§ 8909a. Postal Service Retiree Health Benefits Fund

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. 2006

   Postal Civil Service Retirement and Health Benefits Funding Amendments of 2006

   Pub. L. 109–435 title VIII § 803(a)(1)(B) · 120 Stat. 3198

   Enacted · 5 U.S.C. § 8909a

   Added Pub. L. 109–435, title VIII, § 803(a)(1)(B), Dec. 20, 2006, 120 Stat. 3251

   Source evidence

   Code source credit
   Added Pub. L. 109–435, title VIII, § 803(a)(1)(B), Dec. 20, 2006, 120 Stat. 3251

   Enacted provision · exact public law section
   (B) by inserting after section 8909 the following: “§ 8909a. Postal Service Retiree Health Benefit Fund “(a) There is in the Treasury of the United States a Postal Service Retiree Health Benefits Fund which is administered by the Office of Personnel Management. “(b) The Fund is available without fiscal year limitation for payments required under section 8906(g)(2)(A). “(c) The Secretary of the Treasury shall immediately invest, in interest-bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. Such investments shall be made in the same manner as investments for the Civil Service Retirement and Disability Fund under section 8348. “(d) (1) Deadlines. Not later than June 30, 2007, and by June 30 of each succeeding year, the Office shall compute the net present value of the future payments required under section 8906(g)(2)(A) and attributable to the service of Postal Service employees during the most recently ended fiscal year. “(2) (A) Not later than June 30, 2007, the Office shall compute, and by June 30 of each succeeding year, the Office shall recompute the difference between— “(i) the net present value of the excess of future payments required under section 8906(g)(2)(A) for current and future United States Postal Service annuitants as of the end of the fiscal year ending on September 30 of that year; and “(ii) (I) the value of the assets of the Postal Retiree Health Benefits Fund as of the end of the fiscal year ending on September 30 of that year; and “(II) the net present value computed under paragraph (1). “(B) Not later than June 30, 2017, the Office shall compute, and by June 30 of each succeeding year shall recompute, a schedule including a series of annual installments which provide for the liquidation of any liability or surplus by September 30, 2056, or within 15 years, whichever is later, of the net present value determined under subparagraph (A), including interest at the rate used in that computation. “(3) (A) The United States Postal Service shall pay into such Fund— “(i) $5,400,000,000, not later than September 30, 2007; “(ii) $5,600,000,000, not later than September 30, 2008; “(iii) $5,400,000,000, not later than September 30, 2009; “(iv) $5,500,000,000, not later than September 30, 2010; “(v) $5,500,000,000, not later than September 30, 2011; “(vi) $5,600,000,000, not later than September 30, 2012; “(vii) $5,600,000,000, not later than September 30, 2013; “(viii) $5,700,000,000, not later than September 30, 2014; “(ix) $5,700,000,000, not later than September 30, 2015; and “(x) $5,800,000,000, not later than September 30, 2016. “(B) Not later than September 30, 2017, and by September 30 of each succeeding year, the United States Postal Service shall pay into such Fund the sum of— “(i) the net present value computed under paragraph (1); and “(ii) any annual installment computed under paragraph (2)(B). “(4) Computations under this subsection shall be made consistent with the assumptions and methodology used by the Office for financial reporting under subchapter II of chapter 35 of title 31. “(5) (A) (i) Any computation or other determination of the Office under this subsection shall, upon request of the United States Postal Service, be subject to a review by the Postal Regulatory Commission under this paragraph. “(ii) Reports. Upon receiving a request under clause (i), the Commission shall promptly procure the services of an actuary, who shall hold membership in the American Academy of Actuaries and shall be qualified in the evaluation of healthcare insurance obligations, to conduct a review in accordance with generally accepted actuarial practices and principles and to provide a report to the Commission containing the results of the review. The Commission, upon determining that the report satisfies the requirements of this subparagraph, shall approve the report, with any comments it may choose to make, and submit it with any such comments to the Postal Service, the Office of Personnel Management, and Congress. “(B) Upon receiving the report under subparagraph (A), the Office of Personnel Management shall reconsider its determination or redetermination in light of such report, and shall make any appropriate adjustments. Reports. The Office shall submit a report containing the results of its reconsideration to the Commission, the Postal Service, and Congress. “(6) Regulatioins. After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection.” .

   Effective date note
   Pub. L. 111–68, div. B, § 164(b), Oct. 1, 2009, 123 Stat. 2053, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of section 803(a)(1)(B) of the Postal Accountability and Enhancement Act (Public Law 109–435; 120 Stat. 3251).”

2. 2009

   Continuing Appropriations Resolution, 2010

   Pub. L. 111–68 div. B § 164(a) · 123 Stat. 2023

   Amended · 5 U.S.C. § 8909a(d)(3)(A)(iii)

   Pub. L. 111–68 amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “$5,400,000,000, not later than September 30, 2009;”

   Source evidence

   Code amendment note
   Subsec. (d)(3)(A)(iii). Pub. L. 111–68 amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “$5,400,000,000, not later than September 30, 2009;”.

   Enacted provision · exact public law section
   (a) Clause (iii) of section 8909a(d)(3)(A) of title 5, United States Code, is amended to read as follows: “(iii) $1,400,000,000, not later than September 30, 2009;” .

   Effective date note
   Pub. L. 111–68, div. B, § 164(b), Oct. 1, 2009, 123 Stat. 2053, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of section 803(a)(1)(B) of the Postal Accountability and Enhancement Act (Public Law 109–435; 120 Stat. 3251).”

3. 2011

   Continuing Appropriations Act, 2012

   Pub. L. 112–33 § 124 · 125 Stat. 366

   Substituted · 5 U.S.C. § 8909a(d)(3)(A)(v)

   Pub. L. 112–33 substituted “October 4, 2011”, which is the date specified in section 106(3) of Pub. L. 112–33, for “September 30, 2011”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 112–33 substituted “October 4, 2011”, which is the date specified in section 106(3) of Pub. L. 112–33, for “September 30, 2011”.

   Enacted provision · exact public law section
   Sec. 124. Section 8909a(d)(3)(A)(v) of title 5, United States Code, is amended by striking “September 30, 2011” and inserting the date specified in section 106(3) of this Act.

4. 2011

   Financial Services and General Government Appropriations Act, 2012

   Pub. L. 112–74 div. C title VI § 632 · 125 Stat. 928

   Substituted · 5 U.S.C. § 8909a(d)(3)(A)(v)

   Pub. L. 112–74 substituted “August 1, 2012” for “October 4, 2011”. See below

   Source evidence

   Code amendment note
   Subsec. (d)(3)(A)(v). Pub. L. 112–74 substituted “August 1, 2012” for “October 4, 2011”. See below.

   Enacted provision · exact public law section
   Sec. 632. Section 8909a(d)(3)(A)(v) of title 5, United States Code, is amended by striking the date specified in such section and inserting “August 1, 2012”.

5. 2022

   USPS Fairness Act

   Pub. L. 117–108 § 102(b)(2) · 136 Stat. 1127

   Substituted · 5 U.S.C. § 8909a

   Pub. L. 117–108, § 102(b)(2), substituted “Benefits” for “Benefit” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 117–108, § 102(b)(2), substituted “Benefits” for “Benefit” in section catchline.

   Enacted provision · exact public law section
   (2) Clerical amendment.— The heading of section 8909a of title 5, United States Code, is amended by striking “Benefit” and inserting “Benefits”.

6. 2022

   USPS Fairness Act

   Pub. L. 117–108 § 102(b)(1) · 136 Stat. 1127

   1. Added · 5 U.S.C. § 8909a(d)(g)

      Pub. L. 117–108, § 102(b)(1), added subsecs. (d) to (g)

   2. Struck · 5 U.S.C. § 8909a(d)(g)

      Pub. L. 117–108, § 102(b)(1), struck out former subsec. (d) which related to various computations of net present value of future payments, payments into the Postal Retiree Health Benefits Fund, and promulgation of regulations

   Source evidence

   Code amendment note
   Subsecs. (d) to (g). Pub. L. 117–108, § 102(b)(1), added subsecs. (d) to (g) and struck out former subsec. (d) which related to various computations of net present value of future payments, payments into the Postal Retiree Health Benefits Fund, and promulgation of regulations.

   Enacted provision · exact public law section
   (1) In general.— Section 8909a of title 5, United States Code, is amended by striking subsection (d) and inserting the following: “(d) (1) Not later than June 30, 2026, and by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the amount (if any) that Government contributions required to be paid from the Fund under section 8906(g)(2)(A) exceeded the estimated net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A). “(2) Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the amount (if any) of the excess computed under such paragraph. “(e) Any computation required under section 3654(b) of title 39 shall be based on— “(1) the net present value of the future net claims costs with respect to— “(A) current annuitants of the United States Postal Service as of the end of the fiscal year ending on September 30 of the relevant reporting year; and “(B) current employees of the United States Postal Service who would, as of September 30 of that year— “(i) be eligible to become annuitants pursuant to section 8901(3)(A)(i) or (ii); and “(ii) if they were retired as of that date, meet the criteria for coverage of annuitants under section 8905(b); “(2) economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and “(3) any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate. “(f) After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection. “(g) For purposes of this section, the term ‘estimated net claims costs’ shall mean the difference between— “(1) the sum of— “(A) the estimated costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants; and “(B) an amount of indirect expenses reasonably allocable to the provision, payment, or reimbursement described in subparagraph (A), as determined by the Office; and “(2) the amount withheld from the annuity of or paid by annuitants of the United States Postal Service under section 8906.” .

7 of 7 references resolved to an enrolled provision