§ 8342. Lump-sum benefits; designation of beneficiary; order of precedence

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Pub. L. 89–554 · 80 Stat. 378

   Enacted · 5 U.S.C. § 8342

   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 579

   Source evidence

   Code source credit
   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 579

2. 1978

   Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111

   1. Substituted · 5 U.S.C. § 8342(a)(c)(g)

      Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”

   2. Substituted · 5 U.S.C. § 8342(a)(c)(g)

      Pub. L. 95–454 substituted “Office” for “Commission”

   Source evidence

   Code amendment note
   Subsecs. (a) to (c), (g). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”.

   Enacted provision · exact public law section
   (2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;

3. 1982

   Pub. L. 97–253 § 303(c) · 96 Stat. 794

   Substituted · 5 U.S.C. § 8342(a)

   Pub. L. 97–253, § 303(c), substituted provisions that an employee or Member who is separated from the service for at least 31 consecutive days or is transferred to a position in which he is not subject to this subchapter for 31 days, and who files an application with the Office of Personnel Management for payment of a lump-sum credit, is not reemployed in a position subject to this subchapter at the time of filing, and will not be eligible for an annuity within 31 days of filing, is entitled to be paid the lump-sum credit and upon receipt of such payment, all annuity rights based on the service upon which the credit is based are voided until reemployment under this subchapter occurs for provisions that such employee or Member who was separated from the service, or was transferred to a position in which he did not continue subject to this subchapter, was entitled to be paid the lump-sum credit if his separation or transfer occurred and application for payment was filed with the Office of Personnel Management at least 31 days before the earliest commencing date of any annuity for which he was eligible, that the receipt of payment of the lump-sum credit by the individual voided all annuity rights under this subchapter until he was reemployed in the service subject to this subchapter, and that this subsection also applied to an employee or Member separated before October 1, 1956, after completing at least 20 years of civilian service

   Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 97–253, § 303(c), substituted provisions that an employee or Member who is separated from the service for at least 31 consecutive days or is transferred to a position in which he is not subject to this subchapter for 31 days, and who files an application with the Office of Personnel Management for payment of a lump-sum credit, is not reemployed in a position subject to this subchapter at the time of filing, and will not be eligible for an annuity within 31 days of filing, is entitled to be paid the lump-sum credit and upon receipt of such payment, all annuity rights based on the service upon which the credit is based are voided until reemployment under this subchapter occurs for provisions that such employee or Member who was separated from the service, or was transferred to a position in which he did not continue subject to this subchapter, was entitled to be paid the lump-sum credit if his separation or transfer occurred and application for payment was filed with the Office of Personnel Management at least 31 days before the earliest commencing date of any annuity for which he was eligible, that the receipt of payment of the lump-sum credit by the individual voided all annuity rights under this subchapter until he was reemployed in the service subject to this subchapter, and that this subsection also applied to an employee or Member separated before October 1, 1956, after completing at least 20 years of civilian service.

4. 1982

   Pub. L. 97–346 § 3(f) · 96 Stat. 1647

   Substituted · 5 U.S.C. § 8342(a)

   Pub. L. 97–346 substituted “such a position” for “such position” in par. (1)(B)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–346 substituted “such a position” for “such position” in par. (1)(B).

   Enacted provision · exact public law section
   (f) Section 8342(a)(1)(B) of such title 5 (as so amended) is amended Ante, p. 794. by striking out “such position” and inserting in lieu thereof “such a position”.

5. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 § 2(5)(A) · 98 Stat. 3195

   Substituted · 5 U.S.C. § 8342(a)

   Pub. L. 98–615, § 2(5)(A), substituted “Subject to subsection (j) of this section, an” for “An” in provisions preceding par. (1)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–615, § 2(5)(A), substituted “Subject to subsection (j) of this section, an” for “An” in provisions preceding par. (1).

   Enacted provision · exact public law section
   (A) by striking out “An” and inserting in lieu thereof “Subject to subsection (j) of this section, an”; and

6. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 § 2(5)(B) · 98 Stat. 3195

   Added · 5 U.S.C. § 8342(j)

   Pub. L. 98–615, § 2(5)(B), added subsec. (j)

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 98–615, § 2(5)(B), added subsec. (j).

   Enacted provision · exact public law section
   (B) by adding at the end thereof the following new subsection: “(j) (1) Payment of the lump-sum credit under subsection (a) of this section— “(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the employee or Member’s application; and “(B) in any case in which there is a former spouse, shall be subject to the terms of a court order or decree issued with respect to such former spouse if— “(i) the order or decree expressly relates to any portion of the lump-sum credit involved, and “(ii) payment of the lump-sum credit would extinguish entitlement of the former spouse to a survivor annuity Ante, p. 3199. Infra. under section 8341(h) of this title or to any portion of an annuity under section 8345(j) of this title. “(2) (A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe. “(B) Under the regulations, the Office may provide that paragraph (1)(A) of this subsection may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined. “(3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more such orders or decrees.”;

7. 1986

   Federal Employees Benefits Improvement Act of 1986

   Pub. L. 99–251 title II § 208 · 100 Stat. 14

   Amended · 5 U.S.C. § 8342(j)(1)(B)

   Pub. L. 99–251 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in any case in which there is a former spouse, shall be subject to the terms of a court order or decree issued with respect to such former spouse if—

   Source evidence

   Code amendment note
   Subsec. (j)(1)(B). Pub. L. 99–251 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in any case in which there is a former spouse, shall be subject to the terms of a court order or decree issued with respect to such former spouse if—

   “(i) the order or decree expressly relates to any portion of the lump-sum credit involved, and “(ii) payment of the lump-sum credit would extinguish entitlement of the former spouse to a survivor annuity under section 8341(h) of this title or to any portion of an annuity under section 8345(j) of this title.”

   Enacted provision · exact public law section
   SEC. 208. EFFECT OF A SEPARATION AGREEMENT ON REFUND OF A LUMP-SUM CREDIT. Section 8342(i)(1)(B) of title 5, United States Code, is amended to read as follows: “(B) shall be subject to the terms of a court decree of divorce, annulment, or legal separation or any court order or court approved property settlement agreement incident to such decree if— “(i) the decree, order, or agreement expressly relates to any portion of the lump-sum credit involved; and “(ii) payment of the lump-sum credit would extinguish entitlement of the employee’s or Member’s spouse or former spouse to a survivor annuity under section 8341(h) of this title or to any portion of an annuity under section 8345(j) 5 USC 8345. of this title.”.

8. 1986

   Pub. L. 99–335 title II · 100 Stat. 514

   1. Inserted · 5 U.S.C. § 8342(a)

      Pub. L. 99–335 inserted “, or chapter 84 of this title,” in pars. (1)(B) and (3)

   2. Substituted · 5 U.S.C. § 8342(a)

      Pub. L. 99–335 substituted “Except as provided in section 8343a of this title, the” for “The” in second sentence

   3. Inserted · 5 U.S.C. § 8342(a)

      Pub. L. 99–335 inserted provisions regarding entitlement by an employee or Member who becomes subject to chapter 84 of this title to payment of a lump-sum credit

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–335 inserted “, or chapter 84 of this title,” in pars. (1)(B) and (3), substituted “Except as provided in section 8343a of this title, the” for “The” in second sentence, and inserted provisions regarding entitlement by an employee or Member who becomes subject to chapter 84 of this title to payment of a lump-sum credit.

   Enacted provision · exact public law
   TITLE II— OTHER AMENDMENTS TO TITLE 5 OF THE UNITED STATES CODE SEC. 201. TREATMENT UNDER CIVIL SERVICE RETIREMENT SYSTEM OF CERTAIN INDIVIDUALS EXCLUDED FROM FEDERAL EMPLOYEES’ RETIREMENT SYSTEM. (a) Deductions, Contributions, and Deposits.— (1) Section 8334 of title 5, United States Code, is amended by adding at the end thereof the following: “(k) (1) Effective with respect to pay periods beginning after December 31, 1986, in administering this section in the case of an individual described in section 8402(b)(2) of this title— “(A) the amount to be deducted and withheld by the employing agency shall be determined in accordance with paragraph (2) of this subsection instead of the first sentence of subsection (a)(1) of this section; and “(B) the amount of the contribution under the second sentence of subsection (a)(1) of this section shall be the amount which would have been contributed under such sentence if this subsection had not been enacted. “(2) (A) With respect to Federal wages of an employee or Member (or that portion thereof) not exceeding the contribution and benefit base during the calendar year involved, the appropriate amount to be deducted and withheld under this subsection is the amount by which— “(i) the total deduction for those wages (or for that portion) exceeds; “(ii) the OASDI contribution with respect to those wages (or that portion). “(B) With respect to any portion of Federal wages of an employee or Member which exceed the contribution and benefit base during the calendar year involved, the appropriate amount to be deducted and withheld under this subsection is an amount equal to the total deduction for that portion. “(C) For purposes of this paragraph— “(i) the term ‘Federal wages’ means basic pay for service as an employee or Member, as the case may be; “(ii) the term ‘contribution and benefit base’ means the contribution and benefit base in effect with respect to the period involved, as determined under section 280 of the Social Security Act; 42 USC 430. “(iii) the term ‘total deduction’, as used with respect to any Federal wages (or portion thereof), means an amount equal to the amount of those wages (or of that portion), multiplied by the percentage which (but for this subsection) would apply under the first sentence of subsection (a)(1) with respect to the individual involved; and “(iv) the term ‘OASDI contribution’, with respect to any income, means the amount of tax which may be imposed under section 3101(a) of the Internal Revenue Code of 1954 with 26 USC 3101. respect to such income (determined without regard to any income which is not a part of Federal wages). “(3) The amount of a deposit under subsection (c) of this section for any service with respect to which paragraph (1) of this subsection applies shall be equal to an amount determined based on the preceding provisions of this subsection, and shall include interest.”. (2) Such section 8334 is further amended— (A) in paragraphs (1) and (2) of subsection (e), by striking out “or (j)” and inserting in lieu thereof “(j), or (k)”; (B) in subsection (f), by inserting or “(k)” after “subsection (a)”; and (C) in subsection (h), by striking out “and (j)” and inserting in lieu thereof “(j), and (k)”. (b) Offset in Benefits.— (1) Subchapter III of chapter 83 of title 5, United States Code, is amended by adding at the end thereof the 5 USC 8331. Post, pp. 591–593. following: “§8349. Offset relating to certain benefits under the Social Security Act “(a) (1) Notwithstanding any other provision of this subchapter, if an individual under section 84020t))(2) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act, the annuity otherwise payable to such 42 USC 401. individual shall be reduced under this subsection. “(2) A reduction under this subsection commences beginning with the first month for which the individual both— “(A) is entitled to an annuity under this subchapter; and “(B) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act. “(3) (A) (i) Subject to clause (ii) and subparagraphs (B) and (C), the amount of a reduction under this subsection shall be equal to the difference between— “(I) the old-age insurance benefit which would be payable to the individual for the month referred to in paragraph (2); and “(II) the old-age insurance benefit which would be so payable, excluding all wages derived from Federal service of the individual, and assuming the individual were fully insured (as defined by section 214(a) of the Social Security Act). 42 USC 414. “(ii) For purposes of this subsection, the amount of a benefit referred to in subclause (I) or (II) of clause (i) shall be determined without regard to subsections (b) through (1) of section 203 of the Social Security Act, and without regard to the requirement that an 42 USC 403. application for such benefit be filed. (B) A reduction under this subsection— “(i) may not exceed an amount equal to the product of— “(I) the old-age insurance benefit to which the individual is entitled (or would on proper application be entitled) for the month referred to in paragraph (2), determined without regard to subsections (b) through (1) of section 203 of the Social Security Act; and “(II) a fraction, as determined under section 8421(b)(3) with respect to the individual, except that the reference to ‘service’ in subparagraph (A) of such section shall be considered to mean Federal service; and “(ii) may not cause the annuity payment for an individual to be reduced below zero. “(C) An amount computed under subclause (I) or (II) of subparagraph (A)(i), or under subparagraph (B)(i)(I), for purposes of determining the amount of a reduction under this subsection shall be adjusted under section 8340 of this title. “(4) A reduction under this subsection applies with respect to the annuity otherwise payable to such individual under this subchapter (other than under section 8337) for the month involved— “(A) based on service of such individual; and “(B) without regard to section 8345(j), if otherwise applicable. “(5) The operation of the preceding paragraphs of this subsection shall not be considered for purposes of applying the provisions of the second sentence of section 215(a)(7)(B)(i) or the provisions of section 215(d)(5)(ii) of the Social Security Act in determining any amount under subclause (I) or (II) of paragraph (3)(A)(i) or paragraph (3)(B)(i)(I) for purposes of this subsection. “(b) (1) Notwithstanding any other provision of this subchapter— “(A) a disability annuity to which an individual described in section 8402(b)(2) is entitled under this subchapter, and “(B) a survivor annuity to which a person is entitled under this subchapter based on the service of an individual described in section 8402(b)(2), shall be subject to reduction under this subsection if that individual or person is also entitled (or would on proper application also be entitled) to any similar benefits under title II of the Social Security Act based on the wages and self-employment income of such individual 42 USC 401. described in section 8402(b)(2). “(2) (A) Subject to subparagraph (B), reductions under this subsection shall be made in a manner consistent with the manner in which reductions under subsection (a) are computed and otherwise made. “(B) Reductions under this subsection shall be discontinued if, or for so long as, entitlement to the similar benefits under title II of the Social Security Act (as referred to in paragraph (1)) is terminated (or, in the case of an individual who has not made proper application therefor, would be terminated). “(3) For the purpose of applying section 224 of the Social Security Act to the disability insurance benefit used to compute the reduction Ante, pp. 286, 287. under this subsection, the amount of the CSRS annuity considered shall be the amount of the CSRS annuity before application of this section. “(4) The Office shall prescribe regulations to carry out this Regulations. subsection. “(c) For the purpose of this section, the term ‘Federal service’ means service which is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 42 USC 401. 26 USC 3101 et seq. 1954 by reason of the amendments made by section 101 of the Social Security Amendments of 1983.”. (2) The analysis for chapter 83 of title 5, United States Code, is 26 USC 3121 and 3121 note; 42 USC 409–410 note. amended by adding at the end thereof the following new item: “8349. Offset relating to certain benefits under the Social Security Act.”. (c) Creditability of Interim Service.— Section 8334(c) of title 5, United States Code, is amended by adding at the end thereof the following: “Notwithstanding the preceding provisions of this subsection and any provision of section 206(b)(3) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983, the 5 USC 8331 note. percentage of basic pay required under this subsection in the case of an individual described in section 8402(b)(2) shall, with respect to any covered service (as defined by section 203(a)(3) of such Act) 5 USC 8331 note. performed by such individual after December 31, 1983, and before January 1, 1987, be equal to 1.3 percent.”. SEC. 202. NON—APPLICABILITY OF CIVIL SERVICE RETIREMENT SYSTEM TO INDIVIDUALS UNDER FEDERAL EMPLOYEES’ RETIREMENT SYSTEM. (a) Employees.— Section 8331(1) of title 5, United States Code, is amended— (1) by amending clause (ii) to read as follows: “(ii) an employee subject to another retirement system for Government employees (other than an employee described in clause (x);”; (2) by striking “or” at the end of clause (viii); (3) by striking the period at the end of clause (ix) and inserting in lieu thereof “; or”; and (4) by adding after clause (ix) the following: “(x) an employee subject to the Federal Employees’ Retirement System. (b) Members of Congress.— Section 8331(2) of title 5, United States Code, is amended by striking the semicolon and inserting in lieu thereof “, 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;”. SEC. 203. PAY FOR THE EXECUTIVE DIRECTOR OF THE FEDERAL RETIREMENT THRIFT INVESTMENT BOARD. Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following: “Executive Director, Federal Retirement Thrift Investment Board.”. SEC. 204. ALTERNATIVE FORMS OF ANNUITIES. (a) In General.— Title 5, United States Code, is amended by inserting after section 8343 the following: “§ 8343a. Alternative forms of annuities “(a) The Office of Personnel Management shall prescribe regulations under which an employee or Member may, at the time of retiring under this subchapter (other than under section 8337 of this title), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under section 8341 of this title) based on the service of the employee or Member. “(b) Subject to subsection (c), the Office shall by regulation provide Regulations. for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be— “(1) an alternative which provides for— “(A) payment of the lump-sum credit to the employee or Member; and “(B) payment of an annuity to the employee or Member for life; and “(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for— “(A) payment of the lump-sum credit to the employee or Member; and “(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse. “(c) Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i) and (n) of section 8339 of this title. “(d) An employee or Member who, at the time of retiring under this subchapter— “(1) is married, shall be ineligible to make an election under this section unless a waiver is made under section 8339(j)(l) of this title; or “(2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8341(h) or 8345(j) of this title (based on the service of the employee or Member) 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 has been duly notified. “(e) An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8339(o) of this title, subject to the deposit requirement thereunder.”. (b) Conforming Amendments.— (1) The analysis for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8343 the following: “8343a. Alternative forms of annuities.”. (2) The second sentence of section 8342(a) of title 5, United States Code, is amended by striking “The”” and inserting in lieu thereof “Except as provided in section 8343a of this title, the”. SEC. 205. RETIREMENT COUNSELING. (a) In General.— Subchapter III of chapter 83 of title 5, United States Code, as amended by section 201(b), is further amended by adding at the end thereof the following: “§ 8350. Retirement counselling “(a) For the purposes of this section, the term ‘retirement counselor’, when used with respect to an agency, means an employee of the agency who is designated by the head of the agency to furnish information on benefits under this subchapter and chapter 84 of this title and counseling services relating to such benefits to other Ante, p. 517. employees of the agency. “(b) The Director of the Office of Personnel Management shall establish a training program for all retirement counselors of agencies of the Federal Government. “(c) (1) The training program established under subsection (b)(1) of this section shall provide for comprehensive training in the provisions and administration of this subchapter and chapter 84 of this title, shall be designed to promote fully informed retirement decisions by employees and Members under this subchapter and individuals subject to chapter 84 of this title, and shall be revised as necessary to assure that the information furnished to retirement counselors of agencies under the program is current. “(2) The Director shall conduct a training session under the training program at least once every 3 months. “(3) Once each year, each retirement counselor of an agency shall successfully complete a training session conducted under the training program.”. (b) Chapter Analysis.— The chapter analysis at the beginning of such chapter is amended by inserting after the item relating to section 8349 the following: “8350. Retirement counseling.”. SEC. 206. PARTICIPATION BY CERTAIN EMPLOYEES AND MEMBERS ONLY IN THE THRIFT SAVINGS PLAN. (a) (1) Subchapter III of chapter 83 of title 5, United States Code (as amended by sections 201(b) and 205(a) of this Act), is amended by adding at the end thereof the following new section: “§ 8351. Participation in the Thrift Savings Plan “(a) (1) An employee or Member may elect to contribute to the Thrift Savings Fund established by section 8437 of this title. “(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals who are subject to chapter 84 of this title. “(b) (1) Except as otherwise provided in this subsection, the provisions of subchapters III and VII of chapter 84 of this title shall apply with respect to employees and Members making contributions to the Thrift Savings Fund under subsection (a) of this section. “(2) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount not exceeding 5 percent of the amount of the employee’s or Member’s basic pay for such period. “(3) No contributions may be made by an employing agency for the benefit of an employee or Member under section 8432(c) of this title. “(4) Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment entitled to an immediate annuity under this subchapter (including a disability retirement annuity under section 8337 of this title) or separates from Government employment entitled 5 USC 8101. to benefits under subchapter I of chapter 81 of this title. “(5) Section 8433(c) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates entitled to a deferred annuity under this subchapter. “(6) Section 8433(d) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from the service before becoming entitled to an immediate or deferred annuity under this subchapter. “(7) (A) The provisions of section 8435 of this title that require a waiver or consent by the spouse of an employee or Member (or former employee or Member) shall not apply with respect to sums in the Thrift Savings Fund contributed by the employee or Member (or former employee or Member) and earnings in the fund attributable to such sums. “(B) An election, change of election, or modification (relating to Loans. the commencement date of a deferred annuity) authorized by subchapter III of chapter 84 of this title shall be effective in the case of a married employee or Member, and a loan may be approved under section 8433(i) of this title in such case, only after the Executive Director notifies the employee’s or Member’s spouse that the election, change of election, or modification has been made or that the Executive Director has received an application for such loan, as the case may be. “(C) Subparagraph (B) may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Executive Director of the Federal Retirement Thrift Investment Board that the whereabouts of such spouse or former spouse cannot be determined. “(8) Sums Contributed under this section and earnings attributable Securities. to such sums may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(b)(1)(A) of this title. “(c) The Executive Director of the Federal Retirement Thrift Regulations. Investment Board may prescribe regulations to carry out this section.”. (2) The analysis for chapter 83 of such title is amended by adding at the end thereof the following: “8351. Participation in the Thrift Savings Plan.”. (b) An election may first be made by an employee of the Federal Government or a Member of Congress under section 8351 of title 5, United States Code (as added by subsection (a)(1)), during the first period referred to in subsection (a)(2) of such section which commences on or after July 1, 1987. SEC. 207. MISCELLANEOUS AMENDMENTS. (a) Amendment to Section 2105.— Section 2105(c)(2) of title 5, United States Code, is amended by striking out “chapter 81” and inserting in lieu thereof “chapter 81, chapter 84,”. (b) Amendment to Section 2109.— Section 2109(1) of title 5, United States Code, is amended to read as follows: “(1) ‘air traffic controller’ or ‘controller’ means a civilian employee of the Department of Transportation or the Depart-ment of Defense who, in an air traffic control facility or flight service station facility— “(A) is actively engaged— “(i) in the separation and control of air traffic; or “(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or “(B) is the immediate supervisor of any employee described in subparagraph (A); and”. (c) Amendment to Section 6301.— Section 6301(2)(B) of title 5, District of Columbia. United States Code, is amended to read as follows: “(B) an individual first employed by the government of the District of Columbia before October 1, 1987;”. (d) Amendment to Section 6303.— The second sentence of section 6303(a) of title 5, United States Code, is amended by striking out “title.” and inserting in lieu thereof “title and all service creditable under section 8411 of this title for the purpose of chapter 84 of this title.”. Ante, p. 517. (e) Amendment to Section 8116.— Section 8116 of title 5, United States Code, is amended by adding at the end thereof the following: “(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of chapter 84 of this title or benefits under title II of the Social Security Act 42 USC 401. shall be entitled to all such benefits, except that— “(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on 2 USC 423. account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and 42 USC 424a. “(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter based on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by chapter 84 of this title. However, eligibility for or receipt of benefits under chapter 84 of this title, or benefits under title II of the Social Security Act by virtue of service covered by chapter 84 of this title, does not affect the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title.”. (f) Amendments to Section 8331.— Section 8331(1) of title 5, United States Code, as amended by section 202(a), is further amended— (1) by amending subparagraph (G) to read as follows: District of Columbia. “(G) an individual first employed by the government of the District of Columbia before October 1, 1987;”; and (2) by striking out “or” at the end of clause (ix), by striking out the period at the end of clause (x) and inserting in lieu thereof “; or”, and by adding after clause (x) the following: “(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under section 8347(1) of this title.”, (g) Amendments to Section 8332.— (1) Section 8332(b) of title 5, United States Code, is amended— (A) by striking “and” at the end of paragraph (12), striking the period at the end of the first paragraph (13) and inserting a semicolon, redesignating the second paragraph (13) as para-graph (14), and striking the period at the end of such paragraph (14) (as so redesignated) and inserting “; and”; (B) by inserting after paragraph (14) (as so redesignated by subparagraph (A)) the following: “(15) subject to sections 8334(c) and 8339(i) of this title, service District of Columbia. Guam. Virgin Islands. performed on or after January 3, 1969, and before January 4, 1973, as the Washington Representative for Guam or the Washington Representative for the Virgin Islands, only if the individual serves as a Member for a period of at least five years after January 2, 1973.”; (C) in the second sentence after paragraph (15) (as added by subparagraph (B)), by striking “(13)” and inserting “(14)”; and (D) by adding at the end thereof the following: “For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service.”. (2) The last sentence of section 8332(f) of title 5, United States Code, is amended by striking “(13)” and inserting “(14)”. (3) The last sentence of section 8332(kXl) of title 5, United States Code, is amended by striking “second” and inserting “third”. (h) Amendments to Section 8342.— Section 8342(a) of title 5, United States Code, is amended— (1) in paragraphs (1)(B) and (3), by inserting “, or chapter 84 of this title,” after “subchapter”; and Ante, p. 517. (2) by adding at the end the following: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.”. (i) Amendment to Section 8347.— Section 8347 of title 5, United States Code, is amended by adding at the end thereof the following: “(n) (1) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence— “(A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency; “(B) maintain records relating to the service of such Records. employees; “(C) compute benefits under this subchapter based on the service of such employees; “(D) collect deposits to the Fund made by such employees, their spouses, and their former spouses; “(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and “(F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate. “(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection. “(3) (A) The Director of Central Intelligence, in consultation with Regulations. the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection. “(B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter. “(C) The Director of Central Intelligence shall submit the regulations prescribed under subparagraph (A) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. “(4) (A) Section 201(c) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees shall apply in the administration 50 USC 403 note. of this subchapter to the extent that the provisions of this subchapter are administered under this subsection. “(B) Notwithstanding subparagraph (A) of this paragraph, section 8347(d) of this title shall apply with respect to employees of the Central Intelligence Agency who are subject to the Civil Service Retirement System.”. (j) Amendments to Section 8348.— Section 8348(a) of title 5, United States Code, is amended— (1) in paragraph (1)(A), by striking out “subchapter;” and inserting in lieu thereof “subchapter or by the provisions of chapter 84 of this title which relate to benefits payable out of Ante, p. 517. the Fund;”; (2) in paragraph (1)(B)— (A) by inserting “or 8462” after “8340”; and (B) by striking out “title, and” and inserting in lieu thereof “title or subchapters II and IV of chapter 84 of this title, and”; and (3) in paragraph (2), by striking out “chapter” and inserting in lieu thereof “chapter, chapter 84 of this title,”. (k) Amendments to Chapter 87.— Chapter 87 of title 5, United 5 USC 8701 et seq. States Code, is amended— (1) by amending section 8701(a)(6) to read as follows: “(6) an individual first employed by the government of the District of Columbia before October 1, 1987;”; (2) in section 8706, by striking out subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; (3) by striking out subsection (c)(1) of section 8714a and inserting in lieu thereof the following: “(c) (1) Except as otherwise provided in this subsection, the optional Insurance. insurance on an employee stops on his separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.”; (4) by striking out the first sentence of section 8714b(c)(1) and inserting in lieu thereof the following: “Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.”; and (5) by striking out subsection (c)(1) of section 8714c and inserting in lieu thereof the following: (1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.”. (l) Amendments to Section 8901.— Section 8901 of title 5, United States Code, is amended— (1) by amending paragraph (1)(E) to read as follows: “(E) an individual first employed by the government of District of Columbia. the District of Columbia before October 1, 1987;”; (2) by amending paragraph (3)(A) to read as follows: “(A) an employee who retires— “(i) on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system Ante, pp. 589, 591–593. for employees of the Government, after 5 or more years of service; “(ii) under section 8412 or 8414 of this title; or “(iii) for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement Ante, p. 517. system for employees of the Government;”; (3) in paragraph (4), by inserting “or chapter 84” after “83”; (4) in paragraph (10)(C)(i), by inserting “or 8467” after “8345(j)”, by inserting “or 8445” after “8341(h)”, and by striking out “System),” and inserting in lieu thereof “System or the Federal Employees’ Retirement System),”; and (5) in paragraph (10)(C)(ii)— (A) by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467” and by striking out “System)” and inserting in lieu thereof “System or the Federal Employees’ Retirement System)”; and (B) by inserting “or 8417(b)” after “8339(j)(3)”. (m) Amendments to Section 8905.— Section 8905(c)(1) of title 5, United States Code, is amended— (1) in subparagraph (B), by inserting “or 84170t))” after “8339(j)(3)”; and (2) in the second sentence, by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467”. (n) Amendment to Section 5102.— Section 5102(c)(14) of title 5, United States Code, is amended by inserting “(other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title)” after “United States”.

9. 1988

   Pub. L. 100–238 title I § 105(b) · 101 Stat. 1744

   Amended · 5 U.S.C. § 8342(a)

   Pub. L. 100–238 amended last sentence of subsec. (a) generally. Prior to amendment, last sentence read as follows: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–238 amended last sentence of subsec. (a) generally. Prior to amendment, last sentence read as follows: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.”

   Enacted provision · exact public law section
   (b) Lump-Sum Credit for Certain CSRS Service Sought After Becoming Subject to FERS Is Payable to the Extent That It Exceeds 1.3 Percent of Basic Pay.— The last sentence of section 8342(a), as added by section 207(h) of the Federal Employees’ Retirement System Act of 1986 (Public Law 99–335; 100 Stat. 596) is amended to read as follows: “In applying this subsection to an employee or Member who becomes subject to chapter 84 (other than by an election under title III of the Federal Employees’ Retirement System Act of 1986) and who, while subject to such chapter, files an application with the Office for a payment under this subsection— “(i) entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, or to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986; and “(ii) if, or to the extent that, the lump-sum credit so relates to service of a type referred to in clause (i), it shall (notwithstanding section 8331(8)) consist of— “(I) the amount by which any unrefunded amount described in section 8331(8) (A) or (B) relating to such service, exceeds 1.3 percent of basic pay for such service; and “(II) interest on the amount payable under subclause (I), computed in a manner consistent with applicable provisions of section 8331(8).”.

10. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 title VII § 7001(b)(2)(D) · 104 Stat. 1388

    Inserted · 5 U.S.C. § 8342(a)

    Pub. L. 101–508 inserted “or 8334(d)(2)” after “8343a” in second sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–508 inserted “or 8334(d)(2)” after “8343a” in second sentence.

    Effective date note
    Amendment by Pub. L. 101–508 effective with respect to any annuity having a commencement date later than Dec. 1, 1990, see section 7001(b)(3) of Pub. L. 101–508, set out as a note under section 8334 of this title.

11. 2000

    Pub. L. 106–361 § 3(a) · 114 Stat. 1400

    Amended · 5 U.S.C. § 8342(j)(1)

    Pub. L. 106–361 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Payment of the lump-sum credit under subsection (a) of this section—

    Source evidence

    Code amendment note
    Subsec. (j)(1). Pub. L. 106–361 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Payment of the lump-sum credit under subsection (a) of this section—

    “(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the employee or Member’s application; and “(B) shall be subject to the terms of a court decree of divorce, annulment, or legal separation or any court order or court approved property settlement agreement incident to such decree if— “(i) the decree, order, or agreement expressly relates to any portion of the lump-sum credit involved; and “(ii) payment of the lump-sum credit would extinguish entitlement of the employee’s or Member’s spouse or former spouse to a survivor annuity under section 8341(h) of this title or to any portion of an annuity under section 8345(j) of this title.”

    Enacted provision · exact public law section
    (a) Civil Service Retirement System.— Section 8342(j)(1) of title 5, United States Code, is amended to read as follows: “(j) (1) (A) Payment of the lump-sum credit under subsection (a) may be made only if the spouse, if any, and any former spouse of the employee or Member are notified of the employee or Member’s application. “(B) The Office shall prescribe regulations under which the lump-sum credit shall not be paid without the consent of a spouse or former spouse of the employee or Member where the Office has received such additional information and documentation as the Office may require that— “(i) a court order bars payment of the lump-sum credit in order to preserve the court’s ability to award an annuity under section 8341(h) or section 8345(j); or “(ii) payment of the lump-sum credit would extinguish the entitlement of the spouse or former spouse, under a court order on file with the Office, to a survivor annuity under section 8341(h) or to any portion of an annuity under section 8345(j).”.

8 of 14 references resolved to an enrolled provision · 5 partial · 1 unresolved