§ 8425. Mandatory separation

Footnotes

1. 1 So in original. Probably should be followed by a comma.

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. 1986

   Pub. L. 99–335 title I § 101(a) · 100 Stat. 514

   Enacted · 5 U.S.C. § 8425

   Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 540

   Source evidence

   Code source credit
   Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 540

   Enacted provision · exact public law section
   (a) In General.— Title 5, United States Code, is amended by inserting after chapter 83 the following new chapter: “CHAPTER 84— FEDERAL EMPLOYEES’ RETIREMENT SYSTEM “SUBCHAPTER I— GENERAL PROVISIONS “Sec. “8401. Definitions. “8402. Federal Employees’ Retirement System; exclusions. “8403. Relationship to the Social Security Act. “SUBCHAPTER II— BASIC ANNUITY “8410. Eligibility for annuity. “8411. Creditable service. “8412. Immediate retirement. “8413. Deferred retirement. “8414. Early retirement. “8415. Computation of basic annuity. “8416. Survivor reduction for a current spouse. “8417. Survivor reduction for a former spouse. “8418. Survivor elections; deposit; offsets. “8419. Survivor reductions; computation. “8420. Insurable interest reductions. “8420a. Alternative forms of annuities. “8421. Annuity supplement. “8421a. Reductions on account of earnings from work performed while entitled to an annuity supplement. “8422. Deductions from pay; contributions for military service. “8423. Government contributions. “8424. Lump-sum benefits; designation of beneficiary; order of precedence. “8425. Mandatory separation. “SUBCHAPTER III— THRIFT SAVINGS PLAN “8431. Definition. “8432. Contributions. “8433. Benefits and election of benefits. “8434. Annuities: methods of payment; election; purchase. “8435. Protections for spouses and former spouses. “8436. Administrative provisions. “8437. Thrift Savings Fund. “8438. Investment of Thrift Savings Fund. “8439. Accounting and information. “8440. Tax treatment of the Thrift Savings Fund. “SUBCHAPTER IV— SURVIVOR ANNUITIES “8441. Definitions. “8442. Rights of a widow or widower. “8443. Rights of a child. “8444. Rights of a named individual with an insurable interest. “8445. Rights of a former spouse. “SUBCHAPTER V— DISABILITY BENEFITS “8451. Disability retirement. “8452. Computation of disability annuity. “8453. Application. “8454. Medical examination. “8455. Recovery; restoration of earning capacity. “8456. Relationship to workers’ compensation. “8457. Military reserve technicians. “SUBCHAPTER VI— GENERAL AND ADMINISTRATIVE PROVISIONS “8461. Authority of the Office of Personnel Management. “8462. Cost-of-living adjustments. “8463. Rate of benefits. “8464. Commencement and termination of annuities of employees and Members. “8465. Waiver, allotment, and assignment of benefits. “8466. Application for benefits. “8467. Court orders. “8468. Annuities and pay on reemployment. “8469. Withholding of State income taxes. “8470. Exemption from legal process; recovery of payments. “SUBCHAPTER VII— FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM “8471. Definitions. “8472. Federal Retirement Thrift Investment Board. “8473. Employee Thrift Advisory Council. “8474. Executive Director. “8475. Investment policies. “8476. Administrative provisions. “8477. Fiduciary responsibilities; liability and penalties. “8478. Bonding. “8479. Exculpatory provisions; insurance. “SUBCHAPTER I— GENERAL PROVISIONS “§ 8401. Definitions “For the purpose of this chapter— “(1) the term ‘account’ means an account established and maintained under section 8439(a) of this title; “(2) the term ‘annuitant’ means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor; “(3) the term ‘average pay’ means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect; “(4) except as provided in subchapter III of this chapter, the term ‘basic pay’ has the meaning given such term by section 8331(3); “(5) the term ‘Board’ means the Federal Retirement Thrift Investment Board established by section 8472(a) of this title; “(6) the term ‘Civil Service Retirement and Disability Fund’ or ‘Fund’ means the Civil Service Retirement and Disability Fund under section 8348; “(7) the term ‘court’ means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court; “(8) the term ‘Director’ means the Director of the Office of Personnel Management; “(9) the term ‘dynamic assumptions’ means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future— “(A) investment yields; “(B) increases in rates of basic pay; and “(C) rates of price inflation; “(10) the term ‘earnings’, when used with respect to the Thrift Savings Fund, means the amount of the gain realized or yield received from the investment of sums in such Fund; “(11) the term ‘employee’ means— “(A) an individual referred to in subparagraph (A), (E), (F), (H), (I), or (J) of section 8331(1) of this title; and “(B) a Congressional employee as defined in section 2107 of this title, including a temporary Congressional employee and an employee of the Congressional Budget Office; any of whose civilian service after December 31, 1983, is employment for the purposes of title II of the Social Security Act and 42 USC 401. chapter 21 of the Internal Revenue Code of 1954, except that 26 use 3101 et seq. such term does not include— “(i) any individual referred to in— “(I) clause (i), (v), (vi), or (ix) of paragraph (1) of section 8331; “(II) clause (ii) of such paragraph (other than an employee of the United States Park Police, or the United States Secret Service, any of whose civilian service after December 31, 1983, is such employment); or “(III) the undesignated material after the last clause of such paragraph; or “(ii) any individual excluded under section 8402(c) of this title; “(12) the term ‘former spouse’ means a former spouse of an individual— “(A) if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and “(B) if the former spouse was married to such individual for at least 9 months; “(13) the term ‘Executive Director’ means the Executive Director appointed under section 8474(a); “(14) the term ‘firefighter’ means— “(A) an employee, the duties of whose position— “(i) are primarily to perform work directly connected with the control and extinguishment of fires; and “(ii) are sufficiently rigorous that employment opportunities are required to be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; and “(B) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 10 years; “(15) the term ‘Government’ means the Federal Government and Gallaudet College; “(16) the term ‘Indian court’ has the meaning given such term by section 8331(24); “(17) the term ‘law enforcement officer’ means— “(A) an employee, the duties of whose position— “(i) are primarily— “(I) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, or “(II) the protection of officials of the United States against threats to personal safety; and “(ii) are sufficiently rigorous that employment opportunities are required to be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; “(B) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 10 years; and “(C) an employee— “(i) of the Bureau of Prisons or Federal Prison Industries, Incorporated; “(ii) of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; or “(iii) in the field service at Army or Navy disciplinary barracks or at any other confinement and rehabilitation facility operated by any of the armed forces; whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice (chapter 47 of title 10) require frequent 10 USC 801 et seq. direct contact with these individuals in their detention and are sufficiently rigorous that employment opportunities are required to be limited to young and physically vigorous individuals, as determined by the head of the employing agency; “(18) the term ‘loss’, when used with respect to the Thrift Savings Fund, means the amount of the loss resulting from the investment of sums in such Fund; “(19) the term ‘lump-sum credit’ means the unrefunded amount consisting of— “(A) retirement deductions made from the basic pay of an employee or Member under section 8422(a) of this title (or under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983); 5 USC 8331 note. “(B) amounts deposited by an employee or Member under section 8422(e); and “(C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 8348 (c), (d), and (e), as determined by the Secretary (compounded annually); but does not include interest— “(i) if the service covered thereby aggregates 1 year or less; or “(ii) for a fractional part of a month in the total service; “(20) the term ‘Member’ has the same meaning as provided in section 2106, except that such term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in the Federal Employees’ Retirement System; “(21) the term ‘net earnings’ means the excess of earnings over losses; “(22) the term ‘net losses’ means the excess of losses over earnings; “(23) the term ‘normal-cost percentage’ means the entry—age normal cost of the provisions of the System which relate to the Fund, computed by the Office in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay; “(24) “(25) the term ‘price index’ has the same meaning as provided in section 8331(15); “(26) the term ‘service’ means service which is creditable under section 8411; “(27) the term ‘supplemental liability’ means the estimated excess of— “(A) the actuarial present value of all future benefits payable from the Fund under this chapter based on the service of current or former employees or Members, over “(B) the sum of— “(i) the actuarial present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this chapter pursuant to section 8422; “(ii) the actuarial present value of the future contributions to be made pursuant to section 8423(a) with respect to employees and Members currently subject to this chapter; “(iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable— “(I) to the System, or “(II) to contributions made under the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of an 5 USC 8331 note. individual who became subject to the System; and “(iv) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles; “(28) the term ‘survivor’ means an individual entitled to an annuity under subchapter IV of this chapter; “(29) the term ‘System’ means the Federal Employees’ Retirement System described in section 8402(a); “(30) the term ‘military reserve technician’ means a member of one of the reserve components of the armed forces specified in section 261(a) of title 10 who— “(A) is assigned to a civilian position as a technician in the administration and training of such reserve components or in the maintenance and repair of supplies issued to such reserve components; and “(B) as a condition of employment in such position, is required to be a member of one of such reserve components serving in a specified military grade; and “(31) the term ‘military service’ means honorable active service— “(A) in the armed forces; “(B) in the commissioned corps of the Public Health Service after June 30, 1960; or “(C) in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after June 30, 1961; but does not include service in the National Guard except when ordered to active duty in the service of the United States. “§ 8402. Federal Employees’ Retirement System; exclusions “(a) The provisions of this chapter comprise the Federal Employees’ Retirement System. “(b) The provisions of this chapter shall not apply with respect to— any individual who has performed service of a type described in subparagraph (C), (D), (E), or (F) of section 210(a)(5) of the Social Security Act continuously since December 31, 1983 42 USC 410. (determined in accordance with the provisions of section 210(a)(5)(B) of the Social Security Act, relating to continuity of employment); or “(2) (A) any employee or Member who has separated from the service after— “(i) having been subject to subchapter III of chapter 83 of this title, or subchapter I of chapter 8 of the Foreign Service Post, pp. 589, 591–593. Act of 1980; and “(ii) having completed at least 5 years of civilian service 22 USC 4041. creditable under subchapter III of chapter 83 of this title, or at least 5 years of civilian service creditable under subchapter I of the Foreign Service Act of 1980 (determined without regard to any deposit or redeposit requirement under either such subchapter, or any requirement that the individual become subject to either such subchapter after performing the service involved); or “(B) any employee having at least 5 years of civilian service performed before January 1, 1987, creditable under subchapter III of chapter 83 of this title (determined without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such subchapter); except to the extent provided for under title III of the Federal Employees’ Retirement System Act of 1986 pursuant to an election under such title to become subject to this chapter. “(c) (1) The Office may exclude from the operation of this chapter an employee or group of employees in or under an Executive agency, the United States Postal Service, or the Postal Rate Commission, whose employment is temporary or intermittent, except an employee whose employment is part-time career employment (as defined in section 3401(2)). “(2) The Architect of the Capitol may exclude from the operation of this chapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration. “(3) The Librarian of Congress may exclude from the operation of this chapter an employee under the Library of Congress whose employment is temporary or of uncertain duration. “(4) The Director or Acting Director of the Botanic Garden may exclude from the operation of this chapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration. “§ 8403. Relationship to the Social Security Act “Except as otherwise provided in this chapter, the benefits payable under the System are in addition to the benefits payable under the Social Security Act. 42 USC 1305. “SUBCHAPTER II— BASIC ANNUITY “§ 8410. Eligibility for annuity “Notwithstanding any other provision of this chapter, an employee or Member must complete at least 5 years of civilian service creditable under section 8411 in order to be eligible for an annuity under this subchapter. “§ 8411. Creditable service “(a) (1) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. “(2) Credit may not be allowed for a period of separation from the service in excess of 3 calendar days. “(b) For the purpose of this chapter, creditable service of an employee or Member includes— “(1) employment as an employee, and any service as a Member (including the period from the date of the beginning of the term for which elected or appointed to the date of taking office as a Member), after December 31, 1986; “(2) service with respect to which deductions and withholdings under section 204(a)(1) of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983 5 USC 8331 note. have been made; “(3) except as provided in subsection (f), any civilian service (performed before January 1, 1989, other than any service under paragraph (1) or (2)) which, but for the amendments made by subsections (a)(4) and (b) of section 202 of the Federal Employees’ Retirement System Act of 1986, would be creditable under subchapter III of chapter 83 of this title (determined Post, pp. 589, 591–593. without regard to any deposit or redeposit requirement under such subchapter, any requirement that the individual become subject to such subchapter after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual’s desire to become subject to such subchapter); and “(4) a period of service (other than any service under any of the preceding provisions of this subsection and other than any military service) that was creditable under the Foreign Service Pension System described in subchapter II of chapter 8 of the Foreign Service Act of 1980, if the employee or Member waives 22 USC 3901. credit for such service under the Foreign Service Pension System and makes a payment to the Fund equal to the amount that would have been deducted from pay under section 8422(a) had the employee been subject to this chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e)). “(c) (1) Except as provided in paragraph (2) or (3), an employee or Member shall be allowed credit for— “(A) each period of military service performed before January 1, 1957; and “(B) each period of military service performed after December 31, 1956, and before the separation on which title to annuity is based, if a deposit (including interest, if any) is made with respect to such period in accordance with section 8422(e). “(2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded— “(A) based on a service-connected disability— “(i) incurred in combat with an enemy of the United States; or “(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by section 301 of title 38; or “(B) under chapter 67 of title 10. 10 USC 1331 et seq. “(3) An employee or Member who has made a deposit under section 8334(j) (or a similar prior provision of law) with respect to a period of military service, and who has not taken a refund of such deposit— “(A) shall be allowed credit for such service without regard to the deposit requirement under paragraph (1)(B); and “(B) shall be entitled, upon filing appropriate application therefor with the Office, to a refund equal to the difference between— “(i) the amount deposited with respect to such period under such section 8334(j) (or prior provision), excluding interest; and “(ii) the amount which would otherwise have been required with respect to such period under paragraph (1)(B). “(d) Credit under this chapter shall be allowed for leaves of absence without pay granted an employee while performing military service, or while receiving benefits under subchapter I of chapter 81. An employee or former employee who returns to duty 5 USC 8101. after a period of separation is deemed, for the purpose of this subsection, to have been on leave of absence without pay for that part of the period in which that individual was receiving benefits under subchapter I of chapter 81. Credit may not be allowed for so 5 USC 8101. much of other leaves of absence without pay as exceeds 6 months in the aggregate in a calendar year. “(e) Credit shall be allowed for periods of approved leave without pay granted an employee to serve as a full-time officer or employee of an organization composed primarily of employees (as defined by section 8331(1) or 8401(11)), subject to the employee arranging to pay, through the employee’s employing agency, within 60 days after commencement of such leave without pay, amounts equal to the retirement deductions and agency contributions which would be applicable under sections 8422(a) and 8423(a), respectively, if the employee were in pay status. If the election and all payments provided by this subsection are not made, the employee may not receive credit for the periods of leave without pay, notwithstanding the third sentence of subsection (d). “(f) (1) An employee or Member who has received a refund of retirement deductions under subchapter III of chapter 83 with respect to any service described in subsection (b)(3) may not be allowed credit for such service under this chapter unless such employee or Member deposits an amount equal to 1.3 percent of basic pay for such service, with interest. “(2) An employee or Member may not be allowed credit under this chapter for any service described in subsection (b)(3) for which retirement deductions under subchapter III of chapter 83 have not Post, pp. 589, 591–593. been made, unless such employee or Member deposits an amount equal to 1.3 percent of basic pay for such service, with interest. “(3) Interest under paragraph (1) or (2) shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the Office. “(4) For the purpose of survivor annuities, deposits authorized by the preceding provisions of this subsection may also be made by a survivor of an employee or Member. “§8412. Immediate retirement “(a) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 30 years of service is entitled to an annuity. “(b) An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity. “(c) An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity. “(d) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency— “(1) after completing 25 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 25 years, or “(2) after becoming 50 years of age and completing 20 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 20 years, is entitled to an annuity. “(e) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency— “(1) after completing 25 years of service as an air traffic controller, or “(2) after becoming 50 years of age and completing 20 years of service as an air traffic controller, is entitled to an annuity. “(f) A Member who is separated from the service, except by resignation or expulsion— “(1) after completing 25 years of service, or “(2) after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. “(g) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 10 years of service is entitled to an annuity. This subsection shall not apply to an employee or Member who is entitled to an annuity under any other provision of this section. “(h) (1) The applicable minimum retirement age under this subsection is— “(A) for an individual whose date of birth is before January 1, 1948, 55 years of age; “(B) for an individual whose date of birth is after December 31, 1947, and before January 1, 1953, 55 years of age plus the number of months in the age increase factor determined under paragraph (2)(A); “(C) for an individual whose date of birth is after December 31, 1952, and before January 1, 1965, 56 years of age; “(D) for an individual whose date of birth is after December 31, 1964, and before January 1, 1970, 56 years of age plus the number of months in the age increase factor determined under paragraph (2)(B); and “(E) for an individual whose date of birth is after December 31, 1969, 57 years of age. “(2) (A) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1948 through 1952, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1948 and ending with December of the year in which the date of birth occurs. “(B) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1965 through 1969, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1965 and ending with December of the year in which the date of birth occurs. “§ 8413. Deferred retirement “(a) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years. “(b) (1) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains the applicable minimum retirement age under section 8412(h) and must precede the date on which the employee or Member becomes 62 years of age. “(2) The election of an annuity under this subsection shall not be effective unless— “(A) it is made at such time and in such manner as the Office shall by regulation prescribe; and “(B) the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election. “(3) The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based. “§ 8414. Early retirement “(a) (1) A member of the Senior Executive Service who is removed from the Senior Executive Service for less than fully successful executive performance (as determined under subchapter II of chapter 43 of this title) after completing 25 years of service, or after 5 USC 4311. becoming 50 years of age and completing 20 years of service, is entitled to an annuity. “(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for less than fully successful executive performance after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. “(b) (1) Except as provided in paragraphs (2) and (3), an employee who— “(A) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or “(B) while serving in a geographic area designated by the Director, is separated from the service voluntarily during a period in which (as determined by the Director)— “(i) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and “(ii) a significant percentage of the total number of employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53 of this title 5 USC 5361. or comparable provisions); after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity. “(2) An employee under paragraph (1) who is separated as described in subparagraph (A) of such paragraph is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee’s agency for which the employee is qualified, and the offered position is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level) and is within the employee’s commuting area. “(3) Paragraph (1) shall not apply to an employee entitled to an annuity under subsection (d) or (e) of section 8412. “(c) A military reserve technician who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of ceasing to satisfy the condition described in section 8401(30)(B) is entitled to an annuity. “§ 8415. Computation of basic annuity “(a) Except as otherwise provided in this section, the annuity of an employee retiring under this subchapter is 1 percent of that individual’s average pay multiplied by such individual’s total service. “(b) The annuity of a Member, or former Member with title to a Member annuity, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Member or Congressional employee, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 1 7/10 percent of the individual’s average pay by the years of such service. “(c) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Congressional employee or Member, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 1 7/10 percent of the individual’s average pay by the years of such service. “(d) The annuity of an employee retiring under subsection (d) or (e) of section 8412 or under subsection (a) or (b) of section 8425 is— “(1) 1 7/10 percent of that individual’s average pay multiplied by so much of such individual’s total service as does not exceed 20 years; plus “(2) 1 percent of that individual’s average pay multiplied by so much of such individual’s total service as exceeds 20 years. “(e) (1) In computing an annuity under this subchapter for an employee whose service includes service performed on a part-time basis— “(A) the average pay of the employee, to the extent that it includes pay for service performed in any position on a part-time basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and “(B) the benefit so computed shall then be multiplied by a fraction equal to the ratio which the employee’s actual service, as determined by prorating the employee’s total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis. “(2) For the purpose of this subsection, employment on a part-time basis shall not be considered to include employment on a temporary or intermittent basis. “(f) (1) The annuity of an employee or Member retiring under section 8412(g) or 8418(b) is computed in accordance with applicable provisions of this section, except that the annuity shall be reduced by five-twelfths of 1 percent for each full month by which the commencement date of the annuity precedes the sixty-second anniversary of the birth of the employee or Member. “(2) (A) Paragraph (1) does not apply in the case of an employee or Member retiring under section 8413(b) if the employee or Member would satisfy the age and service requirements for title to an annuity under section 8412 (a), (b), (d)(2), (e)(2), or (f)(2), determined as if the employee or Member had, as of the date of separation, attained the age specified in subparagraph (B). “(B) A determination under subparagraph (A) shall be based on how old the employee or Member will be as of the date on which the annuity under section 8413(b) is to commence. “(g) (1) In applying subsection (a) with respect to an employee under paragraph (2), the percentage applied under such subsection shall be 1.1 percent, rather than 1 percent. “(2) This subsection applies in the case of an employee who— “(A) retires entitled to an annuity under section 8412; and “(B) at the time of the separation on which entitlement to the annuity is based, is at least 62 years of age and has completed at least 20 years of service; but does not apply in the case of a Congressional employee, military reserve technician, law enforcement officer, firefighter, or air traffic controller. “§ 8416. Survivor reduction for a current spouse “(a) (1) If an employee or Member is married at the time of retiring under this chapter, the reduction described in section 8419(a) shall be made unless the employee or Member and the spouse jointly waive, by written election, any right which the spouse may have to a survivor annuity under section 8442 based on the service of such employee or Member. A waiver under this paragraph shall be filed with the Office under procedures prescribed by the Office. “(2) Notwithstanding paragraph (1), an employee or Member who is married at the time of retiring under this chapter may waive the annuity for a surviving spouse without the spouse’s consent if the employee or Member establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)— “(A) that the spouse’s whereabouts cannot be determined; or “(B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate. “(3) Except as provided in subsection (d), a waiver made under this subsection shall be irrevocable. “(b) (1) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee’s or Member’s spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the employee’s or Member’s annuity under section 8419(a) for the purpose of providing an annuity for such employee’s or Member’s spouse in the event such spouse survives the employee or Member. “(2) The election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage. “(3) An election to provide a survivor annuity to an individual under this subsection— “(A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or “(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection. “(4) Any election under this subsection made by an employee or Member on behalf of an individual after the retirement of such employee or Member shall not be effective if— “(A) the employee or Member was married to such individual at the time of retirement; and “(B) the annuity rights of such individual based on the service of such employee or Member were then waived under subsection (a). “(c) (1) An employee or Member who is unmarried at the time of retiring under this chapter and who later marries may irrevocably elect, in a signed writing received by the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the current annuity of the retired employee or Member, in accordance with section 8419(a). “(2) The election and reduction shall take effect the first day of the first month beginning 9 months after the date of marriage. Any such election to provide a survivor annuity for an individual— “(A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or “(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection. “(d) (1) An employee or Member— “(A) who is married on the date of retiring under this chapter, and “(B) with respect to whose spouse a waiver under subsection (a) has been made, may, during the 18-month period beginning on such date, elect to have a reduction made under section 8419 in order to provide a survivor annuity under section 8442 for such spouse. “(2) (A) An election under this subsection shall not be effective unless the amount described in subparagraph (B) is deposited into the Fund before the expiration of the 18-month period referred to in paragraph (1). “(B) The amount to be deposited under this subparagraph is equal to the sum of— “(i) the difference (for the period between the date on which the annuity of the former employee or Member commences and the date on which reductions pursuant to the election under this subsection commence) between the amount paid to the former employee or Member from the Fund under this chapter and the amount which would have been paid if such election had been made at the time of retirement; and “(ii) the costs associated with providing for the election under this subsection. The amount to be deposited under clause (i) shall include interest, computed at the rate of 6 percent a year. “(3) An annuity which is reduced pursuant to an election by a former employee or Member under this subsection shall be reduced by the same percentage as was in effect under section 8419 as of the date of the employee’s or Member’s retirement. “(4) Rights and obligations under this chapter resulting from an election under this subsection shall be the same as the rights and obligations which would have resulted had the election been made at the time of retirement. “(5) The Office shall inform each employee and Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable in making any such election. “§ 8417. Survivor reduction for a former spouse “(a) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8445, the reduction described in section 8419(a) shall be made. “(b) (1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445. “(2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved. “(3) An election under this subsection— “(A) shall not be effective to the extent that it— “(i) conflicts with— “(I) any court order or decree referred to in section 8445(a) which was issued before the date of such election; or “(II) any agreement referred to in such section 8445(a) which was entered into before such date; or “(ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and “(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse’s written consent. The Office shall by regulation provide that subparagraph (B) may be Regulations. waived for either of the reasons set forth in section 8416(a)(2). “§ 8418. Survivor elections; deposit; offsets “(a) (1) An individual who makes an election under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund, before the expiration of the 2-year period involved, an amount determined by the Office (as nearly as may be administra-tively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, and in the case of an election under such section 8416(b), since the date the previous reduction in the annuity of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest. “(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year. “(b) If the electing individual does not make the deposit required under subsection (a), the Office shall collect such amount by offset against such individual’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable, and the individual is deemed to consent to such offset. “(c) Subsections (a) and (b) shall not apply if— “(1) the employee or Member makes an election under section 8416 (b) or (c) after having made an election under section 8420; and “(2) the election under such section 8420 becomes void under subsection Ot))(3) or (c)(2) of such section 8416. “(d) The Office shall prescribe regulations under which the survivor Regulations. of an employee or Member may make a deposit under this section. “§ 8419. Survivor reductions; computation “(a) (1) Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable), shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for. “(2) (A) If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)), shall be reduced by an appropriate percentage determined under subparagraph (B). “(B) The Office shall prescribe regulations under which an appropriate Regulations. reduction under this paragraph, not to exceed a total of 10 percent, shall be made. “(b) (1) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month— “(A) after the death of the spouse; or “(B) after the dissolution of the spouse’s marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445. “(2) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under subsection (a) if the retired employee or Member has one or more of the following: “(A) another former spouse who is entitled to a survivor annuity under section 8445; “(B) a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) (or, if waived, with respect to whom an election under section 8416(d) has been made); or “(C) a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416. “§ 8420. Insurable interest reductions “(a) (1) At the time of retiring under section 8412, 8413, or 8414, an employee or Member who is found to be in good health by the Office may elect to have such employee’s or Member’s annuity (as computed under section 8415) reduced under paragraph (2) in order to provide an annuity under section 8444 for an individual having an insurable interest in the employee or Member. Such individual shall be designated by the employee or Member in writing. “(2) ‘The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member, except that the total reduction may not exceed 40 percent. “(3) An annuity which is reduced under this subsection shall, effective the first day of the month following the death of the individual named under this subsection, be recomputed and paid as if the annuity had not been so reduced. “(b) (1) In the case of a married employee or Member, an election under this section on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with section 8416(a). “(2) Paragraph (1) does not apply in the case of an employee or Member if such employee or Member has a former spouse who would become entitled to an annuity under section 8445 as a survivor of such employee or Member. “§ 8420a. Alternative forms of annuities “(a) The Office shall prescribe regulations under which an employee Regulations. or Member may, at the time of retiring under this subchapter, elect annuity benefits under this section instead of any other benefits under this subchapter, and any benefits under subchapter IV of this chapter, based on the service of the employee or Member. “(b) Subject to subsection (c), the Office shall by regulation provide 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 (excluding interest) 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 (excluding interest) 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 sum of— “(1) the present value of the annuity which would otherwise be provided under this subchapter, as computed under section 8415; and “(2) the present value of the annuity supplement which would otherwise be provided (if any) under section 8421. “(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 8416(a); 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 8445 or 8467 (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 8416(d), subject to the deposit requirement thereunder. “§ 8421. Annuity supplement “(a) (1) Subject to paragraph (3), an individual shall, if and while entitled to an annuity under subsection (a), (b), (d), or (e) of section 8412, or under section 8414(c), also be entitled to an annuity supplement under this section. “(2) Subject to paragraph (3), an individual shall, if and while entitled to an annuity under section 8412(f), or under subsection (a) or (b) of section 8414, also be entitled to an annuity supplement under this section if such individual is at least the applicable minimum retirement age under section 8412(h). “(3) (A) An individual whose entitlement to an annuity under section 8412 or 8414 does not commence before age 62 is not entitled to an annuity supplement under this section. “(B) An individual entitled to an annuity supplement under this section ceases to be so entitled after the last day of the month preceding the first month for which such individual would, on proper application, be entitled to old-age insurance benefits under title II of the Social Security Act, but not later than the last day of 42 USC 401. the month in which such individual attains age 62. “(b) (1) The amount of the annuity supplement of an annuitant under this section for any month shall be equal to the product of— “(A) an amount determined under paragraph (2), multiplied by “(B) a fraction, as described in paragraph (3). “(2) The amount under this paragraph for an annuitant is an amount equal to the old-age insurance benefit which would be payable to such annuitant under title II of the Social Security Act (without regard to sections 203, 215(a)(7), and 215(d)(5) of such Act) 42 USC 403, 415. upon attaining age 62 and filing application therefor, determined as if the annuitant had attained such age and filed application therefor, and were a fully insured individual (as defined in section 214(a) of such Act), on January 1 of the year in which such annuitant’s 42 USC 414. entitlement to any payment under this section commences, except that the reduction of such old-age insurance benefit under section 202(q) of such Act shall be the maximum applicable for an individual 42 USC 402. born in the same year as the annuitant. In computing the primary insurance amount under section 215 of such Act for purposes 42 USC 415. of this paragraph, the number of elapsed years (referred to in section 215(b)(2)(B)(iii) of such Act and used to compute the number of benefit computation years) shall not include years beginning with the year in which such annuitant’s entitlement to any payment under this section commences, and— “(A) only basic pay for service performed (if any) shall be taken into account in computing the total wages and self-employment income of the annuitant for a benefit computation year; “(B) for a benefit computation year which commences after the date of the separation with respect to which entitlement to the annuitant’s annuity under this subchapter is based and before the date as of which such annuitant is treated, under the preceding sentence, to have attained age 62, the total wages and self-employment income of such annuitant for such year shall be deemed to be zero; and “(C) for a benefit computation year after age 21 which precedes the separation referred to in subparagraph (B), and during which the individual did not perform a full year of service, the total wages and self-employment income of such annuitant for such year shall be deemed to have been an amount equal to the product of— “(i) the average total wages of all workers for that year, multiplied by “(ii) a fraction— “(I) the numerator of which is the total basic pay of the individual for service performed in the first year thereafter in which such individual performed a full year of service; and “(II) the denominator of which is the average total wages of all workers for the year referred to in subclause (I). “(3) The fraction under this paragraph for any annuitant is a fraction— “(A) the numerator of which is the annuitant’s total years of service (rounding a fraction to the nearest whole number, with ½ being rounded to the next higher number), not to exceed the number under subparagraph (B); and “(B) the denominator of which is 40. “(4) For the purpose of this subsection— “(A) the term ‘benefit computation year’ has the meaning provided in section 215(b)(2)(B)(i) of the Social Security Act; 42 USC 415. “(B) the term ‘average total wages of all workers’, for a year, means the average of the total wages, as defined and computed under section 215(b)(3)(A)(ii)(I) of the Social Security Act for such year; and “(C) the term ‘service’ does not include military service. “(c) An amount under this section shall, for purposes of section 8467, be treated in the same way as an amount computed under section 8415. “§ 8421a. Reductions on account of earnings from work performed while entitled to an annuity supplement “(a) The amount of the annuity supplement to which an individual is entitled under section 8421 for any month (determined without regard to subsection (c) of such section) shall be reduced by the amount of any excess earnings of such individual which are required to be charged to such supplement for such month, as determined under subsection (b). “(b) The amount of an individual’s excess earnings shall be charged to months as follows: “(1) (A) There shall be charged to each month of a year under subsection (a) an amount equal to the individual’s excess earnings (as determined under paragraph (2) with respect to such year), divided by the number of the individual’s supplement entitlement months for such year (as determined under paragraph (3)). “(B) Notwithstanding subparagraph (A), the amount charged to a month under subsection (a) may not exceed the amount of the annuity supplement to which the individual is entitled under section 8421 for such month (determined without regard to subsection (c) of such section). “(2) The excess earnings based on which reductions under subsection (a) shall be made with respect to an individual in a year— “(A) shall be equal to 50 percent of so much of such individual’s earnings for the immediately preceding year as exceeds the applicable exempt amount for such preceding year; but “(B) may not exceed the total amount of the annuity supplement payments to which such individual was entitled for such preceding year under section 8421 (determined without regard to subsection (c) of such section, and without regard to this section). “(3) (A) Subject to subparagraph (B), the number of an individual’s supplement entitlement months for a year shall be 12. “(B) The number determined under subparagraph (A) shall be reduced so as not to include any month after which such individual ceases to be entitled to an annuity supplement by reason of section 8421(a)(3)(B), relating to cessation of entitlement upon attaining age 62. “(4) (A) For purposes of this section, and except as provided in subparagraph (B), the ‘earnings’ and the ‘applicable exempt amount’ of an individual shall be determined in a manner consistent with applicable provisions of section 203 of the Social Security Act. 42 USC 403. “(B) For purposes of this section— “(i) in determining the excess earnings of any individual, only earnings attributable to periods during which such individual was entitled to an annuity supplement under section 8421 shall be considered; and “(ii) any earnings attributable to a period before attaining the applicable retirement age under section 8412(h) shall not be considered in determining the excess earnings of an individual who retires under section 8412 (d) or (e), or section 8414(c). “(c) If, after an individual ceases to be entitled to an annuity supplement under section 8421 by reason of subsection (a)(3)(B) of such section, any portion of the individual’s excess earnings remains outstanding, an amount not to exceed 25 percent of the amount otherwise payable to such individual under this chapter for each month shall be deducted from such monthly payment until the full amount of that outstanding portion has been accounted for. To the extent practicable, reductions under this subsection shall be made by a level percentage. “(d) The Office shall prescribe regulations under which this section Regulations. shall be applied in the case of a reemployed annuitant. “§ 8422. Deductions from pay; contributions for military service “(a) (1) The employing agency shall deduct and withhold from basic pay of each employee and Member a percentage of basic pay determined in accordance with paragraph (2). “(2) The applicable percentage under this subsection for any pay period shall be— “(A) in the case of an employee (other than a law enforcement officer, firefighter, air traffic controller, or Congressional employee) a percentage equal to— “(i) 7 percent, minus “(ii) the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1954 (relating to rate of tax 26 USC 3101. for old-age, survivors, and disability insurance); and “(B) in the case of a Member, law enforcement officer, firefighter, air traffic controller, or Congressional employee, a percentage equal to— “(i) 7½ percent, minus “(ii) the same percentage as would apply in the case of an employee under subparagraph (A)(ii). “(b) Each employee or Member is deemed to consent and agree to the deductions under subsection (a). Notwithstanding any law or regulation affecting the pay of an employee or Member, payment less such deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to any benefits under this subchapter, or under subchapter IV or V of this chapter, based on the service of the employee or Member. “(c) The amounts deducted and withheld under this section shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Comptroller General of the United States may prescribe. “(d) Under such regulations as the Office may prescribe, amounts deducted under subsection (a) shall be entered on individual retirement records. “(e) (1) Each employee or Member who has performed military service before the date of the separation on which the entitlement to any annuity under this subchapter, or subchapter V of this chapter, is based may pay, in accordance with such regulations as the Office shall issue, to the agency by which the employee is employed, or, in the case of a Member or a Congressional employee, to the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, an amount equal to 3 percent of the amount of the basic pay paid under section 204 of title 37 to the employee or Member for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the employee or Member may provide, or if the Office determines sufficient evidence has not been so provided to adequately determine basic pay for military service, such payment shall be based on estimates of such basic pay provided to the Office under paragraph (4). “(2) Any deposit made under paragraph (1) more than two years after the later of— “(A) January 1, 1987; or “(B) the date on which the employee or Member making the deposit first becomes an employee or Member, shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under section 8334(e). “(3) Any payment received by an agency, the Secretary of the Senate, or the Clerk of the House of Representatives under this subsection shall be immediately remitted to the Office for deposit in the Treasury of the United States to the credit of the Fund. “(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Office as the Office may determine to be necessary for the administration of this subsection. “§ 8423. Government contributions “(a) (1) Each employing agency having any employees or Members subject to section 8422(a) shall contribute to the Fund an amount equal to the sum of— “(A) the product of— “(i) the normal-cost percentage, as determined for employees (other than employees covered by subparagraph (B)), multiplied by “(ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees (under clause (i)) who are within such agency; and “(B) the product of— “(i) the normal-cost percentage, as determined for Members, Congressional employees, law enforcement officers, firefighters, air traffic controllers, military reserve technicians, and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act of 1964 for Post, pp. 625, 626. Certain Employees, multipled by “(ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees and Members (under clause (i)) who are within such agency. “(2) In determining any normal-cost percentage to be applied under this subsection, amounts provided for under section 8422 shall be taken into account. “(3) Contributions under this subsection shall be paid— “(A) in the case of law enforcement officers, firefighters, air traffic controllers, military reserve technicians, and other employees, from the appropriation or fund used to pay such law enforcement officers, firefighters, air traffic controllers, military reserve technicians, or other employees, respectively; “(B) in the case of elected officials, from an appropriation or fund available for payment of other salaries of the same office or establishment; and “(C) in the case of employees of the legislative branch paid by the Clerk of the House of Representatives, from the contingent fund of the House. “(4) A contribution to the Fund under this subsection shall be deposited under such procedures as the Comptroller General of the United States may prescribe. “(b) (1) The Office shall compute— “(A) the amount of the supplemental liability of the Fund with respect to individuals other than those to whom subparagraph (B) relates, and “(B) the amount of the supplemental liability of the Fund with respect to current or former employees of the United States Postal Service (and the Postal Rate Commission) and their survivors; as of the close of each fiscal year beginning after September 30, 1987. “(2) The amount of any supplemental liability computed under paragraph (1)(A) or (1)(B) shall be amortized in 30 equal annual installments, with interest computed at the rate used in the most recent valuation of the System. “(3) At the end of each fiscal year, the Office shall notify— “(A) the Secretary of the Treasury of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(A); and “(B) the Postmaster General of the United States of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(B). “(4) (A) Before closing the accounts for a fiscal year, the Secretary of the Treasury shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the amount under paragraph (3)(A) for such year. “(B) Upon receiving notification under paragraph (3)(B), the United States Postal Service shall pay the amount specified in such notification to the Fund. “(5) For the purpose of carrying out paragraph (1) with respect to any fiscal year, the Office may— “(A) require the Board of Actuaries of the Civil Service Retirement System to make actuarial determinations and valuations, make recommendations, and maintain records in the same manner as provided in section 8347(f); and “(B) use the latest actuarial determinations and valuations made by such Board of Actuaries. “(c) Under regulations prescribed by the Office, the head of an agency may request reconsideration of any amount determined to be payable with respect to such agency under subsection (a) or (b). Any such request shall be referred to the Board of Actuaries of the Civil Service Retirement System. The Board of Actuaries shall review the computations of the Office and may make any adjustment with respect to any such amount which the Board determines appropriate. A determination by the Board of Actuaries under this subsection shall be final. “§ 8424. Lump-sum benefits; designation of beneficiary; order of precedence “(a) Subject to subsection (b), an employee or Member who— “(1) (A) is separated from the service for at least 31 consecutive days; or “(B) is transferred to a position in which the individual is not subject to this chapter and remains in such a position for at least 31 consecutive days; “(2) files an application with the Office for payment of the lump-sum credit; “(3) is not reemployed in a position in which the individual is subject to this chapter at the time of filing the application; and “(4) will not become eligible to receive an annuity within 31 days after filing the application; is entitled to be paid the lump-sum credit. Except as provided in section 8420a, payment of the lump-sum credit to an employee or Member voids all annuity rights under this subchapter, and subchapters IV and V of this chapter, based on the service on which the lump-sum credit is based. “(b) (1) Payment of the lump-sum credit under subsection (a)— “(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the application by the employee or Member; and “(B) in any case in which there is a former spouse, shall be subject to the terms of a court decree of divorce, annulment, or legal separation issued with respect to such former spouse if— “(i) the decree expressly relates to any portion of the lump-sum credit involved; and “(ii) payment of the lump-sum credit would affect any right or interest of the former spouse with respect to a survivor annuity under section 8445, or to any portion of an annuity under section 8467. “(2) (A) Notification of a spouse or former spouse under this subsection Regulations. 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) 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 Regulations. subsection shall be applied in any case in which the Office receives two or more orders or decrees referred to in paragraph (l)(B)(i). “(c) Under regulations prescribed by the Office, an employee or Member, or a former employee or Member, may designate one or more beneficiaries under this section. “(d) Lump-sum benefits authorized by subsections (e) through (g) shall be paid to the individual or individuals surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other individual: “First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before the death of such employee or Member. For this purpose, a designation, change, or cancellation of bene-ficiary in a will or other document not so executed and filed has no force or effect. “Second, if there is no designated beneficiary, to the widow or widower of the employee or Member. “Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation. “Fourth, if none of the above, to the parents of the employee or Member or the survivor of them. “Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member. “Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of death of the employee or Member. For the purpose of this subsection, ‘child’ includes a natural child and an adopted child, but does not include a stepchild. “(e) If an employee or Member, or former employee or Member, dies— “(1) without a survivor, or “(2) with a survivor or survivors and the right of all survivors under subchapter IV terminates before a claim for survivor annuity under such subchapter is filed, the lump-sum credit shall be paid. “(f) If all annuity rights under this chapter (other than under subchapter III of this chapter) based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid. “(g) If an annuitant dies, annuity accrued and unpaid shall be paid. “(h) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor shall be paid in the following order of precedence, and the payment bars recovery by any other person: “First, to the duly appointed executor or administrator of the estate of the survivor. “Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor, to such next of kin of the survivor as the Office determines to be entitled under the laws of the domicile of the survivor at the date of death. “§ 8425. Mandatory separation “(a) An air traffic controller who is otherwise eligible for immediate retirement under section 8412(e) shall be separated from the service on the last day of the month in which that air traffic controller becomes 56 years of age or completes 20 years of service if then over that age. The Secretary, under such regulations as the Secretary may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires. “(b) A law enforcement officer or firefighter who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer or firefighter becomes 55 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires. “(c) The President, by Executive order, may exempt an employee President of U.S. from automatic separation under this section if the President determines the public interest so requires. “SUBCHAPTER III— THRIFT SAVINGS PLAN “§ 8431. Definition “Notwithstanding section 8401 of this, title, for the purpose of this subchapter, the term ‘basic pay’, when used with respect to an employee or Member, means the basic pay of the employee or Member established pursuant to law, without regard to any provision of law (except sections 5308 and 538200) of this title) limiting the rate of pay actually payable in any pay period (including any provision of law restricting the use of appropriated funds). “§ 8432. Contributions “(a) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b)(1), an amount not to exceed 10 percent of such individual’s basic pay for such period. Contributions made under this subsection during any 6-month period for which an election period is provided under subsection 0))(1) shall be made each pay period during such 6-month period pursuant to a program of regular contributions provided in regulations prescribed by the Executive Director. “(b) (1) (A) The Executive Director shall prescribe regulations under Regulations. which employees and Members shall be afforded a reasonable period every 6 months to elect to make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions. An election to make such contributions shall remain in effect until modified or terminated. “(B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amount designated by the employee or Member. “(2) Under the regulations— “(A) an employee or Member who has not previously been eligible to make an election under this subsection shall not become so eligible until the second period (described in paragraph (D) beginning after the date of commencing service as an employee or Member; “(B) an employee or Member whose appointment or election to a position or office in the Federal Government follows a previous period of service during which that individual met the requirements of subparagraph (A) shall be eligible to make an election under this subsection notwithstanding any period of separation; “(C) an employee or Member who elects under subparagraph (D) to terminate contributions shall not again become eligible to make an election under this subsection until the second period (described in paragraph (1)) commencing after the election to terminate; and “(D) an election to terminate may be made under this subparagraph at any time other than during a period afforded under paragraph (1). “(3) Notwithstanding paragraph (2)(A), an employee or Member who elects to become subject to this chapter under section 301 of the Federal Employees’ Retirement System Act of 1986 may make the first election for the purpose of subsection (a) during the period prescribed for such purpose by the Executive Director. The period prescribed by the Executive Director shall commence on the date on which the employee or Member makes the election to become subject to this chapter. “(4) Notwithstanding paragraph (2)(A), an employee or Member who is an employee or Member on January 1, 1987, and has creditable service described in section 8411(b)(2) of this title may make the first election for the purpose of subsection (a) during the election period prescribed for such purpose by the Executive Director. The Executive Director shall prescribe an election period for such purpose which shall commence on January 1, 1987. An election by such an employee or Member during that election period shall be effective on the first day of the employee’s or Member’s first pay period which begins after the last day of that election period. “(c) (1) At the end of the pay period that includes the first date on which an employee or Member may make contributions under subsection (a) (without regard to whether the employee or Member has elected to make such contributions during such pay period), and at the end of each succeeding pay period, the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the basic pay of such employee or Member for such pay period. “(2) (A) In addition to contributions made under paragraph (1), the employing agency of an employee or Member who contributes to the Thrift Savings Fund under subsection (a) for any pay period shall make a contribution to the Thrift Savings Fund for the benefit of such employee or Member. The employing agency’s contribution shall be made at the end of such pay period. “(B) The amount contributed under subparagraph (A) by an employing agency with respect to a contribution of an employee or Member during any pay period shall be the amount equal to the sum of— “(i) such portion of the total amount of the employee’s or Member’s contribution as does not exceed 3 percent of such employee’s or Member’s basic pay for such period; and “(ii) one-half of such portion of the amount of the employee’s or Member’s contribution as exceeds 3 percent, but does not exceed 5 percent, of such employee’s or Member’s basic pay for such pay period. “(3) (A) There shall be contributed to the Thrift Savings Fund on behalf of each employee or Member described in subparagraph (B) the amount determined under subparagraph (C). “(B) An employee or Member referred to in subparagraph (A) is an employee or Member who— “(i) is an employee or Member on January 1, 1987; “(ii) has creditable service described in section 8411(b)(2) of this title; and “(iii) has not received a refund of the amount of the retirement deductions made with respect to such service under section 204 of the Federal Employees’ Retirement Contribution Temporary Adjustment Act of 1983. 5 USC 8331 note. “(C) The amount referred to in subparagraph (A) in the case of an employee or Member is equal to the sum of— “(i) 1 percent of the total basic pay paid to such employee or Member for service described in section 8411(b)(2) of this title; and “(ii) interest on such amount computed with respect to such service in the manner provided in paragraphs (2) and (3) of section 8334(e) of this title. “(D) The Secretary of the Treasury shall credit to the Thrift Savings Fund, out of any sums in the Treasury not otherwise appropriated, the amounts determined by the Director to be necessary to carry out this paragraph. “(d) Notwithstanding any other provision of this section, no contribution may be made under this section for any year to the extent that such contribution, when added to prior contributions for such year, exceeds any limitation under section 415 of the Internal Revenue Code of 1954. 26 USC 415. “(e) The sums required to be contributed to the Thrift Savings Fund by an employing agency under subsection (c) for the benefit of an employee or Member shall be paid from the appropriation or fund available to such agency for payment of salaries of the employee’s or Member’s office or establishment. When an employee or Member in the legislative branch is paid by the Clerk of the House of Representatives, the Clerk may pay from the contingent fund of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee or Member. “(f) Amounts contributed by an employee or Member under subsection (a) and amounts contributed with respect to such employee or Member under subsection (c) shall be deposited in the Thrift Savings Fund to the credit of that employee’s or Member’s account in accordance with such procedures as the Comptroller General of the United States may, in consultation with the Executive Director, prescribe in regulations. “(g) (1) Except as provided in paragraphs (2) and (3), all contributions made under this section shall be fully nonforfeitable when made. “(2) Contributions made for the benefit of an employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the employee separates from Government employment before completing— “(A) 2 years of civilian service in the case of an employee who, at the time of separation, is serving in— “(i) a position in the Senior Executive Service as a non-career appointee (as defined in section 3132(a)(7) of this title); “(ii) a position listed in section 5312, 5313, 5314, 5315, or 5316 of this title or a position placed in level IV or V of the Executive Schedule under section 5317 of this title; or “(iii) a position in the Executive branch which is excepted from the competitive service by the Office by reason of the confidential and policy-determining character of the position; or “(B) 3 years of civilian service in the case of an employee who is not serving in a position described in subparagraph (A) at the time of separation. “(3) Contributions made for the benefit of a Member or Congressional employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the Member or Congressional employee separates from Government employment before completing 2 years of civilian service. “(h) No transfers or contributions may be made to the Thrift Savings Fund except as provided in this chapter or section 8351 of this title. “§ 8433. Benefits and election of benefits “(a) An employee or Member who separates from Government employment is entitled to the amount of the balance in the employee’s or Member’s account (except for the portion of such amount forfeited under section 8432(g) of this title, if any) as provided in this section. “(b) Subject to section 8435 of this title, any employee or Member who separates from Government employment entitled to an immediate annuity under subchapter II of this chapter, any employee or Member who separates from Government employment entitled to benefits under subchapter I of chapter 81 of this title, and any 5 USC 8101. employee or Member who is entitled to receive disability benefits under subchapter V of this chapter is entitled and may elect— “(1) to receive an immediate annuity from the Thrift Savings Fund; “(2) to defer the commencement of the payment of an annuity from the Thrift Savings Fund until such date as the employee or Member specifies, but not later than April 1 of the year following the year in which the employee or Member becomes 70½ years of age; “(3) to withdraw the amount of the balance in the employee’s or Member’s account in the Thrift Savings Fund in one or more substantially equal payments to be made not less frequently than annually and to commence before April 1 of the year following the year in which the employee or Member becomes 70½ years of age; or “(4) to transfer the amount of the balance in the employee’s or Member’s account to an eligible retirement plan as provided in subsection (e). “(c) Subject to section 8435 of this title, any employee or Member who separates from Government employment entitled to a deferred annuity under subchapter II of this chapter is entitled and may elect— “(1) to receive an immediate annuity from the Thrift Savings Fund; “(2) to defer the commencement of the payment of an annuity from the Thrift Savings Fund until such date as the employee or Member specifies, but not later than April 1 of the year following the year in which the employee or Member becomes 70½ years of age; “(3) to withdraw the amount of the balance in the employee’s or Member’s account in the Thrift Savings Fund in one or more substantially equal payments to be made not less frequently than annually and to commence during any period which (A) commences on or after the date on which payment of the employee’s or Member’s annuity under subchapter II of this chapter commences, and (B) ends not later than April 1 of the year following the year in which the employee or Member becomes 70½ years of age; or “(4) to transfer the amount of the balance in the employee’s or Member’s account to an eligible retirement plan as provided in subsection (e). “(d) Subject to section 8435 of this title, any employee or Member who separates from Government employment before becoming entitled to a deferred annuity under subchapter II of this chapter shall transfer the amount of the balance in the employee’s or Member’s account to an eligible retirement plan as provided in subsection (e). “(e) (1) The Executive Director shall make each transfer elected under subsection (b)(4) or (c)(4) or required under subsection (d) directly to an eligible retirement plan or plans (as defined in section 402(a)(5)(E) of the Internal Revenue Code of 1954) identified by the 26 USC 402. employee, Member, former employee, or former Member for whom the transfer is made. “(2) A transfer may not be made for an employee. Member, former employee, or former Member under paragraph (1) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made. “(f) (1) Subject to paragraph (3)(A) and subsections (a) and (d) of section 8435 of this title, an employee or Member may change an election previously made under this subchapter. “(2) Subject to paragraph (3)(B) and section 8435(d) of this title, a former employee or Member who has made an election pursuant to subsection (b)(2) or (c)(2) may modify the date specified in such election or in a previous modification under this paragraph. “(3) (A) A former employee or Member may not change an election under this section on or after the date on which a payment is made in accordance with such election or, in the case of an election to receive an annuity, the date on which an annuity elected by the former employee or Member commences. “(B) A modification of a date may not be made under paragraph (2) on or after such date and may not specify a date for the commencement of an annuity earlier than 1 month after the date on which the modification is submitted to the Executive Director. “(g) If an employee or Member (or former employee or Member) dies without having made an election under this section or after having elected an annuity under this section but before making an election under section 8434 of this title, an amount equal to the value of that individual’s account (as of death) shall, subject to any decree, order, or agreement referred to in section 8435(d)(2) of this title be paid in a manner consistent with section 8424(d) of this title. “(h) Unless otherwise elected under this section, benefits under this subchapter shall be paid as an annuity commencing for an employee. Member, former employee, or former Member on February 1 of the year following the latest of the year in which— “(1) the employee, Member, former employee, or former Member becomes 65 years of age; “(2) occurs the tenth anniversary of the year in which the employee, Member, former employee, or former Member became subject to this subchapter; or “(3) the employee, Member, former employee, or former Member separates from Government employment. “(i) (1) At any time after December 31, 1987, and before separation, an employee or Member may apply to the Board for permission to borrow from the employee’s or Member’s account an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member under section 8432(a) of this title. “(2) An application under this subsection may be approved only for— “(A) the purchase of a primary residence; “(B) educational expenses; “(C) medical expenses; or “(D) financial hardship. “(3) Loans under this subsection shall be subject to such conditions as the Board may prescribe consistent with section 408(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(1)). The conditions shall be included in regulations issued by the Executive Director. “(4) A loan may not be made under this subsection to the extent that the loan would be treated as a taxable distribution under section 72(p) of the Internal Revenue Code of 1954. 26 USC 72. “(5) A loan may not be made under this subsection unless the requirements of section 8435(0 of this title are satisfied. “§ 8434. Annuities: methods of payment; election; purchase “(a) (1) The Board shall prescribe methods of payment of annuities under this subchapter. “(2) The methods of payment prescribed under paragraph (1) shall include, but not be limited to— “(A) a method which provides for the payment of a monthly annuity only to an annuitant during the life of the annuitant; “(B) a method which provides for the payment of a monthly annuity to an annuitant for the joint lives of the annuitant and the spouse of the annuitant and an appropriate monthly annuity to the one of them who survives the other of them for the life of the survivor; “(C) a method described in subparagraph (A) which provides annual increases in the amount of the annuity payable; “(D) a method described in subparagraph (B) which provides annual increases in the amount of the annuity payable; and “(E) a method which provides for the payment of a monthly annuity— “(i) to the annuitant for the joint lives of the annuitant and an individual who is designated by the annuitant under regulations prescribed by the Executive Director and (I) is a former spouse of the annuitant, or (II) has an insurable interest in the annuitant; and “(ii) to the one of them who survives the other of them for the life of the survivor. “(b) Subject to section 8435(c) of this title, under such regulations Regulations. as the Executive Director shall prescribe, an employee, Member, former employee, or former Member who elects under section 8433 of this title to receive an annuity under this subchapter shall elect, on or before the date on which the annuity commences, one of the methods of payment prescribed under subsection (a). “(c) Notwithstanding an elimination of a method of payment by the Board— “(1) an employee. Member, former employee, or former Member who is entitled under section 8412 of this title to an immediate annuity not reduced under section 8415(f) of this title may elect the eliminated method if the elimination of such method became effective less than 5 years before the date on which the annuity commences; and “(2) any other employee. Member, former employee, or former Member may elect such method of payment for amounts contributed by or on behalf of the employee, Member, former employee, or former Member under section 8432 of this title before such effective date and for earnings attributable to such amounts. “(d) (1) At the time an annuity is to commence under this subchapter, the Executive Director shall expend the balance in the annuitant’s account to purchase an annuity contract from any entity which, in the normal course of its business, sells and provides annuities. “(2) The Executive Director shall assure, by contract entered into Contracts. with each entity from which an annuity contract is purchased under paragraph (1), that the annuity shall be provided in accordance with the provisions of this subchapter and subchapter VII of this chapter. “(3) An annuity contract purchased under paragraph (1) shall include such terms and conditions as the Executive Director requires for the protection of the annuitant. “(4) The Executive Director shall require, from each entity from which an annuity contract is purchased under paragraph (1), a bond or proof of financial responsibility sufficient to protect the annuitant. “§ 8435. Protections for spouses and former spouses “(a) (1) (A) A married employee or Member (or former employee or Member) may make an election under subsection (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title or change an election previously made under subsection (b)(1), (b)(2), (c)(1), or (c)(2) of such section only if the employee or Member (or former employee or Member) satisfies the requirements of subparagraph (B). “(B) An employee or Member (or former employee or Member) may make an election or change referred to in subparagraph (A) if the employee or Member and the employee’s or Member’s spouse (or the former employee or Member and the former employee’s or Member’s spouse) jointly waive, by written election, any right which the spouse may have to a survivor annuity with respect to such employee or Member (or former employee or Member) under section 8434 of this title or subsection (c). “(2) Paragraph (1) shall not apply to an election or change of election by an employee or Member (or former employee or Member) who establishes to the satisfaction of the Executive Director (at the time of the election or change and in accordance with regulations prescribed by the Executive Director)— “(A) that the spouse’s whereabouts cannot be determined; or “(B) that, due to exceptional circumstances, requiring the spouse’s waiver would otherwise be inappropriate. “(b) (1) Except as provided in paragraph (2), a transfer may be made by an employee or Member (or former employee or Member) under section 8433(d) of this title only after the Executive Director notifies any current spouse and each former spouse of the employee or Member (or former employee or Member), if any, that the transfer is to be made. “(2) Paragraph (1) may be waived with respect to a spouse or former spouse if the employee or Member (or former employee or Member) establishes to the satisfaction of the Executive Director that the whereabouts of such spouse or former spouse cannot be determined. “(c) (1) Notwithstanding any election under subsection (b) of section 8434 of this title, the method described in subsection (a)(2)(B) of such section (or, if more than one form of such method is available, the form which the Board determines to be the one which provides for a surviving spouse a survivor annuity most closely approximating the annuity of a surviving spouse under section 8442 of this title) shall be deemed the applicable method under such subsection (b) in the case of an employee. Member, former employee, or former Member who is married on the date on which the employee’s. Member’s, former employee’s, or former Member’s annuity commences under this subchapter. “(2) Paragraph (1) shall not apply— “(A) in the case of an employee or Member retiring under section 8412, 8413, 8414, or 8451 of this title if— “(i) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or “(ii) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described in subsection (a)(2)(A) or (a)(2)(B) make the requirement of a joint waiver inappropriate; or “(B) in the case of an employee or Member not covered by subparagraph (A), if the employee or Member waives such method after— “(i) having provided notification to the spouse of intent to waive; or “(ii) establishing to the satisfaction of the Executive Director that the whereabouts of such spouse cannot be determined. “(d) (1) An election, change of election, or modification of the commencement date of a deferred annuity shall not be effective under this subchapter and a transfer may not be made under section 8433(d) of this title to the extent that the election, change, modification, or transfer conflicts with any court decree, order, or agreement described in paragraph (2). “(2) A court decree, order, or agreement referred to in paragraph (1) is, with respect to an employee or Member (or former employee or Member), a court decree of divorce, annulment, or legal separation issued in the case of such employee or Member (or former employee or Member) and any former spouse of the employee or Member (or former employee or Member) or any court order or court-approved property settlement agreement incident to such decree if— “(A) the decree, order, or agreement expressly relates to any portion of the balance in the employee’s or Member’s (or former employee’s or Member’s) account; and “(B) notice of the decree, order, or agreement was received by the Executive Director before— “(i) the date on which payment is made, or “(ii) in the case of an annuity, the date on which the annuity commences, in accordance with the election, change, modification, or contribution referred to in paragraph (1). “(3) The Executive Director shall prescribe regulations under Regulations. which this subsection shall be applied in any case in which the Executive Director receives two or more decrees, orders, or agreements referred to in paragraph (1). “(e) (1) Subject to paragraphs (2) through (7), a former spouse of a deceased employee or Member (or a deceased former employee or Member) who died after performing 18 or more months of service and a former spouse of a deceased former employee or Member who died entitled to an immediate or deferred annuity under subchapter II of this chapter is entitled to a survivor annuity under this subsection if and to the extent that— “(A) an election under section 8434(a)(2)(E) of this title, or “(B) any court decree, order, or agreement (described in subsection (d)(2), without regard to subparagraph (B) of such subsection) which relates to such deceased individual and such former spouse, expressly provides for such survivor annuity. “(2) Paragraph (1) shall apply only to payments made by the Executive Director after the date on which the Executive Director receives written notice of the election, decree, order, or agreement, and such additional information and documentation as the Executive Director may require. “(3) The amount of the survivor annuity payable from the Thrift Savings Fund to a former spouse of a deceased employee. Member, former employee, or former Member under this section may not exceed the excess, if any, of— “(A) the amount of the survivor annuity determined for a surviving spouse of the deceased employee, Member, former employee, or former Member under the method described in subsection (c)(1), over “(B) the total amount of all other survivor annuities payable under this subchapter to other former spouses of such deceased employee. Member, former employee, or former Member based on the order of precedence provided in paragraph (4). “(4) If more than one former spouse of a deceased employee, Member, former employee, or former Member is entitled to a survivor annuity pursuant to this subsection, the amount of each such survivor annuity shall be limited appropriately to carry out paragraph (3) in the order of precedence established for the entitlements by the chronological order of the dates on which elections are properly made pursuant to section 8434(a)(2)(E) of this title and the dates on which the court decrees, orders, or agreements applicable to the entitlement were issued, as the case may be. “(5) Subsections (c) and (d) of section 8445 of this title shall apply to an entitlement of a former spouse to a survivor annuity under this subsection. “(6) For the purposes of this section, a court decree, order, or agreement or an election referred to in subsection (a) of this section shall not be effective, in the case of a former spouse, to the extent that the election is inconsistent with any joint waiver previously executed with respect to such former spouse under subsection (a)(2) or (c)(2). “(7) Any payment under this subsection to any individual bars recovery by any other individual. “(f) (1) (A) A loan may be made to a married employee or Member Loans. under section 8433(i) of this title only if the employee’s or Member’s spouse consents to such loan in writing. “(B) A consent under subparagraph (A) shall be irrevocable with respect to the loan to which the consent relates. “(C) Subparagraph (A) shall not apply to a loan to an employee or Member who establishes to the satisfaction of the Executive Director (at the time the employee or Member applies for such loan and in accordance with regulations prescribed by the Executive Director)— “(i) that the spouse’s whereabouts cannot be determined; or “(ii) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse’s consent would otherwise be inappropriate. “(2) An application for a loan under section 8433(i) of this title shall not be approved if approval would have the result described in subsection (d)(1). “(g) Waivers and notifications required by this section and waivers of the requirements for such waivers and notifications (as authorized by this section) may be made only in accordance with procedures prescribed by the Executive Director. “(h) The protections provided by this section are in addition to the protections provided by section 8467 of this title. “§ 8436. Administrative provisions “(a) The Executive Director shall make or provide for payments and transfers in accordance with an election of an employee or Member under section 8433 or 8434(b) of this title or, if applicable, in accordance with section 8435 of this title. “(b) Any election, change of election, or modification of a deferred annuity commencement date made under this subchapter shall be in writing and shall be filed with the Executive Director in accordance with regulations prescribed by the Executive Director. “§ 8437. Thrift Savings Fund “(a) There is established in the Treasury of the United States a Thrift Savings Fund. “(b) The Thrift Savings Fund consists of the sum of all amounts contributed under section 8432 of this title and all amounts deposited under section 8479(b) of this title, increased by the total net earnings from investments of sums in the Thrift Savings Fund or reduced by the total net losses from investments of the Thrift Savings Fund, and reduced by the total amount of payments made from the Thrift Savings Fund (including payments for administrative expenses). “(c) The sums in the Thrift Savings Fund are appropriated and shall remain available without fiscal year limitation— “(1) to invest under section 8438 of this title; “(2) to pay benefits or purchase annuity contracts under this subchapter; “(3) to pay the administrative expenses of the Federal Retirement Thrift Investment Management System prescribed in subchapter VII of this chapter; “(4) to make distributions for the purposes of section 84400)) of this title; “(5) to make loans to employees and Members as authorized under section 8433(i) of this title; and “(6) to purchase insurance as provided in section 8479(b)(2) of this title. “(d) Administrative expenses incurred to carry out this subchapter and subchapter VII of this chapter shall be paid first out of any sums in the Thrift Savings Fund forfeited under section 8432(g) of this title and then out of net earnings in such Fund attributable to sums contributed to such Fund under section 8432(c) of this title. “(e) (1) Subject to paragraphs (2) and (3), sums in the Thrift Savings Fund credited to the account of an employee, Member, former employee, or former Member may not be used for, or diverted to, purposes other than for the exclusive benefit of the employee, Member, former employee, or former Member or his beneficiaries under this subchapter. “(2) Except as provided in paragraph (3), sums in the Thrift Savings Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. For the purposes of this paragraph, a loan made from such Fund to an employee or Member shall not be considered to be an assignment or alienation. “(3) Moneys due or payable from the Thrift Savings Fund to any Children and youth. Alimony. Law enforcement and crime. individual and, in the case of an individual who is an employee or Member (or former employee or Member), the balance in the account of the employee or Member (or former employee or Member) shall be subject to legal process for the enforcement of the individual’s legal obligations to provide child support or make alimony payments as provided in section 459 of the Social Security Act (42 U.S.C. 659). “(f) The sums in the Thrift Savings Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. “(g) All sums contributed to the Thrift Savings Fund by an employee or Member or by an employing agency for the benefit of such employee or Member and all net earnings in such Fund attributable to investment of such sums are held in such Fund in trust for such employee or Member. “§ 8438. Investment of Thrift Savings Fund “(a) For the purposes of this section— “(1) the term ‘Common Stock Index Investment Fund’ means the Common Stock Index Investment Fund established under subsection (b)(l)(C); “(2) the term ‘equity capital’ means common and preferred stock, surplus, undivided profits, contingency reserves, and other capital reserves; “(3) the term ‘Fixed Income Investment Fund’ means the Fixed Income Investment Fund established under subsection (b)(1)(B); “(4) the term ‘Government Securities Investment Fund’ means the Government Securities Investment Fund established under subsection (b)(1)(A); “(5) the term ‘net worth’ means capital, paid-in and contributed surplus, unassigned surplus, contingency reserves, group contingency reserves, and special reserves; “(6) the term ‘plan’ means an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)); “(7) the term ‘qualified professional asset manager’ means— “(A) a bank, as defined in section 202(a)(2) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(2)) which— “(i) has the power to manage, acquire, or dispose of assets of a plan; and “(ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, equity capital in excess of $1,000,000; “(B) a savings and loan association, the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, which— “(i) has applied for and been granted trust powers to manage, acquire, or dispose of assets of a plan by a State or Government authority having supervision over savings and loan associations; and “(ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, equity capital or net worth in excess of $1,000,000; “(C) an insurance company which— “(i) is qualified under the laws of more than one State to manage, acquire, or dispose of any assets of a plan; “(ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, net worth in excess of $1,000,000; and “(iii) is subject to supervision and examination by a State authority having supervision over insurance companies; or “(D) an investment adviser registered under section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3) if the investment adviser has, on the last day of its latest fiscal year ending before the date of a determination for the purpose of this subparagraph, total client assets under its management and control in excess of $50,000,000, and— “(i) the investment adviser has, on such day, shareholder’s or partner’s equity in excess of $750,000; or “(ii) payment of all of the investment adviser’s liabilities, including any liabilities which may arise by reason of a breach or violation of a duty described in section 8477 of this title, is unconditionally guaranteed by— “(I) a person (as defined in section 8471(4) of this title) who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with the investment adviser and who has, on the last day of the person’s latest fiscal year ending before the date of a determination for the purpose of this clause, shareholder’s or partner s equity in an amount which, when added to the amount of the shareholder’s or partner’s equity of the investment adviser on such day, exceeds $750,000; “(II) a qualified professional asset manager described in subparagraph (A), (B), or (C); or “(III) a broker or dealer registered under section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) that has, on the last day of the broker’s or 15 USC 78o. dealer’s latest fiscal year ending before the date of a determination for the purpose of this clause, net worth in excess of $750,000; and “(8) the term ‘shareholder’s or partner’s equity’, as used in paragraph (7)(D) with respect to an investment adviser or a person (as defined in section 8471(4) of this title) who is affiliated with the investment adviser in a manner described in clause (ii)(I) of such paragraph (7)(D), means the equity shown in the most recent balance sheet prepared for such investment adviser or affiliated person, in accordance with generally accepted accounting principles, within 2 years before the date on which the investment adviser’s status as a qualified professional asset manager is determined for the purposes of this section. “(b) (1) The Board shall establish— “(A) a Government Securities Investment Fund under which sums in the Thrift Savings Fund are invested in securities of the United States Government issued as provided in subsection (f); “(B) a Fixed Income Investment Fund under which sums in the Thrift Savings Fund are invested in— “(i) insurance contracts; “(ii) certificates of deposits; or “(iii) other instruments or obligations selected by qualified professional asset managers, which return the amount invested and pay interest, at a specified rate or rates, on that amount during a specified period of time; and “(C) a Common Stock Index Investment Fund as provided in paragraph (2). “(2) (A) The Board shall select an index which is a commonly recognized index comprised of common stock the aggregate market value of which is a reasonably complete representation of the United States equity markets. “(B) The Common Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index selected under subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the percentage of the Common Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index. “(c) (1) Subject to subsection (e), the Executive Director shall invest the sums available in the Thrift Savings Fund for investment as provided in elections made under subsection (d). “(2) If an election has not been made with respect to any sums in the Thrift Savings Fund available for investment, the Executive Director shall invest such sums in the Government Securities Investment Fund. “(d) (1) At least twice each year, an employee or Member (or former employee or Member) may elect the investment funds referred to in subsection (b) into which the sums in the Thrift Savings Fund credited to such individual’s account and not subject to subsection (e) are to be invested or reinvested. “(2) An election may be made under paragraph (1) only in accordance with regulations prescribed by the Executive Director and within such period as the Executive Director shall provide in such regulations. “(e) (1) (A) During each year specified under column 1 of table I set out in subparagraph (D), the Executive Director shall invest, with respect to each employee, Member, former employee, and former Member not less than the percentage determined under subparagraph (B) of the amount described in subparagraph (C) in the Government Securities Investment Fund. “(B) For the purposes of subparagraph (A), the minimum percentage applicable to investments during a year specified under column 1 of table I is the percentage which corresponds to such year under column 2 of table I. “(C) The amount to be invested as provided in subparagraph (A) in any year specified under column 1 of table I is the total amount contributed to the Thrift Savings Fund by an employee. Member, former employee, or former Member under section 8432(a) of this title and available for investment during such year. “(D) Table I is as follows: “Column 1 Column 2 Year: Minimum percentage: 1987 100 1988 80 1989 60 1990 40 1991 20. “(2) (A) During each year specified under column 1 of table II set out in subparagraph (D), the Executive Director shall invest, with respect to each employee. Member, former employee, and former Member not less than the percentage determined under subparagraph (B) of the amount described in subparagraph (C) in the Government Securities Investment Fund. “(B) For the purposes of subparagraph (A), the minimum percentage applicable to investments during a year specified under column 1 of table II is the percentage which corresponds to such year under column 2 of table II. “(C) The amount to be invested as provided in subparagraph (A) in any year specified under column 1 of table II is the total amount contributed to the Thrift Savings Fund for the benefit of an employee. Member, former employee, or former Member under section 8432(c) of this title and available for investment during such year. “(D) Table II is as follows: “Column 1 Column 2 Year: Minimum percentage: 1987–1992 100 1993 80 1994 60 1995 40 1996 20. “(3) (A) Before 1992, the sums invested in the Government Securities Investment Fund as required by paragraph (1) and the earnings attributable to the investment of such sums may not be reinvested in any investment fund other than the Government Securities Investment Fund. “(B) Before 1997, the sums invested in the Government Securities Investment Fund as required by paragraph (2) and the earnings attributable to the investment of such sums may not be reinvested in any investment fund other than the Government Securities Investment Fund. “(f) (1) The Secretary of the Treasury is authorized to issue special interest-bearing obligations of the United States for purchase by the Thrift Savings Fund for the Government Securities Investment Fund. “(2) (A) Obligations issued for the purpose of this subsection shall have maturities fixed with due regard to the needs of such Fund as determined by the Executive Director, and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue of such obligations) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable earlier than 4 years after the end of such calendar month. “(B) Any average market yield computed under subparagraph (A) which is not a multiple of one-eighth of 1 percent, shall be rounded to the nearest multiple of one-eighth of 1 percent. “(g) The Board, other Government agencies, the Executive Director, an employee, a Member, a former employee, and a former Member may not exercise voting rights associated with the ownership of securities by the Thrift Savings Fund. “§ 8439. Accounting and information “(a) (1) The Executive Director shall establish and maintain an account for each individual for whom contributions are made under section 8432(c)(1) of this title or who makes contributions to the Thrift Savings Fund under section 8351 of this title. “(2) The balance in an individual’s account at any time is the excess of— “(A) the sum of— “(i) all contributions made to the Thrift Savings Fund by the individual under section 8432(a) or 8351 of this title; “(ii) all contributions made to such Fund for the benefit of the individual under section 8432(c) of this title; and “(iii) the total amount of the allocations made to and reductions made in the account pursuant to paragraph (3), over “(B) the amounts paid out of the Thrift Savings Fund with respect to such individual under this subchapter. “(3) Pursuant to regulations prescribed by the Executive Director, the Executive Director shall allocate to each account an amount equal to a pro rata share of the net earnings and net losses from each investment of sums in the Thrift Savings Fund attributable to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings under section 8437(d) of this title, as determined by the Executive Director. “(b) (1) For the purposes of this subsection, the term ‘qualified public accountant shall have the same meaning as provided in section 103(a)(3)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(a)(3)(D)). “(2) The Executive Director shall annually engage, on behalf of all individuals for whom an account is maintained, an independent qualified public accountant, who shall conduct an examination of all accounts and other books and records maintained in the administration of this subchapter and subchapter VII as the public accountant considers necessary to enable the public accountant to make the determination required by paragraph (3). The examination shall be conducted in accordance with generally accepted auditing standards and shall involve such tests of the accounts, books, and records as the public accountant considers necessary. “(3) The public accountant conducting an examination under paragraph (2) shall determine whether the accounts, books, and records referred to in such paragraph have been maintained in conformity with generally accepted accounting principles applied on a basis consistent with the manner in which such principles were applied during the examination conducted under such paragraph during the preceding year. The public accountant shall transmit to Reports. the Board and the Comptroller General of the United States a report on his examination, including his determination under this paragraph. “(4) In making a determination under paragraph (3), a public accountant may rely on the correctness of any actuarial matter certified by an enrolled actuary if the public accountant states his reliance in the report transmitted to the Board under such paragraph. “(c) (1) The Board shall prescribe regulations under which each Regulations. individual for whom an account is maintained shall be furnished with— “(A) a periodic statement relating to the individual’s account; and “(B) a summary description of the investment options under section 8438 of this title covering, and an evaluation of, each such option the 5-year period preceding the date as of which such evaluation is made. “(2) Information under this subsection shall be provided at least 30 calendar days before the beginning of each election period under section 8432(b)(1)(A) of this title, and in a manner designed to facilitate informed decisionmaking with respect to elections under sections 8432 and 8438 of this title. “(d) Each employee, Member, former employee, or former Member who elects to invest in the Common Stock Index Investment Fund or the Fixed Income Investment Fund described in paragraphs (1) and (3), respectively, of section 8438(a) of this title shall sign an acknowledgement prescribed by the Executive Director which states that the employee, Member, former employee, or former Member understands that an investment in either such Fund is made at the employee’s. Member’s, former employee’s, or former Member’s risk, that the employee. Member, former employee, or former Member is not protected by the Government against any loss on such investment, and that a return on such investment is not guaranteed by the Government. “§ 8440. Tax treatment of the Thrift Savings Fund “(a) For purposes of the Internal Revenue Code of 1954— 26 USC 1 et seq. “(1) the Thrift Savings Fund shall be treated as a trust described in section 401(a) of such Code which is exempt from 26 USC 401. taxation under section 501(a) of such Code; 26 USC 501. “(2) any contribution to, or distribution from, the Thrift Savings Fund shall be treated in the same manner as contributions to or distributions from such a trust; and “(3) subject to the provisions of subsection (b) and any dollar limitation on the application of section 402(a)(8) of such Code, 26 USC 402. contributions to the Thrift Savings Fund shall not be treated as distributed or made available to an employee or Member nor as a contribution made to the Fund by an employee or Member merely because the employee or Member has, under the provisions of this subchapter and section 8351 of this title, an election whether the contribution will be made to the Thrift Savings Fund or received by the employee or Member in cash. “(b) (1) Subsection (a)(3) shall not apply to the Thrift Savings Fund unless the Fund meets the antidiscrimination requirements (other than any requirement relating to coverage) applicable to arrangements described in section 401(k) of the Internal Revenue Code of 1954 and to matching contributions. 26 USC 401. “(2) (A) This subchapter shall not be treated as failing to meet the requirements of paragraph (1) for any year if the amount of the excess matching contributions and excess employee contributions for such year (and any income attributable to such contributions) is distributed before the close of the following year. Such contributions (and income) may be distributed without regard to any other provision of law. “(B) For purposes of subparagraph (A), the term ‘excess matching contributions’ means, with respect to any year, the excess of— “(i) the aggregate amount of contributions under section 8432(c) of this title actually made on behalf of highly compensated employees (as defined for purposes of section 401(k) of the Internal Revenue Code of 1954) for such year, over “(ii) the maximum amount of such contributions permitted under the limitations of paragraph (1) (determined by reducing contributions made on behalf of highly compensated employees in order of the matching contribution percentages beginning with the highest of such percentages). “(C) For purposes of subparagraph (A), the amount of excess employee contributions shall be determined under the principles of subparagraph (B). “(D) Any distribution of the excess matching contributions or excess employee contributions for any year shall be made to highly compensated employees on the basis of the respective portions of such amounts attributable to each of such employees. “(E) No early distribution tax, if any, under the Internal Revenue Code of 1954 shall be imposed on any amount required to be 26 USC 1 et seq. distributed under subparagraph (A). “(c) Subsection (a) shall not be construed to provide that any amount of the employee’s or Member’s basic pay which is contributed to the Thrift Savings Fund shall not be included in the term ‘wages’ for the purposes of section 209 of the Social Security Act or Ante, p. 288. section 3121(a) of the Internal Revenue Code of 1954. 26 USC 3121 . “SUBCHAPTER IV— SURVIVOR ANNUITIES “§ 8441. Definitions “For the purpose of this subchapter— “(1) the term ‘widow’ means the surviving wife of an employee, Member, or annuitant, or of a former employee or Member, who— “(A) was married to him for at least 9 months immediately before his death; or “(B) is the mother of issue by that marriage; “(2) the term ‘widower’ means the surviving husband of an employee. Member, or annuitant, or of a former employee or Member, who— “(A) was married to her for at least 9 months immediately before her death; or “(B) is the father of issue by that marriage; “(3) the term ‘dependent’, in the case of any child, means that the employee. Member, or annuitant involved was, at the time of death of the employee, Member, or annuitant either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe; and “(4) the term ‘child’ means— “(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, (ii) a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee. Member, or annuitant and who is adopted by the widow or widower of the employee. Member, or annuitant after the death of such employee. Member, or annuitant; “(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or “(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purpose of this paragraph and section 8443, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such child shows to the satisfaction of the Office that such child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim. “§ 8442. Rights of a widow or widower “(a) (1) Except as provided in subsection (g), if an annuitant dies and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the annuitant, unless— “(A) the right to an annuity was waived under section 8416(a) (and no election was subsequently made under section 8416(d) nullifying the waiver); or “(B) in the case of a marriage after retirement, the annuitant did not file an election under section 8416 (b) or (c), as the case may be. “(2) A spouse acquired after retirement is entitled to an annuity under this subsection (as provided in paragraph (1)) only upon electing this annuity instead of any other survivor benefit to which such spouse may be entitled under this subchapter or section 8424 or under another retirement system for Government employees. “(b) (1) If an employee or Member dies after completing at least 18 months of civilian service creditable under section 8411 and is survived by a widow or widower, the widow or widower is entitled to— “(A) an amount equal to the sum of— “(i) 50 percent of the final annual rate of basic pay (or of the average pay, if higher) of the employee or Member; and “(ii) $15,000 as adjusted under section 8462(e); and “(B) if the employee or Member completed at least 10 years of service, an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the employee or Member, but without regard to subsection (f) of such section. “(2) The Office shall prescribe regulations under which the total Regulations. amount payable to a widow or widower under paragraph (1)(A) may, at the election of the widow or widower, be paid— “(A) in a lump sum; or “(B) on a monthly basis— “(i) over a period of 3 years beginning on the day after the employee’s or Member’s death; or “(ii) over any other period established under the regulations. Any method of payment provided for under subparagraph (B) shall be designed such that the present value of the benefits provided under such method is actuarially equivalent to the present value of a lump-sum payment under subparagraph (A). “(3) An amount payable under paragraph (1)(A) shall not be considered to be part of an annuity for purposes of this chapter. “(c) (1) If a former employee or Member dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for an annuity, and is survived by a widow or widower to whom married on the date of separation, the widow or widower may elect to receive— “(A) an annuity under paragraph (2); or “(B) the lump-sum credit, if the widow or widower is the individual who would be entitled to the lump-sum credit and if such widow or widower files application therefor with the Office. “(2) (A) (i) Subject to clause (ii) and subparagraph (B)(ii), the annuity of the widow or widower is equal to 50 percent of an annuity computed under section 8415 for the former employee or Member. “(ii) (I) In computing an amount under section 8415 for a former employee or Member (described in subclause (ID) in order to compute the annuity for a widow or widower under this subsection, the computation under section 8415 shall be made as if the former employee or Member had attained the applicable minimum retirement age under section 8412(h). “(II) This clause applies with respect to a former employee or Member who dies before having attained the applicable minimum retirement age under section 8412(h). “(B) (i) Notwithstanding the first sentence of subsection (d)(1), the annuity of the widow or widower of a former employee or Member under subparagraph (A)(ii) commences— “(I) on the day after the date on which the former employee or Member would have attained age 62; or “(II) if the widow or widower so designates in the election, as of the day after the death of the former employee or Member, “(ii) The present value of the annuity of a widow or widower who chooses the earlier commencement date under clause (i)(II) shall be actuarially equivalent to the present value of an annuity computed for the widow or widower, determined as if the commencement date under clause (i)(I) were applicable. “(3) (A) Paragraphs (1) and (2) shall apply only in the case of an employee or Member who completes at least 10 years of service. “(B) Nothing in this subsection shall be considered to affect the provisions of this chapter relating to a lump-sum credit in the case of the widow or widower of a former employee or Member who dies after completing less than 10 years of service. “(d) (1) The annuity of a widow or widower under this section commences on the day after the death of the individual on whose service such annuity is based. This annuity and the right thereto terminate on the last day of the month before the widow or widower— “(A) dies; or “(B) remarries before becoming 55 years of age. “(2) In the case of a widow or widower whose annuity under this section is terminated because of remarriage before becoming 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if— “(A) the widow or widower elects to receive this annuity instead of any other survivor benefit to which such widow or widower may be entitled (under this subchapter or section 8424 or under another retirement system for Government employees) by reason of the remarriage; and “(B) any lump sum paid on termination of the annuity is returned to the Fund. “(e) The requirement in paragraphs (1)(A) and (2)(A) of section 8441 that the widow or widower of an annuitant, employee, or Member, or of a former employee or Member, have been married to such individual for at least 9 months immediately before the death of the individual in order to qualify as the widow or widower of such individual shall be deemed satisfied in any case in which the individual dies within the applicable 9-month period, if— “(1) the death of the individual was accidental; or “(2) the surviving spouse of the individual had been previously married to such individual and subsequently divorced, and the aggregate time married is at least 9 months. “(f) (1) Subject to paragraph (4), a survivor who is entitled to an annuity under subsection (a) shall also be entitled to a supplementary annuity under this subsection. “(2) A supplementary annuity under this subsection shall be equal to the lesser of— “(A) the amount by which the survivor’s assumed CSRS annuity exceeds the annuity payable to such survivor under subsection (a); or “(B) the amount determined under paragraph (3). “(3) (A) Except as provided in subparagraph (B), the amount under this paragraph for a survivor is the amount of widow’s or widower’s insurance benefits which would be payable to such survivor under title II of the Social Security Act (without regard to sections 42 USC 401. 202(e)(7), 202(0(2), and 203 of such Act) based on the wages and self-employment 42 USC 402, 403. income of the deceased annuitant, and determined— “(i) as of the date on which the annuitant died; and “(ii) as if the survivor had attained age 60 and made application for those benefits under subsection (e) or (f) of section 202 of such Act, as the case may be. “(B) Any computation or determination under this paragraph shall be made in accordance with the applicable provisions of the Social Security Act, except that in computing any primary insurance 42 USC 1305. amount under section 215 of such Act for purposes of determin- 42 USC 415. ing an amount under this subsection, subparagraphs (A) and (C) of section 842103)(2) shall apply. “(4) A supplementary annuity under this subsection— “(A) shall be payable to a survivor only for calendar months ending before the calendar month in which such survivor first satisfies the minimum age requirement under section 202(e)(l)(B)(i) or 202(f)(l)(B)(i) of the Social Security Act, as the 42 USC 402. case may be; “(B) shall not be payable to a survivor who would not be entitled to benefits under subsection (e) or (f) of section 202 of the Social Security Act based on the wages and self-employment income of the deceased annuitant (determined, as of the date of the annuitant’s death, as if the survivor had attained age 60 and made appropriate application for benefits, but without regard to any restriction under either such subsection relating to remarriage); and “(C) shall not be payable to a survivor for any calendar month in which such survivor is entitled (or would, on proper application, be entitled) to benefits under section 202(g) of the Social Security Act (relating to mother’s and father’s insurance benefits), or under section 202 (e) or (f) of such Act by reason of having become disabled, based on the wages and self-employment income of the deceased annuitant. “(5) For the purpose of this subsection, the term ‘assumed CSRS annuity’, as used in the case of a survivor, means the amount of the annuity to which such survivor would be entitled under subchapter III of chapter 83 of this title based on the service of the deceased Post, pp. 589, 591–593. annuitant, determined— “(A) as of the day after the date of the annuitant’s death; “(B) as if the survivor had made appropriate application therefor; and “(C) as if the service of the deceased annuitant were creditable under such subchapter. “(6) An amount payable under this subsection shall be adjusted under section 8462 and shall otherwise be treated under this chapter in the same way as an amount payable under subsection (a). “(g) (1) If the widow or widower of an annuitant under section 8452 (hereinafter in this subsection referred to as a ‘disability annuitant’) is determined under subsection (a) to be entitled to an annuity based on the service of such disability annuitant, the annuity of the widow or widower shall be equal to 50 percent of the amount determined under paragraph (2), rather than of the amount referred to in subsection (a). “(2) (A) Except as provided in subparagraph (B), the amount on which the annuity of the widow or widower of a disability annuitant is based shall be the amount of the annuity to which such disability annuitant was entitled, as computed under section 8452 (including appropriate reduction under subsection (a)(2) of such section and any adjustments under section 8462 allowed under section 8452), as of the day before the date of the disability annuitant’s death. “(B) (i) In the case of a widow or widower entitled to an annuity based on the service of a disability annuitant who dies before age 62, the amount under clause (ii) shall apply instead of the amount which would otherwise apply under subparagraph (A). “(ii) (I) Subject to subclause (II), the amount of the annuity to which the disability annuitant was entitled as of the day before the date of death shall be considered to be the amount which would be computed with respect to such disability annuitant under section 8452(b) if the disability annuitant had attained age 62 on the day before date of death. “(II) For purposes of any such computation under section 8452(b)(2) pursuant to this clause, creditable service shall (in addition to the service which would otherwise be used under subparagraph (B)(i) of such section) include the period of time between date of death and the date of the sixty-second anniversary of the birth of the annuitant, and average pay shall be adjusted in accordance with subparagraph (B)(ii) of such section only through date of death. “(h) The following rules shall apply notwithstanding any other provision of this section: “(1) The annuity payable under this section to a widow or widower may not exceed the difference between— “(A) the amount of the annuity which would otherwise be payable to such widow or widower under this section; and “(B) the amount of the annuity payable to any former spouse of the deceased employee. Member, or annuitant, or former employee or Member, based on an election made under section 8417(b) or a court order previously issued or agreement previously entered into as described in section 8445(a). “(2) The amount payable under subsection (b)(1)(A) to a widow or widower may not exceed the difference between— “(A) the amount which would otherwise be payable to such widow or widower under such subsection; and “(B) the portion of such amount payable to any former spouse of the deceased employee, Member, or annuitant, or former employee or Member, based on a court order previously issued or agreement previously entered into. “(3) A lump-sum credit under subsection (c)(2) shall be subject to the same terms and conditions as apply with respect to a lump-sum credit under section 8424(b). “§ 8443. Rights of a child “(a) (1) If an employee or Member dies after completing at least 18 months of civilian service which is creditable under section 8411, or an annuitant dies, each surviving child is, for any month, entitled to an annuity equal to— “(A) the amount by which the applicable amount under paragraph (2) for such month exceeds the applicable amount under paragraph (3) for such month, divided by “(B) the number of children entitled to a payment under this section for such month. “(2) The applicable amount under this paragraph for any month is the total amount to which the surviving child or children (as the case may be) of the annuitant, employee, or Member would be entitled for such month under subchapter III of chapter 83 based on Post, pp. 589, 591–593. the service of such annuitant, employee, or Member, if the service of such annuitant, employee, or Member were creditable under such subchapter. “(3) The applicable amount under this paragraph for any month is the total amount of child’s insurance benefits which are payable (or would, on proper application, be payable) under title II of the Social Security Act for such month based on the wages and self-employment 42 USC 401. income of such annuitant, employee, or Member. “(b) The annuity of a child under this subchapter— “(1) commences on the day after the annuitant, employee, or Member dies; “(2) commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by section 8441(4), if any lump sum paid is returned to the Fund; or “(3) commences or resumes on the first day of the month in which the child later becomes or again becomes incapable of self-support because of a mental or physical disability incurred before age 18 (or a later recurrence of such disability), if any lump sum paid is returned to the Fund. This annuity and the right thereto terminate on the last day of the month before the child— “(A) becomes 18 years of age unless then a student as described or incapable of self-support; “(B) becomes capable of self-support after becoming 18 years of age unless then such a student; “(C) becomes 22 years of age if then such a student and capable of self-support; “(D) ceases to be such a student after becoming 18 years of age unless then incapable of self-support; or “(E) dies or marries; whichever occurs first. On the death of the surviving wife or husband, or former wife or husband, or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the wife or husband, former wife or husband, or child had not survived the annuitant, employee, or Member. “§ 8444. Rights of a named individual with an insurable interest “The annuity of a survivor named under section 8420(a) is 55 percent of the reduced annuity of the retired employee or Member determined under paragraph (2) of such section 8420(a). The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies. “§ 8445. Rights of a former spouse “(a) Subject to subsections (b) through (e), a former spouse of a deceased employee, Member, or annuitant (or of a former employee or Member who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree. “(b) (1) The annuity payable to a former spouse under this section may not exceed the difference between— “(A) the amount applicable in the case of such former spouse, as determined under paragraph (2); and “(B) the amount of any annuity payable under this section to any other former spouse of the employee, Member, or annuitant, or former employee or Member, based on an election previously made under section 8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a). “(2) The applicable amount, for purposes of paragraph (1)(A) in the case of a former spouse, is the amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but without regard to subsection (h) of such section) if such former spouse were a widow or widower entitled to an annuity under such provisions based on the service of the deceased employee, Member, or annuitant, or former employee or Member. “(c) The commencement and termination of an annuity payable Contracts. under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity— “(1) shall not commence before— “(A) the day after the employee. Member, or annuitant, or former employee or Member, dies; or “(B) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe; whichever is later; and “(2) shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies. “(d) For purposes of this chapter, a modification in a decree, order, agreement, or election referred to in subsection (a) shall not be effective— “(1) if such modification is made after the retirement or death of the employee. Member, or annuitant, or former employee or Member, concerned; and “(2) to the extent that such modification involves an annuity under this section. “(e) For purposes of this chapter, a decree, order, agreement, or election referred to in subsection (a) shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint waiver previously executed with respect to such former spouse under section 8416(a). “(f) (1) Any amount under section 8442(b)(1)(A) which would otherwise be payable to a widow or widower based on the service of another individual shall be paid (in whole or in part) by the Office to a former spouse of such individual if and to the extent expressly provided for in the terms of a court decree of divorce, annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation. “(2) Paragraph (1) shall apply only to payments made by the Office after the date of receipt in the Office of written notice of such decree, order, or agreement, and such additional information and documentation as the Office may prescribe. “(g) Any payment under this section to a person bars recovery by any other person. “SUBCHAPTER V— DISABILITY BENEFITS “§ 8451. Disability retirement “(a) (1) (A) An employee who completes at least 18 months of civilian service creditable under section 8411 and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency. “(B) For purposes of this subsection, an employee shall be considered disabled only if the employee is found by the Office to be unable, because of disease or injury, to render useful and efficient service in the employee’s position. “(2) (A) Notwithstanding paragraph (1), an employee shall not be eligible for disability retirement under this section if the employee has declined a reasonable offer of reassignment to a vacant position in the employee’s agency for which the employee is qualified if the position— “(i) is at the same grade (or pay level) as the employee’s most recent grade (or pay level) or higher; “(ii) is within the employee’s commuting area; and “(iii) is one in which the employee would be able to render useful and efficient service. “(B) An employee who is applying for disability retirement under Regulations. this subchapter shall be considered for reassignment by the employee’s agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe. “(C) An employee is entitled to appeal to the Merit Systems Protection Board under section 7701 any determination that the employee is not unable, because of disease or injury, to render useful and efficient service in a position to which the employee has declined reassignment under this section. “(D) For purposes of subparagraph (A), an employee of the United States Postal Service shall not be considered qualified for a position if such position is in a different craft or if reassignment to such position would be inconsistent with the terms of a collective-bargaining agreement covering the employee. “(b) A Member who completes at least 18 months of service as a Member and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application. “(c) An employee or Member retiring under this section is entitled to an annuity computed under section 8452. “§ 8452. Computation of disability annuity “(a) (1) (A) Except as provided in paragraph (2), or subsection (b), (c), or (d), the annuity of an annuitant under this subchapter— “(i) for the period beginning on the date on which such annuity commences, or is restored (as described in section 8455(b) (2) or (3)), and ending at the end of the twelfth month beginning on or after such date, shall be equal to 60 percent of the annuitant’s average pay; and “(ii) after the end of the period referred to in clause (i), shall be equal to 40 percent of the annuitant’s average pay. “(B) An annuity computed under this paragraph shall not, for purposes of any adjustment under section 8462 (including any adjustment under subsection (c)(1) of such section), be considered to have commenced until after such annuity ceases to be determined under subparagraph (A)(i). “(2) (A) For any month in which an annuitant is entitled both to an annuity under this subchapter as computed under paragraph (1) and to a disability insurance benefit under section 223 of the Social Security Act, the annuitant’s annuity for such month (as so computed) 42 USC 423. shall— “(i) if such month occurs during a period referred to in paragraph (1)(A)(i), be reduced by 100 percent of the annuitant’s assumed disability insurance benefit for such month; or “(ii) if such month occurs other than during a period referred to in paragraph (1)(A)(i), be reduced by 60 percent of the annuitant’s assumed disability insurance benefit for such month; except that an annuity may not be reduced below zero by reason of this paragraph, “(B) (i) For purposes of this paragraph, the assumed disability insurance benefit of an annuitant for any month shall be equal to— “(I) the amount of the disability insurance benefit to which the annuitant would have been entitled under section 223 of the Social Security Act for the month in which the annuity under this subchapter commenced, or was restored, determined as if such annuitant had then satisfied all requirements for entitlement to a benefit under such section, adjusted by “(II) all adjustments made under section 8462(b) between the date on which the annuity commenced, or was restored, and the start of the month involved (without regard to whether the annuitant’s annuity was affected by any of those adjustments). For purposes of computing the assumed disability insurance benefit, the month in which the annuitant’s disability began (as determined under section 216(i)(2)(C) of the Social Security Act) shall be the 42 USC 416. month in which the annuity commenced or, if earlier (and if a determination was actually made) the month determined under such section. “(ii) For purposes of applying section 224 of the Social Security Act to the assumed disability insurance benefit used to compute the 42 USC 424a. reduction under this paragraph, the amount of the annuity under this subchapter which is considered shall be the amount of the annuity as determined before the application of this paragraph. “(b) (1) Except as provided in subsection (d), if an annuitant is entitled to an annuity under this subchapter as of the day before the date of the sixty-second anniversary of the annuitant’s birth (herein-after in this section referred to as the annuitant’s ‘redetermination date’), such annuity shall be redetermined under paragraph (3) or (4), as applicable. Effective as of the annuitant’s redetermination date, the annuity (as so redetermined) shall be in lieu of any annuity to which such annuitant would otherwise be entitled under this subchapter. “(2) (A) In order to carry out paragraphs (3) and (4), the Office shall compute an annuity for the annuitant under section 8415. “(B) In performing a computation under this paragraph— “(i) creditable service of the annuitant shall be increased by including the period (or periods), if any, before the annuitant’s redetermination date during which the annuitant was entitled to an annuity under this subchapter; and “(ii) the average pay which would otherwise be used shall be adjusted to reflect all adjustments made under section 8462(b) with respect to any period (or periods) referred to in clause (i) (without regard to whether the annuitant’s annuity was affected by any of those adjustments). “(3) If, as of the day before the annuitant’s redetermination date, the annuitant’s annuity is subject to reduction under subsection (a)(2), the annuitant’s redetermined annuity shall be the lesser of— “(A) the amount determined with respect to such annuitant under paragraph (2); or “(B) subject to the following sentence, the amount (converted so as to be expressed as an annual amount) which would otherwise be payable under this subchapter for the month in which occurs the day before the annuitant’s redetermination date, as computed under subsection (a) (based on the assumption that the annuitant was entitled to an annuity under this subchapter, and to a disability insurance benefit under section 223 of the Social Security Act, for the entirety of such month). 42 USC 423. If the annuitant’s redetermination date occurs during the period described in subsection (a)(1)(A), the amount used under subparagraph (B) may not exceed the amount (converted so as to be expressed as an annual amount) which would otherwise be payable under this subchapter for the first month after such period, as computed under subsection (a) based on the assumption that the annuitant was entitled to an annuity under this subchapter, and to a disability insurance benefit under section 223 of the Social Security Act, for the entirety of such month. “(4) If, as of the day before the annuitant’s redetermination date, the annuitant’s annuity is not subject to reduction under subsection (a)(2), the annuitant’s redetermined annuity shall be the lesser of— “(A) the amount determined with respect to such annuitant under paragraph (2); or “(B) the amount which would be used for such annuitant under subparagraph (B) of paragraph (3) (as determined subject to the second sentence of such paragraph), if such paragraph applied to such annuitant. “(c) Except as provided in subsection (d), the annuity of an annuitant under this subchapter shall be computed under section 8415 if— “(1) such annuity commences, or is restored, beginning on or after the redetermination date of the annuitant; or “(2) as of the day on which such annuity commences, or is restored, the annuitant satisfies the age and service requirements for entitlement to an annuity under section 8412 (other than subsection (g) of such section). “(d) The annuity to which an annuitant is entitled under this section shall not be less than the amount of an annuity computed under section 8415 (excluding subsection (f) of such section). “§ 8453. Application “A claim may be allowed under this subchapter only if application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier. “§ 8454. Medical examination “An annuitant receiving a disability retirement annuity from the Fund shall be examined under the direction of the Office— “(1) at the end of 1 year from the date of the disability retirement; and “(2) annually thereafter until becoming 60 years of age; unless the disability is permanent in character. If the annuitant fails to submit to examination as required by this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established. “§ 8455. Recovery; restoration of earning capacity “(a) (1) If an annuitant receiving a disability retirement annuity from the Fund recovers from the disability before becoming 60 years of age, payment of the annuity terminates on reemployment by the Government or 1 year after the date on which the Office determines that the annuitant has recovered, whichever is earlier. “(2) If an annuitant receiving a disability annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates 180 days after the end of the calendar year in which earning capacity is so restored. Earning capacity is deemed restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement. “(b) (1) If an annuitant whose annuity is terminated under subsection (a) is not reemployed in a position in which that individual is subject to this chapter, such individual is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of subchapter II of this chapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable provisions of such subchapter. “(2) If an annuitant whose annuity is terminated under subsection (a)(2)— “(A) is not reemployed in a position subject to this chapter; and “(B) has not recovered from the disability for which that individual was retired; the annuity of such individual shall be restored at the applicable rate under section 8452 effective the first of the year following any calendar year in which such individual’s income from wages or self-employment or both is less than 80 percent of the current rate of pay of the position occupied immediately before retirement. “(3) If an annuitant whose annuity is terminated because of a medical finding that the individual has recovered from disability is not reemployed in a position in which such individual is subject to this chapter, the annuity of such individual shall be restored at the applicable rate under section 8452 effective from the date on which the Office determines that there has been a recurrence of the disability. “(4) Paragraphs (2) and (3) shall not apply in the case of an annuitant receiving an annuity from the Fund under subchapter II of this chapter. “§ 8456. Relationship to workers’ compensation “(a) (1) An individual is not entitled to receive an annuity under this subchapter and compensation for injury to or disability of the individual under subchapter I of chapter 81 covering the same 5 USC 8101. period of time. “(2) Paragraph (1) does not bar the right of a claimant to the greater benefit conferred by either subchapter referred to in such paragraph for any part of the period referred to in such paragraph. “(3) Paragraph (1) and the provisions of subchapter I of chapter 81 do not deny an individual an annuity which the individual is entitled to receive under this chapter on account of service performed by the individual and do not deny any concurrent benefit to the individual under subchapter I of chapter 81 on account of the death of another individual. “(b) (1) Subject to paragraph (2), an individual’s receipt of a lump-sum payment for compensation under section 8135 shall not affect the individual’s entitlement to an annuity under this subchapter. “(2) If an annuity is payable under this subchapter by reason of the same disability for which a lump-sum payment of compensation referred to in paragraph (1) has been made, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees’ Compensation Fund. Before the individual may receive the disability annuity, the individual shall— “(A) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or “(B) authorize the deduction of the amount from the annuity. Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under this subchapter warrant deferred refunding under this paragraph, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate. “§ 8457. Military reserve technicians “(a) (1) Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual— “(A) is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in section 261(a) of title 10 or from holding the military grade required for such employment; “(B) is not considered to be disabled under section 8451(a)(1)(B); “(C) is not appointed to a position in the Government (whether under subsection (c) or otherwise); and “(D) has not declined an offer of an appointment to a position in the Government under subsection (c). “(2) Payment of any annuity for an individual pursuant to this section terminates— “(A) on the date the individual is appointed to a position in the Government (whether pursuant to subsection (c) or otherwise); “(B) on the date the individual declines an offer of appointment to a position in the Government under subsection (c); or “(C) as provided under section 8455(a). “(3) An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section. “(b) Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if— “(1) the position is located within the commuting area of the individual’s former position; “(2) the individual is qualified to serve in such position, as determined by the head of the agency; and “(3) the position is at the same grade or equivalent level as the position from which the individual was separated. “SUBCHAPTER VI— GENERAL AND ADMINISTRATIVE PROVISIONS “§ 8461. Authority of the Office of Personnel Management “(a) The Office shall pay all benefits that are payable under subchapter II, IV, V, or VI of this chapter from the Fund. “(b) The Office shall administer all provisions of this chapter not specifically required to be administered by the Board, the Executive Director, the Secretary of Labor, or any other officer or agency. “(c) The Office shall adjudicate all claims under the provisions of this chapter administered by the Office. “(d) The Office shall determine questions of disability and dependency arising under the provisions of this chapter administered by the Office. Except to the extent provided under subsection (e), the decisions of the Office concerning these matters are final and conclusive and are not subject to review. The Office may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under the provisions of this chapter administered by the Office. The Office may suspend or deny annuity for failure to submit to examination. “(e) (1) Subject to paragraph (2), an administrative action or order affecting the rights or interests of an individual or of the United States under the provisions of this chapter administered by the Office may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board. “(2) In the case of any individual found by the Office to be disabled in whole or in part on the basis of the individual’s mental condition, and that finding was made pursuant to an application by an agency for purposes of disability retirement under section 8451, the procedures under section 7701 shall apply and the decision of the Board shall be subject to judicial review under section 7703. “(f) The Office shall fix the fees for examinations made under subchapter V of this chapter by physicians or surgeons who are not medical officers of the United States. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering the provisions of this chapter administered by the Office. “(g) The Office may prescribe regulations to carry out the provisions of this chapter administered by the Office. “(h) (1) Each Government agency shall furnish the Director with such information as the Director determines necessary in order to administer this chapter. “(2) The Director, in consultation with the officials from whom Regulations. such information is requested, shall establish (by regulation or otherwise) such safeguards as are necessary to ensure that information made available under this subsection is used only for the purpose authorized. “(i) In making a determination of ‘actuarial equivalence’ under this chapter, the economic assumptions used shall be the same as the economic assumptions most recently used by the Office before the determination of actuarial equivalence involved) in determining the normal-cost percentage of the System. “(j) (1) Notwithstanding any other provision of this chapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this chapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence— “(A) determine entitlement to benefits under this chapter 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 chapter based on the service of such employees; “(D) collect deposits to the Fund made by such employees, their spouses, their former spouses, and their survivors; “(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 chapter (other than under subchapters III and VII of this chapter) with respect to employees of the Central Intelligence Agency 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). “(k) (1) The Director of Central Intelligence, in consultation with the Executive Director of the Federal Retirement Thrift Investment Board, may— “(A) maintain exclusive records relating to elections, contributions, and accounts under the Thrift Savings Plan provided in subchapter III of this chapter in the case of employees of the Central Intelligence Agency; “(B) provide that contributions by, or on behalf of, such employees to the Thrift Savings Plan be accounted for by such Executive Director in aggregate amounts; “(C) make the necessary disbursements from, and the necessary allocations of earnings, losses, and charges to, individual accounts of such employees under the Thrift Savings Plan; and “(D) perform such other functions under subchapters III and VII of this chapter (but not including investing sums in the Thrift Savings Fund) with respect to employees of the Central Intelligence Agency as the Director of Central Intelligence, in consultation with the Executive Director of the Federal Retirement Thrift Investment Board, determines to be appropriate. “(2) The Executive Director of the Federal Retirement Thrift Investment Board may not exercise authority under this chapter in the case of employees of the Central Intelligence Agency to the extent that the Director of Central Intelligence exercises authority provided in paragraph (1). “(3) The Executive Director of the Federal Retirement Thrift Investment Board shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence determines necessary to carry out this subsection. “(l) Subsection (h)(1), and sections 8439(b) and 8474(c)(4), shall be applied with respect to information relating to employees of the Central Intelligence Agency in a manner that protects intelligence sources, methods, and activities. “(m) (1) The Director of Central Intelligence, in consultation with Regulations. the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board, shall by regulation prescribe appropriate procedures to carry out subsections (j), (k), and (1). “(2) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Fund, and from the Thrift Savings Fund, under this chapter. “(3) The Director of Central Intelligence shall submit the regulations prescribed under paragraph (1) 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. “§ 8462. Cost-of-living adjustments “(a) For the purpose of this section— “(1) the term ‘base quarter’, as used with respect to a year, means the calendar quarter ending on September 30 of such year; “(2) the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter; and “(3) the term ‘percent change in the price index’, as used with respect to a year, means the percentage derived by— “(A) reducing— “(i) the price index for the base quarter of such year, by “(ii) the price index for the base quarter of the preceding year in which an adjustment under this subsection was made; “(B) dividing the difference under subparagraph (A) by the price index referred to in subparagraph (A)(ii); and “(C) multiplying the quotient under subparagraph (B) by 100. “(b) (1) Except as provided in subsection (c), effective December 1 of any year in which an adjustment under this subsection is to be made, as determined under paragraph (2), each annuity payable from the Fund under this chapter (other than an annuity under section 8443) having a commencing date not later than such December 1 shall be adjusted as follows: “(A) If the percent change in the price index for the year does not exceed 3 percent, each annuity subject to adjustment under this subsection shall be increased by the lesser of— “(i) the percent change in the price index (rounded to the nearest one-tenth of 1 percent); or “(ii) 2 percent. “(B) If the percent change in the price index for the year exceeds 3 percent, each annuity subject to adjustment under this subsection shall be increased by the excess of— “(i) the percent change in the price index (rounded to the nearest one-tenth of 1 percent), over “(ii) 1 percent. “(2) An adjustment under this subsection shall be made in a year only if the price index for the base quarter of such year exceeds the price index for the base quarter of the preceding year in which an adjustment under this subsection was made. “(3) An annuity under this chapter shall not be subject to adjustment under section 8340. “(c) Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows: “(1) The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to an annuitant or survivor (other than a child under section 8443) whose annuity has not been increased under this subsection or subsection (b) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of— “(A) one-twelfth of the applicable percent change computed under subsection (b), multiplied by “(B) the number of months (not to exceed 12 months, counting any portion of a month as a month)— “(i) for which the annuity was payable from the Fund before the effective date of the increase; or “(ii) in the case of a survivor of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant. “(2) Effective from its commencing date, an annuity payable from the Fund to an annuitant’s survivor (other than a widow or widower whose annuity is computed under section 8442(g) or a child under section 8443) shall be increased by the total percentage by which the deceased annuitant’s annuity had been increased under this section during the period beginning on the date the deceased annuitant’s annuity commenced and ending on the date of the deceased annuitant’s death. “(3) (A) An adjustment under subsection (b) for any year shall not be effective with respect to the annuity of an annuitant who is under 62 years of age as of the date on which such adjustment would otherwise first take effect. “(B) (i) Except as provided in clause (ii), this paragraph applies only with respect to an annuitant under section 8412, 8413, or 8414. “(ii) This paragraph does not apply with respect to an annuitant under subsection (d) or (e) of section 8412 or (in the case of an annuitant separated from service as a military reserve technician as a result of disability) under section 8414(c). “(4) The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to a widow or widower whose annuity is computed under section 8442(g) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of— “(A) one-twelfth of the applicable percent change computed under subsection (b), multiplied by “(B) the number of months (not to exceed 12 months, counting any portion of a month as a month) since— “(i) the effective date of the adjustment last made under this section in the annuity of the annuitant on whose service on the widow’s or widower’s annuity is based; or “(ii) if the annuity of the annuitant (referred to in clause (i)) has not been increased under this section, the commencement date of such annuitant’s annuity (determined subject to section 8452(a)(1)(B)). “(d) The monthly installment of an annuity after adjustment under this section shall be rounded to the next lowest dollar. However, the monthly installment shall, after adjustment, reflect an increase of at least $1. “(e) The $15,000 amount referred to in section 8442(b)(l)(A)(ii) shall be increased at the same time that, and by the same percent as the percentage by which, annuities under subchapter III of chapter 83 are increased. Post, pp. 589, 591–593. “§ 8463. Rate of benefits “Each annuity payable from the Fund is stated as an annual amount, one-twelfth of which, rounded to the next lower dollar, constitutes the monthly rate payable on the first business day of the first month beginning after the month for which it has accrued. “§ 8464. Commencement and termination of annuities of employees and Members “(a) (1) Except as otherwise provided in this chapter— “(A) an annuity payable from the Fund commences on the first day of the month after— “(i) separation from the service, in the case of an employee or Member retiring under section 8412, or subsection (a) or (b)(1)(B) of section 8414; or “(ii) pay ceases, and the applicable age and service requirements are met, in the case of an employee or Member retiring under section 8413; “(B) an annuity payable from the Fund commences on the day after separation from the service in the case of an employee retiring under subsection (b)(1)(A) or (c) of section 8414; and “(C) an annuity payable from the Fund commences on the day after separation from the service or the day after pay ceases and the requirements for title to an annuity are met in the case of an employee or Member retiring under section 8451. “(2) Notwithstanding paragraph (1)(A)(i), an annuity payable from the Fund commences on the day after separation from the service in the case of an employee or Member— “(A) who retires under section 8412; and “(B) whose separation occurs upon the expiration of a term (or other period) for which the individual was appointed or elected. “(b) Except as otherwise provided in this chapter, the annuity of an annuitant under subchapter II or V of this chapter terminates on the date death or other terminating event occurs. “§ 8465. Waiver, allotment, and assignment of benefits “(a) An individual entitled to an annuity payable from the Fund may decline to accept all or any part of the amount of the annuity by a waiver signed and filed with the Office. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect. “(b) An individual entitled to an annuity payable from the Fund may make allotments or assignments of amounts from the annuity for such purposes as the Office considers appropriate. “§ 8466. Application for benefits “(a) No payment of benefits based on the service of an employee or Member shall be made from the Fund unless an application for payment of the benefits is received by the Office before the one hundred and fifteenth anniversary of the birth of the employee or Member. “(b) Notwithstanding subsection (a), after the death of an employee. Member, or annuitant, or former employee or Member, a benefit based on the service of such employee. Member, or annuitant, or former employee or Member, shall not be paid under subchapter II or IV of this chapter unless an application therefor is received by the Office within 30 years after the death or other event which establishes the entitlement to the benefit. “(c) Payment due a minor, or an individual mentally incompetent Children and youth. Disabled persons. or under other legal disability, may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person who, in the judgment of the Office, is responsible for the care of the claimant, and the payment bars recovery by any other person. “§ 8467. Court orders “(a) Payments under this chapter which would otherwise be made to an employee. Member, or annuitant (including an employee, Member, or annuitant as defined under section 8331) based on the service of that individual shall be paid (in whole or in part) by the Office or the Executive Director (as the case may be), to another person if and to the extent that the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation expressly provide. Any payment under this subsection to a person bars recovery by any other person. “(b) Subsection (a) shall apply only to payments made by the Office or the Executive Director under this chapter after the date on which the Office or the Executive Director (as the case may be) receives written notice of such decree, order, or agreement, and such additional information and documentation as the Office or the Executive Director may require. “§ 8468. Annuities and pay on reemployment “(a) If an annuitant becomes employed in an appointive or elective position in the Government, payment of any annuity under subchapter II or V of this chapter to the annuitant terminates effective on the date of the employment. The annuitant’s service on and after the date the annuitant becomes so employed is covered by this chapter unless such service is performed as a justice or judge of the United States (as defined by section 451 of title 28) or as an employee subject to another retirement system for Government employees. Upon termination of the employment, the rights of the annuitant under subchapter II or V of this chapter (as the case may be) shall be redetermined. If the annuitant dies while still so employed, a survivor annuity payable with respect to the deceased annuitant shall be redetermined as if the employment had otherwise terminated on the date of death. “(b) The amount of an annuity resulting from a redetermination of rights under this chapter pursuant to subsection (a) shall not be less than the amount of the terminated annuity plus any increases which (but for the reemployment) would have been payable under section 8462 after the termination of the annuity and before the commencement of the redetermined annuity. “(c) The redetermined annuity commences on the first day of the month after termination of employment. “§ 8469. Withholding of State income taxes “(a) The Office shall, in accordance with this section, enter into an Contracts. agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter. “(b) An annuitant may have in effect at any time only one request for withholding under this section, and an annuitant may not have more than two such requests in effect during any one calendar year. “(c) Subject to subsection (b), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State des-ignated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office. “(d) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this section. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office. “(e) For the purpose of this section— “(1) the term ‘State’ means a State, the District of Columbia, or any territory or possession of the United States; and “(2) the term ‘annuitant’ includes a survivor who is receiving an annuity from the Fund. “§ 8470. Exemption from legal process; recovery of payments “(a) An amount payable under subchapter II, IV, or V of this chapter is not assignable, either in law or equity, except under the provisions of section 8465 or 8467, or subject to execution, levy, attachment, garnishment or other legal process, except as otherwise may be provided by Federal laws. “(b) Recovery of payments under subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the Office, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee. “SUBCHAPTER VII— FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM “§ 8471. Definitions “For the purposes of this subchapter— “(1) the term ‘beneficiary’ means an individual (other than a participant) entitled to payment from the Thrift Savings Fund under subchapter III of this chapter; “(2) the term ‘Council’ means the Employee Thrift Advisory Council established under section 8473 of this title; “(3) the term ‘participant’ means an individual for whom an account has been established under section 8439 of this title; “(4) the term ‘person’ means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or labor organization; and “(5) the term ‘Thrift Savings Fund’ means the Thrift Savings Fund established under section 8437 of this title. “§ 8472. Federal Retirement Thrift Investment Board “(a) There is established in the Executive branch of the Government a Federal Retirement Thrift Investment Board. “(b) The Board shall be composed of— “(1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; and “(2) 2 members appointed by the President, of whom— “(A) 1 shall be appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives; and “(B) 1 shall be appointed by the President after taking into consideration the recommendation made by the majority leader of the Senate in consultation with the minority leader of the Senate. “(c) Except as provided in section 311 of the Federal Employees’ Retirement System Act of 1986, appointments under subsection (a) shall be made by and with the advice and consent of the Senate. “(d) Members of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. “(e) (1) Except as provided in section 311 of the Federal Employees’ Retirement System Act of 1986, a member of the Board shall be appointed for a term of 4 years, except that of the members first appointed (other than the members appointed under such section)— “(A) the Chairman shall be appointed for a term of 4 years; “(B) the members appointed under subsection (b)(2) shall be appointed for terms of 3 years; and “(C) the remaining members shall be appointed for terms of 2 years. “(2) (A) A vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment, “(B) An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. “(3) The term of any member shall not expire before the date on which the member’s successor takes office. “(f) The Board shall— “(1) establish policies for— “(A) the investment and management of the Thrift Savings Fund; and “(B) the administration of subchapter III of this chapter; “(2) review the performance of investments made for the Thrift Savings Fund; and “(3) review and approve the budget of the Board. “(g) (1) The Board may— “(A) adopt, alter, and use a seal; “(B) except as provided in paragraph (2), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this subchapter and subchapter III of this chapter and the policies of the Board; “(C) upon the concurring votes of four members, remove the Executive Director from office for good cause shown; and “(D) take such other actions as may be necessary to carry out the functions of the Board. “(2) Except in the case of investments required by section 8438 of this title to be invested in securities of the Government, the Board may not direct the Executive Director to invest or to cause to be invested any sums in the Thrift Savings Fund in a specific asset or to dispose of or cause to be disposed of any specific asset of such Fund. “(h) The members of the Board shall discharge their responsibilities solely in the interest of participants and beneficiaries under this subchapter and subchapter III of this chapter. “§ 8473. Employee Thrift Advisory Council “(a) The Board shall establish an Employee Thrift Advisory Council. The Council shall be composed of 14 members appointed by the Chairman of the Board in accordance with subsection (b). “(b) The Chairman shall appoint 14 members of the Council, of whom— “(1) 4 shall be appointed to represent the respective labor organizations representing (as exclusive representatives) the first, second, third, and fourth largest numbers of individuals subject to chapter 71 of this title; “(2) 2 shall be appointed to represent the respective labor 5 USC 7101 et seq. organizations which have been accorded exclusive recognition under section 1203(a) of title 39 representing the largest and second largest numbers of individuals employed by the United States Postal Service; “(3) 1 shall be appointed to represent the labor organization which has been accorded exclusive recognition under section 1203(a) of title 39 representing the largest number of individuals employed by the United States Postal Service as rural letter carriers; “(4) 2 shall be appointed to represent the respective managerial organizations (other than an organization described in paragraph (5)) which consult with the United States Postal Service under section 1004(b) of title 39 and which represent the largest and second largest numbers of individuals employed by the United States Postal Service as managerial personnel; “(5) 1 shall be appointed to represent the supervisors’ organization as defined in section 1004(h) of title 39; “(6) 1 shall be appointed to represent employee organizations having as a purpose promoting the interests of women in Government service; “(7) 1 shall be appointed to represent the organization representing the largest number of individuals receiving annuities under this chapter or chapter 83 of this title; 5 USC 8301 et seq. “(8) 1 shall be appointed to represent the organization representing the largest number of individuals subject to the Performance Management and Recognition System under chapter 54 of this title; and 5 USC 5401 et seq. “(9) 1 shall be appointed to represent the organization representing the largest number of members of the Senior Executive Service. “(c) (1) The Chairman of the Board shall designate 1 member of the Council to serve as head of the Council. “(2) A member of the Council shall be appointed for a term of 4 years. “(3) (A) A vacancy in the Council shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment “(B) An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. “(C) The term of any member shall not expire before the date on which the member’s successor takes office. “(d) The Council shall act by resolution of a majority of the members. “(e) The Council shall— “(1) advise the Board and the Executive Director on matters relating to— “(A) investment policies for the Thrift Savings Fund; and “(B) the administration of this subchapter and subchapter III of this chapter; and “(2) perform such other duties as the Board may direct with respect to investment funds established in accordance with subchapter III of this chapter. “(f) Section 14(a)(2) of the Federal Advisory Committee Act shall 5 USC app. not apply to the Council. “§ 8474. Executive Director “(a) (1) The Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board. “(2) The Executive Director shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. “(b) The Executive Director shall— “(1) carry out the policies established by the Board; “(2) invest and manage the Thrift Savings Fund in accordance with the investment policies and other policies established by the Board; “(3) purchase annuity contracts and provide for the payment Contracts. of other benefits under subchapter III of this chapter; “(4) administer the provisions of this subchapter and subchapter III of this chapter; “(5) prescribe such regulations (other than regulations relating Regulations. to fiduciary responsibilities) as may be necessary for the administration of this subchapter and subchapter III of this chapter; and “(6) meet from time to time with the Council upon request of the Council. “(c) The Executive Director may— “(1) prescribe such regulations as may be necessary to carry out the responsibilities of the Executive Director under this section, other than regulations relating to fiduciary responsibilities; “(2) appoint such personnel as may be necessary to carry out the provisions of this subchapter and subchapter III of this chapter; “(3) subject to approval by the Board, procure the services of experts and consultants under section 3109 of this title; 5 USC 3109. “(4) secure directly from an Executive agency, the United States Postal Service, or the Postal Rate Commission any information necessary to carry out the provisions of this subchapter or subchapter III of this chapter and policies of the Board; “(5) make such payments out of sums in the Thrift Savings Fund as the Executive Director determines are necessary to carry out the provisions of this subchapter and subchapter III of this chapter and the policies of the Board; “(6) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (2), (3), and (7) of this subsection from the Thrift Savings Fund; “(7) accept and use the services of individuals employed intermittently in the Government service and reimburse such individuals for travel expenses, as authorized by section 5703 of this title, including per diem as authorized by section 5702 of 5 USC 5703. 5 USC 5702. this title; “(8) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director’s functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and “(9) take such other actions as are appropriate to carry out the functions of the Executive Director. “§ 8475. Investment policies “The Board shall develop investment policies under section 8472(f)(1) of this title which provide for— “(1) prudent investments suitable for accumulating funds for payment of retirement income; and “(2) low administrative costs. “§ 8476. Administrative provisions “(a) The Board shall meet— “(1) not less than once during each month; and “(2) at additional times at the call of the Chairman. “(b) (1) Except as provided in sections 8472(g)(1)(C) and 8474(a)(1) of this title, the Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board. “(2) A vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board. “(c) Three members of the Board shall constitute a quorum for the transaction of business. “(d) (1) Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for grade GS–18 of the General Schedule for each 5 USC 5332. day during which such member is engaged in performing a function of the Board. “(2) A member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of this title while traveling away from such member’s home or regular 5 USC 5701. place of business in the performance of the duties of the Board. “(3) Payments authorized under this subsection shall be paid from the Thrift Savings Fund. “(e) The accrued annual leave of any employee who is a member of the Board or the Council shall not be charged for any time used in performing services for the Board or the Council. “§ 8477. Fiduciary responsibilities; liability and penalties “(a) For the purposes of this section— “(1) the term ‘account’ is not limited by the definition provided in section 8401(1); “(2) the term ‘adequate consideration’ means— “(A) in the case of a security for which there is a generally recognized market— “(i) the price of the security prevailing on a national securities exchange which is registered under section 6 of the Securities Exchange Act of 1934; or 15 USC 78f. “(ii) if the security is not traded on such a national securities exchange, a price not less favorable to the Thrift Savings Fund than the offering price for the security as established by the current bid and asked prices quoted by persons independent of the issuer and of any party in interest; and “(B) in the case of an asset other than a security for which there is a generally recognized market, the fair market value of the asset as determined in good faith by a fiduciary or fiduciaries in accordance with regulations prescribed by the Secretary of Labor; “(3) the term ‘fiduciary’ means— “(A) a member of the Board; “(B) the Executive Director; “(C) any person who has or exercises discretionary authority or discretionary control over the management or disposition of the assets of the Thrift Savings Fund; and “(D) any person who, with respect to the Thrift Savings Fund, is described in section 3(21)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C 1002(21)(A)); and “(4) the term ‘party in interest’ includes— “(A) any fiduciary; “(B) any counsel to a person who is a fiduciary, with respect to the actions of such person as a fiduciary; “(C) any participant; “(D) any person providing services to the Board and, with respect to the actions of the Executive Director as a fiduciary any person providing services to the Executive Director; “(E) a labor organization, the members of which are participants; “(F) a spouse, sibling, ancestor, lineal descendant, or spouse of a lineal descendant of a person described in subparagraph (A), (B), or (D); “(G) a corporation, partnership, or trust or estate of which, or in which, at least 50 percent of— “(i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation; “(ii) the capital interest or profits interest of such partnership; or “(iii) the beneficial interest of such trust or estate. is owned directly or indirectly, or held by a person described in subparagraph (A), (B), (D), or (E); “(H) an official (including a director) of, or an individual employed by, a person described in subparagraph (A), (B), (D), (E), or (G), or an individual having powers or responsibilities similar to those of such an official; “(I) a holder (directly or indirectly) of at least 10 percent of the shares in a person described in any subparagraph referred to in subparagraph (H); and “(J) a person who, directly or indirectly, is at least a 10 percent partner or joint venturer (measured in capital or profits) in a person described in any subparagraph referred to in subparagraph (H). “(b) (1) To the extent not inconsistent with the provisions of this chapter and the policies prescribed by the Board, a fiduciary shall discharge his responsibilities with respect to the Thrift Savings Fund or applicable portion thereof solely in the interest of the participants and beneficiaries and— (A) for the exclusive purpose of— “(i) providing benefits to participants and their beneficiaries; and “(ii) defraying reasonable expenses of administering the Thrift Savings Fund or applicable portions thereof; “(B) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent individual acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like objectives; and “(C) to the extent permitted by section 8438 of this title, by diversifying the investments of the Thrift Savings Fund or applicable portions thereof so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. “(2) No fiduciary may maintain the indicia of ownership of any assets of the Thrift Savings Fund outside the jurisdiction of the district courts of the United States. “(c) (1) A fiduciary shall not permit the Thrift Savings Fund to engage in any of the following transactions, except in exchange for adequate consideration: “(A) A transfer of any assets of the Thrift Savings Fund to any person the fiduciary knows or should know to be a party in interest or the use of such assets by any such person. “(B) An acquisition of any property from or sale of any property to the Thrift Savings Fund by any person the fiduciary knows or should know to be a party in interest. “(C) A transfer or exchange of services between the Thrift Savings Fund and any person the fiduciary knows or should know to be a party in interest. “(2) Notwithstanding paragraph (1), a fiduciary with respect to the Thrift Savings Fund shall not— “(A) deal with any assets of the Thrift Savings Fund in his own interest or for his own account; “(B) act, in an individual capacity or any other capacity, in any transaction involving the Thrift Savings Fund on behalf of a party, or representing a party, whose interests are adverse to the interests of the Thrift Savings Fund or the interests of its participants or beneficiaries; or “(C) receive any consideration for his own personal account from any party dealing with sums credited to the Thrift Savings Fund in connection with a transaction involving assets of the Thrift Savings Fund. “(3) (A) The Secretary of Labor may, in accordance with procedures which the Secretary shall by regulation prescribe, grant a conditional or unconditional exemption of any fiduciary or transaction, or class of fiduciaries or transactions, from all or part of the restrictions imposed by paragraph (2). “(B) An exemption granted under this paragraph shall not relieve a fiduciary from any other applicable provision of this chapter. “(C) The Secretary of Labor may not grant an exemption under this paragraph unless he finds that such exemption is— “(i) administratively feasible; “(ii) in the interests of the Thrift Savings Fund and of its participants and beneficiaries; and “(iii) protective of the rights of participants and beneficiaries of such Fund. “(D) An exemption under this paragraph may not be granted unless— “(i) notice of the proposed exemption is published in the Federal Register; “(ii) interested persons are given an opportunity to present views; and “(iii) the Secretary of Labor affords an opportunity for a hearing and makes a determination on the record with respect to the respective requirements of clauses (i), (ii), and (iii) of subparagraph (C). “(d) This section does not prohibit any fiduciary from— “(1) receiving any benefit which the fiduciary is entitled to receive under this subchapter or subchapter III of this chapter as a participant or beneficiary; “(2) receiving any reasonable compensation authorized by this subchapter for services rendered, or for reimbursement of expenses properly and actually incurred, in the performance of the fiduciary s duties under this chapter; or “(3) serving as a fiduciary in addition to being an officer, employee, agent, or other representative of a party in interest. “(e) (1) (A) Any fiduciary that breaches the responsibilities, duties, and obligations set out in subsection (b) or violates subsection (c) shall be personally liable to the Thrift Savings Fund for any losses to such Fund resulting from each such breach or violation and to restore to such Fund any profits made by the fiduciary through use of assets of such Fund by the fiduciary, and shall be subject to such other equitable or remedial relief as a court considers appropriate. A fiduciary may be removed for a breach referred to in the preceding sentence. “(B) The Secretary of Labor may assess a civil penalty against a Law enforcement and crime. and party in interest with respect to each transaction which is engaged in by the party in interest and is prohibited by subsection (c). The amount of such penalty shall be equal to 5 percent of the amount involved in each such transaction (as defined in section 4975(f)(4) of the Internal Revenue Code of 1954) for each year or part thereof 26 USC 4975. during which the prohibited transaction continues, except that, if the transaction is not corrected (in such manner as the Secretary of Labor shall prescribe by regulation consistent with section 4975(f)(5) of such Code) within 90 days after the date the Secretary of Labor transmits notice to the party in interest (or such longer period as the Secretary of Labor may permit), such penalty may be in an amount not more than 100 percent of the amount involved. “(C) A fiduciary shall not be liable under subparagraph (A) with respect to a breach of fiduciary duty under subsection (b) committed before becoming a fiduciary or after ceasing to be a fiduciary. “(D) A fiduciary shall be jointly and severally liable under subparagraph (A) for a breach of fiduciary duty under subsection (b) by another fiduciary if— “(i) the fiduciary participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary, knowing such act or omission is such a breach; “(ii) by the fiduciary’s failure to comply with subsection (b) in the administration of the fiduciary’s specific responsibilities which give rise to the fiduciary status, the fiduciary has enabled such other fiduciary to commit such a breach; or “(iii) the fiduciary has knowledge of a breach by such other fiduciary, unless the fiduciary makes reasonable efforts under the circumstances to remedy the breach. “(E) The Secretary of Labor shall prescribe, in regulations, procedures Regulations. for allocating fiduciary responsibilities among fiduciaries, including investment managers. Any fiduciary who, pursuant to such procedures, allocates to a person or persons any fiduciary responsibility shall not be liable for an act or omission of such person or persons unless— “(i) such fiduciary violated subsection (b) with respect to the allocation, with respect to the implementation of the procedures prescribed by the Board, or in continuing such allocation; or “(ii) such fiduciary would otherwise be liable in accordance with subparagraph (D). “(2) A civil action may be brought in the district courts of the Courts, U.S. United States— “(A) by the Secretary of Labor— “(i) to determine and enforce a liability under paragraph (1)(A); “(ii) to collect any civil penalty under paragraph (1)(B); or “(iii) to enjoin any act or practice which violates subsection (g)(2) or (h) of section 8472 of this title; “(B) by the Secretary of Labor, any participant, beneficiary, or fiduciary— “(i) to enjoin any act or practice which violates any provision of subsection (b) or (c); or “(ii) to obtain any other appropriate equitable relief to redress a violation of any such provision; or “(C) by any participant or beneficiary to recover benefits due to him or her under the provisions of subchapter III of this chapter, to enforce his or her rights under such provisions, or to clarify his or her rights to future benefits under such provisions. “(3) An action may not be commenced under paragraph (2) with respect to a fiduciary’s breach of any responsibility, duty, or obligation under subsection (b) or a violation of subsection (c) after the earlier of— “(A) 6 years after (i) the date of the last action which constituted a part of the breach or violation, or (ii) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation; or “(B) 3 years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that, in the case of fraud or concealment, such action may be commenced not later than 6 years after the date of discovery of such breach or violation. “(4) (A) The district courts of the United States shall have exclusive Courts, U.S. jurisdiction of civil actions under this subsection. “(B) An action under this subsection may be brought in the District Court of the United States for the District of Columbia or a district court of the United States in the district where the breach alleged in the complaint or petition filed in the action took place or in the district where a defendant resides or may be found. Process may be served in any other district where a defendant resides or may be found. “(5) (A) A copy of the complaint or petition filed in any action brought under this subsection (other than by the Secretary of Labor) shall be served on the Executive Director, the Secretary of Labor, and the Secretary of the Treasury by certified mail. “(B) Any officer referred to in subparagraph (A) of this paragraph shall have the right in his discretion to intervene in any action. If the Secretary of Labor brings an action under paragraph (2) of this subsection on behalf of a participant or beneficiary, he shall notify the Executive Director and the Secretary of the Treasury. “(f) The Secretary of Labor may prescribe regulations to carry out this section. “(g) (1) The Secretary of Labor shall establish a program to carry out audits to determine the level of compliance with the requirements of this section relating to fiduciary responsibilities and prohibited activities of fiduciaries. “(2) An audit under this subsection may be conducted by the Secretary of Labor, by contract with a qualified non-governmental organization, or in cooperation with the Comptroller General of the United States, as the Secretary considers appropriate. “§ 8478. Bonding “(a) (1) Except as provided in paragraph (2), each fiduciary (other than a member of the Employee Thrift Advisory Council with respect to his duties as a member) and each person who handles funds or property of the Thrift Savings Fund shall be bonded as provided in this section. “(2) (A) Bond shall not be required of a fiduciary (or of any officer or employee of such fiduciary) if such fiduciary— “(i) is a corporation organized and doing business under the laws of the United States or of any State; “(ii) is authorized under such laws to exercise trust powers or to conduct an insurance business; “(iii) is subject to supervision or examination by Federal or State authority; and “(iv) has at all times a combined capital and surplus in excess of such minimum amount (not less than $1,000,000) as the Secretary of Labor prescribes in regulations. “(B) If— “(i) a bank or other financial institution would, but for this subparagraph, not be required to be bonded under this section by reason of the application of the exception provided in subparagraph (A), “(ii) the bank or financial institution is authorized to exercise trust powers, and “(iii) the deposits of the bank or financial institution are not insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, such exception shall apply to such bank or financial institution only if the bank or institution meets bonding requirements under State law which the Secretary of Labor determines are at least equivalent to those imposed on banks by Federal law. “(b) (1) The Secretary of Labor shall prescribe the amount of a bond under this section at the beginning of each fiscal year. Except as otherwise provided in this paragraph, such amount shall not be less than 10 percent of the amount of funds handled. In no case shall such bond be less than $1,000 nor more than $500,000, except that the Secretary of Labor, after due notice and opportunity for hearing to all interested parties, and other consideration of the record, may prescribe an amount in excess of $500,000. “(2) For the purpose of prescribing the amount of a bond under paragraph (1), the amount of funds handled shall be determined by reference to the amount of the funds handled by the person, group, or class to be covered by such bond or by their predecessor or predecessors, if any, during the preceding fiscal year, or to the amount of funds to be handled during the current fiscal year by such person, group, or class, estimated as provided in regulations prescribed by the Secretary of Labor. “(c) A bond required by subsection (a)— “(1) shall include such terms and conditions as the Secretary of Labor considers necessary to protect the Thrift Savings Fund against loss by reason of acts of fraud or dishonesty on the part of the bonded person directly or through connivance with others; “(2) shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury pursuant to sections 6 through 13 of title 6; and “(3) shall be in a form or of a type approved by the Secretary of Labor, including individual bonds or schedule or blanket forms of bonds which cover a group or class. “(d) (1) It shall be unlawful for any person to whom subsection (a) Law enforcement and crime. applies, to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of the Thrift Savings Fund without being bonded as required by this section. “(2) It shall be unlawful for any fiduciary, or any other person having authority to direct the performance of functions described in paragraph (1), to permit any such function to be performed by any person to whom subsection (a) applies unless such person has met the requirements of such subsection. “(e) Notwithstanding any other provision of law, any person who is required to be bonded as provided in subsection (a) shall be exempt from any other provision of law which would, but for this subsection, require such person to be bonded for the handling of the funds or other property of the Thrift Savings Fund. “(f) The Secretary of Labor shall prescribe such regulations as Regulations. may be necessary to carry out the provisions of this section, including exempting a person or class of persons from the requirements of this section. “§ 8479. Exculpatory provisions; insurance “(a) Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this subchapter shall be void. “(b) (1) The Executive Director may require employing agencies to contribute an amount not to exceed 1 percent of the amount such agencies are required to contribute in accordance with section 8432(c) of this title to the Thrift Savings Fund. “(2) The sums credited to the Thrift Savings Fund under paragraph (1) shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Thrift Savings Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.”.

2. 1990

   Capitol Police Retirement Act

   Pub. L. 101–428 § 3(b)(1)(A) · 104 Stat. 928

   Substituted · 5 U.S.C. § 8425(b)

   Pub. L. 101–428, § 3(b)(1)(A), substituted “officer, member of the Capitol Police, or” for “officer or” in two places

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–428, § 3(b)(1)(A), substituted “officer, member of the Capitol Police, or” for “officer or” in two places.

   Enacted provision · exact public law section
   (A) Section 8425(b) is amended by striking “officer” each place it appears and inserting “officer, member of the Capitol Police,”.

3. 1990

   Capitol Police Retirement Act

   Pub. L. 101–428 § 3(b)(2) · 104 Stat. 928

   Inserted · 5 U.S.C. § 8425(c)

   Pub. L. 101–428, § 3(b)(2), inserted “(other than a member of the Capitol Police)” after “employee”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–428, § 3(b)(2), inserted “(other than a member of the Capitol Police)” after “employee”.

   Enacted provision · exact public law section
   (2) Section 8425(c) is amended by inserting “(other than a member of the Capitol Police)” after “employee”.

4. 1990

   Pub. L. 101–509 § 529(tIV)(s409)(b)(1) · 104 Stat. 1389

   Struck · 5 U.S.C. § 8425(b)

   Pub. L. 101–509, § 529 [title IV, § 409(b)(1)], which directed the amendment of subsec. (b) by striking out “law enforcement officer or” wherever appearing in first sentence, could not be executed because of a prior amendment by Pub. L. 101–428, § 3(b)(1)(A), see below

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–509, § 529 [title IV, § 409(b)(1)], which directed the amendment of subsec. (b) by striking out “law enforcement officer or” wherever appearing in first sentence, could not be executed because of a prior amendment by Pub. L. 101–428, § 3(b)(1)(A), see below.

   Enacted provision · exact public law section
   SEC. 529. FEDERAL EMPLOYEES PAY COMPARABILITY ACT OF 1990. SECTION 1. SHORT TITLE; RULES OF CONSTRUCTION. (a) Short Title.— This section, and the sections immediately following this section through section 412, inclusive, may be cited as the “Federal Employees Pay Comparability Act of 1990” (hereinafter in this section referred to as “FEPCA”). (b) Rules of Construction.— (1) Except as otherwise expressly provided, any reference (actual or implicit) in FEPCA (outside of this section) to “this Act” (or to any title, section, or other designated provision of “this Act”) shall be construed to be a reference to FEPCA (or the corresponding provision within FEPCA). (2) Except as otherwise expressly provided, any reference (actual or implicit) in any provision of this Act outside of FEPCA to “this Act” (or to any title, section, or other designated provision of “this Act”), and any reference made in any provision of law outside of this Act to the “Treasury, Postal Service and General Government Appropriations Act, 1991” (or to any title, section, or other designated provision of such Act), shall be construed disregarding the provisions of FEPCA. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: TABLE OF CONTENTS Sec. 1. Short title; rules of construction. Sec. 2. Table of contents. TITLE I— AMENDMENTS RELATING TO BASIC PAY Sec. 101. Annual adjustments to statutory pay rates; locality-based comparability adjustments; other matters. Sec. 102. Pay for positions above GS-15 and certain other positions. Sec. 103. Pay for critical positions. Sec. 104. Administrative law judges and contract appeals board members. Sec. 105. Special occupational pay systems. Sec. 106. Elimination of GS-11 threshold for new appointees to be paid above minimum rates. Sec. 107. Advances of pay. Sec. 108. Reemployment of retirees. Sec. 109. New pay structure for the police forces of the Bureau of Engraving and Printing and the United States Mint. Sec. 110. Compensation of standing trustees appointed under titles 11 and 28, United States Code. Sec. 111. Pay-for-performance labor-management committee. Sec. 112. Position titles in certain departments. Sec. 113. Director of the Census Bureau. TITLE II— AMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS Sec. 201. Time off from duty as an incentive award. Sec. 202. Uniform allowances. Sec. 203. Differential for physical hardship or hazard. Sec. 204. Exception from limitation on premium pay. Sec. 205. Health care positions. Sec. 206. Travel and transportation expenses for candidates and new appointees. Sec. 207. Performance-based cash awards. Sec. 208. Recruitment, relocation, and retention payments. Sec. 209. Staffing differentials. Sec. 210. Premium pay amendments. Sec. 211. Supervisory differentials. TITLE III— MISCELLANEOUS PROVISIONS Sec. 301. Budget Act compliance. Sec. 302. Interim geographic adjustments. Sec. 303. Pay rates for current employees. Sec. 304. Senior Biomedical Research Service. Sec. 305. Effective date. Sec. 306. Additional rule of construction. TITLE IV— FEDERAL LAW ENFORCEMENT PAY REFORM Sec. 401. Short title. Sec. 402. Definition. Sec. 403. Special rates for law enforcement officers. Sec. 404. Special pay adjustments for law enforcement officers in selected cities. Sec. 405. Same benefits for other law enforcement officers. Sec. 406. FBI New York Field Division. Sec. 407. Relocation payments. Sec. 408. Incentive bonus for foreign language capabilities. Sec. 409. Age for mandatory retirement. Sec. 410. Overtime rates. Sec. 411. Other premium pay. Sec. 412. Reporting requirement. TITLE I— AMENDMENTS RELATING TO BASIC PAY SEC. 101. ANNUAL ADJUSTMENTS TO STATUTORY PAY RATES; LOCALITY-BASED COMPARABILITY PAYMENTS; OTHER MATTERS. (a) Generally.— (1) Subchapter I of chapter 53 of title 5, United States Code, is amended to read as follows: “SUBCHAPTER I— PAY COMPARABILITY SYSTEM “§ 5301. Policy “It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that— “(1) there be equal pay for substantially equal work within each local pay area; “(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions; “(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and “(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated. “§ 5302. Definitions “For the purpose of this subchapter— “(1) the term ‘statutory pay system’ means a pay system under— “(A) subchapter III, relating to the General Schedule; “(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or “(C) chapter 73 of title 38, relating to the Veterans Health Services and Research Administration; “(2) the term ‘ECI’ means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; “(3) the ‘base quarter’ for any year is the 3-month period ending on September 30 of such year; “(4) the term ‘pay agent’ means the agent designated by the President under section 5304(d)(1); “(5) the term ‘locality’ or ‘pay locality’ means any locality, as established or modified under section 5304; “(6) the term ‘pay disparity’, as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality; “(7) the term ‘comparability payment’ means a payment payable under section 5304; “(8) the term ‘rates of pay under the General Schedule’, ‘rates of pay for the General Schedule’, or ‘scheduled rates of basic pay’ means— “(A) the rates of basic pay set forth in the General Schedule; and “(B) in the case of an employee covered by the performance management and recognition system, the rates of basic pay under chapter 54; and “(9) the term ‘General Schedule position’ means any position to which subchapter III applies (including any position under the performance management and recognition system). “§ 5303. Annual adjustments to pay schedules “(a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). “(b) (1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall— “(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and “(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect. “(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures. “(3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government’s ability to recruit and retain well-qualified employees. “(c) The rates of basic pay that take effect under this section— “(1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and “(2) shall be printed in the Federal Register and the Code of Federal Regulations. “(d) An increase in rates of basic pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335. “(e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action. “(f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability payment payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. “(g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate. “§ 5304. Locality-based comparability payments “(a) Pay disparities shall be identified and reduced as follows: “(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent. “(2) (A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year. “(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. “(3) Subject to paragraphs (4) and (5), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparative payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that— “(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than ⅖ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than ½ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less than ⅗ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than 7/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than ⅘ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than 9/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent; “(4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality’s pay disparity completely. “(b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining payable). “(c) (1) The amount of the comparability payment payable within any particular locality during a calendar year— “(A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and “(B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employee’s scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g). “(2) A comparability payment— “(A) shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and premium pay under subchapter V of chapter 55, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe; and “(B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section. “(3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303. “(4) (A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section. “(B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(1)(A), be included within a pay locality. “(d) In order to carry out this section, the President shall— President. “(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 13 months before the start of the calendar year for purposes of which it is prepared), a report that— “(A) compares the rates of pay under the General Schedule with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate annual surveys that shall be conducted by the Bureau of Labor Statistics; “(B) based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability payments payable); “(C) makes recommendations for appropriate comparability payments, in conformance with applicable requirements of this section; and “(D) includes the views and recommendations submitted under subsection (e); “(2) after considering the report of his agent (including the views and recommendations referred to in subsection (e)(2)(C), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and “(3) transmit to Congress a report of the actions taken under Reports. paragraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C) which shall— “(A) identify each pay locality; “(B) specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agent’s most recent report under paragraph (1) (before and after taking into consideration any comparability payments payable); and “(C) indicate the size of the respective comparability payments (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year. “(e) (1) The President shall establish a Federal Salary Council of 9 President. members, of whom— “(A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and “(B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347(a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council. “(2) The pay agent shall— “(A) provide for meetings with the Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding— “(i) the establishment or modification of pay localities; “(ii) the coverage of the annual survey conducted by the Bureau of Labor Statistics under subsection (d)(1)(A) (including, but not limited to, the occupations, establishment sizes, and industries, to be surveyed, and how pay localities are to be surveyed); “(iii) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and “(iv) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of this section; “(B) give thorough consideration to the views and recommendations of employee organizations not represented on the Council regarding the subjects in subparagraph (A)(i)-–iv); and “(C) include in its report to the President the views and recommendations submitted as provided in this subsection by the Council, by any member of the Council, and by employee organizations not represented on the Council. “(f) (1) The pay agent may provide for such pay localities as the pay agent considers appropriate, except that— “(A) each General Schedule position (excluding any outside the continental United States, as defined in section 5701(6)) shall be included with a pay locality; and “(B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers. “(2) (A) The establishment or modification of any such boundaries shall be effected by regulations which, notwithstanding subsection (a)(2) of section 553, shall be promulgated in accordance with the notice and comment requirements of such section. “(B) Judicial review of any regulation under this subsection shall be limited to whether or not it was promulgated in accordance with the requirements referred to in subparagraph (A). “(g) (1) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. “(2) For positions under subparagraphs (A)-(E) of subsection (h)(1), the applicable maximum under this subsection shall be level III of the Executive Schedule. “(h) (1) For the purpose of this subsection, the term ‘position’ means— “(A) a position to which section 5376 applies (relating to certain senior-level positions); “(B) a Senior Executive Service position under section 3132; “(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151; “(D) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105); “(E) a position to which section 5372a applies (relating to contract appeals board members); and “(F) a position within an Executive agency not covered under any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) less than the rate payable for level V of the Executive Schedule; but does not include— “(i) a position to which subchapter IV applies (relating to prevailing rate systems); or “(ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions). “(2) (A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments. “(B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover— “(i) with respect to the positions under subparagraphs (A) through (E) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i) or (ii) of such paragraph); and “(ii) with respect to positions under paragraph (1)(F), such positions as may be considered appropriate (excluding any under clause (i) or (ii) of paragraph (1)). “(3) Comparability payments under this subsection— “(A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality; “(B) shall be payable, within the locality involved, for the entirety of each calendar year for which authority is granted by the President; “(C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to General Schedule positions within the same locality; and “(D) shall be subject to the applicable limitation under subsection (g). “(i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees. “§ 5304a. Authority to fix an alternative level of comparability payments “(a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the level of comparability payments which would otherwise be payable under section 5304 in any year to be inappropriate, the President shall— “(1) prepare and transmit to Congress, at least 1 month before those comparability payments (disregarding this section) would otherwise become payable, a report describing the alternative level of payments which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and “(2) implement the alternative level of payments beginning on the same date as would otherwise apply, for the year involved, under section 5304. “(b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303(b) shall apply with respect to any decision to exercise any authority to fix an alternative level of comparability payments under this section. “§ 5305. Special pay authority “(a) Whenever the President finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped, due to any of the circumstances described in subsection (b), he may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of basic pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum pay rate prescribed by statute for the grade or level by more than 30 percent, and no rate may be established under this section (disregarding any amount payable under subsection (g)) in excess of the rate of basic pay payable for level V of the Executive Schedule. The President may authorize the exercise of the authority conferred on him by this section by the Office of Personnel Management or, in the case of individuals not subject to the provisions of this title governing appointment in the competitive service, by such other agency as he may designate. “(b) The circumstances referred to in subsection (a) are— “(1) rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved; “(2) the remoteness of the area or location involved; “(3) the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or “(4) any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) considers appropriate. “(c) Authority under subsection (a) may be exercised with respect to positions paid under— “(1) a statutory pay system; or “(2) any other pay system established by or under Federal statute for civilian positions within the executive branch. “(d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the President or by such agency as he may designate. The actions and revisions have the force and effect of statute. “(e) An increase in a rate of basic pay established under this section is not an equivalent increase in pay within the meaning of section 5335. “(f) The rate of basic pay established under this section and received by an individual immediately before a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate. “(g) (1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of basic pay established under this section to such extent as the President (or his designated agency) considers appropriate, subject to paragraph (2) and subsection (h). “(2) Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. “(h) The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such individual (taking comparability payments under section 5304 into account) if this section had never been enacted. “§ 5306. Pay fixed by administrative action “(a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31— “(1) the rates of pay of— “(A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter; “(B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b-3 of title 40, and the Superintendent of Garages, House office buildings; and “(C) persons employed by the county committees established under section 590h(b) of title 16; and “(2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1); may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate— “(i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay; “(ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or “(iii) in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303. “(b) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate. “(c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices. “(d) This section does not impair any authority under which rates of pay may be fixed by administrative action. “(e) Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. “§ 5307. Limitation on certain payments “(a) Except as otherwise permitted by or under law, no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause to the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year. “(b) (1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year. “(2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying the limitations under subsection (a) with respect to such calendar year. “(3) Paragraph (1) shall not apply to an amount if, or to the extent that, it is attributable to a payment the authority for which would derive from section 4505a(d), 5753(e), or 5754(e). “(c) The Office of Personnel Management shall prescribe such Regulations. regulations as may be necessary to carry out this section, including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by striking the matter relating to subchapter I and inserting the following new matter: “SUBCHAPTER I— PAY COMPARABILITY SYSTEM “Sec. “5301. Policy. “5302. Definitions. “5303. Annual adjustments to pay schedules. “5304. Locality-based comparability payments. “5304a. Authority to fix an alternative level of comparability payments. “5305. Special pay authority. “5306. Pay fixed by administrative action. “5307. Limitation on certain payments.”. (b) Technical and Conforming Amendments.— (1) Section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3963) is amended by striking “subchapter I of chapter 53” and inserting “section 5303”. (2) (A) Section 256(g)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(2)(A)) is amended by striking “5301(c)” and inserting “5302(1)”. (B) Section 732(b)(6) of title 31, United States Code, is amended by striking “5301(a)” and inserting “5301”. (3) (A) Section 3326(b)(2) of title 5, United States Code, is amended by striking “5303” and inserting “5305”. (B) Section 5363(a)(2) of title 5, United States Code, is amended by striking “5303 of this title;” and inserting “5305 of this title (or corresponding prior provision of this title);”. (C) Section 5405(f) of title 5, United States Code, is amended— (i) by striking “5303 of this title,” and inserting “5305 of this title (or corresponding prior provision of this title),”; and (ii) by striking “such section 5303.” and inserting “such section 5305 (or corresponding prior provision).”. (D) Section 325(b)(2) of title 31, United States Code, is amended by striking “(except section 5303),” and inserting “(except section 5305, or corresponding prior provision of such title),”. (E) Sections 5542(a), 5543, and 5545(c)(1) of title 5, United States Code, are amended by inserting after “GS–10” each place it occurs the following: “(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)”. (4) (A) Section 5318 of title 5, United States Code, is amended by striking “5305” and inserting “5303”. (B) Section 5382(c) of title 5, United States Code, is amended— (i) in the first sentence, by striking “5305” and inserting “5303”; and (ii) by striking the second sentence. (C) Section 5403(a) of title 5, United States Code, is amended by striking “5305” and inserting “5303”. (D) Section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended by striking “5305” and inserting “5303”. (E) Section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a–1) is amended by striking “5305” each place it appears and inserting “5303”. (F) Section 5 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a–2) is amended— (i) in subsection (a) (in the matter before paragraph (1)), by striking “(a)” through “then” and inserting “(a) Whenever an adjustment under section 5303 becomes effective with respect to rates of pay under the General Schedule,”; (ii) in subsection (a)(1)(A), by striking “pay adjustment by the President);” and inserting “adjustment);”; and (iii) in subsection (a)(1) (in the matter after subparagraph (B)), by striking “pay adjustment made by the President;” and inserting “adjustment under such section 5303;”. (G) The provisions of House Resolution 1495, Ninety-fourth Congress (as enacted into law by section 115 of the Legislative Branch Appropriations Act, 1978 (2 U.S.C. 84a–1)) is amended by striking “5305” each place it appears and inserting “5303”. (H) Section 256(g)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(1)) is amended— (i) by inserting “(as increased by any amount payable under section 5304 of title 5, United States Code, or section 302 of the Federal Employees Pay Comparability Act of 1990)” after “any such statutory pay system”; and (ii) by striking “5305” and inserting “5303”. (I) Section 104 of title 3, United States Code, is amended by striking “5305” and inserting “5303”. (J) Section 461(a) of title 28, United States Code, is amended by striking “5305” and inserting “5303”. (K) Section 338A(g)(3) of the Public Health Service Act (42 U.S.C. 2541(g)(3)) is amended by striking “(as set forth in the report transmitted to the Congress under section 5305 of title 5, United States Code)” and inserting “(under section 5303 of title 5, United States Code)”. (5) The second proviso under the head “Senate Office Buildings” contained in the Legislative Branch Appropriation Act, 1972, as amended by Public Law 94–59 (40 U.S.C. 174j–8) is amended by striking “5307” and inserting “5306”. (6) (A) Section 5382(b) of title 5, United States Code, is amended by striking “5308” and inserting “5306(e)”. (B) Section 8431 of title 5, United States Code, is amended by striking “5308” and inserting “5303(e), 5304(g),”. (C) Section 9314 of title 10, United States Code, is amended by striking “5308” and inserting “5306(e)”. (7) Section 5383(b)(1) of title 5, United States Code, is amended by striking “5304(j),” after “4507,”. (8) (A) Section 207 of title 18, United States Code, as amended by section 101 of Public Law 101–194 (103 Stat. 1716) and section 2 of Public Law 101–280 (104 Stat. 149) is amended— (i) in subsection (c)(2) by striking subparagraph (A)(ii) and inserting the following: “(ii) employed in a position which is not referred to in clause (i) and for which the basic rate of pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the rate of basic pay payable for level V of the Executive Schedule;”; and (ii) in subsection (e) by striking paragraph (6) and inserting the following: “(6) Limitation on restrictions.— (A) The restrictions contained in paragraphs (2), (3), and (4) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee’s service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed. “(B) The restrictions contained in paragraph (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee’s service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the basic rate of pay payable for level V of the Executive Schedule.”. (B) The amendments made by subparagraph (A) take effect Effective date. 18 USC 207 note. on January 1, 1991. (9) (A) Section 3132(a)(2) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18 of the General Schedule” and inserting “classified above GS–15 pursuant to section 5108”. (B) Section 3304a(a) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18)” and inserting “in a position classified above GS–15 pursuant to section 5108)”. (C) (i) Section 3324(a) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18” and inserting “classified above GS–15 pursuant to section 5108”. (ii) The heading for such section 3324 is amended by striking “at GS–16, 17, or 18” and inserting “to positions classified above GA-15”. (iii) The table of sections for chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3324 and inserting the following: “3324. Appointments to positions classified above GS–15.”. (D) Section 3405(b) of title 5, United States Code, is amended by striking “fixed for GS–16 of the General Schedule.” and inserting “payable under section 5376.”. (E) Section 3594(c)(1)(A) of title 5, United States Code, is amended by striking “at GS–15 or above of the General Schedule” and inserting “at GS–15 of the General Schedule or classified above GS- 15 pursuant to section 5108,”. (F) Section 5102(c)(25) of title 5, United States Code, is amended by striking “maximum rate for GS–18;” and inserting “rate for level V of the Executive Schedule;”. (G) Section 5109(b) of title 5, United States Code, is amended by striking “is classified at GS–18” through the period and inserting “shall be considered a position classified above GS–15 pursuant to section 5108.”. (H) Section 5373 of title 5, United States Code, is amended by striking “maximum rate for GS–18.” and inserting “rate for level IV of the Executive Schedule.”. (I) The first sentence of section 5382(b) of title 5, United States Code, is amended by striking “for GS–16 of the General Schedule” and inserting “under section 5376”. (J) Section 5595(a)(2)(i) of title 5, United States Code, is amended— (i) by striking “employee, other” and inserting “employee (other”; (ii) by inserting “or an employee whose pay is fixed under section 5376)” before “whose rate”; and (iii) by striking “GS–18;” and inserting “the Executive Schedule;”. (K) Section 8476(d)(1) of title 5, United States Code, is amended by striking “grade GS–18 of the General Schedule” and inserting “level IV of the Executive Schedule”. (10) Section 3(b) of Public Law 92–298 and section 14(b) of Public Law 92–392 shall be treated as if (as of their respective dates of enactment) the phrase “to read as follows:” contained in each, had instead read “by striking the matter before subparagraph (A) and inserting the following:”. (c) Other References.— Until otherwise provided by law— (1) any reference in a provision of law (which is outside title 5, United States Code, and in effect immediately before this section takes effect, excluding any reference in a provision of law amended by this Act)— (A) (i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section 102(a)); (ii) to the minimum rate of pay for grade GS–16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section 102(a)); and (iii) to a rate of pay for grade GS–16 or 17 of the General Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS–15 pursuant to section 5108 of such title (as amended by section 102(b)(2)); and (B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section 302; and (2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with chapter 51 and subchapter III of chapter 53 of such title— (A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section 302; but (B) shall be considered to include authority under section 5376 of such title (as amended by section 102(a)), if applicable. (d) Regulations.— The Office of Personnel Management may prescribe regulations, consistent with subsection (c)(1)(B) and section 303, governing the conversion or adjustment of rates of pay, where necessary because of the abolishment of grades GS–16, 17, and 18 of the General Schedule. (e) Sense of Congress.— It is the sense of the Congress that the total funds dedicated to adjustments under sections 5303 and 5304 for any year be no less than the total funds that would have been dedicated to adjustments under such section 5303 for such year had the full change in the ECI been applied to pay rates for such year. SEC. 102. PAY FOR POSITIONS ABOVE GS-15 AND CERTAIN OTHER POSITIONS. (a) In General.— (1) Subchapter VII of chapter 53 of title 5, United States Code, is amended by adding after section 5375 the following new section: “§ 5376. Pay for certain senior-level positions “(a) This section applies to— “(1) positions that are classified above GS-15 pursuant to section 5108; and “(2) scientific or professional positions established under section 3104; but does not apply to— “(A) any Senior Executive Service position under section 3132; or “(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. “(b) (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— “(A) not less than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and “(B) not greater than the rate of basic pay payable for level IV of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. “(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5375 the following new item: “5376. Pay for certain senior-level positions.”. (b) Amendments to Chapter 51 of Title 5, United States Code.— (1) Section 5104 of title 5, United States Code, is amended— (A) in the second sentence, by striking “18”; and (B) by striking paragraphs (16) through (18). (2) Section 5108 of title 5, United States Code, is amended to read as follows: “§ 5108. Classification of positions above GS–15 “(a) The Office of Personnel Management may, for any Executive agency— “(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS-15; and “(2) establish standards and procedures (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS-15; “(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”. (c) Exclusion From Subchapter III of Chapter 53.— Section 5331(b) of title 5, United States Code, is amended to read as follows: “(b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.”. SEC. 103. PAY FOR CRITICAL POSITIONS. (a) In General.— Subchapter VII of chapter 53 of title 5, United States Code, is amended by section 102, is further amended by adding at the end the following new section: “§ 5377. Pay authority for critical positions “(a) For the purpose of this section— “(1) the term ‘agency’ has the meaning given it by section 5102; and “(2) the term ‘position’ means— “(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; “(B) a position under the Executive Schedule under sections 5312–5317; “(C) a position to which section 5372 applies (or would apply, but for this section); and “(D) a position to which section 5372a applies (or would apply, but for this section). “(b) Authority under this section— “(1) may be granted or exercised only with respect to a position— “(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and “(B) which is critical to the agency’s successful accomplishment of an important mission; and “(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. “(c) The Office of Management and Budget, in consultation with the Office of Personnel Management, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. “(d) (1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted. “(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President. “(e) The authority to fix the rate of basic pay under this section for a position shall terminate— “(1) whenever the Office of Management and Budget determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or “(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year. “(f) The Office of Management and Budget may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II. “(g) The Office of Management and Budget shall consult with the Office of Personnel Management before prescribing regulations under this section or making any decision to grant or terminate any authority under this section. “(h) The Office of Management and Budget shall report to the Reports. Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include— “(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and “(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, as amended by section 102, is further amended by adding at the end the following new item: “5377. Pay authority for critical positions.”. SEC. 104. ADMINISTRATIVE LAW JUDGES AND CONTRACT APPEALS BOARD MEMBERS. (a) Pay Provisions.— (1) Section 5372 of title 5, United States Code, is amended to read as follows: “§ 5372. Administrative law judges “(a) For the purposes of this section, the term ‘administrative law judge’ means an administrative law judge appointed under section 3105. “(b) (1) There shall be 3 levels of basic pay for administrative law judges (designated as AL-1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section. The rates of basic pay for those levels shall be as follows: “AL–3, rate A 65 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate B 70 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate C 75 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate D 80 percent of the rate of baste pay for level IV of the Executive Schedule. “AL–3, rate E 85 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate F 90 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–2 95 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–1 The rate of basic pay for level IV of the Executive Schedule. “(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level. “(3) (A) Upon appointment to a position in AL-3, an administrative law judge shall be paid at rate A of AL-3, and shall be advanced successively to rates B, C, and D of that level upon completion of 52 weeks of service in the next lower rate, and to rates E and F of that level upon completion of 104 weeks of service in the next lower rate. “(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL-3 at an advanced rate under such circumstances as the Office may determine appropriate. “(c) The Office of Personnel Management shall, prescribe regulations necessary to administer this section.”. (2) Subchapter VII of chapter 53 of title 5, United States Code, is amended by inserting before section 5373 the following new section: “§ 5372a. Contract appeals board members “(a) For the purpose of this section— “(1) the term ‘contract appeals board member’ means a member of an agency board of contract appeals appointed under section 8 of the Contract Disputes Act of 1978; and “(2) the term ‘appeals board’ means an agency board of contract appeals established pursuant to section 8 of the Contract Disputes Act of 1978. “(b) Rates of basic pay for contract appeals board members shall be as follows: “(1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule. “(2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1). “(3) Other members of an appeals board—94 percent of the rate under paragraph (1). “(c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, is amended by inserting before the item relating to section 5373 the following new item: “5372a. Contract appeals board members.”. (c) Amendments to 5 U.S.C. 5311.— Section 5311 of title 5, United States Code, is amended— (1) by striking subsection (b); and (2) in subsection (a), by striking “(a)”. (d) Technical and Conforming Amendments.— (1) Section 5102(c) of title 5, United States Code, is amended— (A) in paragraph (27), by striking “or”; (B) in paragraph (28), by striking the period and inserting a semicolon; and (C) by adding at the end the following new items: “(29) administrative law judges appointed under section 3105; or “(30) members of agency boards of contract appeals appointed under section 8 of the Contract Disputes Act of 1978.”. (2) Section 5335(a)(B) of title 5, United States Code, is amended by striking “, except an administrative law judge appointed under section 3105 of this title,”. (3) Section 428(b) of the Black Lung Benefits Act (30 U.S.C. 938(b)) is amended by striking the sentence beginning “Each administrative law judge presiding” and inserting “Each administrative law judge presiding under this section and under the provisions of titles I, II and III of this Act shall receive compensation at a rate determined under section 5372 of title 5, United States Code.”. (4) Section 8(b) of the Contract Disputes Act of 1978 is amended— 41 USC 607. (A) in paragraph (1), by striking the last 2 sentences thereof and inserting the following: “Compensation for the chairman, the vice chairman, and all other members of an agency board shall be determined under section 5372a of title 5, United States Code.”; and (B) in paragraph (2), by striking the last 2 sentences thereof and inserting the following: “The chairman and all other members of such board shall receive compensation, at the daily equivalent of the rates determined under section 5372a of title 5, United States Code, for each day they are engaged in the actual performance of their duties as members of the board.”. (e) Conversion Rule for ALJs.— In making initial pay adjustments 5 USC 5372 note. for administrative law judges after this section and the amendments made by this section take effect, the rate of basic pay for any such judge shall, upon conversion to the new pay system, be at least equal to the rate which was payable to that individual immediately before such conversion. SEC. 105. SPECIAL OCCUPATIONAL PAY SYSTEMS. (a) In General.— (1) Chapter 53 of title 5, United States Code, is amended by inserting after subchapter VIII the following new subchapter: “SUBCHAPTER IX— SPECIAL OCCUPATIONAL PAY SYSTEMS “5391. Definitions. “5392. Establishment of special occupational pay systems. “§ 5391. Definitions “For the purposes of this subchapter, ‘agency’, ‘employee’, and ‘position’ have the meanings given them by section 5102. “§ 5392. Establishment of special occupational pay systems “(a) Authority under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section). “(b) Subject to subsection (a), the President’s pay agent (as referred to in section 5304(d)) may establish one or more special occupational pay systems for any positions within occupations or groups of occupations that the pay agent determines, for reasons of good administration, should not be classified under chapter 51 or subject to subchapter III. “(c) In establishing special occupational pay systems, the pay agent shall— “(1) identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately; “(2) consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations; “(3) give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties; “(4) publish a proposed plan for determining the pay of such employees in the Federal Register; “(5) conduct one or more public hearings; “(6) provide each House of Congress with a report at least 90 days in advance of the date the system is to take effect setting forth the details of the proposed plan; and “(7) not later than 30 days before the date the system is to take effect, publish in the Federal Register the details of the final plan for the special occupational pay system. “(d) A special occupational pay system may not— “(1) provide for a waiver of any law, rule, or regulation that could not be waived under section 4703(c); or “(2) provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule. “(e) Subject to subsection (d)(2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding at the end the following new matter: “SUBCHAPTER IX— SPECIAL OCCUPATIONAL PAY SYSTEMS “Sec. “5391. Definitions. “5392. Establishment of special occupational pay systems.”. (b) Pay Retention.— (1) Section 5361(5) of title 5, United States Code, is amended by inserting “a special occupational pay system under subchapter IX,” before “or”. (2) Section 5363(a) of title 5, United States Code, is amended— (A) in paragraph (2), by striking “or” after the semicolon; (B) in paragraph (3), by inserting “or” after the semicolon; and (C) by inserting after paragraph (3) the following new paragraph: “(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53;”. SEC. 106. ELIMINATION OF GS-11 THRESHOLD FOR NEW APPOINTEES TO BE PAID ABOVE MINIMUM RATES. Section 5333(a) of title 5, United States Code, is amended by striking “in GS-11 or above”. SEC. 107. ADVANCES OF PAY. (a) In General.— Subchapter III of chapter 55 of title 5, United States Code, is amended by inserting after section 5524 the following new section: “§ 5524a. Advance payments for new appointees “(a) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency. “(b) (1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed. “(2) The head of each agency shall provide for— “(A) the review of the account of each employee of the agency in receipt of any payment under this section; and “(B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee’s appointment during each period in the position to which appointed. “(c) An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employee’s estate by— “(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and “(2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.”. (b) Table of Sections.— The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5524 the following new item: “5524a. Advance payments for new appointees.”. SEC. 108. REEMPLOYMENT OF RETIREES. (a) Amendment to 5 U.S.C. 5532.— Section 5532 of title 5, United States Code, is amended by adding at the end the following new subsection: “(g) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).”. (b) Amendment to 5 U.S.C. 8344.— Section 8344 of title 5, United States Code, is amended by adding at the end the following new subsection; “(i) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of this chapter or chapter 84 while such waiver is in effect (c) Amendment to 5 U.S.C. 8468.— Section 8468 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(f) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of chapter 83 or this chapter while such waiver is in effect”. SEC. 109. NEW PAY STRUCTURE FOR THE POLICE FORCES OF THE BUREAU OF ENGRAVING AND PRINTING AND THE UNITED STATES MINT. (a) Amendments.— (1) (A) Subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new section: “§ 5378. Police forces of the Bureau of Engraving and Printing and the United States Mint “(a) The Secretary of the Treasury shall fix the rates of basic pay for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint in accordance with the following: “(1) Entry-level police officer—not more than the maximum rate payable for GS-6. “(2) Journeyman-level police officer—not more than the maxi-mum rate payable for GS-7. “(3) Corporal—not more than the maximum rate payable for GS-8. “(4) Sergeant—not more than the maximum rate payable for GS-9. “(5) Lieutenant—not more than the maximum rate payable for GS-10. “(6) Deputy Inspector—not more than the maximum rate payable for GS-11. “(7) Inspector—not more than the maximum rate payable for GS-12. “(b) For the purpose of this section, the term ‘police forces of the Bureau of Engraving and Printing and the United States Mint’ means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.”. (B) The table of sections for subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new item: “5378. Police forces of the Bureau of Engraving and Printing and the United States Mint”. (2) Section 5102(c)(5) of title 5, United States Code, is amended— (A) by striking “and members” and inserting “members”; and (B) by adding “and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title;” after the last semicolon. (b) Special Pay Rates Not Affected.— Nothing in this section or 5 USC 5378 note. in any amendment made by this section shall— (1) affect any special pay rate under section 5305 of title 5, United States Code, established before this section takes effect; or (2) impair any authority to fix or adjust special pay rates under such section 5305 (or a succeeding provision of law) for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint. (c) Effective Date; Conversion and Savings Provisions.— (1) This section and the amendments made by this section shall become effective on the first day of the first applicable pay period beginning on or after the 30th day following the date of enactment of this Act. (2) (A) A special pay rate (as defined in subparagraph (B)) shall apply to an individual holding a position if— (i) as a result of the initial exercise of authority with respect to such position under the amendment made by subsection (a)(1)(A), such individual would (but for this paragraph) be paid— (I) at the step of the grade for which such special pay rate is then in effect; or (II) at a level which is between steps for which special pay rates are then in effect; and (ii) such position is within the area or location with respect to which that special pay rate or those special pay rates, as applicable, are then in effect. Regulations. The Secretary of the Treasury shall prescribe regulations for determining which special pay rate shall apply in a situation described in clause (i)(II). (B) For the purpose of this paragraph, the term “special pay rate” means a rate which— (i) is established under section 5303 of title 5, United States Code (or a succeeding provision of law); (ii) is applicable to positions within the police forces of the Bureau of Engraving and Printing and the United States Mint; and (iii) has been in effect (including any adjustments under section 5303(d) of such title) since on or before the effective date of this section. (3) No rate of basic pay in effect immediately before this section takes effect shall be reduced by reason of the enactment of this section. SEC. 110. COMPENSATION OF STANDING TRUSTEES APPOINTED UNDER TITLES 11 AND 28, UNITED STATES CODE. (a) Compensation.— Section 586(e)(1)(A) of title 28, United States Code, is amended to read as follows: “(A) a maximum annual compensation for such individual consisting of— “(i) an amount not to exceed the highest annual rate of basic pay in effect for level V of the Executive Schedule; and “(ii) the cash value of employment benefits comparable to the employment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and”. (b) Application to All Standing Trustees.— The amendment made by subsection (a) shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99–54; 100 Stat. 3121) apply. SEC. 111. PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE. (a) Policy.— It is the policy of Congress that— (1) the Federal Government should institute systems for determining pay for its General Schedule employees under which the linkage between their performance and their pay will be strengthened; (2) the design of such systems should be developed by the Office of Personnel Management, in conjunction with the Pay-for-Performance Labor-Management Committee; (3) the systems should provide flexibility to adapt to the different needs of different agencies and organizational components in the Federal Government; and (4) any legislation needed to implement the systems should be enacted in a timely fashion so as to permit implementation of the system by October 1, 1993. (b) Establishment.— The Office of Personnel Management shall establish a Pay-for-Performance Labor-Management Committee to advise the Office on the design and establishment of systems for strengthening the linkage between the performance of General Schedule employees and their pay. (c) Membership.— The members of the Committee shall be— (1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee’s education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively; (2) an employee of the Office of Personnel Management, designated by the Director of such Office; (3) an employee of the Department of Defense, designated by the Secretary of Defense; (4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and (5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (d) Pay for Members.— The Chairman shall be paid at a rate of basic pay for the Senior Executive Service, to be determined by the Director of the Office of Personnel Management. The members of the Committee who are otherwise employees of the Federal Government shall not receive any additional pay by reason of their service on the Committee. The members of the Committee who are not otherwise employees of the Federal Government shall not be paid for their service on the Committee and shall not be considered employees of the Federal Government for any purpose by reason of their service on the Committee. (e) Administrative Support.— The Office of Personnel Management may provide staff and administrative support for the Committee. (f) Functions.— The Committee shall review available reports and studies on performance evaluation and performance-based pay systems (including a report to be prepared by the National Academy of Sciences) and any other pertinent information. (g) Report to the Office of Personnel Management.— No later than 1 year after the date of enactment of this Act, the Committee shall submit a report to the Director of the Office of Personnel Management, which shall include recommendations as to— (1) the types of pay raises to be covered; (2) guidelines for pay-for-performance systems, including the criteria to be used in determining eligibility for and the amount of increases in basic pay above the midpoint of the pay range; (3) the role organization performance should play in pay-for-performance systems; (4) any differences in pay-for-performance systems for different categories of employees; (5) the role for employee organizations in the implementation and operation of pay-for-performance systems; and (6) whether demonstration projects on pay-for-performance are desirable. SEC. 112. POSITION TITLES IN CERTAIN DEPARTMENTS. (a) Change in Position Title.— (1) The position of Under Secretary of Health and Human Services, established by section 2 of Reorganization Plan No. 1 of 1953 (67 Stat. 631), is retitled the Deputy Secretary of Health and Human Services. (2) The Act of May 9, 1935 (49 Stat. 177, 43 U.S.C. 1452) is amended by striking “Under Secretary” and inserting “Deputy Secretary”. (3) The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended— (A) in section 104(3) (20 U.S.C. 3404(3)), by striking “Under Secretary” both places it appears and inserting “Deputy Secretary”; and (B) in section 202(a) (20 U.S.C. 3412(a))— (i) in the first sentence, by striking “an Under Secretary” and inserting “a Deputy Secretary”; and (ii) in subsequent sentences, by striking “Under Secretary” each place it appears and inserting “Deputy Secretary”. (4) The first sentence of section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)) is amended by striking “an Under Secretary” and inserting “a Deputy Secretary”. (b) Compensation of Deputy Secretaries.— Section 5313 of title 5, United States Code, is amended by adding at the end the following: “Deputy Secretary of Health and Human Services. “Deputy Secretary of the Interior. “Deputy Secretary of Education. “Deputy Secretary of Housing and Urban Development.”. (c) Construction of References.— Any reference in any statute, reorganization plan, regulation, executive order, or any document issued pursuant thereto in force on the date this section takes effect to the Under Secretary of Health and Human Services, the Under Secretary of the Interior, the Under Secretary of Education, or the Under Secretary of Housing and Urban Development shall be deemed to be a reference to the Deputy Secretary of Health and Human Services, the Deputy Secretary of the Interior, the Deputy Secretary of Education, or the Deputy Secretary of Housing and Urban Development, respectively. (d) Conforming Amendments.— Section 5314 of title 5, United States Code, is amended by striking the following: “Under Secretary of Health and Human Services. “Under Secretary of the Interior. “Under Secretary of Education. “Under Secretary of Housing and Urban Development.”. (e) Effective Date; Continued Service by Incumbents.— (1) This 20 USC 3404 note. section shall take effect on the first day of the first pay period that begins on or after the date of enactment of this Act. (2) (A) The incumbent in the position of Under Secretary of Health and Human Services on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Health and Human Services at the pleasure of the President after such day. (B) The incumbent in the position of Under Secretary of the Interior on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of the Interior at the pleasure of the President after such day. (C) The incumbent in the position of Under Secretary of Education on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Education at the pleasure of the President after such day. (D) The incumbent in the position of Under Secretary of Housing and Urban Development on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Housing and Urban Development at the pleasure of the President after such day. SEC. 113. DIRECTOR OF THE CENSUS BUREAU. Title 5, United States Code, is amended— (1) in section 5316, by striking the item relating to the Director, Bureau of the Census, Department of Commerce; and (2) in section 5315, by adding at the end the following: “Director, Bureau of the Census, Department of Commerce.”. TITLE II— AMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS SEC. 201. TIME OFF FROM DUTY AS AN INCENTIVE AWARD. Section 4502 of title 5, United States Code, is amended by adding at the end the following new subsection: “(e) (1) Notwithstanding section 4501(2), for the purpose of this subsection, ‘employee’ includes an employee covered by the performance management and recognition system established under chapter 54. “(2) The Office of Personnel Management may by regulation permit agencies to grant employees time off from duty, without loss of pay or charge to leave, as an award in recognition of superior accomplishment or other personal effort that contributes to the quality, efficiency, or economy of Government operations.”. SEC. 202. UNIFORM ALLOWANCES. (a) Amendments to Section 5901 of Title 5, United States Code.— Section 5901(a) of title 5, United States Code, is amended— (1) in the first sentence, by striking “an amount’ through the period and inserting “such sums as may be necessary to carry out this subchapter.”; and (2) by striking “$125 a year” each place it appears and inserting “$400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).”. (b) Amendments to Sections 5902 and 5903 of Title 5, United States Code.— Title 5, United States Code, is amended by striking sections 5902 and 5903 and inserting the following: “§ 5902. Increase in maximum uniform allowance “The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901. “§ 5903. Regulations “The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.”. SEC. 203. DIFFERENTIAL FOR PHYSICAL HARDSHIP OR HAZARD. Section 5545(D) of title 5, United States Code, is amended— (1) in the first sentence, by striking “irregular or intermittent”; and (2) in paragraph (1), by striking “thereof;” and inserting “thereof, except in such circumstances as the Office may by regulation prescribe;”. SEC. 204. EXCEPTION FROM LIMITATION ON PREMIUM PAY. Section 5547 of title 5, United States Code, is amended— (1) in subsection (a), by inserting after “GS-15” the following: “(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)”; and (2) by amending subsection (b) to read as follows: “(b) (1) Subject to regulations prescribed by the Office of Personnel Management, the first sentence of subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency which involves a direct threat to life or property, including a forest wildfire emergency. “(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) if, or to the extent that, the aggregate of such employee’s basic pay and premium pay under these provisions would, in any calendar year, exceed the maximum rate payable for GS-15 in effect at the end of such calendar year.”. SEC. 205. HEALTH CARE POSITIONS. (A) In General.— Section 5371 of title 5, United States Code, is amended to read as follows: “§ 5371. Health care positions “(a) For the purposes of this section, ‘health care’ means direct patient-care services or services incident to direct patient-care services. “(b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 73 of title 38 shall apply— “(1) in lieu of any provision of chapter 51 or 61, or any other provision of this chapter; or “(2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, or this chapter, relates. “(c) Authority under subsection (b) may be exercised with respect to any employee holding a position— (1) to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and (2) which involves health care responsibilities.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5371 and inserting the following: “5371. Health care positions.”. SEC. 206. TRAVEL AND TRANSPORTATION EXPENSES FOR CANDIDATES AND NEW APPOINTEES. (a) Interview Expenses.— (1) Chapter 57 of title 5, United States Code, is amended by inserting after section 5706a the following new section: “§ 5706b. Interview expenses “An individual being considered for employment by an agency may be paid travel or transportation expenses under this subchapter for travel to and from preemployment interviews determined necessary by the agency.”. (2) The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5706a the following new item: “5706b. Interview expenses.”. (b) Other Expenses.— Section 5723(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A), by striking “a position” through “shortage,” and inserting “any position,”; and (2) in subparagraph (C), by striking “the minimum rate of pay prescribed for GS-16; and” and inserting “the minimum rate of pay payable for a position classified above GS-15 pursuant to section 5108; and”. SEC. 207. PERFORMANCE-BASED CASH AWARDS. (a) In General.— Chapter 45 of title 5, United States Code, is amended by inserting after section 4505 the following new section: “§ 4505a. Performance-based cash awards “(a) (1) An employee whose most recent performance rating was at the fully successful level or higher (or the equivalent thereof) may be paid a cash award under this section. “(2) (A) A cash award under this section shall be equal to an amount determined appropriate by the head of the agency, but may not be more than 10 percent of the employee’s annual rate of basic pay. Notwithstanding the preceding sentence, the agency head may authorize a cash award equal to an amount exceeding 10 percent of the employee’s annual rate of basic pay if the agency head determines that exceptional performance by the employee justifies such an award, but in no case may an award under this section exceed 20 percent of the employee’s annual rate of basic pay. “(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304. “(b) (1) A cash award under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. “(2) The failure to pay a cash award under this section, or the amount of such an award, may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(c) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) and (b). “(d) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (c) to prescribe any necessary regulations).”. (b) Table of Sections.— The table of sections for chapter 45 of title 5, United States Code, is amended by inserting after the item relating to section 4505 the following new item: “4505a. Performance-based cash awards.”. SEC. 208. RECRUITMENT. RELOCATION. AND RETENTION PAYMENTS. (a) In General.— Subchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following new sections: “§ 5753. Recruitment and relocation bonuses “(a) The Office of Personnel Management may authorize the head of an agency to pay a bonus to an employee who is newly appointed to a position under the General Schedule, or to an employee under the General Schedule or under any other pay authority in the executive, legislative, or judicial branch who must relocate to accept a position under the General Schedule, if the Office determines that the agency would be likely, in the absence of such a bonus, to encounter difficulty in filling the position. “(b) (1) (A) The amount of a bonus under this section shall be determined by regulations of the Office, but may not exceed 25 percent of the annual rate of basic pay of the position to which the employee is being appointed or relocated. “(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304. “(2) Payment of a bonus under this section shall be contingent Government contracts. upon the employee entering into an agreement with the agency to complete a period of employment with the agency, with the required period determined pursuant to regulations of the Office. If the employee voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the employee shall repay the bonus on a pro rata basis. “(3) A bonus under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. “(4) Under regulations of the Office, a recruitment bonus may be paid to a newly-hired employee before the employee enters on duty. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘a position under the General Schedule’ or ‘an employee under the General Schedule’ shall be considered to be a reference to any position or employee to which subchapter III of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers Regulations. necessary for the administration of subsections (a) through (c). “(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations). “§ 5754. Retention allowances “(a) The Office of Personnel Management may authorize the head of an agency to pay an allowance to an employee under the General Schedule if— “(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee’s services makes it essential to retain the employee; and “(2) the agency determines that the employee would be likely to leave in the absence of a retention allowance. “(b) (1) A retention allowance, which shall be stated as a percentage of the rate of basic pay (excluding any comparability payments under section 5304) of the employee, may not exceed 25 percent of such rate of basic pay. “(2) A retention allowance may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(3) A retention allowance shall be paid at the same time and in the same manner as the employee’s basic pay is paid. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘an employee under the General Schedule’ shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers Regulations. necessary for the administration of subsections (a) through (c). “(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).”. (b) Table of Sections.— The table of sections for chapter 57 of title 5, United States Code, is amended by adding after the item relating to section 5752 the following new items: “5753. Recruitment and relocation bonuses. “5754. Retention allowances. SEC. 209. STAFFING DIFFERENTIALS. (a) In General.— Effective on the first day of the first applicable pay period beginning on or after January 1, 1991, the President may establish staffing differentials equal to 5 percent of basic pay, which may be paid to each General Schedule employee whose position is in— (1) grade GS-5 or 7 of the General Schedule; or (2) a 2-grade-interval occupational series, as determined by the Office of Personnel Management. (b) Manner of Payment; Reduction or Elimination.— A staffing differential under this section— (1) shall be paid in the same manner and at the same time as the employee’s basic pay is paid, but may not be considered to be part of basic pay for any purpose; and (2) may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect, except that no such reduction or elimination shall have the effect of reducing the total amount of pay (determined by adding basic pay and staffing differential) which any employee is receiving. SEC. 210. PREMIUM PAY AMENDMENTS. Subchapter V of chapter 55 of title 5, United States Code, is amended— (1) in section 5542, by adding at the end the following new subsection: “(c) Subsection (a) shall not apply to an employee who is subject to the overtime pay provisions of section 7 of the Fair labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”; (2) in section 5543(a)(1), by inserting after “payment” the following: “under section 5542 or section 7 of the Fair Labor Standards Act of 1938”; and (3) in section 5544, by adding at the end of subsection (a) “This section, other than the sixth sentence, shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”. SEC. 211. SUPERVISORY DIFFERENTIALS. (a) In General.— Subchapter IV of chapter 57 of title 5, United States Code, as amended by section 208, is further amended by adding at the end the following: “§ 5755. Supervisory differentials “(a) (1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee. “(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office. “(b) (1) A supervisory differential, which shall be stated as a percentage of the supervisory employee’s rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employee’s pay to exceed the pay of the highest paid subordinate employee by more than 3 percent. “(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(3) A supervisory differential shall be paid in the same manner and at the same time as the employee’s basic pay is paid. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘an employee under the General Schedule’ shall be considered to be a reference to any employee holding a position to which subchapter HI of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers Regulations. necessary for the administration of this section.”. (b) Technical and Conforming Amendments.— (1) Section 5333 of title 5, United States Code, is amended— (A) in the section heading, by striking “; higher rates for supervisors of prevailing rate employees”; (B) in subsection (a), by striking “(a)”; and (C) by striking subsection (b). (2) The table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5333 and inserting the following: “5333. Minimum rate for new appointments.”. TITLE III— MISCELLANEOUS PROVISIONS SEC. 301. BUDGET ACT COMPLIANCE. For purposes of the Congressional Budget Act of 1974, any authority to make payments under this Act or any amendment made by this Act shall be effective only to the extent provided for in advance in appropriation Acts. SEC. 302. INTERIM GEOGRAPHIC ADJUSTMENTS. (A) Definitions.— For the purpose of this section— (1) the term “area” means any consolidated metropolitan statistical area, primary metropolitan statistical area, or metropolitan statistical area, with at least 5,000 General Schedule employees; and (2) the term “pay relative” shall have the meaning given such term under regulations prescribed by the Bureau of Labor Statistics. (b) Authority.— (1) The President may establish geographic adjustments of up to 8 percent of basic pay which may be paid to each General Schedule employee (including an employee covered by the performance management and recognition system) whose duty station is within any area where such adjustment is needed (as determined under paragraph (2)). (2) In determining areas where an interim geographic adjustment is needed, the President shall consider available evidence of significant pay disparities, including BLS information on pay relatives and relevant commercial surveys, and recruitment or retention problems. (c) Administration.— (1) An adjustment under this section shall be administered, to the extent practicable, in the same manner as locality-based comparability payments under subchapter I of chapter 53 of title 5, United States Code (as amended by this Act), including in terms of— (A) the basic pay to which a percentage is applied in computing an amount payable under this section; (B) the purposes for which any amount under this section is to be considered part of basic pay; (C) the time and manner in which amounts under this section are to be paid (including any maximum rate limitation); and (D) the authority of the President, upon request of an agency head, to extend this section to employees who would not otherwise be covered. (2) No amount payable under this section shall be taken into account in any survey or computation under, or for any other purpose in the administration of, section 5304 of title 5, United States Code (as so amended). (c) Commencement and Termination Rules.— (1) The effective date of an adjustment under this section shall be as determined by the President, but not later than January 1, 1994. (2) (A) The size of any payments under this section may be reduced or terminated after the amendments made by section 101 of this Act take effect, except that the reduction or termination of a payment under this section may not have the effect of reducing, for the individual involved, the total rate at which additional forms of basic pay (as defined in subparagraph (B)) are payable to such individual. (B) The total rate to which subparagraph (A) applies is the sum of— (i) the rate at which comparability payments (under section 5304 of title 5, United States Code, as amended by such Act) are payable; and (ii) the rate at which payments under this section are payable. (d) Employees Receiving Special Pay Rates.— The President (or President. his designated agent) shall determine what, if any, geographic adjustment shall be payable under this section in the case of an employee whose rate of pay is fixed under section 5303 of title 5, United States Code, as in effect before the date of enactment of this Act. (e) Effective Date.— This section shall take effect on the date of enactment of this Act. SEC. 303. PAY RATES FOR CURRENT EMPLOYEES. Nothing in this Act or in any amendment made by this Act shall have the effect of diminishing the rate of basic pay payable to any individual employed by the United States on the date of the enactment of this Act to a rate below the rate payable to such individual on such date, so long as that individual continues in such position without a break in service. SEC. 304. SENIOR BIOMEDICAL RESEARCH SERVICE. (a) In General.— Title II of the Public Health Service Act is amended by adding at the end the following: “Sec. 228. “senior biomedical research service (a) There shall be in the Public Health Service a Senior Establishment. 42 USC 237. Biomedical Research Service (hereinafter in this section referred to as the ‘Service’), not to exceed 350 members at any time. “(b) The Service shall be appointed by the Secretary without regard to the provisions of title 5, United States Code, regarding appointment, and shall consist of individuals outstanding in the field of biomedical research or clinical research evaluation. No individual may be appointed to the Service unless such individual (1) has earned a doctoral level degree in biomedicine or a related field, and (2) meets the qualification standards prescribed by the Office of Personnel Management for appointment to a position at GS-15 of the General Schedule. Notwithstanding any previous applicability to an individual who is a member of the Service, the provisions of subchapter I of chapter 35 (relating to retention preference), chapter 43 (relating to performance appraisal and performance actions), chapter 51 (relating to classification), subchapter III of chapter 53 (relating to General Schedule pay rates), and chapter 75 (relating to adverse actions) of title 5, United States Code, shall not apply to any member of the Service. “(c) The Secretary shall develop a performance appraisal system designed to— “(1) provide for the systematic appraisal of the performance of members, and “(2) encourage excellence in performance by members. “(d) (1) The Secretary shall determine, subject to the provisions of this subsection, the pay of members of the Service. “(2) The pay of a member of the Service shall not be less than the minimum rate payable for GS-15 of the General Schedule and shall not exceed the rate payable for level I of the Executive Schedule unless approved by the President under section 5377(d)(2) of title 5, United States Code. “(e) The Secretary may, upon the request of a member who— “(1) performed service in the employ of an institution of higher education immediately prior to his appointment as a member of the Service, and “(2) retains the right to continue to make contributions to the retirement system of such institution, contribute an amount not to exceed 10 percent per annum of the member’s basic pay to such institution’s retirement system on behalf of such member. A member who requests that such contribution be made shall not be covered by, or earn service credit under, any retirement system established for employees of the United States under title 5, United States Code, but such service shall be creditable for determining years of service under section 6303(a) of such title. “(f) Subject to the following sentence, the Secretary may, notwithstanding the provisions of title 5, United States Code, regarding appointment, appoint an individual who is separated from the Service involuntarily and without cause to a position in the competitive civil service at GS-15 of the General Schedule, and such appointment shall be a career appointment. In the case of such an individual who immediately prior to his appointment to the Service was not a career appointee in the civil service or the Senior Executive Service, such appointment shall be in the excepted civil service and may not exceed a period of 2 years. “(g) The Secretary shall promulgate such rules and regulations, not inconsistent with this section, as may be necessary for the efficient administration of the Service.”. (b) Technical and Conforming Amendments.— Section 211(d) of 42 USC 212. the Public Health Service Act is amended by— (1) striking out “and” at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof and”; and (3) adding at the end thereof a new paragraph as follows: “(4) service performed as a member of the Senior Biomedical Research Service established by section 228, except that, if there are more than 5 years of such service, only the last 5 years thereof may be included.”. (c) Effective Date.— Except as otherwise provided, the provisions of this section shall be effective on the 90th day following the date of the enactment of this Act. SEC. 306. EFFECTIVE DATE. (a) Generally.— Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act. (b) Special Rule.— The first calendar year in which comparability payments under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994. SEC. 306. ADDITIONAL RULE OF CONSTRUCTION. Notwithstanding section 1(b), a reference in any of the preceding provisions of this title to “this Act” (other than a reference in section 301) shall not be considered to include any provision of title IV. TITLE IV— FEDERAL LAW ENFORCEMENT PAY REFORM SEC. 401. SHORT TITLE. This title may be cited as the “Federal Law Enforcement Pay Reform Act of 1990”. SEC. 402. DEFINITION. For the purposes of this title, except as otherwise provided, the term “law enforcement officer” means any law enforcement officer within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code, with respect to whom the provisions of chapter 51 of such title apply. SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS. (a) Notwithstanding the procedures of section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law, higher minimum rates and corresponding increases in all step rates of each designated General Schedule grade shall be established for law enforcement officers in accordance with the provisions of this section. (b) (1) Effective on the first day of the first applicable pay period beginning on or after January 1, 1992, the higher minimum rates to be established are as follows: GS–3 Step 4 GS–4 Step 4 GS–5 Step 4 GS–6 Step 3 GS–7 Step 3 GS–8 Step 3 GS–9 Step 2 GS–10 Step 2 (2) Effective on the first day of the first applicable pay period beginning on or after January 1, 1993, the higher minimum rates to be established are as follows: GS–3 Step 7 GS–4 Step 7 GS–5 Step 8 GS–6 Step 6 GS–7 Step 5 GS–8 Step 3 GS–9 Step 2 GS–10 Step 2 (c) The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the designated grades (except in the case of any law enforcement officer for whom a higher rate is authorized under section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law) in the same manner as rates established under section 5305 of such title, as so amended, and may be increased in accordance with subsection (f) of such section 5305. (d) Any interim entry-level adjustment under section 303 of this Act which a law enforcement officer is receiving shall be eliminated on the day before the effective date of the higher minimum rates under subsection (b)(1). SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN SELECTED CITIES. (a) A law enforcement officer shall be paid any applicable special pay adjustment in accordance with the provisions of this section, but such special pay adjustment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act, any applicable locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and any applicable special rate of pay under section 5305 of such title, as so amended, or any similar provision of law. (b) Except as provided in subsection (a), effective on the first day of the first applicable pay period beginning on or after January 1, 1992, each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a percentage of the officer’s rate of basic pay, as follows: Area Differential Boston-Lawrence-Salem, MA–NH Consolidated Metropolitan Statistical Area , 16% Chicago-Gary-Lake County, IL–IN–W1 Consolidated Metropolitan Statistical Area 4% Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Statistical Area 16% New York-Northern New Jersey-Long Island, NY–NJ–CT Consolidated Metropolitan Statistical Area 16% Philadelphia-Wilmington-Trention, PA–NJ–DE–MD Consolidated Metropolitan Statistical Area 4% San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area 16% San Diego, CA Metropolitan Statistical Area 8% Washington, DC–MD–VA Metropolitan Statistical Area 4% (c) (1) A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and shall be considered part of basic pay to the same degree as such a locality-based comparability payment. (2) The Office of Personnel Management may prescribe such regulations as it considers necessary concerning the payment of special pay adjustments to law enforcement officers under this section. SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS. (a) The appropriate agency head (as defined in subsection (c)) shall prescribe regulations under which the purposes of sections 403 and 404 shall be carried out with respect to individuals holding positions described in subsection (b). (b) This subsection applies with respect to any— (1) member of the United States Secret Service Uniformed Division; (2) member of the United States Park Police; (3) special agent within the Diplomatic Security Service; (4) probation officer (referred to in section 3672 of title 18, United States Code); or (5) pretrial services officer (referred to in section 3153 of title 18, United States Code). (c) For the purposes of this section, the term “appropriate agency head” means— (1) with respect to any individual under subsection (b)(1), the Secretary of the Treasury; (2) with respect to any individual under subsection (b)(2), the Secretary of the Interior; (3) with respect to any individual under subsection (b)(3), the Secretary of State; (4) with respect to any individual under subsection (b)(4) or (b)(5), the Director of the Administrative Office of the United States Courts. SEC. 406. FBI NEW YORK FIELD DIVISION. Notwithstanding section 601(a)(2) of Public Law 100–453, as amended, the Office of Personnel Management shall reduce the rate of periodic payments under such section as the provisions of this Act are implemented: Provided, That no such reduction results in a reduction of the total pay for any employee of the New York Field Division of the Federal Bureau of Investigation. Notwithstanding such section 601(a)(2), the Office of Personnel Management may make such periodic payments inapplicable to employees newly appointed to, or transferred to, the New York Field Division on or after January 1, 1992. SEC. 407. RELOCATION PAYMENTS. Notwithstanding section 5753(b)(1)(A) of title 5, United States Code, as added by this Act, a law enforcement officer whose rate of basic pay is less than $60,000 may receive a relocation payment of up to $15,000 under section 5753. SEC. 408. INCENTIVE BONUS FOR FOREIGN LANGUAGE CAPABILITIES. (a) Chapter 45 of title 5, United States Code, is amended by adding at the end the following: “SUBCHAPTER III— AWARD TO LAW ENFORCEMENT OFFICER FOR FOREIGN LANGUAGE CAPABILITIES “§ 4521. Definition “For the purpose of this subchapter, the term ‘law enforcement officer’ has the same meaning as under section 5949(a). “§ 4522. General provision “An award under this subchapter is in addition to the basic pay of the recipient. “§ 4523. Award authority “(a) An agency may pay a cash award, up to 5 percent of basic pay, to any law enforcement officer employed in or under such agency who possesses and makes substantial use of 1 or more foreign languages in the performance of official duties. “(b) Awards under this section shall be paid under regulations prescribed by the head of the agency involved (or designee thereof). Regulations prescribed by an agency head (or designee) under this Regulations. subsection shall include— “(1) procedures under which foreign language proficiency shall be ascertained; “(2) criteria for the selection of individuals for recognition under this section; and “(3) any other provisions which may be necessary to carry out the purposes of this subchapter.”. (b) The table of sections for chapter 45 of title 5, United States Code, is amended by adding at the end the following: SUBCHAPTER III— AWARDS TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES “4521. Definition. “4522. General provision. “4523. Award authority.”. (c) Section 6401 of the Anti-Drug Abuse Act of 1988 (Public Law 5 USC 5541 note. 100–690; 102 Stat. 4370) is amended— (1) by inserting “(a) In General.—” before the first sentence; and (2) by adding at the end the following: “(b) Limitation.— The provisions of this section shall apply only to an employee who has received a bonus under this section before January 1, 1992. The provisions of subchapter III of chapter 45 of title 5, United States Code, shall apply to any employee who would otherwise be eligible to receive a bonus under this section, on and after such date.”. (d) The amendments made by this section shall be effective on January 1, 1992. SEC. 409. AGE FOR MANDATORY RETIREMENT. (a) Section 8335(b) of title 5, United States Code, is amended— (1) in the first sentence, by striking “law enforcement officer of a”; and (2) by inserting after the first sentence the following: “A law enforcement officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer becomes 57 years of age or completes 20 years of service if then over that age.”. (b) Section 8425(b) of title 5, United States Code, is amended— (1) in the first sentence, by striking “law enforcement officer or” each place it appears; and (2) by inserting after the first sentence the following: “A law enforcement officer who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer become 57 years of age or completes 20 years of service if then over that age.”. (c) For the purposes of this section, the effective date shall be the date of enactment of this Act. SEC. 410. OVERTIME RATES. (a) Section 5542(a) of title 5, United States Code, is amended by adding at the end the following: “(4) Notwithstanding paragraph (2) of this subsection, for an employee who is a law enforcement officer (within the meaning of section 8331(20) or 8401(17)), and whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of— “(A) one and one-half times the minimum hourly rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or “(B) the hourly rate of basic pay of the employee, and all that amount is premium pay.”. (b) Section 5547 of title 5, United States Code, is amended by adding at the end the following: “(c) (1) Subsections (a) and (b) shall not apply to a law enforcement officer. “(2) A law enforcement officer may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) only to the extent that the payment does not cause the officer’s aggregate rate of pay for any pay period to exceed the lesser of— “(A) 150 percent of the minimum rate payable for GS-15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or “(B) the rate payable for level V of the Executive Schedule. “(3) For the purposes of this subsection, ‘law enforcement officer’ means any law enforcement officer within the meaning of section 8331(20) or section 8401(17).”. SEC. 411. OTHER PREMIUM PAY. (a) Section 5541(2)(iv) of title 5, United States Code, is amended to read as follows: “(iv) a member of— “(I) the Metropolitan Police or the Fire Department of the District of Columbia; or “(II) a member of the United States Secret Service Uniformed Division, a member of the United States Park Police, other than for purposes of section 5545(a) and 5546;”. (b) The amendment made by this section shall be effective on Effective date. 5 USC 5541 note. January 1, 1992. SEC. 412. REPORTING REQUIREMENT. Not later than January 1, 1993, the Office of Personnel Management, in consultation with Federal law enforcement agencies and law enforcement employee groups, shall submit to Congress, in writing, a plan to establish a separate pay and classification system for law enforcement officers and specifications for legislation to implement such plan.

5. 1990

   Pub. L. 101–509 § 529(tIV)(s409)(b)(2) · 104 Stat. 1389

   Inserted · 5 U.S.C. § 8425(b)

   Pub. L. 101–509, § 529 [title IV, § 409(b)(2)], inserted after first sentence “A law enforcement officer who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer become 57 years of age or completes 20 years of service if then over that age.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–509, § 529 [title IV, § 409(b)(2)], inserted after first sentence “A law enforcement officer who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer become 57 years of age or completes 20 years of service if then over that age.”

   Enacted provision · exact public law section
   SEC. 529. FEDERAL EMPLOYEES PAY COMPARABILITY ACT OF 1990. SECTION 1. SHORT TITLE; RULES OF CONSTRUCTION. (a) Short Title.— This section, and the sections immediately following this section through section 412, inclusive, may be cited as the “Federal Employees Pay Comparability Act of 1990” (hereinafter in this section referred to as “FEPCA”). (b) Rules of Construction.— (1) Except as otherwise expressly provided, any reference (actual or implicit) in FEPCA (outside of this section) to “this Act” (or to any title, section, or other designated provision of “this Act”) shall be construed to be a reference to FEPCA (or the corresponding provision within FEPCA). (2) Except as otherwise expressly provided, any reference (actual or implicit) in any provision of this Act outside of FEPCA to “this Act” (or to any title, section, or other designated provision of “this Act”), and any reference made in any provision of law outside of this Act to the “Treasury, Postal Service and General Government Appropriations Act, 1991” (or to any title, section, or other designated provision of such Act), shall be construed disregarding the provisions of FEPCA. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: TABLE OF CONTENTS Sec. 1. Short title; rules of construction. Sec. 2. Table of contents. TITLE I— AMENDMENTS RELATING TO BASIC PAY Sec. 101. Annual adjustments to statutory pay rates; locality-based comparability adjustments; other matters. Sec. 102. Pay for positions above GS-15 and certain other positions. Sec. 103. Pay for critical positions. Sec. 104. Administrative law judges and contract appeals board members. Sec. 105. Special occupational pay systems. Sec. 106. Elimination of GS-11 threshold for new appointees to be paid above minimum rates. Sec. 107. Advances of pay. Sec. 108. Reemployment of retirees. Sec. 109. New pay structure for the police forces of the Bureau of Engraving and Printing and the United States Mint. Sec. 110. Compensation of standing trustees appointed under titles 11 and 28, United States Code. Sec. 111. Pay-for-performance labor-management committee. Sec. 112. Position titles in certain departments. Sec. 113. Director of the Census Bureau. TITLE II— AMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS Sec. 201. Time off from duty as an incentive award. Sec. 202. Uniform allowances. Sec. 203. Differential for physical hardship or hazard. Sec. 204. Exception from limitation on premium pay. Sec. 205. Health care positions. Sec. 206. Travel and transportation expenses for candidates and new appointees. Sec. 207. Performance-based cash awards. Sec. 208. Recruitment, relocation, and retention payments. Sec. 209. Staffing differentials. Sec. 210. Premium pay amendments. Sec. 211. Supervisory differentials. TITLE III— MISCELLANEOUS PROVISIONS Sec. 301. Budget Act compliance. Sec. 302. Interim geographic adjustments. Sec. 303. Pay rates for current employees. Sec. 304. Senior Biomedical Research Service. Sec. 305. Effective date. Sec. 306. Additional rule of construction. TITLE IV— FEDERAL LAW ENFORCEMENT PAY REFORM Sec. 401. Short title. Sec. 402. Definition. Sec. 403. Special rates for law enforcement officers. Sec. 404. Special pay adjustments for law enforcement officers in selected cities. Sec. 405. Same benefits for other law enforcement officers. Sec. 406. FBI New York Field Division. Sec. 407. Relocation payments. Sec. 408. Incentive bonus for foreign language capabilities. Sec. 409. Age for mandatory retirement. Sec. 410. Overtime rates. Sec. 411. Other premium pay. Sec. 412. Reporting requirement. TITLE I— AMENDMENTS RELATING TO BASIC PAY SEC. 101. ANNUAL ADJUSTMENTS TO STATUTORY PAY RATES; LOCALITY-BASED COMPARABILITY PAYMENTS; OTHER MATTERS. (a) Generally.— (1) Subchapter I of chapter 53 of title 5, United States Code, is amended to read as follows: “SUBCHAPTER I— PAY COMPARABILITY SYSTEM “§ 5301. Policy “It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that— “(1) there be equal pay for substantially equal work within each local pay area; “(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions; “(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and “(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated. “§ 5302. Definitions “For the purpose of this subchapter— “(1) the term ‘statutory pay system’ means a pay system under— “(A) subchapter III, relating to the General Schedule; “(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or “(C) chapter 73 of title 38, relating to the Veterans Health Services and Research Administration; “(2) the term ‘ECI’ means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; “(3) the ‘base quarter’ for any year is the 3-month period ending on September 30 of such year; “(4) the term ‘pay agent’ means the agent designated by the President under section 5304(d)(1); “(5) the term ‘locality’ or ‘pay locality’ means any locality, as established or modified under section 5304; “(6) the term ‘pay disparity’, as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality; “(7) the term ‘comparability payment’ means a payment payable under section 5304; “(8) the term ‘rates of pay under the General Schedule’, ‘rates of pay for the General Schedule’, or ‘scheduled rates of basic pay’ means— “(A) the rates of basic pay set forth in the General Schedule; and “(B) in the case of an employee covered by the performance management and recognition system, the rates of basic pay under chapter 54; and “(9) the term ‘General Schedule position’ means any position to which subchapter III applies (including any position under the performance management and recognition system). “§ 5303. Annual adjustments to pay schedules “(a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). “(b) (1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall— “(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and “(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect. “(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures. “(3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government’s ability to recruit and retain well-qualified employees. “(c) The rates of basic pay that take effect under this section— “(1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and “(2) shall be printed in the Federal Register and the Code of Federal Regulations. “(d) An increase in rates of basic pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335. “(e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action. “(f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability payment payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. “(g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate. “§ 5304. Locality-based comparability payments “(a) Pay disparities shall be identified and reduced as follows: “(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent. “(2) (A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year. “(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. “(3) Subject to paragraphs (4) and (5), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparative payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that— “(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than ⅖ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than ½ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less than ⅗ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than 7/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than ⅘ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than 9/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent; “(4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality’s pay disparity completely. “(b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining payable). “(c) (1) The amount of the comparability payment payable within any particular locality during a calendar year— “(A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and “(B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employee’s scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g). “(2) A comparability payment— “(A) shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and premium pay under subchapter V of chapter 55, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe; and “(B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section. “(3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303. “(4) (A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section. “(B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(1)(A), be included within a pay locality. “(d) In order to carry out this section, the President shall— President. “(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 13 months before the start of the calendar year for purposes of which it is prepared), a report that— “(A) compares the rates of pay under the General Schedule with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate annual surveys that shall be conducted by the Bureau of Labor Statistics; “(B) based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability payments payable); “(C) makes recommendations for appropriate comparability payments, in conformance with applicable requirements of this section; and “(D) includes the views and recommendations submitted under subsection (e); “(2) after considering the report of his agent (including the views and recommendations referred to in subsection (e)(2)(C), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and “(3) transmit to Congress a report of the actions taken under Reports. paragraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C) which shall— “(A) identify each pay locality; “(B) specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agent’s most recent report under paragraph (1) (before and after taking into consideration any comparability payments payable); and “(C) indicate the size of the respective comparability payments (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year. “(e) (1) The President shall establish a Federal Salary Council of 9 President. members, of whom— “(A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and “(B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347(a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council. “(2) The pay agent shall— “(A) provide for meetings with the Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding— “(i) the establishment or modification of pay localities; “(ii) the coverage of the annual survey conducted by the Bureau of Labor Statistics under subsection (d)(1)(A) (including, but not limited to, the occupations, establishment sizes, and industries, to be surveyed, and how pay localities are to be surveyed); “(iii) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and “(iv) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of this section; “(B) give thorough consideration to the views and recommendations of employee organizations not represented on the Council regarding the subjects in subparagraph (A)(i)-–iv); and “(C) include in its report to the President the views and recommendations submitted as provided in this subsection by the Council, by any member of the Council, and by employee organizations not represented on the Council. “(f) (1) The pay agent may provide for such pay localities as the pay agent considers appropriate, except that— “(A) each General Schedule position (excluding any outside the continental United States, as defined in section 5701(6)) shall be included with a pay locality; and “(B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers. “(2) (A) The establishment or modification of any such boundaries shall be effected by regulations which, notwithstanding subsection (a)(2) of section 553, shall be promulgated in accordance with the notice and comment requirements of such section. “(B) Judicial review of any regulation under this subsection shall be limited to whether or not it was promulgated in accordance with the requirements referred to in subparagraph (A). “(g) (1) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. “(2) For positions under subparagraphs (A)-(E) of subsection (h)(1), the applicable maximum under this subsection shall be level III of the Executive Schedule. “(h) (1) For the purpose of this subsection, the term ‘position’ means— “(A) a position to which section 5376 applies (relating to certain senior-level positions); “(B) a Senior Executive Service position under section 3132; “(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151; “(D) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105); “(E) a position to which section 5372a applies (relating to contract appeals board members); and “(F) a position within an Executive agency not covered under any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) less than the rate payable for level V of the Executive Schedule; but does not include— “(i) a position to which subchapter IV applies (relating to prevailing rate systems); or “(ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions). “(2) (A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments. “(B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover— “(i) with respect to the positions under subparagraphs (A) through (E) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i) or (ii) of such paragraph); and “(ii) with respect to positions under paragraph (1)(F), such positions as may be considered appropriate (excluding any under clause (i) or (ii) of paragraph (1)). “(3) Comparability payments under this subsection— “(A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality; “(B) shall be payable, within the locality involved, for the entirety of each calendar year for which authority is granted by the President; “(C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to General Schedule positions within the same locality; and “(D) shall be subject to the applicable limitation under subsection (g). “(i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees. “§ 5304a. Authority to fix an alternative level of comparability payments “(a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the level of comparability payments which would otherwise be payable under section 5304 in any year to be inappropriate, the President shall— “(1) prepare and transmit to Congress, at least 1 month before those comparability payments (disregarding this section) would otherwise become payable, a report describing the alternative level of payments which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and “(2) implement the alternative level of payments beginning on the same date as would otherwise apply, for the year involved, under section 5304. “(b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303(b) shall apply with respect to any decision to exercise any authority to fix an alternative level of comparability payments under this section. “§ 5305. Special pay authority “(a) Whenever the President finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped, due to any of the circumstances described in subsection (b), he may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of basic pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum pay rate prescribed by statute for the grade or level by more than 30 percent, and no rate may be established under this section (disregarding any amount payable under subsection (g)) in excess of the rate of basic pay payable for level V of the Executive Schedule. The President may authorize the exercise of the authority conferred on him by this section by the Office of Personnel Management or, in the case of individuals not subject to the provisions of this title governing appointment in the competitive service, by such other agency as he may designate. “(b) The circumstances referred to in subsection (a) are— “(1) rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved; “(2) the remoteness of the area or location involved; “(3) the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or “(4) any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) considers appropriate. “(c) Authority under subsection (a) may be exercised with respect to positions paid under— “(1) a statutory pay system; or “(2) any other pay system established by or under Federal statute for civilian positions within the executive branch. “(d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the President or by such agency as he may designate. The actions and revisions have the force and effect of statute. “(e) An increase in a rate of basic pay established under this section is not an equivalent increase in pay within the meaning of section 5335. “(f) The rate of basic pay established under this section and received by an individual immediately before a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate. “(g) (1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of basic pay established under this section to such extent as the President (or his designated agency) considers appropriate, subject to paragraph (2) and subsection (h). “(2) Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. “(h) The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such individual (taking comparability payments under section 5304 into account) if this section had never been enacted. “§ 5306. Pay fixed by administrative action “(a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31— “(1) the rates of pay of— “(A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter; “(B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b-3 of title 40, and the Superintendent of Garages, House office buildings; and “(C) persons employed by the county committees established under section 590h(b) of title 16; and “(2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1); may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate— “(i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay; “(ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or “(iii) in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303. “(b) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate. “(c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices. “(d) This section does not impair any authority under which rates of pay may be fixed by administrative action. “(e) Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. “§ 5307. Limitation on certain payments “(a) Except as otherwise permitted by or under law, no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause to the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year. “(b) (1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year. “(2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying the limitations under subsection (a) with respect to such calendar year. “(3) Paragraph (1) shall not apply to an amount if, or to the extent that, it is attributable to a payment the authority for which would derive from section 4505a(d), 5753(e), or 5754(e). “(c) The Office of Personnel Management shall prescribe such Regulations. regulations as may be necessary to carry out this section, including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by striking the matter relating to subchapter I and inserting the following new matter: “SUBCHAPTER I— PAY COMPARABILITY SYSTEM “Sec. “5301. Policy. “5302. Definitions. “5303. Annual adjustments to pay schedules. “5304. Locality-based comparability payments. “5304a. Authority to fix an alternative level of comparability payments. “5305. Special pay authority. “5306. Pay fixed by administrative action. “5307. Limitation on certain payments.”. (b) Technical and Conforming Amendments.— (1) Section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3963) is amended by striking “subchapter I of chapter 53” and inserting “section 5303”. (2) (A) Section 256(g)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(2)(A)) is amended by striking “5301(c)” and inserting “5302(1)”. (B) Section 732(b)(6) of title 31, United States Code, is amended by striking “5301(a)” and inserting “5301”. (3) (A) Section 3326(b)(2) of title 5, United States Code, is amended by striking “5303” and inserting “5305”. (B) Section 5363(a)(2) of title 5, United States Code, is amended by striking “5303 of this title;” and inserting “5305 of this title (or corresponding prior provision of this title);”. (C) Section 5405(f) of title 5, United States Code, is amended— (i) by striking “5303 of this title,” and inserting “5305 of this title (or corresponding prior provision of this title),”; and (ii) by striking “such section 5303.” and inserting “such section 5305 (or corresponding prior provision).”. (D) Section 325(b)(2) of title 31, United States Code, is amended by striking “(except section 5303),” and inserting “(except section 5305, or corresponding prior provision of such title),”. (E) Sections 5542(a), 5543, and 5545(c)(1) of title 5, United States Code, are amended by inserting after “GS–10” each place it occurs the following: “(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)”. (4) (A) Section 5318 of title 5, United States Code, is amended by striking “5305” and inserting “5303”. (B) Section 5382(c) of title 5, United States Code, is amended— (i) in the first sentence, by striking “5305” and inserting “5303”; and (ii) by striking the second sentence. (C) Section 5403(a) of title 5, United States Code, is amended by striking “5305” and inserting “5303”. (D) Section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended by striking “5305” and inserting “5303”. (E) Section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a–1) is amended by striking “5305” each place it appears and inserting “5303”. (F) Section 5 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a–2) is amended— (i) in subsection (a) (in the matter before paragraph (1)), by striking “(a)” through “then” and inserting “(a) Whenever an adjustment under section 5303 becomes effective with respect to rates of pay under the General Schedule,”; (ii) in subsection (a)(1)(A), by striking “pay adjustment by the President);” and inserting “adjustment);”; and (iii) in subsection (a)(1) (in the matter after subparagraph (B)), by striking “pay adjustment made by the President;” and inserting “adjustment under such section 5303;”. (G) The provisions of House Resolution 1495, Ninety-fourth Congress (as enacted into law by section 115 of the Legislative Branch Appropriations Act, 1978 (2 U.S.C. 84a–1)) is amended by striking “5305” each place it appears and inserting “5303”. (H) Section 256(g)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(1)) is amended— (i) by inserting “(as increased by any amount payable under section 5304 of title 5, United States Code, or section 302 of the Federal Employees Pay Comparability Act of 1990)” after “any such statutory pay system”; and (ii) by striking “5305” and inserting “5303”. (I) Section 104 of title 3, United States Code, is amended by striking “5305” and inserting “5303”. (J) Section 461(a) of title 28, United States Code, is amended by striking “5305” and inserting “5303”. (K) Section 338A(g)(3) of the Public Health Service Act (42 U.S.C. 2541(g)(3)) is amended by striking “(as set forth in the report transmitted to the Congress under section 5305 of title 5, United States Code)” and inserting “(under section 5303 of title 5, United States Code)”. (5) The second proviso under the head “Senate Office Buildings” contained in the Legislative Branch Appropriation Act, 1972, as amended by Public Law 94–59 (40 U.S.C. 174j–8) is amended by striking “5307” and inserting “5306”. (6) (A) Section 5382(b) of title 5, United States Code, is amended by striking “5308” and inserting “5306(e)”. (B) Section 8431 of title 5, United States Code, is amended by striking “5308” and inserting “5303(e), 5304(g),”. (C) Section 9314 of title 10, United States Code, is amended by striking “5308” and inserting “5306(e)”. (7) Section 5383(b)(1) of title 5, United States Code, is amended by striking “5304(j),” after “4507,”. (8) (A) Section 207 of title 18, United States Code, as amended by section 101 of Public Law 101–194 (103 Stat. 1716) and section 2 of Public Law 101–280 (104 Stat. 149) is amended— (i) in subsection (c)(2) by striking subparagraph (A)(ii) and inserting the following: “(ii) employed in a position which is not referred to in clause (i) and for which the basic rate of pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the rate of basic pay payable for level V of the Executive Schedule;”; and (ii) in subsection (e) by striking paragraph (6) and inserting the following: “(6) Limitation on restrictions.— (A) The restrictions contained in paragraphs (2), (3), and (4) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee’s service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed. “(B) The restrictions contained in paragraph (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee’s service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the basic rate of pay payable for level V of the Executive Schedule.”. (B) The amendments made by subparagraph (A) take effect Effective date. 18 USC 207 note. on January 1, 1991. (9) (A) Section 3132(a)(2) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18 of the General Schedule” and inserting “classified above GS–15 pursuant to section 5108”. (B) Section 3304a(a) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18)” and inserting “in a position classified above GS–15 pursuant to section 5108)”. (C) (i) Section 3324(a) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18” and inserting “classified above GS–15 pursuant to section 5108”. (ii) The heading for such section 3324 is amended by striking “at GS–16, 17, or 18” and inserting “to positions classified above GA-15”. (iii) The table of sections for chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3324 and inserting the following: “3324. Appointments to positions classified above GS–15.”. (D) Section 3405(b) of title 5, United States Code, is amended by striking “fixed for GS–16 of the General Schedule.” and inserting “payable under section 5376.”. (E) Section 3594(c)(1)(A) of title 5, United States Code, is amended by striking “at GS–15 or above of the General Schedule” and inserting “at GS–15 of the General Schedule or classified above GS- 15 pursuant to section 5108,”. (F) Section 5102(c)(25) of title 5, United States Code, is amended by striking “maximum rate for GS–18;” and inserting “rate for level V of the Executive Schedule;”. (G) Section 5109(b) of title 5, United States Code, is amended by striking “is classified at GS–18” through the period and inserting “shall be considered a position classified above GS–15 pursuant to section 5108.”. (H) Section 5373 of title 5, United States Code, is amended by striking “maximum rate for GS–18.” and inserting “rate for level IV of the Executive Schedule.”. (I) The first sentence of section 5382(b) of title 5, United States Code, is amended by striking “for GS–16 of the General Schedule” and inserting “under section 5376”. (J) Section 5595(a)(2)(i) of title 5, United States Code, is amended— (i) by striking “employee, other” and inserting “employee (other”; (ii) by inserting “or an employee whose pay is fixed under section 5376)” before “whose rate”; and (iii) by striking “GS–18;” and inserting “the Executive Schedule;”. (K) Section 8476(d)(1) of title 5, United States Code, is amended by striking “grade GS–18 of the General Schedule” and inserting “level IV of the Executive Schedule”. (10) Section 3(b) of Public Law 92–298 and section 14(b) of Public Law 92–392 shall be treated as if (as of their respective dates of enactment) the phrase “to read as follows:” contained in each, had instead read “by striking the matter before subparagraph (A) and inserting the following:”. (c) Other References.— Until otherwise provided by law— (1) any reference in a provision of law (which is outside title 5, United States Code, and in effect immediately before this section takes effect, excluding any reference in a provision of law amended by this Act)— (A) (i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section 102(a)); (ii) to the minimum rate of pay for grade GS–16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section 102(a)); and (iii) to a rate of pay for grade GS–16 or 17 of the General Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS–15 pursuant to section 5108 of such title (as amended by section 102(b)(2)); and (B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section 302; and (2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with chapter 51 and subchapter III of chapter 53 of such title— (A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section 302; but (B) shall be considered to include authority under section 5376 of such title (as amended by section 102(a)), if applicable. (d) Regulations.— The Office of Personnel Management may prescribe regulations, consistent with subsection (c)(1)(B) and section 303, governing the conversion or adjustment of rates of pay, where necessary because of the abolishment of grades GS–16, 17, and 18 of the General Schedule. (e) Sense of Congress.— It is the sense of the Congress that the total funds dedicated to adjustments under sections 5303 and 5304 for any year be no less than the total funds that would have been dedicated to adjustments under such section 5303 for such year had the full change in the ECI been applied to pay rates for such year. SEC. 102. PAY FOR POSITIONS ABOVE GS-15 AND CERTAIN OTHER POSITIONS. (a) In General.— (1) Subchapter VII of chapter 53 of title 5, United States Code, is amended by adding after section 5375 the following new section: “§ 5376. Pay for certain senior-level positions “(a) This section applies to— “(1) positions that are classified above GS-15 pursuant to section 5108; and “(2) scientific or professional positions established under section 3104; but does not apply to— “(A) any Senior Executive Service position under section 3132; or “(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. “(b) (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— “(A) not less than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and “(B) not greater than the rate of basic pay payable for level IV of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. “(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5375 the following new item: “5376. Pay for certain senior-level positions.”. (b) Amendments to Chapter 51 of Title 5, United States Code.— (1) Section 5104 of title 5, United States Code, is amended— (A) in the second sentence, by striking “18”; and (B) by striking paragraphs (16) through (18). (2) Section 5108 of title 5, United States Code, is amended to read as follows: “§ 5108. Classification of positions above GS–15 “(a) The Office of Personnel Management may, for any Executive agency— “(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS-15; and “(2) establish standards and procedures (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS-15; “(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”. (c) Exclusion From Subchapter III of Chapter 53.— Section 5331(b) of title 5, United States Code, is amended to read as follows: “(b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.”. SEC. 103. PAY FOR CRITICAL POSITIONS. (a) In General.— Subchapter VII of chapter 53 of title 5, United States Code, is amended by section 102, is further amended by adding at the end the following new section: “§ 5377. Pay authority for critical positions “(a) For the purpose of this section— “(1) the term ‘agency’ has the meaning given it by section 5102; and “(2) the term ‘position’ means— “(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; “(B) a position under the Executive Schedule under sections 5312–5317; “(C) a position to which section 5372 applies (or would apply, but for this section); and “(D) a position to which section 5372a applies (or would apply, but for this section). “(b) Authority under this section— “(1) may be granted or exercised only with respect to a position— “(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and “(B) which is critical to the agency’s successful accomplishment of an important mission; and “(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. “(c) The Office of Management and Budget, in consultation with the Office of Personnel Management, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. “(d) (1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted. “(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President. “(e) The authority to fix the rate of basic pay under this section for a position shall terminate— “(1) whenever the Office of Management and Budget determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or “(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year. “(f) The Office of Management and Budget may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II. “(g) The Office of Management and Budget shall consult with the Office of Personnel Management before prescribing regulations under this section or making any decision to grant or terminate any authority under this section. “(h) The Office of Management and Budget shall report to the Reports. Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include— “(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and “(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, as amended by section 102, is further amended by adding at the end the following new item: “5377. Pay authority for critical positions.”. SEC. 104. ADMINISTRATIVE LAW JUDGES AND CONTRACT APPEALS BOARD MEMBERS. (a) Pay Provisions.— (1) Section 5372 of title 5, United States Code, is amended to read as follows: “§ 5372. Administrative law judges “(a) For the purposes of this section, the term ‘administrative law judge’ means an administrative law judge appointed under section 3105. “(b) (1) There shall be 3 levels of basic pay for administrative law judges (designated as AL-1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section. The rates of basic pay for those levels shall be as follows: “AL–3, rate A 65 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate B 70 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate C 75 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate D 80 percent of the rate of baste pay for level IV of the Executive Schedule. “AL–3, rate E 85 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate F 90 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–2 95 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–1 The rate of basic pay for level IV of the Executive Schedule. “(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level. “(3) (A) Upon appointment to a position in AL-3, an administrative law judge shall be paid at rate A of AL-3, and shall be advanced successively to rates B, C, and D of that level upon completion of 52 weeks of service in the next lower rate, and to rates E and F of that level upon completion of 104 weeks of service in the next lower rate. “(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL-3 at an advanced rate under such circumstances as the Office may determine appropriate. “(c) The Office of Personnel Management shall, prescribe regulations necessary to administer this section.”. (2) Subchapter VII of chapter 53 of title 5, United States Code, is amended by inserting before section 5373 the following new section: “§ 5372a. Contract appeals board members “(a) For the purpose of this section— “(1) the term ‘contract appeals board member’ means a member of an agency board of contract appeals appointed under section 8 of the Contract Disputes Act of 1978; and “(2) the term ‘appeals board’ means an agency board of contract appeals established pursuant to section 8 of the Contract Disputes Act of 1978. “(b) Rates of basic pay for contract appeals board members shall be as follows: “(1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule. “(2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1). “(3) Other members of an appeals board—94 percent of the rate under paragraph (1). “(c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, is amended by inserting before the item relating to section 5373 the following new item: “5372a. Contract appeals board members.”. (c) Amendments to 5 U.S.C. 5311.— Section 5311 of title 5, United States Code, is amended— (1) by striking subsection (b); and (2) in subsection (a), by striking “(a)”. (d) Technical and Conforming Amendments.— (1) Section 5102(c) of title 5, United States Code, is amended— (A) in paragraph (27), by striking “or”; (B) in paragraph (28), by striking the period and inserting a semicolon; and (C) by adding at the end the following new items: “(29) administrative law judges appointed under section 3105; or “(30) members of agency boards of contract appeals appointed under section 8 of the Contract Disputes Act of 1978.”. (2) Section 5335(a)(B) of title 5, United States Code, is amended by striking “, except an administrative law judge appointed under section 3105 of this title,”. (3) Section 428(b) of the Black Lung Benefits Act (30 U.S.C. 938(b)) is amended by striking the sentence beginning “Each administrative law judge presiding” and inserting “Each administrative law judge presiding under this section and under the provisions of titles I, II and III of this Act shall receive compensation at a rate determined under section 5372 of title 5, United States Code.”. (4) Section 8(b) of the Contract Disputes Act of 1978 is amended— 41 USC 607. (A) in paragraph (1), by striking the last 2 sentences thereof and inserting the following: “Compensation for the chairman, the vice chairman, and all other members of an agency board shall be determined under section 5372a of title 5, United States Code.”; and (B) in paragraph (2), by striking the last 2 sentences thereof and inserting the following: “The chairman and all other members of such board shall receive compensation, at the daily equivalent of the rates determined under section 5372a of title 5, United States Code, for each day they are engaged in the actual performance of their duties as members of the board.”. (e) Conversion Rule for ALJs.— In making initial pay adjustments 5 USC 5372 note. for administrative law judges after this section and the amendments made by this section take effect, the rate of basic pay for any such judge shall, upon conversion to the new pay system, be at least equal to the rate which was payable to that individual immediately before such conversion. SEC. 105. SPECIAL OCCUPATIONAL PAY SYSTEMS. (a) In General.— (1) Chapter 53 of title 5, United States Code, is amended by inserting after subchapter VIII the following new subchapter: “SUBCHAPTER IX— SPECIAL OCCUPATIONAL PAY SYSTEMS “5391. Definitions. “5392. Establishment of special occupational pay systems. “§ 5391. Definitions “For the purposes of this subchapter, ‘agency’, ‘employee’, and ‘position’ have the meanings given them by section 5102. “§ 5392. Establishment of special occupational pay systems “(a) Authority under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section). “(b) Subject to subsection (a), the President’s pay agent (as referred to in section 5304(d)) may establish one or more special occupational pay systems for any positions within occupations or groups of occupations that the pay agent determines, for reasons of good administration, should not be classified under chapter 51 or subject to subchapter III. “(c) In establishing special occupational pay systems, the pay agent shall— “(1) identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately; “(2) consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations; “(3) give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties; “(4) publish a proposed plan for determining the pay of such employees in the Federal Register; “(5) conduct one or more public hearings; “(6) provide each House of Congress with a report at least 90 days in advance of the date the system is to take effect setting forth the details of the proposed plan; and “(7) not later than 30 days before the date the system is to take effect, publish in the Federal Register the details of the final plan for the special occupational pay system. “(d) A special occupational pay system may not— “(1) provide for a waiver of any law, rule, or regulation that could not be waived under section 4703(c); or “(2) provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule. “(e) Subject to subsection (d)(2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding at the end the following new matter: “SUBCHAPTER IX— SPECIAL OCCUPATIONAL PAY SYSTEMS “Sec. “5391. Definitions. “5392. Establishment of special occupational pay systems.”. (b) Pay Retention.— (1) Section 5361(5) of title 5, United States Code, is amended by inserting “a special occupational pay system under subchapter IX,” before “or”. (2) Section 5363(a) of title 5, United States Code, is amended— (A) in paragraph (2), by striking “or” after the semicolon; (B) in paragraph (3), by inserting “or” after the semicolon; and (C) by inserting after paragraph (3) the following new paragraph: “(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53;”. SEC. 106. ELIMINATION OF GS-11 THRESHOLD FOR NEW APPOINTEES TO BE PAID ABOVE MINIMUM RATES. Section 5333(a) of title 5, United States Code, is amended by striking “in GS-11 or above”. SEC. 107. ADVANCES OF PAY. (a) In General.— Subchapter III of chapter 55 of title 5, United States Code, is amended by inserting after section 5524 the following new section: “§ 5524a. Advance payments for new appointees “(a) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency. “(b) (1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed. “(2) The head of each agency shall provide for— “(A) the review of the account of each employee of the agency in receipt of any payment under this section; and “(B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee’s appointment during each period in the position to which appointed. “(c) An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employee’s estate by— “(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and “(2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.”. (b) Table of Sections.— The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5524 the following new item: “5524a. Advance payments for new appointees.”. SEC. 108. REEMPLOYMENT OF RETIREES. (a) Amendment to 5 U.S.C. 5532.— Section 5532 of title 5, United States Code, is amended by adding at the end the following new subsection: “(g) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).”. (b) Amendment to 5 U.S.C. 8344.— Section 8344 of title 5, United States Code, is amended by adding at the end the following new subsection; “(i) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of this chapter or chapter 84 while such waiver is in effect (c) Amendment to 5 U.S.C. 8468.— Section 8468 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(f) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of chapter 83 or this chapter while such waiver is in effect”. SEC. 109. NEW PAY STRUCTURE FOR THE POLICE FORCES OF THE BUREAU OF ENGRAVING AND PRINTING AND THE UNITED STATES MINT. (a) Amendments.— (1) (A) Subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new section: “§ 5378. Police forces of the Bureau of Engraving and Printing and the United States Mint “(a) The Secretary of the Treasury shall fix the rates of basic pay for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint in accordance with the following: “(1) Entry-level police officer—not more than the maximum rate payable for GS-6. “(2) Journeyman-level police officer—not more than the maxi-mum rate payable for GS-7. “(3) Corporal—not more than the maximum rate payable for GS-8. “(4) Sergeant—not more than the maximum rate payable for GS-9. “(5) Lieutenant—not more than the maximum rate payable for GS-10. “(6) Deputy Inspector—not more than the maximum rate payable for GS-11. “(7) Inspector—not more than the maximum rate payable for GS-12. “(b) For the purpose of this section, the term ‘police forces of the Bureau of Engraving and Printing and the United States Mint’ means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.”. (B) The table of sections for subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new item: “5378. Police forces of the Bureau of Engraving and Printing and the United States Mint”. (2) Section 5102(c)(5) of title 5, United States Code, is amended— (A) by striking “and members” and inserting “members”; and (B) by adding “and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title;” after the last semicolon. (b) Special Pay Rates Not Affected.— Nothing in this section or 5 USC 5378 note. in any amendment made by this section shall— (1) affect any special pay rate under section 5305 of title 5, United States Code, established before this section takes effect; or (2) impair any authority to fix or adjust special pay rates under such section 5305 (or a succeeding provision of law) for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint. (c) Effective Date; Conversion and Savings Provisions.— (1) This section and the amendments made by this section shall become effective on the first day of the first applicable pay period beginning on or after the 30th day following the date of enactment of this Act. (2) (A) A special pay rate (as defined in subparagraph (B)) shall apply to an individual holding a position if— (i) as a result of the initial exercise of authority with respect to such position under the amendment made by subsection (a)(1)(A), such individual would (but for this paragraph) be paid— (I) at the step of the grade for which such special pay rate is then in effect; or (II) at a level which is between steps for which special pay rates are then in effect; and (ii) such position is within the area or location with respect to which that special pay rate or those special pay rates, as applicable, are then in effect. Regulations. The Secretary of the Treasury shall prescribe regulations for determining which special pay rate shall apply in a situation described in clause (i)(II). (B) For the purpose of this paragraph, the term “special pay rate” means a rate which— (i) is established under section 5303 of title 5, United States Code (or a succeeding provision of law); (ii) is applicable to positions within the police forces of the Bureau of Engraving and Printing and the United States Mint; and (iii) has been in effect (including any adjustments under section 5303(d) of such title) since on or before the effective date of this section. (3) No rate of basic pay in effect immediately before this section takes effect shall be reduced by reason of the enactment of this section. SEC. 110. COMPENSATION OF STANDING TRUSTEES APPOINTED UNDER TITLES 11 AND 28, UNITED STATES CODE. (a) Compensation.— Section 586(e)(1)(A) of title 28, United States Code, is amended to read as follows: “(A) a maximum annual compensation for such individual consisting of— “(i) an amount not to exceed the highest annual rate of basic pay in effect for level V of the Executive Schedule; and “(ii) the cash value of employment benefits comparable to the employment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and”. (b) Application to All Standing Trustees.— The amendment made by subsection (a) shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99–54; 100 Stat. 3121) apply. SEC. 111. PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE. (a) Policy.— It is the policy of Congress that— (1) the Federal Government should institute systems for determining pay for its General Schedule employees under which the linkage between their performance and their pay will be strengthened; (2) the design of such systems should be developed by the Office of Personnel Management, in conjunction with the Pay-for-Performance Labor-Management Committee; (3) the systems should provide flexibility to adapt to the different needs of different agencies and organizational components in the Federal Government; and (4) any legislation needed to implement the systems should be enacted in a timely fashion so as to permit implementation of the system by October 1, 1993. (b) Establishment.— The Office of Personnel Management shall establish a Pay-for-Performance Labor-Management Committee to advise the Office on the design and establishment of systems for strengthening the linkage between the performance of General Schedule employees and their pay. (c) Membership.— The members of the Committee shall be— (1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee’s education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively; (2) an employee of the Office of Personnel Management, designated by the Director of such Office; (3) an employee of the Department of Defense, designated by the Secretary of Defense; (4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and (5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (d) Pay for Members.— The Chairman shall be paid at a rate of basic pay for the Senior Executive Service, to be determined by the Director of the Office of Personnel Management. The members of the Committee who are otherwise employees of the Federal Government shall not receive any additional pay by reason of their service on the Committee. The members of the Committee who are not otherwise employees of the Federal Government shall not be paid for their service on the Committee and shall not be considered employees of the Federal Government for any purpose by reason of their service on the Committee. (e) Administrative Support.— The Office of Personnel Management may provide staff and administrative support for the Committee. (f) Functions.— The Committee shall review available reports and studies on performance evaluation and performance-based pay systems (including a report to be prepared by the National Academy of Sciences) and any other pertinent information. (g) Report to the Office of Personnel Management.— No later than 1 year after the date of enactment of this Act, the Committee shall submit a report to the Director of the Office of Personnel Management, which shall include recommendations as to— (1) the types of pay raises to be covered; (2) guidelines for pay-for-performance systems, including the criteria to be used in determining eligibility for and the amount of increases in basic pay above the midpoint of the pay range; (3) the role organization performance should play in pay-for-performance systems; (4) any differences in pay-for-performance systems for different categories of employees; (5) the role for employee organizations in the implementation and operation of pay-for-performance systems; and (6) whether demonstration projects on pay-for-performance are desirable. SEC. 112. POSITION TITLES IN CERTAIN DEPARTMENTS. (a) Change in Position Title.— (1) The position of Under Secretary of Health and Human Services, established by section 2 of Reorganization Plan No. 1 of 1953 (67 Stat. 631), is retitled the Deputy Secretary of Health and Human Services. (2) The Act of May 9, 1935 (49 Stat. 177, 43 U.S.C. 1452) is amended by striking “Under Secretary” and inserting “Deputy Secretary”. (3) The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended— (A) in section 104(3) (20 U.S.C. 3404(3)), by striking “Under Secretary” both places it appears and inserting “Deputy Secretary”; and (B) in section 202(a) (20 U.S.C. 3412(a))— (i) in the first sentence, by striking “an Under Secretary” and inserting “a Deputy Secretary”; and (ii) in subsequent sentences, by striking “Under Secretary” each place it appears and inserting “Deputy Secretary”. (4) The first sentence of section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)) is amended by striking “an Under Secretary” and inserting “a Deputy Secretary”. (b) Compensation of Deputy Secretaries.— Section 5313 of title 5, United States Code, is amended by adding at the end the following: “Deputy Secretary of Health and Human Services. “Deputy Secretary of the Interior. “Deputy Secretary of Education. “Deputy Secretary of Housing and Urban Development.”. (c) Construction of References.— Any reference in any statute, reorganization plan, regulation, executive order, or any document issued pursuant thereto in force on the date this section takes effect to the Under Secretary of Health and Human Services, the Under Secretary of the Interior, the Under Secretary of Education, or the Under Secretary of Housing and Urban Development shall be deemed to be a reference to the Deputy Secretary of Health and Human Services, the Deputy Secretary of the Interior, the Deputy Secretary of Education, or the Deputy Secretary of Housing and Urban Development, respectively. (d) Conforming Amendments.— Section 5314 of title 5, United States Code, is amended by striking the following: “Under Secretary of Health and Human Services. “Under Secretary of the Interior. “Under Secretary of Education. “Under Secretary of Housing and Urban Development.”. (e) Effective Date; Continued Service by Incumbents.— (1) This 20 USC 3404 note. section shall take effect on the first day of the first pay period that begins on or after the date of enactment of this Act. (2) (A) The incumbent in the position of Under Secretary of Health and Human Services on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Health and Human Services at the pleasure of the President after such day. (B) The incumbent in the position of Under Secretary of the Interior on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of the Interior at the pleasure of the President after such day. (C) The incumbent in the position of Under Secretary of Education on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Education at the pleasure of the President after such day. (D) The incumbent in the position of Under Secretary of Housing and Urban Development on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Housing and Urban Development at the pleasure of the President after such day. SEC. 113. DIRECTOR OF THE CENSUS BUREAU. Title 5, United States Code, is amended— (1) in section 5316, by striking the item relating to the Director, Bureau of the Census, Department of Commerce; and (2) in section 5315, by adding at the end the following: “Director, Bureau of the Census, Department of Commerce.”. TITLE II— AMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS SEC. 201. TIME OFF FROM DUTY AS AN INCENTIVE AWARD. Section 4502 of title 5, United States Code, is amended by adding at the end the following new subsection: “(e) (1) Notwithstanding section 4501(2), for the purpose of this subsection, ‘employee’ includes an employee covered by the performance management and recognition system established under chapter 54. “(2) The Office of Personnel Management may by regulation permit agencies to grant employees time off from duty, without loss of pay or charge to leave, as an award in recognition of superior accomplishment or other personal effort that contributes to the quality, efficiency, or economy of Government operations.”. SEC. 202. UNIFORM ALLOWANCES. (a) Amendments to Section 5901 of Title 5, United States Code.— Section 5901(a) of title 5, United States Code, is amended— (1) in the first sentence, by striking “an amount’ through the period and inserting “such sums as may be necessary to carry out this subchapter.”; and (2) by striking “$125 a year” each place it appears and inserting “$400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).”. (b) Amendments to Sections 5902 and 5903 of Title 5, United States Code.— Title 5, United States Code, is amended by striking sections 5902 and 5903 and inserting the following: “§ 5902. Increase in maximum uniform allowance “The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901. “§ 5903. Regulations “The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.”. SEC. 203. DIFFERENTIAL FOR PHYSICAL HARDSHIP OR HAZARD. Section 5545(D) of title 5, United States Code, is amended— (1) in the first sentence, by striking “irregular or intermittent”; and (2) in paragraph (1), by striking “thereof;” and inserting “thereof, except in such circumstances as the Office may by regulation prescribe;”. SEC. 204. EXCEPTION FROM LIMITATION ON PREMIUM PAY. Section 5547 of title 5, United States Code, is amended— (1) in subsection (a), by inserting after “GS-15” the following: “(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)”; and (2) by amending subsection (b) to read as follows: “(b) (1) Subject to regulations prescribed by the Office of Personnel Management, the first sentence of subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency which involves a direct threat to life or property, including a forest wildfire emergency. “(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) if, or to the extent that, the aggregate of such employee’s basic pay and premium pay under these provisions would, in any calendar year, exceed the maximum rate payable for GS-15 in effect at the end of such calendar year.”. SEC. 205. HEALTH CARE POSITIONS. (A) In General.— Section 5371 of title 5, United States Code, is amended to read as follows: “§ 5371. Health care positions “(a) For the purposes of this section, ‘health care’ means direct patient-care services or services incident to direct patient-care services. “(b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 73 of title 38 shall apply— “(1) in lieu of any provision of chapter 51 or 61, or any other provision of this chapter; or “(2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, or this chapter, relates. “(c) Authority under subsection (b) may be exercised with respect to any employee holding a position— (1) to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and (2) which involves health care responsibilities.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5371 and inserting the following: “5371. Health care positions.”. SEC. 206. TRAVEL AND TRANSPORTATION EXPENSES FOR CANDIDATES AND NEW APPOINTEES. (a) Interview Expenses.— (1) Chapter 57 of title 5, United States Code, is amended by inserting after section 5706a the following new section: “§ 5706b. Interview expenses “An individual being considered for employment by an agency may be paid travel or transportation expenses under this subchapter for travel to and from preemployment interviews determined necessary by the agency.”. (2) The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5706a the following new item: “5706b. Interview expenses.”. (b) Other Expenses.— Section 5723(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A), by striking “a position” through “shortage,” and inserting “any position,”; and (2) in subparagraph (C), by striking “the minimum rate of pay prescribed for GS-16; and” and inserting “the minimum rate of pay payable for a position classified above GS-15 pursuant to section 5108; and”. SEC. 207. PERFORMANCE-BASED CASH AWARDS. (a) In General.— Chapter 45 of title 5, United States Code, is amended by inserting after section 4505 the following new section: “§ 4505a. Performance-based cash awards “(a) (1) An employee whose most recent performance rating was at the fully successful level or higher (or the equivalent thereof) may be paid a cash award under this section. “(2) (A) A cash award under this section shall be equal to an amount determined appropriate by the head of the agency, but may not be more than 10 percent of the employee’s annual rate of basic pay. Notwithstanding the preceding sentence, the agency head may authorize a cash award equal to an amount exceeding 10 percent of the employee’s annual rate of basic pay if the agency head determines that exceptional performance by the employee justifies such an award, but in no case may an award under this section exceed 20 percent of the employee’s annual rate of basic pay. “(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304. “(b) (1) A cash award under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. “(2) The failure to pay a cash award under this section, or the amount of such an award, may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(c) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) and (b). “(d) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (c) to prescribe any necessary regulations).”. (b) Table of Sections.— The table of sections for chapter 45 of title 5, United States Code, is amended by inserting after the item relating to section 4505 the following new item: “4505a. Performance-based cash awards.”. SEC. 208. RECRUITMENT. RELOCATION. AND RETENTION PAYMENTS. (a) In General.— Subchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following new sections: “§ 5753. Recruitment and relocation bonuses “(a) The Office of Personnel Management may authorize the head of an agency to pay a bonus to an employee who is newly appointed to a position under the General Schedule, or to an employee under the General Schedule or under any other pay authority in the executive, legislative, or judicial branch who must relocate to accept a position under the General Schedule, if the Office determines that the agency would be likely, in the absence of such a bonus, to encounter difficulty in filling the position. “(b) (1) (A) The amount of a bonus under this section shall be determined by regulations of the Office, but may not exceed 25 percent of the annual rate of basic pay of the position to which the employee is being appointed or relocated. “(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304. “(2) Payment of a bonus under this section shall be contingent Government contracts. upon the employee entering into an agreement with the agency to complete a period of employment with the agency, with the required period determined pursuant to regulations of the Office. If the employee voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the employee shall repay the bonus on a pro rata basis. “(3) A bonus under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. “(4) Under regulations of the Office, a recruitment bonus may be paid to a newly-hired employee before the employee enters on duty. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘a position under the General Schedule’ or ‘an employee under the General Schedule’ shall be considered to be a reference to any position or employee to which subchapter III of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers Regulations. necessary for the administration of subsections (a) through (c). “(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations). “§ 5754. Retention allowances “(a) The Office of Personnel Management may authorize the head of an agency to pay an allowance to an employee under the General Schedule if— “(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee’s services makes it essential to retain the employee; and “(2) the agency determines that the employee would be likely to leave in the absence of a retention allowance. “(b) (1) A retention allowance, which shall be stated as a percentage of the rate of basic pay (excluding any comparability payments under section 5304) of the employee, may not exceed 25 percent of such rate of basic pay. “(2) A retention allowance may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(3) A retention allowance shall be paid at the same time and in the same manner as the employee’s basic pay is paid. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘an employee under the General Schedule’ shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers Regulations. necessary for the administration of subsections (a) through (c). “(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).”. (b) Table of Sections.— The table of sections for chapter 57 of title 5, United States Code, is amended by adding after the item relating to section 5752 the following new items: “5753. Recruitment and relocation bonuses. “5754. Retention allowances. SEC. 209. STAFFING DIFFERENTIALS. (a) In General.— Effective on the first day of the first applicable pay period beginning on or after January 1, 1991, the President may establish staffing differentials equal to 5 percent of basic pay, which may be paid to each General Schedule employee whose position is in— (1) grade GS-5 or 7 of the General Schedule; or (2) a 2-grade-interval occupational series, as determined by the Office of Personnel Management. (b) Manner of Payment; Reduction or Elimination.— A staffing differential under this section— (1) shall be paid in the same manner and at the same time as the employee’s basic pay is paid, but may not be considered to be part of basic pay for any purpose; and (2) may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect, except that no such reduction or elimination shall have the effect of reducing the total amount of pay (determined by adding basic pay and staffing differential) which any employee is receiving. SEC. 210. PREMIUM PAY AMENDMENTS. Subchapter V of chapter 55 of title 5, United States Code, is amended— (1) in section 5542, by adding at the end the following new subsection: “(c) Subsection (a) shall not apply to an employee who is subject to the overtime pay provisions of section 7 of the Fair labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”; (2) in section 5543(a)(1), by inserting after “payment” the following: “under section 5542 or section 7 of the Fair Labor Standards Act of 1938”; and (3) in section 5544, by adding at the end of subsection (a) “This section, other than the sixth sentence, shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”. SEC. 211. SUPERVISORY DIFFERENTIALS. (a) In General.— Subchapter IV of chapter 57 of title 5, United States Code, as amended by section 208, is further amended by adding at the end the following: “§ 5755. Supervisory differentials “(a) (1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee. “(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office. “(b) (1) A supervisory differential, which shall be stated as a percentage of the supervisory employee’s rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employee’s pay to exceed the pay of the highest paid subordinate employee by more than 3 percent. “(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(3) A supervisory differential shall be paid in the same manner and at the same time as the employee’s basic pay is paid. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘an employee under the General Schedule’ shall be considered to be a reference to any employee holding a position to which subchapter HI of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers Regulations. necessary for the administration of this section.”. (b) Technical and Conforming Amendments.— (1) Section 5333 of title 5, United States Code, is amended— (A) in the section heading, by striking “; higher rates for supervisors of prevailing rate employees”; (B) in subsection (a), by striking “(a)”; and (C) by striking subsection (b). (2) The table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5333 and inserting the following: “5333. Minimum rate for new appointments.”. TITLE III— MISCELLANEOUS PROVISIONS SEC. 301. BUDGET ACT COMPLIANCE. For purposes of the Congressional Budget Act of 1974, any authority to make payments under this Act or any amendment made by this Act shall be effective only to the extent provided for in advance in appropriation Acts. SEC. 302. INTERIM GEOGRAPHIC ADJUSTMENTS. (A) Definitions.— For the purpose of this section— (1) the term “area” means any consolidated metropolitan statistical area, primary metropolitan statistical area, or metropolitan statistical area, with at least 5,000 General Schedule employees; and (2) the term “pay relative” shall have the meaning given such term under regulations prescribed by the Bureau of Labor Statistics. (b) Authority.— (1) The President may establish geographic adjustments of up to 8 percent of basic pay which may be paid to each General Schedule employee (including an employee covered by the performance management and recognition system) whose duty station is within any area where such adjustment is needed (as determined under paragraph (2)). (2) In determining areas where an interim geographic adjustment is needed, the President shall consider available evidence of significant pay disparities, including BLS information on pay relatives and relevant commercial surveys, and recruitment or retention problems. (c) Administration.— (1) An adjustment under this section shall be administered, to the extent practicable, in the same manner as locality-based comparability payments under subchapter I of chapter 53 of title 5, United States Code (as amended by this Act), including in terms of— (A) the basic pay to which a percentage is applied in computing an amount payable under this section; (B) the purposes for which any amount under this section is to be considered part of basic pay; (C) the time and manner in which amounts under this section are to be paid (including any maximum rate limitation); and (D) the authority of the President, upon request of an agency head, to extend this section to employees who would not otherwise be covered. (2) No amount payable under this section shall be taken into account in any survey or computation under, or for any other purpose in the administration of, section 5304 of title 5, United States Code (as so amended). (c) Commencement and Termination Rules.— (1) The effective date of an adjustment under this section shall be as determined by the President, but not later than January 1, 1994. (2) (A) The size of any payments under this section may be reduced or terminated after the amendments made by section 101 of this Act take effect, except that the reduction or termination of a payment under this section may not have the effect of reducing, for the individual involved, the total rate at which additional forms of basic pay (as defined in subparagraph (B)) are payable to such individual. (B) The total rate to which subparagraph (A) applies is the sum of— (i) the rate at which comparability payments (under section 5304 of title 5, United States Code, as amended by such Act) are payable; and (ii) the rate at which payments under this section are payable. (d) Employees Receiving Special Pay Rates.— The President (or President. his designated agent) shall determine what, if any, geographic adjustment shall be payable under this section in the case of an employee whose rate of pay is fixed under section 5303 of title 5, United States Code, as in effect before the date of enactment of this Act. (e) Effective Date.— This section shall take effect on the date of enactment of this Act. SEC. 303. PAY RATES FOR CURRENT EMPLOYEES. Nothing in this Act or in any amendment made by this Act shall have the effect of diminishing the rate of basic pay payable to any individual employed by the United States on the date of the enactment of this Act to a rate below the rate payable to such individual on such date, so long as that individual continues in such position without a break in service. SEC. 304. SENIOR BIOMEDICAL RESEARCH SERVICE. (a) In General.— Title II of the Public Health Service Act is amended by adding at the end the following: “Sec. 228. “senior biomedical research service (a) There shall be in the Public Health Service a Senior Establishment. 42 USC 237. Biomedical Research Service (hereinafter in this section referred to as the ‘Service’), not to exceed 350 members at any time. “(b) The Service shall be appointed by the Secretary without regard to the provisions of title 5, United States Code, regarding appointment, and shall consist of individuals outstanding in the field of biomedical research or clinical research evaluation. No individual may be appointed to the Service unless such individual (1) has earned a doctoral level degree in biomedicine or a related field, and (2) meets the qualification standards prescribed by the Office of Personnel Management for appointment to a position at GS-15 of the General Schedule. Notwithstanding any previous applicability to an individual who is a member of the Service, the provisions of subchapter I of chapter 35 (relating to retention preference), chapter 43 (relating to performance appraisal and performance actions), chapter 51 (relating to classification), subchapter III of chapter 53 (relating to General Schedule pay rates), and chapter 75 (relating to adverse actions) of title 5, United States Code, shall not apply to any member of the Service. “(c) The Secretary shall develop a performance appraisal system designed to— “(1) provide for the systematic appraisal of the performance of members, and “(2) encourage excellence in performance by members. “(d) (1) The Secretary shall determine, subject to the provisions of this subsection, the pay of members of the Service. “(2) The pay of a member of the Service shall not be less than the minimum rate payable for GS-15 of the General Schedule and shall not exceed the rate payable for level I of the Executive Schedule unless approved by the President under section 5377(d)(2) of title 5, United States Code. “(e) The Secretary may, upon the request of a member who— “(1) performed service in the employ of an institution of higher education immediately prior to his appointment as a member of the Service, and “(2) retains the right to continue to make contributions to the retirement system of such institution, contribute an amount not to exceed 10 percent per annum of the member’s basic pay to such institution’s retirement system on behalf of such member. A member who requests that such contribution be made shall not be covered by, or earn service credit under, any retirement system established for employees of the United States under title 5, United States Code, but such service shall be creditable for determining years of service under section 6303(a) of such title. “(f) Subject to the following sentence, the Secretary may, notwithstanding the provisions of title 5, United States Code, regarding appointment, appoint an individual who is separated from the Service involuntarily and without cause to a position in the competitive civil service at GS-15 of the General Schedule, and such appointment shall be a career appointment. In the case of such an individual who immediately prior to his appointment to the Service was not a career appointee in the civil service or the Senior Executive Service, such appointment shall be in the excepted civil service and may not exceed a period of 2 years. “(g) The Secretary shall promulgate such rules and regulations, not inconsistent with this section, as may be necessary for the efficient administration of the Service.”. (b) Technical and Conforming Amendments.— Section 211(d) of 42 USC 212. the Public Health Service Act is amended by— (1) striking out “and” at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof and”; and (3) adding at the end thereof a new paragraph as follows: “(4) service performed as a member of the Senior Biomedical Research Service established by section 228, except that, if there are more than 5 years of such service, only the last 5 years thereof may be included.”. (c) Effective Date.— Except as otherwise provided, the provisions of this section shall be effective on the 90th day following the date of the enactment of this Act. SEC. 306. EFFECTIVE DATE. (a) Generally.— Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act. (b) Special Rule.— The first calendar year in which comparability payments under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994. SEC. 306. ADDITIONAL RULE OF CONSTRUCTION. Notwithstanding section 1(b), a reference in any of the preceding provisions of this title to “this Act” (other than a reference in section 301) shall not be considered to include any provision of title IV. TITLE IV— FEDERAL LAW ENFORCEMENT PAY REFORM SEC. 401. SHORT TITLE. This title may be cited as the “Federal Law Enforcement Pay Reform Act of 1990”. SEC. 402. DEFINITION. For the purposes of this title, except as otherwise provided, the term “law enforcement officer” means any law enforcement officer within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code, with respect to whom the provisions of chapter 51 of such title apply. SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS. (a) Notwithstanding the procedures of section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law, higher minimum rates and corresponding increases in all step rates of each designated General Schedule grade shall be established for law enforcement officers in accordance with the provisions of this section. (b) (1) Effective on the first day of the first applicable pay period beginning on or after January 1, 1992, the higher minimum rates to be established are as follows: GS–3 Step 4 GS–4 Step 4 GS–5 Step 4 GS–6 Step 3 GS–7 Step 3 GS–8 Step 3 GS–9 Step 2 GS–10 Step 2 (2) Effective on the first day of the first applicable pay period beginning on or after January 1, 1993, the higher minimum rates to be established are as follows: GS–3 Step 7 GS–4 Step 7 GS–5 Step 8 GS–6 Step 6 GS–7 Step 5 GS–8 Step 3 GS–9 Step 2 GS–10 Step 2 (c) The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the designated grades (except in the case of any law enforcement officer for whom a higher rate is authorized under section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law) in the same manner as rates established under section 5305 of such title, as so amended, and may be increased in accordance with subsection (f) of such section 5305. (d) Any interim entry-level adjustment under section 303 of this Act which a law enforcement officer is receiving shall be eliminated on the day before the effective date of the higher minimum rates under subsection (b)(1). SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN SELECTED CITIES. (a) A law enforcement officer shall be paid any applicable special pay adjustment in accordance with the provisions of this section, but such special pay adjustment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act, any applicable locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and any applicable special rate of pay under section 5305 of such title, as so amended, or any similar provision of law. (b) Except as provided in subsection (a), effective on the first day of the first applicable pay period beginning on or after January 1, 1992, each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a percentage of the officer’s rate of basic pay, as follows: Area Differential Boston-Lawrence-Salem, MA–NH Consolidated Metropolitan Statistical Area , 16% Chicago-Gary-Lake County, IL–IN–W1 Consolidated Metropolitan Statistical Area 4% Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Statistical Area 16% New York-Northern New Jersey-Long Island, NY–NJ–CT Consolidated Metropolitan Statistical Area 16% Philadelphia-Wilmington-Trention, PA–NJ–DE–MD Consolidated Metropolitan Statistical Area 4% San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area 16% San Diego, CA Metropolitan Statistical Area 8% Washington, DC–MD–VA Metropolitan Statistical Area 4% (c) (1) A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and shall be considered part of basic pay to the same degree as such a locality-based comparability payment. (2) The Office of Personnel Management may prescribe such regulations as it considers necessary concerning the payment of special pay adjustments to law enforcement officers under this section. SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS. (a) The appropriate agency head (as defined in subsection (c)) shall prescribe regulations under which the purposes of sections 403 and 404 shall be carried out with respect to individuals holding positions described in subsection (b). (b) This subsection applies with respect to any— (1) member of the United States Secret Service Uniformed Division; (2) member of the United States Park Police; (3) special agent within the Diplomatic Security Service; (4) probation officer (referred to in section 3672 of title 18, United States Code); or (5) pretrial services officer (referred to in section 3153 of title 18, United States Code). (c) For the purposes of this section, the term “appropriate agency head” means— (1) with respect to any individual under subsection (b)(1), the Secretary of the Treasury; (2) with respect to any individual under subsection (b)(2), the Secretary of the Interior; (3) with respect to any individual under subsection (b)(3), the Secretary of State; (4) with respect to any individual under subsection (b)(4) or (b)(5), the Director of the Administrative Office of the United States Courts. SEC. 406. FBI NEW YORK FIELD DIVISION. Notwithstanding section 601(a)(2) of Public Law 100–453, as amended, the Office of Personnel Management shall reduce the rate of periodic payments under such section as the provisions of this Act are implemented: Provided, That no such reduction results in a reduction of the total pay for any employee of the New York Field Division of the Federal Bureau of Investigation. Notwithstanding such section 601(a)(2), the Office of Personnel Management may make such periodic payments inapplicable to employees newly appointed to, or transferred to, the New York Field Division on or after January 1, 1992. SEC. 407. RELOCATION PAYMENTS. Notwithstanding section 5753(b)(1)(A) of title 5, United States Code, as added by this Act, a law enforcement officer whose rate of basic pay is less than $60,000 may receive a relocation payment of up to $15,000 under section 5753. SEC. 408. INCENTIVE BONUS FOR FOREIGN LANGUAGE CAPABILITIES. (a) Chapter 45 of title 5, United States Code, is amended by adding at the end the following: “SUBCHAPTER III— AWARD TO LAW ENFORCEMENT OFFICER FOR FOREIGN LANGUAGE CAPABILITIES “§ 4521. Definition “For the purpose of this subchapter, the term ‘law enforcement officer’ has the same meaning as under section 5949(a). “§ 4522. General provision “An award under this subchapter is in addition to the basic pay of the recipient. “§ 4523. Award authority “(a) An agency may pay a cash award, up to 5 percent of basic pay, to any law enforcement officer employed in or under such agency who possesses and makes substantial use of 1 or more foreign languages in the performance of official duties. “(b) Awards under this section shall be paid under regulations prescribed by the head of the agency involved (or designee thereof). Regulations prescribed by an agency head (or designee) under this Regulations. subsection shall include— “(1) procedures under which foreign language proficiency shall be ascertained; “(2) criteria for the selection of individuals for recognition under this section; and “(3) any other provisions which may be necessary to carry out the purposes of this subchapter.”. (b) The table of sections for chapter 45 of title 5, United States Code, is amended by adding at the end the following: SUBCHAPTER III— AWARDS TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES “4521. Definition. “4522. General provision. “4523. Award authority.”. (c) Section 6401 of the Anti-Drug Abuse Act of 1988 (Public Law 5 USC 5541 note. 100–690; 102 Stat. 4370) is amended— (1) by inserting “(a) In General.—” before the first sentence; and (2) by adding at the end the following: “(b) Limitation.— The provisions of this section shall apply only to an employee who has received a bonus under this section before January 1, 1992. The provisions of subchapter III of chapter 45 of title 5, United States Code, shall apply to any employee who would otherwise be eligible to receive a bonus under this section, on and after such date.”. (d) The amendments made by this section shall be effective on January 1, 1992. SEC. 409. AGE FOR MANDATORY RETIREMENT. (a) Section 8335(b) of title 5, United States Code, is amended— (1) in the first sentence, by striking “law enforcement officer of a”; and (2) by inserting after the first sentence the following: “A law enforcement officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer becomes 57 years of age or completes 20 years of service if then over that age.”. (b) Section 8425(b) of title 5, United States Code, is amended— (1) in the first sentence, by striking “law enforcement officer or” each place it appears; and (2) by inserting after the first sentence the following: “A law enforcement officer who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer become 57 years of age or completes 20 years of service if then over that age.”. (c) For the purposes of this section, the effective date shall be the date of enactment of this Act. SEC. 410. OVERTIME RATES. (a) Section 5542(a) of title 5, United States Code, is amended by adding at the end the following: “(4) Notwithstanding paragraph (2) of this subsection, for an employee who is a law enforcement officer (within the meaning of section 8331(20) or 8401(17)), and whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of— “(A) one and one-half times the minimum hourly rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or “(B) the hourly rate of basic pay of the employee, and all that amount is premium pay.”. (b) Section 5547 of title 5, United States Code, is amended by adding at the end the following: “(c) (1) Subsections (a) and (b) shall not apply to a law enforcement officer. “(2) A law enforcement officer may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) only to the extent that the payment does not cause the officer’s aggregate rate of pay for any pay period to exceed the lesser of— “(A) 150 percent of the minimum rate payable for GS-15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or “(B) the rate payable for level V of the Executive Schedule. “(3) For the purposes of this subsection, ‘law enforcement officer’ means any law enforcement officer within the meaning of section 8331(20) or section 8401(17).”. SEC. 411. OTHER PREMIUM PAY. (a) Section 5541(2)(iv) of title 5, United States Code, is amended to read as follows: “(iv) a member of— “(I) the Metropolitan Police or the Fire Department of the District of Columbia; or “(II) a member of the United States Secret Service Uniformed Division, a member of the United States Park Police, other than for purposes of section 5545(a) and 5546;”. (b) The amendment made by this section shall be effective on Effective date. 5 USC 5541 note. January 1, 1992. SEC. 412. REPORTING REQUIREMENT. Not later than January 1, 1993, the Office of Personnel Management, in consultation with Federal law enforcement agencies and law enforcement employee groups, shall submit to Congress, in writing, a plan to establish a separate pay and classification system for law enforcement officers and specifications for legislation to implement such plan.

6. 1992

   Technical and Miscellaneous Civil Service Amendments Act of 1992

   Pub. L. 102–378 § 2(67) · 106 Stat. 1346

   1. Amended · 5 U.S.C. § 8425(b)

      Pub. L. 102–378 amended first sentence generally and, in second sentence

   2. Substituted · 5 U.S.C. § 8425(b)

      Pub. L. 102–378 substituted “becomes” for “become”. Prior to amendment, first sentence read as follows: “A law enforcement officer, member of the Capitol Police, or firefighter who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer, member of the Capitol Police, or firefighter becomes 55 years of age or completes 20 years of service if then over that age.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–378 amended first sentence generally and, in second sentence, substituted “becomes” for “become”. Prior to amendment, first sentence read as follows: “A law enforcement officer, member of the Capitol Police, or firefighter who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer, member of the Capitol Police, or firefighter becomes 55 years of age or completes 20 years of service if then over that age.”

   Enacted provision · exact public law section
   (67) in section 8425(b)— (A) by amending the first sentence to read as follows: “A member of the Capitol Police or firefighter who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which such member or firefighter becomes 55 years of age or completes 20 years of service if then over that age.”; and (B) in the second sentence by striking “become” and inserting “becomes”;

7. 1994

   Pub. L. 103–283 § 307(b)(1)(A) · 108 Stat. 1423

   Struck · 5 U.S.C. § 8425(b)

   Pub. L. 103–283, § 307(b)(1)(A), struck out “member of the Capitol Police or” before “firefighter who is” and “member or” before “firefighter becomes” in first sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–283, § 307(b)(1)(A), struck out “member of the Capitol Police or” before “firefighter who is” and “member or” before “firefighter becomes” in first sentence.

   Enacted provision · exact public law section
   (A) in the first sentence of subsection (b) by striking “member of the Capitol Police or” and “member or”;

8. 1994

   Pub. L. 103–283 § 307(b)(1)(B) · 108 Stat. 1423

   1. Added · 5 U.S.C. § 8425(c); 5 U.S.C. § 8425(d)

      Pub. L. 103–283, § 307(b)(1)(B), (C), added subsec. (c)

   2. Redesignated · 5 U.S.C. § 8425(c); 5 U.S.C. § 8425(d)

      Pub. L. 103–283, § 307(b)(1)(B), (C), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 103–283, § 307(b)(1)(B), (C), added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (B) by redesignating subsection (c) as subsection (d); and

9. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 div. C title XXXI § 3154(k) · 112 Stat. 1920

   Inserted · 5 U.S.C. § 8425(b)

   Pub. L. 105–261, in second sentence, inserted “or nuclear materials courier” after “law enforcement officer” in two places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–261, in second sentence, inserted “or nuclear materials courier” after “law enforcement officer” in two places.

   Enacted provision · exact public law section
   (k) Mandatory Separation Under FERS.— Section 8425(b)of title 5, United States Code, is amended by inserting “or nuclear materials courier” after “law enforcement officer” both places it appears in the second sentence.

10. 2000

    Pub. L. 106–553 § 1(a)(2)(tIII)(s308)(c)(5)(A) · 114 Stat. 2762

    Redesignated · 5 U.S.C. § 8425(d)

    Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)(A)], added subsec. (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)(A)], added subsec. (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (2) H.R. 5548, as introduced on October 25, 2000.

11. 2000

    Pub. L. 106–553 § 1(a)(2)(tIII)(s308)(c)(5) · 114 Stat. 2762

    1. Redesignated · 5 U.S.C. § 8425(e)

       Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)], redesignated subsec. (d) as (e)

    2. Substituted · 5 U.S.C. § 8425(e)

       Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)], substituted “Police or Supreme Court Police)” for “Police)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(5)], redesignated subsec. (d) as (e) and substituted “Police or Supreme Court Police)” for “Police)”.

    Enacted provision · exact public law section
    (2) H.R. 5548, as introduced on October 25, 2000.

12. 2001

    Federal Firefighters Retirement Age Fairness Act

    Pub. L. 107–27 § 2(b) · 115 Stat. 207

    1. Struck · 5 U.S.C. § 8425(b)

       Pub. L. 107–27 struck out first sentence which read “A firefighter who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which such firefighter becomes 55 years of age or completes 20 years of service if then over that age.” and, in second sentence

    2. Inserted · 5 U.S.C. § 8425(b)

       Pub. L. 107–27 inserted “, firefighter,” after “law enforcement officer” in two places

    3. Substituted · 5 U.S.C. § 8425(b)

       Pub. L. 107–27 substituted “courier, as the case may be, becomes 57 years of age” for “courier becomes 57 years of age”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–27 struck out first sentence which read “A firefighter who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which such firefighter becomes 55 years of age or completes 20 years of service if then over that age.” and, in second sentence, inserted “, firefighter,” after “law enforcement officer” in two places and substituted “courier, as the case may be, becomes 57 years of age” for “courier becomes 57 years of age”.

    Enacted provision · exact public law section
    (b) Federal Employees’ Retirement System.— (1) In general.— The second sentence of section 8425(b) of title 5, United States Code, is amended— (A) by inserting “, firefighter,” after “law enforcement officer” each place it appears; and (B) by striking “courier” the second place it appears and inserting “courier, as the case may be,”. (2) Conforming amendment.— Section 8425(b) of title 5, United States Code, is amended by striking the first sentence.

13. 2003

    Pub. L. 108–176 title II § 226(a)(3)(B) · 117 Stat. 2490

    Inserted · 5 U.S.C. § 8425(a)

    Pub. L. 108–176 inserted at end “For purposes of this subsection, the term ‘air traffic controller’ or ‘controller’ has the meaning given to it under section 8401(35)(A).”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–176 inserted at end “For purposes of this subsection, the term ‘air traffic controller’ or ‘controller’ has the meaning given to it under section 8401(35)(A).”

    Enacted provision · exact public law section
    (B) Federal employees’ retirement system.— Section 8425(a) of title 5, United States Code, is amended by adding at the end the following: “For purposes of this subsection, the term ‘air traffic controller’ or ‘controller’ has the meaning given to it under section 8401(35)(A).”.

14. 2004

    Department of Justice Appropriations Act, 2005

    Pub. L. 108–447 § 112(b)(1) · 118 Stat. 2809

    1. Amended · 5 U.S.C. § 8425(b)

       Pub. L. 108–447, § 112(b)(1), and Pub. L. 108–458, § 2005(b)(1), amended subsec. (b) identically

    2. Amended · 5 U.S.C. § 8425(b)

       Pub. L. 108–447, § 112(b)(1), and Pub. L. 108–458, § 2005(b)(1), designating existing provisions as par. (1)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–447, § 112(b)(1), and Pub. L. 108–458, § 2005(b)(1), amended subsec. (b) identically, designating existing provisions as par. (1).

    Enacted provision · exact public law section
    (1) by striking “(b)” and inserting “(b)(1)”; and

15. 2004

    Department of Justice Appropriations Act, 2005

    Pub. L. 108–447 § 112(b)(2) · 118 Stat. 2809

    Added · 5 U.S.C. § 8425(b)(2)

    Pub. L. 108–447, § 112(b)(2), added par. (2) relating to employees of the Federal Bureau of Investigation and providing that authority to grant exemptions shall cease to be available after Dec. 31, 2009

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–447, § 112(b)(2), added par. (2) relating to employees of the Federal Bureau of Investigation and providing that authority to grant exemptions shall cease to be available after Dec. 31, 2009.

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(2) Applicability. In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. Termination date. The authority to grant exemptions in accordance with the preceding sentence shall cease to be available after December 31, 2009.” .

16. 2004

    Intelligence Reform and Terrorism Prevention Act of 2004

    Pub. L. 108–458 § 2005(b)(2) · 118 Stat. 3638

    Added · 5 U.S.C. § 8425(b)(2)

    Pub. L. 108–458, § 2005(b)(2), added par. (2) relating to employees of the Federal Bureau of Investigation, limiting number of exemptions to 50 per fiscal year, and providing that authority to grant such exemptions shall cease to be available after Sept. 30, 2007

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–458, § 2005(b)(2), added par. (2) relating to employees of the Federal Bureau of Investigation, limiting number of exemptions to 50 per fiscal year, and providing that authority to grant such exemptions shall cease to be available after Sept. 30, 2007.

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the preceding sentence, and the authority to grant such exemptions shall cease to be available after September 30, 2007.” .

17. 2007

    Consolidated Appropriations Act, 2008

    Pub. L. 110–161 div. E title V § 535(b)(6) · 121 Stat. 1844

    1. Substituted · 5 U.S.C. § 8425(b)(1)

       Pub. L. 110–161 substituted “nuclear materials courier, or customs and border protection officer who” for “or nuclear materials courier who”

    2. Substituted · 5 U.S.C. § 8425(b)(1)

       Pub. L. 110–161 substituted “nuclear materials courier, or customs and border protection officer” for “or nuclear materials courier,”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–161 substituted “nuclear materials courier, or customs and border protection officer who” for “or nuclear materials courier who” and “nuclear materials courier, or customs and border protection officer” for “or nuclear materials courier,”.

    Enacted provision · exact public law section
    Sec. 535. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

18. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 444(b)(2) · 124 Stat. 2654

    Substituted · 5 U.S.C. § 8425(b)(2)

    Pub. L. 111–259, § 444(b)(2), struck out par. (2) added by section 2005(b)(2) of Pub. L. 108–458 which read as follows: “In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the preceding sentence, and the authority to grant such exemptions shall cease to be available after September 30, 2007.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 111–259, § 444(b)(2), struck out par. (2) added by section 2005(b)(2) of Pub. L. 108–458 which read as follows: “In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by substituting ‘65 years of age’ for ‘60 years of age’. The Federal Bureau of Investigation may not grant more than 50 exemptions in any fiscal year in accordance with the preceding sentence, and the authority to grant such exemptions shall cease to be available after September 30, 2007.”

    Enacted provision · exact public law section
    (2) by striking the paragraph (2) enacted by section 2005(b)(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3704).

19. 2010

    Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 § 444(b)(1) · 124 Stat. 2654

    Substituted · 5 U.S.C. § 8425(b)(2)

    Pub. L. 111–259, § 444(b)(1), amended par. (2) relating to employees of the Federal Bureau of Investigation and providing that authority to grant exemptions shall cease to be available after Dec. 31, 2009, by substituting “2011” for “2009”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–259, § 444(b)(1), amended par. (2) relating to employees of the Federal Bureau of Investigation and providing that authority to grant exemptions shall cease to be available after Dec. 31, 2009, by substituting “2011” for “2009”.

    Enacted provision · exact public law section
    (1) in the paragraph (2) enacted by section 112(b)(2) of the Department of Justice Appropriations Act, 2005 (title I of division B of Public Law 108–447; 118 Stat. 2868), by striking “2009” and inserting “2011”; and

20. 2022

    First Responder Fair Return for Employees on Their Initial Retirement Earned Act

    Pub. L. 117–225 § 3(b)(2)(A)(v) · 136 Stat. 2293

    Inserted · 5 U.S.C. § 8425(b)(1); 5 U.S.C. § 8425(b)(c); 5 U.S.C. § 8425(b)(d)

    Pub. L. 117–225 inserted “(1)” after “section 8412(d)”

    Source evidence

    Code amendment note
    Subsecs. (b)(1), (c), (d). Pub. L. 117–225 inserted “(1)” after “section 8412(d)”.

    Enacted provision · exact public law section
    (v) in section 8425, by inserting “(1)” after “section 8412(d)” each place it appears; and

    Effective date note
    Amendment by Pub. L. 117–225 effective Dec. 9, 2022, and applicable to an individual who suffers an illness or injury described in certain Code provisions on or after the date that is 2 years after Dec. 9, 2022, see section 3(f) of Pub. L. 117–225, set out as a note under section 8336 of this title.

21. 2026

    Pub. L. 119–95 § 1(b) · 140 Stat. 833

    Substituted · 5 U.S.C. § 8425(c)

    Pub. L. 119–95 substituted “attains an age determined by the Board, which shall be not less than 57 years of age and not more than 62 years of age” for “becomes 60 years of age”

    Unresolved: Pub. L. 119–95 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 119–95 substituted “attains an age determined by the Board, which shall be not less than 57 years of age and not more than 62 years of age” for “becomes 60 years of age”.

27 of 28 references resolved to an enrolled provision · 1 unresolved