Other
Program Legislation
PL 106-265: Long Term Care Security Act
H.R.4040
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend title 5, United States Code, to provide for the
establishment of a program under which long-term care insurance is made
available to Federal employees, members of the uniformed services, and civilian
and military retirees, provide for the correction of retirement coverage errors
under chapters 83 and 84 of such title, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
TITLE I--FEDERAL LONG-TERM CARE INSURANCE
SEC. 1001. SHORT TITLE.
This title may be cited as the `Long-Term Care Security Act'.
SEC. 1002. LONG-TERM CARE INSURANCE.
(a) IN GENERAL- Subpart G of part III of title 5, United States Code, is
amended by adding at the end the following:
`CHAPTER 90--LONG-TERM CARE INSURANCE
9002. Availability of insurance.
9003. Contracting authority.
9006. Studies, reports, and audits.
9007. Jurisdiction of courts.
9008. Administrative functions.
9009. Cost accounting standards.
`Sec. 9001. Definitions
For purposes of this chapter:
(1) EMPLOYEE- The term `employee' means--
(A) an employee as defined by section 8901(1);
(B) an individual described in section 2105(e);
and
(C) an individual employed by the Tennessee Valley
Authority,
but does not include an individual employed by the government of the
District of Columbia.
(2) ANNUITANT- The term `annuitant' has the meaning such term would
have under paragraph (3) of section 8901 if, for purposes of such paragraph,
the term `employee' were considered to have the meaning given to it under
paragraph (1) of this subsection.
(3) MEMBER OF THE UNIFORMED SERVICES- The term `member of the uniformed
services' means a member of the uniformed services, other than a retired
member of the uniformed services, who is--
(A) on active duty or full-time National Guard
duty for a period of more than 30 days; and
(B) a member of the Selected Reserve.
(4) RETIRED MEMBER OF THE UNIFORMED SERVICES- The term `retired member
of the uniformed services' means a member or former member of the uniformed
services entitled to retired or retainer pay, including a member or former
member retired under chapter 1223 of title 10 who has attained the age of 60
and who satisfies such eligibility requirements as the Office of Personnel
Management prescribes under section 9008.
(5) QUALIFIED RELATIVE- The term `qualified relative' means each of the
following:
(A) The spouse of an individual described in paragraph
(1), (2), (3), or (4).
(B) A parent, stepparent, or parent-in-law of
an individual described in paragraph (1) or (3).
(C) A child (including an adopted child, a stepchild,
or, to the extent the Office of Personnel Management
by regulation provides, a foster child) of an
individual described in paragraph (1), (2), (3),
or (4), if such child is at least 18 years of
age.
(D) An individual having such other relationship to an individual
described in paragraph (1), (2), (3), or (4) as the Office may by
regulation prescribe.
(6) ELIGIBLE INDIVIDUAL- The term `eligible individual' refers to an
individual described in paragraph (1), (2), (3), (4), or (5).
(7) QUALIFIED CARRIER- The term `qualified carrier' means an insurance
company (or consortium of insurance companies) that is licensed to issue
long-term care insurance in all States, taking any subsidiaries of such a
company into account (and, in the case of a consortium, considering the
member companies and any subsidiaries thereof, collectively).
(8) STATE- The term `State' includes the District of Columbia.
(9) QUALIFIED LONG-TERM CARE INSURANCE CONTRACT- The term `qualified
long-term care insurance contract' has the meaning given such term by
section 7702B of the Internal Revenue Code of 1986.
(10) APPROPRIATE SECRETARY- The term `appropriate Secretary'
means--
(A) except as otherwise provided in this paragraph,
the Secretary of Defense;
(B) with respect to the Coast Guard when it is
not operating as a service of the Navy, the Secretary
of Transportation;
(C) with respect to the commissioned corps of
the National Oceanic and Atmospheric Administration,
the Secretary of Commerce; and
(D) with respect to the commissioned corps of the Public Health
Service, the Secretary of Health and Human Services.
`Sec. 9002. Availability of insurance
(a) IN GENERAL- The Office of Personnel Management
shall establish and, in consultation with the appropriate
Secretaries, administer a program through which an
individual described in paragraph (1), (2), (3), (4),
or (5) of section 9001 may obtain long-term care insurance
coverage under this chapter for such individual.
(b) GENERAL REQUIREMENTS- Long-term care insurance may not be offered
under this chapter unless--
(1) the only coverage provided is under qualified
long-term care insurance contracts; and
(2) each insurance contract under which any such coverage is provided
is issued by a qualified carrier.
(c) DOCUMENTATION REQUIREMENT- As a condition for obtaining long-term
care insurance coverage under this chapter based on one's status as a
qualified relative, an applicant shall provide documentation to demonstrate
the relationship, as prescribed by the Office.
(d) UNDERWRITING STANDARDS-
(1) DISQUALIFYING CONDITION- Nothing in this chapter
shall be considered to require that long-term care
insurance coverage be made available in the case
of any individual who would be eligible for benefits
immediately.
(2) SPOUSAL PARITY- For the purpose of underwriting
standards, a spouse of an individual described in
paragraph (1), (2), (3), or (4) of section 9001
shall, as nearly as practicable, be treated like
that individual.
(3) GUARANTEED ISSUE- Nothing in this chapter shall
be considered to require that long-term care insurance
coverage be guaranteed to an eligible individual.
(4) REQUIREMENT THAT CONTRACT BE FULLY INSURED-
In addition to the requirements otherwise applicable
under section 9001(9), in order to be considered
a qualified long-term care insurance contract for
purposes of this chapter, a contract must be fully
insured, whether through reinsurance with other
companies or otherwise.
(5) HIGHER STANDARDS ALLOWABLE- Nothing in this chapter shall, in the
case of an individual applying for long-term care insurance coverage under
this chapter after the expiration of such individual's first opportunity to
enroll, preclude the application of underwriting standards more stringent
than those that would have applied if that opportunity had not yet
expired.
(e) GUARANTEED RENEWABILITY- The benefits and coverage made available to
eligible individuals under any insurance contract under this chapter shall be
guaranteed renewable (as defined by section 7A(2) of the model regulations
described in section 7702B(g)(2) of the Internal Revenue Code of 1986),
including the right to have insurance remain in effect so long as premiums
continue to be timely made. However, the authority to revise premiums under
this chapter shall be available only on a class basis and only to the extent
otherwise allowable under section 9003(b).
`Sec. 9003. Contracting authority
(a) IN GENERAL- The Office of Personnel Management shall, without regard
to section 5 of title 41 or any other statute requiring competitive bidding,
contract with one or more qualified carriers for a policy or policies of
long-term care insurance. The Office shall ensure that each resulting contract
(hereafter in this chapter referred to as a `master contract') is awarded on
the basis of contractor qualifications, price, and reasonable competition.
(b) TERMS AND CONDITIONS-
(1) IN GENERAL- Each master contract under this chapter shall
contain--
(A) a detailed statement of the benefits offered
(including any maximums, limitations, exclusions,
and other definitions of benefits);
(B) the premiums charged (including any limitations
or other conditions on their subsequent adjustment);
(C) the terms of the enrollment period; and
(D) such other terms and conditions as may be mutually agreed to by
the Office and the carrier involved, consistent with the requirements of
this chapter.
(2) PREMIUMS- Premiums charged under each master contract entered into
under this section shall reasonably and equitably reflect the cost of the
benefits provided, as determined by the Office. The premiums shall not be
adjusted during the term of the contract unless mutually agreed to by the
Office and the carrier.
(3) NONRENEWABILITY- Master contracts under this chapter may not be
made automatically renewable.
(c) PAYMENT OF REQUIRED BENEFITS; DISPUTE RESOLUTION-
(1) IN GENERAL- Each master contract under this chapter shall require
the carrier to agree--
(A) to provide payments or benefits to an eligible
individual if such individual is entitled thereto
under the terms of the contract; and
(B) with respect to disputes regarding claims for payments or
benefits under the terms of the contract--
(i) to establish internal procedures designed
to expeditiously resolve such disputes; and
(ii) to establish, for disputes not resolved through procedures
under clause (i), procedures for one or more alternative means of
dispute resolution involving independent third-party review under
appropriate circumstances by entities mutually acceptable to the Office
and the carrier.
(2) ELIGIBILITY- A carrier's determination as to whether or not a
particular individual is eligible to obtain long-term care insurance
coverage under this chapter shall be subject to review only to the extent
and in the manner provided in the applicable master contract.
(3) OTHER CLAIMS- For purposes of applying the Contract Disputes Act of
1978 to disputes arising under this chapter between a carrier and the
Office--
(A) the agency board having jurisdiction to decide
an appeal relative to such a dispute shall be
such board of contract appeals as the Director
of the Office of Personnel Management shall specify
in writing (after appropriate arrangements, as
described in section 8(c) of such Act); and
(B) the district courts of the United States shall have original
jurisdiction, concurrent with the United States Court of Federal Claims,
of any action described in section 10(a)(1) of such Act relative to such a
dispute.
(4) RULE OF CONSTRUCTION- Nothing in this chapter shall be considered
to grant authority for the Office or a third-party reviewer to change the
terms of any contract under this chapter.
(1) IN GENERAL- Each master contract under this chapter shall be for a
term of 7 years, unless terminated earlier by the Office in accordance with
the terms of such contract. However, the rights and responsibilities of the
enrolled individual, the insurer, and the Office (or duly designated
third-party administrator) under such contract shall continue with respect
to such individual until the termination of coverage of the enrolled
individual or the effective date of a successor contract thereto.
(A) SHORTER DURATION- In the case of a master
contract entered into before the end of the period
described in subparagraph (B), paragraph (1) shall
be applied by substituting `ending on the last
day of the 7-year period described in paragraph
(2)(B)' for `of 7 years'.
(B) DEFINITION- The period described in this subparagraph is the
7-year period beginning on the earliest date as of which any long-term
care insurance coverage under this chapter becomes effective.
(3) CONGRESSIONAL NOTIFICATION- No later than 180 days after receiving
the second report required under section 9006(c), the President (or his
designee) shall submit to the Committees on Government Reform and on Armed
Services of the House of Representatives and the Committees on Governmental
Affairs and on Armed Services of the Senate, a written recommendation as to
whether the program under this chapter should be continued without
modification, terminated, or restructured. During the 180-day period
following the date on which the President (or his designee) submits the
recommendation required under the preceding sentence, the Office of
Personnel Management may not take any steps to rebid or otherwise contract
for any coverage to be available at any time following the expiration of the
7-year period described in paragraph (2)(B).
(4) FULL PORTABILITY- Each master contract under this chapter shall
include such provisions as may be necessary to ensure that, once an
individual becomes duly enrolled, long-term care insurance coverage obtained
by such individual pursuant to that enrollment shall not be terminated due
to any change in status (such as separation from Government service or the
uniformed services) or ceasing to meet the requirements for being considered
a qualified relative (whether as a result of dissolution of marriage or
otherwise).
`Sec. 9004. Financing
(a) IN GENERAL- Each eligible individual obtaining long-term care
insurance coverage under this chapter shall be responsible for 100 percent of
the premiums for such coverage.
(1) IN GENERAL- The amount necessary to pay the premiums for enrollment
may--
(A) in the case of an employee, be withheld from
the pay of such employee;
(B) in the case of an annuitant, be withheld from
the annuity of such annuitant;
(C) in the case of a member of the uniformed services
described in section 9001(3), be withheld from
the pay of such member; and
(D) in the case of a retired member of the uniformed services
described in section 9001(4), be withheld from the retired pay or retainer
pay payable to such member.
(2) VOLUNTARY WITHHOLDINGS FOR QUALIFIED RELATIVES- Withholdings to pay
the premiums for enrollment of a qualified relative may, upon election of
the appropriate eligible individual (described in section 9001(1)-(4)), be
withheld under paragraph (1) to the same extent and in the same manner as if
enrollment were for such individual.
(c) DIRECT PAYMENTS- All amounts withheld under this section shall be
paid directly to the carrier.
(d) OTHER FORMS OF PAYMENT- Any enrollee who does not elect to have
premiums withheld under subsection (b) or whose pay, annuity, or retired or
retainer pay (as referred to in subsection (b)(1)) is insufficient to cover
the withholding required for enrollment (or who is not receiving any regular
amounts from the Government, as referred to in subsection (b)(1), from which
any such withholdings may be made, and whose premiums are not otherwise being
provided for under subsection (b)(2)) shall pay an amount equal to the full
amount of those charges directly to the carrier.
(e) SEPARATE ACCOUNTING REQUIREMENT- Each carrier participating under
this chapter shall maintain records that permit it to account for all amounts
received under this chapter (including investment earnings on those amounts)
separate and apart from all other funds.
(1) REASONABLE INITIAL COSTS-
(A) IN GENERAL- The Employees' Life Insurance
Fund is available, without fiscal year limitation,
for reasonable expenses incurred by the Office
of Personnel Management in administering this
chapter before the start of the 7-year period
described in section 9003(d)(2)(B), including
reasonable implementation costs.
(B) REIMBURSEMENT REQUIREMENT- Such Fund shall be reimbursed, before
the end of the first year of that 7-year period, for all amounts obligated
or expended under subparagraph (A) (including lost investment income).
Such reimbursement shall be made by carriers, on a pro rata basis, in
accordance with appropriate provisions which shall be included in master
contracts under this chapter.
(A) IN GENERAL- There is hereby established in
the Employees' Life Insurance Fund a Long-Term
Care Administrative Account, which shall be available
to the Office, without fiscal year limitation,
to defray reasonable expenses incurred by the
Office in administering this chapter after the
start of the 7-year period described in section
9003(d)(2)(B).
(B) REIMBURSEMENT REQUIREMENT- Each master contract under this
chapter shall include appropriate provisions under which the carrier
involved shall, during each year, make such periodic contributions to the
Long-Term Care Administrative Account as necessary to ensure that the
reasonable anticipated expenses of the Office in administering this
chapter during such year (adjusted to reconcile for any earlier
overestimates or underestimates under this subparagraph) are
defrayed.
`Sec. 9005. Preemption
The terms of any contract under this chapter which relate to the nature,
provision, or extent of coverage or benefits (including payments with respect
to benefits) shall supersede and preempt any State or local law, or any
regulation issued thereunder, which relates to long-term care insurance or
contracts.
`Sec. 9006. Studies, reports, and audits
(a) PROVISIONS RELATING TO CARRIERS- Each master contract under this
chapter shall contain provisions requiring the carrier--
(1) to furnish such reasonable reports as the Office
of Personnel Management determines to be necessary
to enable it to carry out its functions under this
chapter; and
(2) to permit the Office and representatives of the General Accounting
Office to examine such records of the carrier as may be necessary to carry
out the purposes of this chapter.
(b) PROVISIONS RELATING TO FEDERAL AGENCIES- Each Federal agency shall
keep such records, make such certifications, and furnish the Office, the
carrier, or both, with such information and reports as the Office may
require.
(c) REPORTS BY THE GENERAL ACCOUNTING OFFICE- The General Accounting
Office shall prepare and submit to the President, the Office of Personnel
Management, and each House of Congress, before the end of the third and fifth
years during which the program under this chapter is in effect, a written
report evaluating such program. Each such report shall include an analysis of
the competitiveness of the program, as compared to both group and individual
coverage generally available to individuals in the private insurance market.
The Office shall cooperate with the General Accounting Office to provide
periodic evaluations of the program.
`Sec. 9007. Jurisdiction of courts
The district courts of the United States have original jurisdiction of a
civil action or claim described in paragraph (1) or (2) of section 9003(c),
after such administrative remedies as required under such paragraph (1) or (2)
(as applicable) have been exhausted, but only to the extent judicial review is
not precluded by any dispute resolution or other remedy under this chapter.
`Sec. 9008. Administrative functions
(a) IN GENERAL- The Office of Personnel Management
shall prescribe regulations necessary to carry out
this chapter.
(b) ENROLLMENT PERIODS- The Office shall provide for
periodic coordinated enrollment, promotion, and education
efforts in consultation with the carriers.
(c) CONSULTATION- Any regulations necessary to effect
the application and operation of this chapter with
respect to an eligible individual described in paragraph
(3) or (4) of section 9001, or a qualified relative
thereof, shall be prescribed by the Office in consultation
with the appropriate Secretary.
(d) INFORMED DECISIONMAKING- The Office shall ensure that each eligible
individual applying for long-term care insurance under this chapter is
furnished the information necessary to enable that individual to evaluate the
advantages and disadvantages of obtaining long-term care insurance under this
chapter, including the following:
(1) The principal long-term care benefits and coverage
available under this chapter, and how those benefits
and coverage compare to the range of long-term care
benefits and coverage otherwise generally available.
(2) Representative examples of the cost of long-term care, and the
sufficiency of the benefits available under this chapter relative to those
costs. The information under this paragraph shall also include--
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(A) the projected effect of inflation on the value
of those benefits; and
(B) a comparison of the inflation-adjusted value of those benefits to
the projected future costs of long-term care.
(3) Any rights individuals under this chapter may have to cancel
coverage, and to receive a total or partial refund of premiums. The
information under this paragraph shall also include--
(A) the projected number or percentage of individuals
likely to fail to maintain their coverage (determined
based on lapse rates experienced under similar
group long-term care insurance programs and, when
available, this chapter); and
(B)(i) a summary description of how and when premiums
for long-term care insurance under this chapter
may be raised;
(ii) the premium history during the last 10 years
for each qualified carrier offering long-term
care insurance under this chapter; and
(iii) if cost increases are anticipated, the projected premiums for a
typical insured individual at various ages.
(4) The advantages and disadvantages of long-term care insurance
generally, relative to other means of accumulating or otherwise acquiring
the assets that may be needed to meet the costs of long-term care, such as
through tax-qualified retirement programs or other investment
vehicles.
`Sec. 9009. Cost accounting standards
The cost accounting standards issued pursuant to section 26(f) of the
Office of Federal Procurement Policy Act (41 U.S.C. 422(f)) shall not apply
with respect to a long-term care insurance contract under this chapter.'.
(b) CONFORMING AMENDMENT- The analysis for part III of title 5, United
States Code, is amended by adding at the end of subpart G the following:
90. Long-Term Care Insurance
--9001.'.
SEC. 1003. EFFECTIVE DATE.
The Office of Personnel Management shall take such measures as may be
necessary to ensure that long-term care insurance coverage under title 5,
United States Code, as amended by this title, may be obtained in time to take
effect not later than the first day of the first applicable pay period of the
first fiscal year which begins after the end of the 18-month period beginning
on the date of the enactment of this Act.
TITLE II--FEDERAL RETIREMENT COVERAGE ERRORS CORRECTION
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- The table of contents for this title is as
follows:
TITLE II--FEDERAL RETIREMENT COVERAGE ERRORS CORRECTION
Sec. 2001. Short title; table of contents.
Sec. 2003. Applicability.
Sec. 2004. Irrevocability of elections.
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. 2102. Annuitants and survivors.
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.
Sec. 2112. Correction mandatory.
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.
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.
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.
Sec. 2133. Retroactive effect.
Chapter 5--Employee Who Should Have Been CSRS-Offset Covered, but Who Was
Erroneously CSRS Covered Instead
Sec. 2141. Applicability.
Sec. 2142. Correction mandatory.
Chapter 6--Employee Who Should Have Been CSRS Covered, but Who Was
Erroneously CSRS-Offset Covered Instead
Sec. 2151. Applicability.
Sec. 2152. Correction mandatory.
Subtitle B--General Provisions
Sec. 2201. Identification and notification requirements.
Sec. 2202. Information to be furnished to and by
authorities administering this title.
Sec. 2203. Service credit deposits.
Sec. 2204. Provisions related to Social Security
coverage of misclassified employees.
Sec. 2205. Thrift Savings Plan treatment for certain
individuals.
Sec. 2206. Certain agency amounts to be paid into
or remain in the CSRDF.
Sec. 2207. CSRS coverage determinations to be approved
by OPM.
Sec. 2208. Discretionary actions by Director.
Subtitle C--Other Provisions
Sec. 2301. Provisions to authorize continued conformity
of other Federal retirement systems.
Sec. 2302. Authorization of payments.
Sec. 2303. Individual right of action preserved for amounts not
otherwise provided for under this title.
Subtitle D--Effective Date
Sec. 2401. Effective date.
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 (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 (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.
(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.
(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.
(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.
(1) APPLICABILITY- This subsection applies if the
retirement coverage error was corrected before the
effective date of the regulations described under
subsection (b).
(i) CSRS-OFFSET COVERED- Not later than 180
days after the date of the enactment of this
Act, 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.
(1) ELECTION- Not later than 180 days after the
date of the enactment of this Act, 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).
(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.
(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.
(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.
(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, 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.
(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).
(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.
(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, 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.
(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 or the Federal Employees'
Retirement System Open Enrollment Act of 1997 (Public Law 105-61; 111 Stat.
1318 et seq.), 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.
(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.
(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.
(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, 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) 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.
(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). 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).
(2) PAYMENT- Amounts paid under this subsection shall be determined
subject to any limitation under section 6501 of the Internal Revenue Code of
1986.
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-
(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).
(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, 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.
Speaker of the House of Representatives, Vice President
of the United States and President of the Senate.
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