Home > 106th Congressional Bills > H.R. 5398 (eh) To provide that land which is owned by the Coushatta Tribe of Louisiana but which is not held in trust by the United States for the Tribe may be leased or transferred by the Tribe without further approval by the United States. [Engrossed in...

H.R. 5398 (eh) To provide that land which is owned by the Coushatta Tribe of Louisiana but which is not held in trust by the United States for the Tribe may be leased or transferred by the Tribe without further approval by the United States. [Engrossed in...


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                relates, and
                    ``(IV) the former spouse notifies the plan within 
                the period prescribed under clause (vii) that the 
                former spouse is entitled to benefits under the plan in 
                accordance with the provisions of this subparagraph,
        such domestic relations order shall be treated as a qualified 
        domestic relations order for purposes of this paragraph.
            ``(ii) Amount of benefit.--Any domestic relations order 
        treated as a qualified domestic relations order under clause 
        (i) shall be treated as specifying that the former spouse is 
        entitled to the applicable percentage of the marital share of 
        the participant's accrued benefit.
            ``(iii) Marital share.--For purposes of clause (ii), the 
        marital share of a participant's accrued benefit is an amount 
        equal to the product of--
                    ``(I) such benefit as of the date of the first 
                payment under the plan (to the extent such accrued 
                benefit is vested on the date of the dissolution of the 
                marriage or any later date), and
                    ``(II) a fraction, the numerator of which is the 
                period of participation by the participant under the 
                plan starting with the date of marriage and ending with 
                the date of dissolution of marriage, and the 
                denominator of which is the total period of 
                participation by the participant under the plan.
            ``(iv) Applicable percentage.--For purposes of clause (ii), 
        the applicable percentage is--
                    ``(I) except as provided in subclause (II), 50 
                percent, and
                    ``(II) in the case of a participant who fails to 
                provide the plan with notice of a domestic relations 
                order within the time prescribed under clause (v), 67 
                percent.
            ``(v) Notice by participant.--Each participant in a pension 
        plan shall, within 60 days after the dissolution of the 
        marriage of the participant--
                    ``(I) notify the plan administrator of the plan of 
                such dissolution, and
                    ``(II) provide to the plan administrator a copy of 
                the domestic relations order (including an annulment or 
                other order of marital dissolution) providing for such 
                dissolution and the last known address of the 
                participant's former spouse.
            ``(vi) Notice by plan administrator.--Each plan 
        administrator receiving notice under clause (v) shall promptly 
        notify the former spouse of a participant of such spouse's 
        rights under this subparagraph, including the time period 
        within which such spouse is required to notify the plan of the 
        spouse's intention to claim rights under this subparagraph.
            ``(vii) Notice by former spouse.--A former spouse may 
        notify the plan administrator of such spouse's intent to claim 
        rights under this subparagraph at any time before the last day 
        of the 1-year period following receipt of notice under clause 
        (vi).
            ``(viii) Coordination with plan procedures.--The 
        determination under subparagraph (G)(i)(II) with respect to a 
        domestic relations order to which this subparagraph applies 
        shall be made within a reasonable period of time after the plan 
        administrator receives the notice described in clause (vii).
            ``(ix) Interpretation as qualified domestic relations 
        order.--Each plan shall establish reasonable rules for 
        determining how any such deemed domestic relations order is to 
        be interpreted under the plan so as to constitute a qualified 
        domestic relations order that satisfies subparagraphs (C) 
        through (E) (and a copy of such rules shall be provided to such 
        former spouse promptly after delivery of the divorce decree). 
        Such rules--
                    ``(I) may delay the effect of such an order until 
                the earlier of the date the participant is fully vested 
                or has terminated employment,
                    ``(II) may allow distribution to the former spouse 
                to be made immediately,
                    ``(III) shall permit the former spouse to be paid 
                not later than the earliest retirement age under the 
                plan or the participant's death,
                    ``(IV) may require the submitter of the divorce 
                decree to present a marriage certificate or other 
                evidence of the marriage date to assist in benefit 
                calculations, and
                    ``(V) may conform to the rules applicable to 
                qualified domestic relations orders regarding form or 
                type of benefit.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to notifications made by former spouses pursuant to 
section 206(d)(3)(N)(vii) of the Employee Retirement Income Security 
Act of 1974 (added by this section) after December 31, 2005.

SEC. 205. PERIODS OF FAMILY AND MEDICAL LEAVE TREATED AS HOURS OF 
              SERVICE FOR PENSION PARTICIPATION AND VESTING.

    (a) Participation.--
            (1) In general.--Paragraph (3) of section 202(a) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1052(a)(3)) is amended by adding at the end the following new 
        subparagraph:
    ``(E)(i) For purposes of this subsection, in the case of an 
individual who is absent from work on leave required to be given to 
such individual under the Family and Medical Leave Act of 1993, the 
plan shall treat as hours of service--
            ``(I) the hours of service which otherwise would normally 
        have been credited to such individual but for such absence, or
            ``(II) in any case in which the plan is unable to determine 
        the hours described in subclause (I), 8 hours of service per 
        day of absence.
    ``(ii) The hours described in clause (i) shall be treated as hours 
of service as provided in this subparagraph--
            ``(I) only in the year in which the absence from work 
        begins, if section 203(b)(2)(E)(ii)(I) requires hours to be 
        credited to the year in which the absence from work begins, or
            ``(II) in any other case, in the immediately following 
        year.''.
            (2) Coordination with treatment of maternity and paternity 
        absences under break in service rules.--Subparagraph (A) of 
        section 202(b)(5) of such Act (29 U.S.C. 1052(b)(5)(A)) is 
        amended by adding at the end the following new sentence: ``The 
        preceding sentence shall apply to an absence from work only if 
        no part of such absence is required to be given under the 
        Family and Medical Leave Act of 1993.''.
    (b) Vesting.--
            (1) In general.--Paragraph (2) of section 203(b) of such 
        Act (29 U.S.C. 1053(b)(2)) is amended by adding at the end the 
        following new subparagraph:
    ``(E)(i) For purposes of this subsection, in the case of an 
individual who is absent from work on leave required to be given to 
such individual under the Family and Medical Leave Act of 1993, the 
plan shall treat as hours of service--
            ``(I) the hours of service which otherwise would normally 
        have been credited to such individual but for such absence, or
            ``(II) in any case in which the plan is unable to determine 
        the hours described in subclause (I), 8 hours of service per 
        day of absence.
    ``(ii) The hours described in clause (i) shall be treated as hours 
of service as provided in this subparagraph--
            ``(I) only in the year in which the absence from work 
        begins, if the participant's rights in his accrued benefit 
        derived from employer contributions are to any extent not 
        nonforfeitable and the participant would have a year of service 
        solely because the period of absence is treated as hours of 
        service as provided in clause (i); or
            ``(II) in any other case, in the immediately following 
        year.''.
            (2) Coordination with treatment of maternity and paternity 
        absences under break in service rules.--Clause (i) of section 
        203(b)(3)(E) of such Act (29 U.S.C. 1053(b)(3)(E)(i)) is 
        amended by adding at the end the following new sentence: ``The 
        preceding sentence shall apply to an absence from work only if 
        no part of such absence is required to be given under the 
        Family and Medical Leave Act of 1993.''.
    (c) Application to Current Employees.--The amendments made by this 
section shall not apply to any employee who does not have at least 1 
hour of service in any plan year beginning after December 31, 2005.

SEC. 206. RIGHT OF SPOUSE TO KNOW DISTRIBUTION INFORMATION.

    Paragraph (3) of section 205(c) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1055(c)(3)) is amended by adding at the 
end the following new subparagraph:
    ``(C) At the time a plan provides a participant with a written 
explanation under subparagraph (A) or (B), such plan shall provide a 
copy of such explanation to such participant's spouse. If the last 
known address of the spouse is the same as the last known address of 
the participant, the requirement of the preceding sentence shall be 
treated as met if the copy referred to in the preceding sentence is 
included in a single mailing made to such address and addressed to both 
such participant and spouse.''.

SEC. 207. REPEAL OF REDUCTION IN MILITARY SURVIVOR BENEFIT PLAN 
              ANNUITIES AT AGE 62.

    (a) Computation of Annuity for a Spouse, Former Spouse, or Child.--
Subsection (a) of section 1451 of title 10, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``shall be determined as 
        follows:'' and all that follows and inserting the following: 
        ``shall be the amount equal to 55 percent of the base 
        amount.'';
            (2) in paragraph (2), by striking ``shall be determined as 
        follows:'' and all that follows and inserting the following: 
        ``shall be the amount equal to a percentage of the base amount 
        that is less than 55 percent and is determined under subsection 
        (f).''.
    (b) Annuities for Survivors of Certain Persons Dying During a 
Period of Special Eligibility for SBP.--Subsection (c)(1) of such 
section is amended by striking ``shall be determined as follows:'' and 
all that follows and inserting the following: ``shall be the amount 
equal to 55 percent of the retired pay to which the member or former 
member would have been entitled if the member or former member had been 
entitled to that pay based upon his years of active service when he 
died determined as follows:
            ``(A) In the case of an annuity provided under section 
        1448(d) of this title (other than in a case covered by 
        subparagraph (B)), such retired pay shall be computed as if the 
        member had been retired under section 1201 of this title on the 
        date of the member's death with a disability rated as total.
            ``(B) In the case of an annuity provided under section 
        1448(d)(1)(A) of this title by reason of the death of a member 
        not in line of duty, such retired pay shall be computed based 
        upon the member's years of active service when he died.
            ``(C) In the case of an annuity provided under section 
        1448(f) of this title, such retired pay shall be computed based 
        upon the member or former member's years of active service when 
        he died computed under section 12733 of this title.''.
    (c) Repeal of Requirement for Reduction.--Such section is further 
amended by striking subsection (d).
    (d) Repeal of Unnecessary Supplemental SBP.--(1) Subchapter III of 
chapter 73 of title 10, United States Code, is repealed.
    (2) The table of subchapters at the beginning of such chapter is 
amended by striking the item relating to subchapter III.
    (e) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2005, and shall apply with respect to annuity 
payments for months beginning on or after that date.

SEC. 208. SURVIVOR ANNUITIES FOR WIDOWS, WIDOWERS, AND FORMER SPOUSES 
              OF FEDERAL EMPLOYEES WHO DIE BEFORE ATTAINING AGE FOR 
              DEFERRED ANNUITY UNDER CIVIL SERVICE RETIREMENT SYSTEM.

    (a) Benefits for Widow or Widower.--Section 8341(f) of title 5, 
United States Code, is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by inserting ``a former employee separated from 
                the service with title to deferred annuity from the 
                Fund dies before having established a valid claim for 
                annuity and is survived by a spouse, or if'' before ``a 
                Member''; and
                    (B) by inserting ``of such former employee or 
                Member'' after ``the surviving spouse'';
            (2) in paragraph (1)--
                    (A) by inserting ``former employee or'' before 
                ``Member commencing''; and
                    (B) by inserting ``former employee or'' before 
                ``Member dies''; and
            (3) in the undesignated sentence following paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``former employee or'' before ``Member''; and
                    (B) in subparagraph (B), by inserting ``former 
                employee or'' before ``Member''.
    (b) Benefits for Former Spouse.--Section 8341(h) of title 5, United 
States Code, is amended--
            (1) in paragraph (1), by inserting ``former employee 
        entitled to a deferred annuity under section 8338(a) of this 
        title,'' after ``employee, Member, annuitant,''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)(ii) by striking ``or 
                annuitant,'' and inserting ``annuitant, or former 
                employee''; and
                    (B) in subparagraph (B)(iii) by inserting ``former 
                employee or'' before ``Member''.
    (c) Protection of Survivor Benefit Rights.--Section 8339(j)(3) of 
title 5, United States Code, is amended by adding at the end the 
following: ``The Office shall provide by regulation for the application 
of this subsection to the widow, widower, or surviving former spouse of 
a former employee who dies after having separated from the service with 
title to a deferred annuity under section 8338(a) but before having 
established a valid claim for annuity.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply only in 
the case of a former employee who dies on or after such date.

SEC. 209. ORDER OF PRECEDENCE FOR DISPOSITION OF AMOUNTS REMAINING IN 
              THE THRIFT SAVINGS ACCOUNT OF A FEDERAL EMPLOYEE (OR 
              FORMER EMPLOYEE) WHO DIES BEFORE MAKING AN EFFECTIVE 
              ELECTION CONTROLLING SUCH DISPOSITION.

    (a) In General.--Section 8433(e) of title 5, United States Code, is 
amended--
            (1) by striking ``(e)'' and inserting ``(e)(1)'';
            (2) by striking all that follows ``paid'' and inserting 
        ``in accordance with paragraph (2).''; and
            (3) by adding at the end the following:
    ``(2) An amount under paragraph (1) shall be paid in a manner 
consistent with the provisions of section 8424(d), except that, in 
applying the order of precedence under such provisions--
            ``(A) the widow or widower of the decedent shall be the 
        first party entitled to receive (instead of any designated 
        beneficiary); and
            ``(B) if there is no widow or widower, the party next 
        entitled to receive shall be the beneficiary or beneficiaries 
        designated by the employee or Member (or former employee or 
        Member) in accordance with the procedures that would otherwise 
        normally apply, subject to such additional conditions as the 
        Executive Director shall by regulation prescribe based on 
        section 205(c)(2) of the Employee Retirement Income Security 
        Act of 1974 (relating to spousal consent requirements).''.
    (b) Effective Date.--This section and the amendment made by this 
section shall take effect on the 90th day after the date of the 
enactment of this Act, and shall apply in the case of any individual 
who dies on or after such 90th day.

SEC. 210. AMENDMENTS RELATING TO EFFECTIVE DATE PROVISION OF THE CIVIL 
              SERVICE RETIREMENT SPOUSE EQUITY ACT OF 1984.

    (a) Elimination of Certain Bars to Eligibility.--Section 4(b) of 
the Civil Service Retirement Spouse Equity Act of 1984 (5 U.S.C. 8341 
note) is amended--
            (1) in paragraph (1)(B)(i), by striking ``after September 
        14, 1978, and''; and
            (2) by repealing paragraph (4).
    (b) New Deadline for Applications.--
            (1) In general.--Section 4(b)(1)(B)(iv) of the Civil 
        Service Retirement Spouse Equity Act of 1984 is amended by 

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