Home > 106th Congressional Bills > H.R. 416 (ih) To provide for the rectification of certain retirement coverage errors affecting Federal employees, and for other purposes. [Introduced in House] ...

H.R. 416 (ih) To provide for the rectification of certain retirement coverage errors affecting Federal employees, and for other purposes. [Introduced in House] ...


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106th CONGRESS

  1st Session

                               H. R. 416

_______________________________________________________________________

                                 AN ACT

To provide for the rectification of certain retirement coverage errors 
          affecting Federal employees, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                H. R. 416

_______________________________________________________________________

                                 AN ACT


 
To provide for the rectification of certain retirement coverage errors 
          affecting Federal employees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Retirement 
Coverage Corrections Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Applicability.
Sec. 4. Restriction relating to future corrections.
Sec. 5. Irrevocability of elections.
 TITLE I--DESCRIPTION OF RETIREMENT COVERAGE ERRORS TO WHICH THIS ACT 
              APPLIES AND MEASURES FOR THEIR RECTIFICATION

  Subtitle A--Employee Who Should Have Been FERS Covered, But Who Was 
        Erroneously CSRS Covered or CSRS-Offset Covered Instead

Sec. 101. Elections.
Sec. 102. Effect of an election to be transferred from CSRS to FERS to 
                            correct a retirement coverage error.
Sec. 103. Effect of an election to be transferred from CSRS-Offset to 
                            FERS to correct a retirement coverage 
                            error.
Sec. 104. Effect of an election to be transferred from CSRS to CSRS-
                            Offset to correct a retirement coverage 
                            error.
Sec. 105. Effect of an election to be restored (or transferred) to 
                            CSRS-Offset after having been corrected to 
                            FERS from CSRS-Offset (or CSRS).
Sec. 106. Effect of election to remain FERS covered after having been 
                            corrected to FERS from CSRS-Offset (or 
                            CSRS).
  Subtitle B--Employee Who Should Have Been FERS Covered, CSRS-Offset 
Covered, or CSRS Covered, But Who Was Erroneously Social Security-Only 
                            Covered Instead

Sec. 111. Elections.
Sec. 112. Effect of an election to become FERS covered to correct the 
                            retirement coverage error.
Sec. 113. Effect of an election to become CSRS-Offset covered to 
                            correct the retirement coverage error.
Sec. 114. Effect of an election to become CSRS covered to correct the 
                            retirement coverage error.
Subtitle C--Employee Who Should Have Been Social Security-Only Covered, 
  But Who Was Erroneously FERS Covered, CSRS-Offset Covered, or CSRS 
                            Covered Instead

Sec. 121. Uncorrected error: employee who should be Social Security-
                            Only covered, but who is erroneously FERS 
                            covered instead.
Sec. 122. Uncorrected error: employee who should be Social Security-
                            Only covered, but who is erroneously CSRS-
                            Offset covered instead.
Sec. 123. Uncorrected error: employee who should be Social Security-
                            Only covered, but who is erroneously CSRS 
                            covered instead.
Sec. 124. Corrected error: situations under sections 121-123.
Sec. 125. Vested employees excepted from automatic exclusion.
 Subtitle D--Employee Who Should Have Been CSRS Covered or CSRS-Offset 
         Covered, But Who Was Erroneously FERS Covered Instead

Sec. 131. Elections.
Sec. 132. Effect of an election to be transferred from FERS to CSRS to 
                            correct a retirement coverage error.
Sec. 133. Effect of an election to be transferred from FERS to CSRS-
                            Offset to correct a retirement coverage 
                            error.
Sec. 134. Effect of an election to be restored to FERS after having 
                            been corrected to CSRS.
Sec. 135. Effect of an election to be restored to FERS after having 
                            been corrected to CSRS-Offset.
Sec. 136. Disqualification of certain individuals to whom same election 
                            was previously available.
Subtitle E--Employee Who Should Have Been CSRS-Offset Covered, But Who 
                  Was Erroneously CSRS Covered Instead

Sec. 141. Automatic transfer to CSRS-Offset.
Sec. 142. Effect of transfer.
  Subtitle F--Employee Who Should Have Been CSRS Covered, But Who Was 
                Erroneously CSRS-Offset Covered Instead

Sec. 151. Elections.
Sec. 152. Effect of an election to be transferred from CSRS-Offset to 
                            CSRS to correct the retirement coverage 
                            error.
Sec. 153. Effect of an election to be restored to CSRS-Offset after 
                            having been corrected to CSRS.
   Subtitle G--Additional Provisions Relating to Government Agencies

Sec. 161. Repayment required in certain situations.
Sec. 162. Equitable sharing of amounts payable from the Government if 
                            more than one agency involved.
Sec. 163. Provisions relating to the original responsible agency.
                      TITLE II--GENERAL PROVISIONS

Sec. 201. Identification and notification requirements.
Sec. 202. Individual appeal rights.
Sec. 203. Information to be furnished by Government agencies to 
                            authorities administering this Act.
Sec. 204. Regulations.
Sec. 205. All elections to be approved by OPM.
Sec. 206. Technical and conforming amendments.
                      TITLE III--OTHER PROVISIONS

Sec. 301. Provisions to permit continued conformity of other Federal 
                            retirement systems.
Sec. 302. Provisions to prevent reductions in force and any unfunded 
                            liability in the CSRDF.
Sec. 303. Individual right of action preserved for amounts not 
                            otherwise provided for under this Act.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) CSRS.--The term ``CSRS'' means the Civil Service 
        Retirement System.
            (2) CSRDF.--The term ``CSRDF'' means the Civil Service 
        Retirement and Disability Fund.
            (3) CSRS covered.--The term ``CSRS covered'', with respect 
        to any service, means service that is subject to the provisions 
        of subchapter III of chapter 83 of title 5, United States Code, 
        other than those that apply only with respect to an individual 
        described in section 8402(b)(2) of such title.
            (4) CSRS-offset covered.--The term ``CSRS-Offset covered'', 
        with respect to any service, means service that is subject to 
        the provisions of subchapter III of chapter 83 of title 5, 
        United States Code, that apply with respect to an individual 
        described in section 8402(b)(2) of such title.
            (5) Employee.--The term ``employee'' means an employee as 
        defined by section 8331 or 8401 of title 5, United States Code, 
        and any other individual (not satisfying either of those 
        definitions) serving in an appointive or elective office or 
        position in the executive, legislative, or judicial branch of 
        the Government who, by virtue of that service, is permitted or 
        required to be CSRS covered, CSRS-Offset covered, FERS covered, 
        or Social Security-Only covered.
            (6) Executive director.--The term ``Executive Director of 
        the Federal Retirement Thrift Investment Board'' or ``Executive 
        Director'' means the Executive Director appointed under section 
        8474 of title 5, United States Code.
            (7) FERS.--The term ``FERS'' means the Federal Employees' 
        Retirement System.
            (8) FERS covered.--The term ``FERS covered'', with respect 
        to any service, means service that is subject to chapter 84 of 
        title 5, United States Code.
            (9) Government.--The term ``Government'' has the meaning 
        given such term by section 8331(7) of title 5, United States 
        Code.
            (10) OASDI taxes.--The term ``OASDI taxes'' means the OASDI 
        employee tax and the OASDI employer tax.
            (11) OASDI employee tax.--The term ``OASDI employee tax'' 
        means the tax imposed under section 3101(a) of the Internal 
        Revenue Code of 1986 (relating to Old-Age, Survivors and 
        Disability Insurance).
            (12) OASDI employer tax.--The term ``OASDI employer tax'' 
        means the tax imposed under section 3111(a) of the Internal 
        Revenue Code of 1986 (relating to Old-Age, Survivors and 
        Disability Insurance).
            (13) OASDI trust funds.--The term ``OASDI trust funds'' 
        means the Federal Old-Age and Survivors Insurance Trust Fund 
        and the Federal Disability Insurance Trust Fund.
            (14) Period of erroneous coverage.--The term ``period of 
        erroneous coverage'' means, in the case of a retirement 
        coverage error, the period throughout which retirement coverage 
        is in effect pursuant to such error (or would have been in 
        effect, but for such error).
            (15) Retirement coverage determination.--The term 
        ``retirement coverage determination'' means a determination by 
        an employee or agent of the Government as to whether a 
        particular type of Government service is CSRS covered, CSRS-
        Offset covered, FERS covered, or Social Security-Only covered.
            (16) Retirement coverage error.--The term ``retirement 
        coverage error'' means a retirement coverage determination 
        that, as a result of any error, misrepresentation, or inaction 
        on the part of an employee or agent of the Government 
        (including an error as described in section 163(b)(2)), causes 
        an individual erroneously to be enrolled or not enrolled in a 
        retirement system, as further described in the applicable 
        subtitle of title I.
            (17) Social security-only covered.--The term ``Social 
        Security-Only covered'', with respect to any service, means 
        Government service that constitutes employment under section 
        210 of the Social Security Act (42 U.S.C. 410), and that--
                    (A) is subject to OASDI taxes; but
                    (B) is not subject to any retirement system for 
                Government employees (disregarding title II of the 
                Social Security Act).
            (18) Thrift savings fund.--The term ``Thrift Savings Fund'' 
        means the Thrift Savings Fund established under section 8437 of 
        title 5, United States Code.

SEC. 3. APPLICABILITY.

    (a) In General.--Subject to subsection (b), this Act shall apply 
with respect to any retirement coverage error that occurs before, on, 
or after the date of enactment of this Act, excluding any error 
corrected within 1 year after the date on which it occurs.
    (b) Limitation.--Nothing in this Act shall affect any retirement 
coverage or treatment accorded with respect to any individual in 
connection with any period beginning before the first day of the first 
applicable pay period beginning on or after January 1, 1984.

SEC. 4. RESTRICTION RELATING TO FUTURE CORRECTIONS.

    (a) In General.--Except as otherwise provided in this Act, any 
individual who, on or after the date of enactment of this Act, becomes 
or remains affected by a retirement coverage error may not be excluded 
from or made subject to any retirement system for the sole purpose of 
correcting such error.
    (b) Coordination With Other Laws.--
            (1) In general.--Nothing in this Act shall be considered to 
        preclude any voluntary retirement coverage election made other 
        than under this Act.
            (2) Regulations.--The Office of Personnel Management shall 
        prescribe any regulations which may be necessary to apply this 
        Act in the case of any individual who changes retirement 
        coverage pursuant to an election described in paragraph (1).

SEC. 5. IRREVOCABILITY OF ELECTIONS.

    Any election made (or deemed to have been made) under this Act by 
an employee or any other individual shall be irrevocable.

 TITLE I--DESCRIPTION OF RETIREMENT COVERAGE ERRORS TO WHICH THIS ACT 
              APPLIES AND MEASURES FOR THEIR RECTIFICATION

  Subtitle A--Employee Who Should Have Been FERS Covered, But Who Was 
        Erroneously CSRS Covered or CSRS-Offset Covered Instead

SEC. 101. ELECTIONS.

    (a) Applicability.--This subtitle shall apply in the case of any 
employee who--
            (1) should be (or should have been) FERS covered but, as a 
        result of a retirement coverage error, is (or was) CSRS covered 
        instead; or
            (2) should be (or should have been) FERS covered but, as a 
        result of a retirement coverage error, is (or was) CSRS-Offset 
        covered instead.
    (b) Uncorrected Error.--If, at the time of making an election under 
this section, the retirement coverage error described in paragraph (1) 
or (2) of subsection (a) (as applicable) has not been corrected, the 

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