
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8423]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                      SUBCHAPTER II--BASIC ANNUITY
 
Sec. 8423. Government contributions

    (a)(1) Each employing agency having any employees or Members subject 
to section 8422(a) shall contribute to the Fund an amount equal to the 
sum of--
        (A) the product of--
            (i) the normal-cost percentage, as determined for employees 
        (other than employees covered by subparagraph (B)), multiplied 
        by
            (ii) the aggregate amount of basic pay payable by the 
        agency, for the period involved, to employees (under clause (i)) 
        who are within such agency; and

        (B) the product of--
            (i) the normal-cost percentage, as determined for Members, 
        Congressional employees, law enforcement officers, members of 
        the Supreme Court Police, firefighters, nuclear materials 
        couriers, air traffic controllers, military reserve technicians, 
        and employees under sections 302 and 303 of the Central 
        Intelligence Agency Retirement Act, multiplied by
            (ii) the aggregate amount of basic pay payable by the 
        agency, for the period involved, to employees and Members (under 
        clause (i)) who are within such agency.

    (2) In determining any normal-cost percentage to be applied under 
this subsection, amounts provided for under section 8422 shall be taken 
into account.
    (3) Contributions under this subsection shall be paid--
        (A) in the case of law enforcement officers, members of the 
    Supreme Court Police, firefighters, nuclear materials couriers, air 
    traffic controllers, military reserve technicians, and other 
    employees, from the appropriation or fund used to pay such law 
    enforcement officers, members of the Supreme Court Police, 
    firefighters, nuclear materials couriers, air traffic controllers, 
    military reserve technicians, or other employees, respectively;
        (B) in the case of elected officials, from an appropriation or 
    fund available for payment of other salaries of the same office or 
    establishment; and
        (C) in the case of employees of the legislative branch paid by 
    the Chief Administrative Officer of the House of Representatives, 
    from the applicable accounts of the House of Representatives.

    (4) A contribution to the Fund under this subsection shall be 
deposited under such procedures as the Comptroller General of the United 
States may prescribe.
    (b)(1) The Office shall compute--
        (A) the amount of the supplemental liability of the Fund with 
    respect to individuals other than those to whom subparagraph (B) 
    relates, and
        (B) the amount of the supplemental liability of the Fund with 
    respect to current or former employees of the United States Postal 
    Service (and the Postal Rate Commission) and their survivors;

as of the close of each fiscal year beginning after September 30, 1987.
    (2) The amount of any supplemental liability computed under 
paragraph (1)(A) or (1)(B) shall be amortized in 30 equal annual 
installments, with interest computed at the rate used in the most recent 
valuation of the System.
    (3) At the end of each fiscal year, the Office shall notify--
        (A) the Secretary of the Treasury of the amount of the 
    installment computed under this subsection for such year with 
    respect to individuals under paragraph (1)(A); and
        (B) the Postmaster General of the United States of the amount of 
    the installment computed under this subsection for such year with 
    respect to individuals under paragraph (1)(B).

    (4)(A) Before closing the accounts for a fiscal year, the Secretary 
of the Treasury shall credit to the Fund, as a Government contribution, 
out of any money in the Treasury of the United States not otherwise 
appropriated, the amount under paragraph (3)(A) for such year.
    (B) Upon receiving notification under paragraph (3)(B), the United 
States Postal Service shall pay the amount specified in such 
notification to the Fund.
    (5) For the purpose of carrying out paragraph (1) with respect to 
any fiscal year, the Office may--
        (A) require the Board of Actuaries of the Civil Service 
    Retirement System to make actuarial determinations and valuations, 
    make recommendations, and maintain records in the same manner as 
    provided in section 8347(f); and
        (B) use the latest actuarial determinations and valuations made 
    by such Board of Actuaries.

    (c) Under regulations prescribed by the Office, the head of an 
agency may request reconsideration of any amount determined to be 
payable with respect to such agency under subsection (a) or (b). Any 
such request shall be referred to the Board of Actuaries of the Civil 
Service Retirement System. The Board of Actuaries shall review the 
computations of the Office and may make any adjustment with respect to 
any such amount which the Board determines appropriate. A determination 
by the Board of Actuaries under this subsection shall be final.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
537; amended Pub. L. 102-378, Sec. 2(66), Oct. 2, 1992, 106 Stat. 1354; 
Pub. L. 102-496, title VIII, Sec. 803(c), Oct. 24, 1992, 106 Stat. 3253; 
Pub. L. 104-186, title II, Sec. 215(15), Aug. 20, 1996, 110 Stat. 1746; 
Pub. L. 105-261, div. C, title XXXI, Sec. 3154(j), Oct. 17, 1998, 112 
Stat. 2256; Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 308(c)(4)], 
Dec. 21, 2000, 114 Stat. 2762, 2762A-87.)

                       References in Text

    Sections 302 and 303 of the Central Intelligence Agency Retirement 
Act, referred to in subsec. (a)(1)(B)(i), are classified to sections 
2152 and 2153, respectively, of Title 50, War and National Defense.


                               Amendments

    2000--Subsec. (a). Pub. L. 106-553 inserted ``members of the Supreme 
Court Police,'' after ``law enforcement officers,'' wherever appearing.
    1998--Subsec. (a)(1)(B)(i), (3)(A). Pub. L. 105-261 inserted 
``nuclear materials couriers,'' after ``firefighters,'' wherever 
appearing.
    1996--Subsec. (a)(3)(C). Pub. L. 104-186 substituted ``Chief 
Administrative Officer of the House of Representatives, from the 
applicable accounts of the House of Representatives'' for ``Clerk of the 
House of Representatives, from the contingent fund of the House''.
    1992--Subsec. (a)(1)(B)(i). Pub. L. 102-496 substituted ``the 
Central Intelligence Agency Retirement Act'' for ``the Central 
Intelligence Agency Retirement Act of 1964 for Certain Employees''.
    Pub. L. 102-378 substituted ``multiplied'' for ``multipled''.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-553 effective on the first day of the first 
applicable pay period that begins on Dec. 21, 2000, and applicable only 
to an individual who is employed as a member of the Supreme Court Police 
after Dec. 21, 2000, see section 1(a)(2) [title III, Sec. 308(i), (j)] 
of Pub. L. 106-553, set out in a Supreme Court Police Retirement note 
under section 8331 of this title.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-261 effective at the beginning of the first 
pay period that begins after Oct. 17, 1998, and applicable only to an 
individual who is employed as a nuclear materials courier, as defined by 
section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see 
section 3154(m), (n) of Pub. L. 105-261, set out as a note under section 
8331 of this title.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-496 effective first day of fourth month 
beginning after Oct. 24, 1992, see section 805 of Pub. L. 102-496, set 
out as an Effective Date note under section 2001 of Title 50, War and 
National Defense.

                  Section Referred to in Other Sections

    This section is referred to in sections 8401, 8411, 8468 of this 
title; title 2 section 162b; title 22 section 4071f; title 40 section 
214d; title 42 section 2297h-8.
