Federal Employee Benefits Bill (HR 2990) Including FERS Sick Leave Credit
Thursday, June 25, 2009
H.R.2990
SEC. 201. CREDIT FOR UNUSED SICK LEAVE.
(a) In General- Section 8415 of title 5, United States Code, is amended--
(1) by redesignating the second subsection (k) and subsection (l) as subsections (l) and (m), respectively; and
(2) in subsection (l) (as so redesignated by paragraph (1))--
(A) by striking `(l) In computing' and inserting `(l)(1) In computing'; and
(B) by adding at the end the following:
`(2) Except as provided in paragraph (1), in computing an annuity under this subchapter, the total service of an employee who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to annuity includes the days of unused sick leave to his credit under a formal leave system and for which days the employee has not received payment, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter. For purposes of this subsection, in the case of any such employee who is excepted from subchapter I of chapter 63 under section 6301(2)(x) through (xiii), the days of unused sick leave to his credit include any unused sick leave standing to his credit when he was excepted from such subchapter.'.
(b) Exception From Deposit Requirement- Section 8422(d)(2) of title 5, United States Code, is amended by striking `section 8415(k)' and inserting `paragraph (1) or (2) of section 8415(l)'.
(c) Effective Date- The amendments made by this section shall apply with respect to annuities computed based on separations occurring on or after the date of enactment of this Act.
SEC. 202. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED ANNUITY UNDER THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) In General- Section 8334(d)(2)(A)(i) of title 5, United States Code, is amended by striking `October 1, 1990' each place it appears and inserting `March 1, 1991'.
(b) Applicability- The amendment made by subsection (a) shall be effective with respect to any annuity, entitlement to which is based on a separation from service occurring on or after the date of enactment of this Act.
SEC. 203. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME SERVICE.
(a) In General- Section 8339(p) of title 5, United States Code, is amended by adding at the end the following:
`(3) In the administration of paragraph (1)--
`(A) subparagraph (A) of such paragraph shall apply with respect to service performed before, on, or after April 7, 1986; and
`(B) subparagraph (B) of such paragraph--
`(i) shall apply with respect to that portion of any annuity which is attributable to service performed on or after April 7, 1986; and
`(ii) shall not apply with respect to that portion of any annuity which is attributable to service performed before April 7, 1986.'.
(b) Applicability- The amendment made by subsection (a) shall be effective with respect to any annuity, entitlement to which is based on a separation from service occurring on or after the date of enactment of this Act.
SEC. 204. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.
(a) Deposit Authority- Section 8422 of title 5, United States Code, is amended by adding at the end the following:
`(i)(1) Each employee or Member who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which such employee or Member may be allowed credit under this chapter may deposit the amount received, with interest. Credit may not be allowed for the service covered by the refund until the deposit is made.
`(2) Interest under this subsection shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the Office. The option under the third sentence of section 8334(e)(2) to make a deposit in one or more installments shall apply to deposits under this subsection.
`(3) For the purpose of survivor annuities, deposits authorized by this subsection may also be made by a survivor of an employee or Member.'.
(b) Technical and Conforming Amendments-
(1) DEFINITIONAL AMENDMENT- Section 8401(19)(C) of title 5, United States Code, is amended by striking `8411(f);' and inserting `8411(f) or 8422(i);'.
(2) CREDITING OF DEPOSITS- Section 8422(c) of title 5, United States Code, is amended by adding at the end the following: `Deposits made by an employee, Member, or survivor also shall be credited to the Fund.'.
(3) SECTION HEADING- (A) The heading for section 8422 of title 5, United States Code, is amended to read as follows:
`Sec. 8422. Deductions from pay; contributions for other service; deposits'.
(B) The analysis for chapter 84 of title 5, United States Code, is amended by striking the item relating to section 8422 and inserting the following:
`8422. Deductions from pay; contributions for other service; deposits.'.
(4) RESTORATION OF ANNUITY RIGHTS- The last sentence of section 8424(a) of title 5, United States Code, is amended by striking `based.' and inserting `based, until the employee or Member is reemployed in the service subject to this chapter.'.
SEC. 205. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE TO FEDERAL SERVICE.
(a) Retirement Credit-
(1) IN GENERAL- Any individual who is treated as an employee of the Federal Government for purposes of chapter 83 or chapter 84 of title 5, United States Code, on or after the date of enactment of this Act who performed qualifying District of Columbia service shall be entitled to have such service included in calculating the individual's creditable service under sections 8332 or 8411 of title 5, United States Code, but only for purposes of the following provisions of such title:
(A) Sections 8333 and 8410 (relating to eligibility for annuity).
(B) Sections 8336 (other than subsections (d), (h), and (p) thereof) and 8412 (relating to immediate retirement).
(C) Sections 8338 and 8413 (relating to deferred retirement).
(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating to early retirement).
(E) Section 8341 and subchapter IV of chapter 84 (relating to survivor annuities).
(F) Section 8337 and subchapter V of chapter 84 (relating to disability benefits).
(2) TREATMENT OF DETENTION OFFICER SERVICE AS LAW ENFORCEMENT OFFICER SERVICE- Any portion of an individual's qualifying District of Columbia service which consisted of service as a detention officer under section 2604(2) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be treated as service as a law enforcement officer under sections 8331(20) or 8401(17) of title 5, United States Code, for purposes of applying paragraph (1) with respect to the individual.
(3) SERVICE NOT INCLUDED IN COMPUTING AMOUNT OF ANY ANNUITY- Qualifying District of Columbia service shall not be taken into account for purposes of computing the amount of any benefit payable out of the Civil Service Retirement and Disability Fund.
(b) Qualifying District of Columbia Service Defined- In this section, `qualifying District of Columbia service' means any of the following:
(1) Service performed by an individual as a nonjudicial employee of the District of Columbia courts--
(A) which was performed prior to the effective date of the amendments made by section 11246(b) of the Balanced Budget Act of 1997; and
(B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title).
(2) Service performed by an individual as an employee of an entity of the District of Columbia government whose functions were transferred to the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee under section 11232 of the Balanced Budget Act of 1997--
(A) which was performed prior to the effective date of the individual's coverage as an employee of the Federal Government under section 11232(f) of such Act; and
(B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title).
(3) Service performed by an individual as an employee of the District of Columbia Public Defender Service--
(A) which was performed prior to the effective date of the amendments made by section 7(e) of the District of Columbia Courts and Justice Technical Corrections Act of 1998; and
(B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title).
(4) In the case of an individual who was an employee of the District of Columbia Department of Corrections who was separated from service as a result of the closing of the Lorton Correctional Complex and who was appointed to a position with the Bureau of Prisons, the District of Columbia courts, the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee, the United States Parole Commission, or the District of Columbia Public Defender Service, service performed by the individual as an employee of the District of Columbia Department of Corrections--
(A) which was performed prior to the effective date of the individual's coverage as an employee of the Federal Government; and
(B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title).
(c) Certification of Service- The Office of Personnel Management shall accept the certification of the appropriate personnel official of the government of the District of Columbia or other independent employing entity concerning whether an individual performed qualifying District of Columbia service and the length of the period of such service the individual performed.
SEC. 211. SHORT TITLE.
This subtitle may be cited as the `Non-Foreign Area Retirement Equity Assurance Act of 2009' or the `Non-Foreign AREA Act of 2009'.
SEC. 212. EXTENSION OF LOCALITY PAY.
(a) Locality-based Comparability Payments- Section 5304 of title 5, United States Code, is amended--
(1) in subsection (f)(1), by striking subparagraph (A) and inserting the following:
`(A) each General Schedule position in the United States, as defined under section 5921(4), and its territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands, shall be included within a pay locality;';
(2) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking `and' after the semicolon;
(ii) in subparagraph (B) by striking the period and inserting `; and'; and
(iii) by adding after subparagraph (B) the following:
`(C) positions under subsection (h)(1)(C) not covered by appraisal systems certified under section 5382; and'; and
(B) by adding at the end the following:
`(3) The applicable maximum under this subsection shall be level II of the Executive Schedule for positions under subsection (h)(1)(C) covered by appraisal systems certified under section 5307(d).'; and
(3) in subsection (h)(1)--
(A) in subparagraph (B) by striking `and' after the semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B) the following:
`(C) a Senior Executive Service position under section 3132 or 3151 or a senior level position under section 5376 stationed within the United States, but outside the 48 contiguous States and the District of Columbia in which the incumbent was an individual who on the day before the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009 was eligible to receive a cost-of-living allowance under section 5941; and';
(D) in clause (iv) in the matter following subparagraph (D), by inserting `, except for members covered by subparagraph (C)' before the semicolon; and
(E) in clause (v) in the matter following subparagraph (D), by inserting `, except for members covered by subparagraph (C)' before the semicolon.
(b) Allowances Based on Living Costs and Conditions of Environment- Section 5941 of title 5, United States Code, is amended--
(1) in subsection (a), by adding after the last sentence `Notwithstanding any preceding provision of this subsection, the cost-of-living allowance rate based on paragraph (1) shall be the cost-of-living allowance rate in effect on the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009, except as adjusted under subsection (c).';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
`(b) This section shall apply only to areas that are designated as cost-of-living allowance areas as in effect on December 31, 2009.
`(c)(1) The cost-of-living allowance rate payable under this section shall be adjusted on the first day of the first applicable pay period beginning on or after--
`(A) January 1, 2010; and
`(B) January 1 of each calendar year in which a locality-based comparability adjustment takes effect under section 214 (2) and (3) of the Non-Foreign Area Retirement Equity Assurance Act of 2009.
`(2)(A) In this paragraph, the term `applicable locality-based comparability pay percentage' means, with respect to calendar year 2010 and each calendar year thereafter, the applicable percentage under section 214 (1), (2), or (3) of Non-Foreign Area Retirement Equity Assurance Act of 2009.
`(B) Each adjusted cost-of-living allowance rate under paragraph (1) shall be computed by--
`(i) subtracting 65 percent of the applicable locality-based comparability pay percentage from the cost-of-living allowance percentage rate in effect on December 31, 2009; and
`(ii) dividing the resulting percentage determined under clause (i) by the sum of--
`(I) one; and
`(II) the applicable locality-based comparability payment percentage expressed as a numeral.
`(3) No allowance rate computed under paragraph (2) may be less than zero.
`(4) Each allowance rate computed under paragraph (2) shall be paid as a percentage of basic pay (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law).'.
SEC. 213. ADJUSTMENT OF SPECIAL RATES.
(a) In General- Each special rate of pay established under section 5305 of title 5, United States Code, and payable in an area designated as a cost-of-living allowance area under section 5941(a) of that title, shall be adjusted, on the dates prescribed by section 214 of this subtitle, in accordance with regulations prescribed by the Director of the Office of Personnel Management under section 218 of this subtitle.
(b) Agencies With Statutory Authority-
(1) IN GENERAL- Each special rate of pay established under an authority described under paragraph (2) and payable in a location designated as a cost-of-living allowance area under section 5941(a)(1) of title 5, United States Code, shall be adjusted in accordance with regulations prescribed by the applicable head of the agency that are consistent with the regulations issued by the Director of the Office of Personnel Management under subsection (a).
(2) STATUTORY AUTHORITY- The authority referred to under paragraph (1), is any statutory authority that--
(A) is similar to the authority exercised under section 5305 of title 5, United States Code;
(B) is exercised by the head of an agency when the head of the agency determines it to be necessary in order to obtain or retain the services of persons specified by statute; and
(C) authorizes the head of the agency to increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations.
(c) Temporary Adjustment- Regulations issued under subsection (a) or (b) may provide that statutory limitations on the amount of such special rates may be temporarily raised to a higher level during the transition period described in section 214 ending on the first day of the first pay period beginning on or after January 1, 2012, at which time any special rate of pay in excess of the applicable limitation shall be converted to a retained rate under section 5363 of title 5, United States Code.
SEC. 214. TRANSITION SCHEDULE FOR LOCALITY-BASED COMPARABILITY PAYMENTS.
Notwithstanding any other provision of this subtitle or section 5304 or 5304a of title 5, United States Code, in implementing the amendments made by this subtitle, for each non-foreign area determined under section 5941(b) of that title, the applicable rate for the locality-based comparability adjustment that is used in the computation required under section 5941(c) of that title shall be adjusted effective on the first day of the first pay period beginning on or after January 1--
(1) in calendar year 2010, by using 1/3 of the locality pay percentage for the rest of United States locality pay area;
(2) in calendar year 2011, by using 2/3 of the otherwise applicable comparability payment approved by the President for each non-foreign area; and
(3) in calendar year 2012 and each subsequent year, by using the full amount of the applicable comparability payment approved by the President for each non-foreign area.
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