if subsection (a) of this section had not been enacted.


               ``reimbursement for contribution deficiency

    ``Sec. 205. (a) For purposes of this section--
        ``(1) the term `contribution deficiency', when used with respect 
    to a covered retirement system, means the excess of--
            ``(A) the total amount which, but for section 204(a) of this 
        Act, would have been deducted and withheld under a provision 
        referred to in such section from the pay of covered employees 
        participating in such retirement system for service to which 
        such section applies, over
            ``(B) the total amount which was deducted and withheld from 
        the pay of covered employees for such service as provided in 
        section 204(a) of this Act; and
        ``(2) the term `appropriate agency head' means--
            ``(A) the Director of the Office of Personnel Management, 
        with respect to the Civil Service Retirement and Disability 
        System under subchapter III of chapter 83 of title 5, United 
        States Code;
            ``(B) the Secretary of State, with respect to the Foreign 
        Service Retirement and Disability System under chapter 8 of the 
        Foreign Service Retirement Act of 1980 (22 U.S.C. 404 et seq.) 
        [22 U.S.C. 4041 et seq.];
            ``(C) the Director of Central Intelligence, with respect to 
        the Central Intelligence Agency Retirement and Disability System 
        under the Central Intelligence Agency Retirement Act of 1964 for 
        Certain Employees (50 U.S.C. 403 note); and
            ``(D) the officer designated by the President for that 
        purpose in the case of any retirement system described in 
        section 203(a)(2)(D) of this Act.
    ``(b) At the end of each of fiscal years 1984, 1985, 1986, and 1987, 
the appropriate agency head--
        ``(1) shall determine the amount of the contribution deficiency 
    for such fiscal year in the case of each covered retirement system, 
    including the interest that those contributions would have earned 
    had they been credited to the fund established for the payment of 
    benefits under such retirement system in the same manner and at the 
    same time as deductions under the applicable provision of law 
    referred to in section 204(a) of this Act; and
        ``(2) shall notify the Secretary of the Treasury of the amount 
    of the contribution deficiency in each such case.
    ``(c) Before closing the accounts for each of fiscal years 1984, 
1985, 1986, and 1987, the Secretary of the Treasury shall credit to the 
fund established for the payment of benefits under each covered 
retirement system, as a Government contribution, out of any money in the 
Treasury not otherwise appropriated, an amount equal to the amount 
determined under subsection (b) with respect to that covered retirement 
system for the fiscal year involved.
    ``(d) Amounts credited to a fund under subsection (c) shall be 
accounted for separately than amounts credited to such fund under any 
other provision of law.


 ``special deposit and offset rules relating to retirement benefits for 
                         interim covered service

    ``Sec. 206. (a) For the purposes of this section, the term `interim 
covered service' means covered service to which section 204(a) applies.
    ``(b)(1) Paragraphs (2) and (3) apply according to the provisions 
thereof only with respect to a covered employee who is employed by the 
Government on December 31, 1983.
    ``(2)(A) Notwithstanding any other provision of law, the interim 
covered service of such covered employee shall be considered--
        ``(i) in determining entitlement to and computing the amount of 
    an annuity (other than a disability or survivor annuity) commencing 
    under a covered retirement system during the period beginning 
    January 1, 1984, and ending on the earlier of the date a new 
    Government retirement system takes effect or January 1, 1987, by 
    reason of the retirement of such covered employee during such period 
    only if such covered employee makes a deposit to the credit of such 
    covered retirement system for such covered service in an amount 
    computed as provided in subsection (f); and
        ``(ii) in computing a disability or survivor annuity which 
    commences under a covered retirement system during such period and 
    is based in any part on such interim covered service.
    ``(B) Notwithstanding any other provision of law, an annuity to 
which subparagraph (A)(ii) applies shall be reduced by the portion of 
the amount of any benefits which is payable under title II of the Social 
Security Act [42 U.S.C. 401 et seq.] and is attributable to the interim 
covered service considered in computing the amount of such annuity, as 
determined under subsection (g), unless, in the case of a survivor 
annuity, a covered employee has made a deposit with respect to such 
covered service for the purposes of subparagraph (A)(i) before the date 
on which payment of such annuity commences.
    ``(3) Notwithstanding any other provision of law, if a new 
Government retirement system is not established or is inapplicable to 
such a covered employee who retires or dies subject to a covered 
retirement system after the date on which such new Government retirement 
system takes effect, the interim covered service of such covered 
employee shall be considered in determining entitlement to and computing 
the amount of an annuity under a covered retirement system based on the 
service of such covered employee only if such covered employee makes a 
deposit to the credit of such covered retirement system for such covered 
service in an amount computed as provided in subsection (f).
    ``(c)(1) Paragraphs (2) and (3) apply according to the provisions 
thereof only with respect to a covered employee who was not employed by 
the Government on December 31, 1983.
    ``(2) Notwithstanding any other provision of law, any annuity which 
commences under a covered retirement system during the period described 
in subsection (b)(2)(A)(i) and is based, in any part, on interim covered 
service shall be reduced by the portion of the amount of any benefits 
which is payable under title II of the Social Security Act [42 U.S.C. 
401 et seq.] to the annuitant and is attributable to such service, as 
determined under subsection (g).
    ``(3) Notwithstanding any other provision of law, if a new 
Government retirement system is not established, the interim covered 
service of such a covered employee who retires or dies after January 1, 
1987, shall be considered in determining entitlement to and computing 
the amount of an annuity under a covered retirement system based on the 
service of such covered employee only if such covered employee makes a 
deposit to the credit of such covered retirement system for such covered 
service in an amount computed as provided in subsection (f).
    ``(d) If a covered employee with respect to whom subsection (b)(3) 
or (c)(3) applies dies without having made a deposit pursuant to such 
subsection, any individual who is entitled to an annuity under a covered 
retirement system based on the service of such covered employee or who 
would be entitled to such an annuity if such deposit had been made by 
the covered employee before death may make such deposit after the date 
of death of such covered employee. Service covered by a deposit made 
pursuant to the first sentence shall be considered in determining, in 
the case of each individual to whom the first sentence applies, the 
entitlement to and the amount of an annuity under a covered retirement 
system based on the service of such covered employee.
    ``(e) A reduction in annuity under subsection (b)(2)(B) or (c)(2) 
shall commence on the first day of the first month after the date on 
which payment of benefits under title II of the Social Security Act [42 
U.S.C. 401 et seq.] commence and shall be redetermined each time an 
increase in such benefits takes effect pursuant to section 215(i) of the 
Social Security Act [42 U.S.C. 415(i)]. In the case of an annuity of a 
participant or former participant in a covered retirement system, of a 
surviving spouse or child of such participant or former participant, or 
of any other person designated by such participant or former participant 
to receive an annuity, under a covered retirement system (other than a 
former spouse) the reduction in annuity under subsection (b)(2)(B) or 
(c)(2) shall be calculated before any reduction in such annuity provided 
under such system for the purpose of paying an annuity under such system 
to any former spouse of such participant or former participant based on 
the service of such participant or former participant.
    ``(f) For the purposes of subsection (b) or (c), the amount of a 
deposit to the credit of the applicable covered retirement system shall 
be equal to the excess of--
        ``(1) the total amount which would have been deducted and 
    withheld from the basic pay of the covered employee for the interim 
    covered service under such covered retirement system but for the 
    application of section 204(a), over
        ``(2) the amount which was deducted and withheld from such basic 
    pay for such interim covered service pursuant to section 204(a) and 
    was not refunded to such covered employee.
    ``(g) For the purpose of subsections (b)(2)(B) and (c)(2), the 
portion of the amount of the benefits which is payable under title II of 
the Social Security Act [42 U.S.C. 401 et seq.] to an individual and is 
attributable to interim covered service shall be determined by--
        ``(1) computing the amount of such benefits including credit for 
    such service;
        ``(2) computing the amount of such benefits, if any, without 
    including credit for such service; and
        ``(3) subtracting the amount computed under clause (2) from the 
    amount computed under clause (1).
    ``(h) The Secretary of Health and Human Services shall furnish to 
the appropriate agency head (as defined in section 205(a)(2)) such 
information as such agency head considers necessary to carry out this 
section.


              ``transfer of credit to new retirement system

    ``Sec. 207. [Repealed. Pub. L. 99-335, title III, Sec. 309, June 6, 
1986, 100 Stat. 607]
    ``Sec. 208. (a) Any individual performing service of a type referred 
to in clause (i), (ii), (iii), or (iv) of section 210(a)(5) of the 
Social Security Act [42 U.S.C. 410(a)(5)(i)-(iv)] beginning on or before 
December 31, 1983, may--
        ``(1) if such individual is then currently a participant in a 
    covered retirement system, elect by written application submitted 
    before January 1, 1984--
            ``(A) to terminate participation in such system, effective 
        after December 31, 1983; or
            ``(B) to remain under such system, as if the preceding 
        sections of this Act [probably means this `title'] and the 
        amendments made by this Act had not been enacted; or
        ``(2) if such individual is then currently not a participant in 
    a covered retirement system, elect by written application--
            ``(A) to become a participant under such system (if such 
        individual is otherwise eligible to participate in the system), 
        subject to the preceding sections of this Act [probably means 
        this `title'] and the amendments made by this Act; or
            ``(B) to become a participant under such system (if such 
        individual is otherwise eligible to participate in the system), 
        as if the preceding sections of this Act and the amendments made 
        by this Act had not been enacted.
    ``(b) An application by an individual under subsection (a) shall be 
submitted to the official by whom such covered employee is paid.
    ``(c) Any individual who elects to terminate participation in a 
covered retirement system under subsection (a)(1)(A) is entitled to have 
such individual's contributions to the retirement system refunded, in 
accordance with applicable provisions of law, as if such individual had 
separated from service as of the effective date of the election.
    ``(d) Any individual who is eligible to make an election under 
subparagraph (A) or (B) of subsection (a)(1), but who does not make an 
election under either such subparagraph, shall be subject to the 
preceding sections of this Act [probably means this `title'] and the 
amendments made by this Act.''
    [Amendment to section 206(c)(3) of Pub. L. 98-168 by section 
305(a)(1) of Pub. L. 99-335 directing the substitution of ``January 1, 
1987'' for ``January 1, 1986'' has been executed by substituting 
``January 1, 1987'' for ``April 30, 1986'' to reflect the probable 
intent of Congress.]
    [Section 305(b) of Pub. L. 99-335 provided that:
    ``(1) The amendments made by subsection (a) [amending Pub. L. 98-168 
set out above] shall be effective as of May 1, 1986.
    ``(2) Any refund payable to an individual as a result of paragraph 
(1) shall be paid out of funds of the appropriate retirement system.
    ``(3) For purposes of this subsection, the term `retirement system' 
means a covered retirement system as defined by section 203(a)(2) of the 
Federal Employees' Retirement Contribution Temporary Adjustment Act of 
1983 (97 Stat. 1107; 5 U.S.C. 8331 note).'']
    [The Central Intelligence Agency Retirement Act of 1964 for Certain 
Employees, referred to in Pub. L. 98-168, set out above, is Pub. L. 88-
643, Oct. 13, 1964, 78 Stat. 1043, which was revised generally by Pub. 
L. 102-496, title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196, is 
known as the Central Intelligence Agency Retirement Act and is 
classified generally to chapter 38 (Sec. 2001 et seq.) of Title 50, War 
and National Defense.]


        Canal Zone Government and Panama Canal Company Employees

    Section 13 of Pub. L. 85-550, July 25, 1958, 72 Stat. 410, as 
amended by Pub. L. 87-845, Sec. 2, Oct. 18, 1962, 76A Stat. 697, 
provided that:
    ``(a) Effective on and after the first day of the first pay period 
which begins in the third calendar month following the calendar month in 
which this Act is enacted [July 1958]--
        ``The Act of July 8, 1937 (50 Stat. 478; 68 Stat. 17; Public 
    Numbered 191, Seventy-fifth Congress; Public Law 299, Eighty-third 
    Congress), shall apply only with respect to those individuals within 
    the classes of individuals subject to such Act of July 8, 1937, 
    whose employment shall have been terminated, prior to such first day 
    of such first pay period, in the manner provided by the first 
    section of such Act; and
    ``(b) On or before the first day of the first pay period which 
begins in the third calendar month following the calendar month in which 
this Act is enacted [July 1958], the Panama Canal Company shall pay, as 
an agency contribution, into the civil service retirement and disability 
fund created by the Act of May 22, 1920, for each individual--
        ``(1) who is employed, on such first day of such first pay 
    period, by the Canal Zone Government or by the Panama Canal Company, 
    and
        ``(2) who, by reason of the enactment of this section and the 
    operation of the Civil Service Retirement Act (5 U.S.C. 2251-2267) 
    [this subchapter], is subject to such Act on and after such first 
    day of such first pay period,
for service performed by such individual in the employment of--
        ``(A) the Panama Railroad Company during the period which began 
    on June 29, 1948, and ended on June 30, 1951, or
        ``(B) the Panama Canal (former independent agency), the Canal 
    Zone Government, or the Panama Canal Company during the period which 
    began on July 1, 1951, and which ends immediately prior to such 
    first day of such first pay period,
an amount equal to the aggregate amount which such individual would have 
been required to contribute for retirement purposes if he had been 
subject to the Civil Service Retirement Act during such periods of 
service.
    ``(c) Nothing contained in this section shall affect--
        ``(1) the rights of any individual existing immediately prior to 
    such first day of such first pay period above specified, or
        ``(2) the continuing obligations of the Canal Zone Government 
    and the Panama Canal Company under section 4(a) of the Civil Service 
    Retirement Act (5 U.S.C. 2254(a)) [section 8334(a) of this title], 
    to reimburse the civil service retirement and disability fund for 
    Government contributions to such fund covering service performed, on 
    or after such first day of such first pay period above specified, by 
    the employees concerned.''


Members of Civilian Faculties of United States Naval Academy and United 
                    States Naval Postgraduate School

    Section 402 of act July 31, 1956, ch. 804, title IV, 70 Stat. 760, 
provided that:
    ``(a) On and after the effective date of this title [on the first 
day of the first month beginning more than sixty days after July 31, 
1956] persons employed as members of the civilian faculties of the 
United States Naval Academy and the United States Naval Postgraduate 
School shall be included within the terms of the Civil Service 
Retirement Act [this subchapter], and on and after that date the Act of 
January 16, 1936 (49 Stat. 1092), as amended [covered by section 7081 et 
seq. of Title 10, Armed Forces] shall not apply to such persons.
    ``(b) In lieu of the deposit prescribed by section 4(c) of the Civil 
Service Retirement Act [section 8334(c) of this title] an employee who 
by virtue of subsection (a) is included within the terms of such Act 
[this subchapter] shall deposit, for service rendered prior to the 
effective date of this title as a member of the civilian faculty of the 
United States Naval Academy or of the United States Naval Postgraduate 
School, a sum equal to so much of the repurchase price of his annuity 
policy carried as required by the Act of January 16, 1936, as amended 
[covered by section 7081 et seq. of Title 10, Armed Forces], as is based 
on the monthly allotments which were registered with the Navy Allotment 
Office toward the purchase of that annuity, the deposit to be made 
within six months after the effective date of this title. Should the 
deposit not be made within that period no credit shall be allowed under 
the Civil Service Retirement Act [this subchapter] for service rendered 
as a member of the civilian faculty of the United States Naval Academy 
or of the United States Naval Postgraduate School subsequent to July 31, 
1920, and prior to the effective date of this title. If the deposit is 
made, such service shall be held and considered to be service during 
which the employee was subject to the Civil Service Retirement Act [this 
subchapter].''

     Ex. Ord. No. 12461. Designation as a Federal Retirement System

    Ex. Ord. No. 12461, Feb. 17, 1984, 49 F.R. 6471, provided:
    By the authority vested in me as President by the Federal Employees' 
Retirement Contribution Temporary Adjustment Act of 1983 (title II of 
Public Law 98-168) (``the Act'') [set out as a note above], it is hereby 
ordered as follows:
    Section 1. The District of Columbia Police and Firefighters' 
Retirement and Disability System, insofar as it applies to Federal 
employees who are covered under section 203(a)(1) of the Act [set out as 
a note above], is designated a covered retirement system under section 
203(a)(2)(D) of the Act. The Secretary of the Treasury is designated the 
appropriate agency head with respect to such system, under section 
205(a)(2)(D) of the Act [set out as a note above]. In discharging the 
responsibilities delegated by this Order, the Secretary shall be guided 
by the information and recommendations provided by the Mayor of the 
District of Columbia.
    Sec. 2. This Order shall be effective as of January 1, 1984.
                                                          Ronald Reagan.

                  Section Referred to in Other Sections

    This section is referred to in sections 3307, 3323, 5541, 5545a, 
5545b, 7371, 8332, 8339, 8342, 8344, 8347, 8401, 8411, 8415, 8467, 8704 
of this title; title 10 section 945; title 12 section 1723a; title 19 
section 58c; title 22 sections 3671, 3681, 3968, 4046; title 26 sections 
402, 7447; title 28 section 376; title 38 sections 7296, 7426, 7438; 
title 45 section 1206; title 50 section 2036.
