Text: S.1890 — 101st Congress (1989-1990)All Information (Except Text)

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--S.1890--
S.1890
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To amend title 5, United States Code, to provide relief from certain inequities
remaining in the crediting of National Guard technician service in connection
with civil service retirement, 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. ELIMINATION OF POST-1968 SERVICE AS A PREREQUISITE TO RETIREMENT
CREDIT.
 Section 8332(b) of title 5, United States Code, relating to creditable
 service, is amended by striking out `Service referred to in paragraph (6)
 is allowable only in the case of persons performing service under section
 709 of title 32 after December 31, 1968.'
SEC. 2. ELIMINATION OF POST-1968 SERVICE AS A PREREQUISITE TO RECEIVING
CREDIT FOR PURPOSES OF CERTAIN OTHER BENEFITS.
 Section 3(c) of the National Guard Technicians Act of 1968 (82 Stat. 757;
 32 U.S.C. 709 note) is amended by striking out the last sentence.
SEC. 3. APPLICABILITY.
 (a) RULE FOR SECTION 1-
 (1) General rule-
 (A) ELIGIBILITY- Except as provided in paragraph (2), the amendment made
 by section 1 applies only with respect to individuals who--
 (i) separate from employment with the Government on or after the date of
 enactment of this Act; and
 (ii) make an appropriate deposit, in accordance with section 8334(c) or
 8411(f) of title 5, United States Code (as appropriate), for additional
 service that is creditable under such amendment.
 (B) DEPOSIT- Any such deposit--
 (i) shall include interest, which shall be computed under section 8334(e)
 of such title (except that the rate of interest shall be 3 percent a year)
 from the midpoint of the period of additional service to the date deposit
 is made; and
 (ii) shall be made before date of retirement.
 (2) Exception-
 (A) RULE FOR INDIVIDUALS SEPARATING AFTER DECEMBER 31, 1968, AND BEFORE
 THE ENACTMENT OF THIS ACT- In the case of any individual who--
 (i) was employed under section 709 of title 32, United States Code, relating
 to National Guard technicians, or any prior corresponding provision of law,
 before January 1, 1969, and
 (ii) was separated from employment with the Government on or after January 1,
 1969, and before the date of enactment of this Act,
any annuity under subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, based on such individual's service (as defined in section
8331(12) or 8401(26) of such title, as applicable) shall be determined
or redetermined to take into account the amendment made by section 1,
if application therefor is received by the Office of Personnel Management
within 1 year after the date of enactment of this Act, and an appropriate
deposit is made for any additional service that is creditable under such
amendment. Any such deposit shall be computed, and must be paid either in
a lump sum at the time of application or in installments over the 2-year
period which begins on the date of application, or such shorter period as
the Office may by regulation prescribe.
 (B) EARLIER PAYMENTS NOT AFFECTED BY RECOMPUTATION- Any change in an annuity
 resulting from a redetermination under subparagraph (A) shall apply only with
 respect to monthly payments accruing after the date the deposit required under
 subparagraph (A) is made (or, if payments are to be made in installments,
 after an agreement has been entered into regarding the manner in which such
 payments will be made).
 (3) PAYMENT BY SURVIVORS- For the purpose of survivor annuities, any deposit
 or installment payment required by paragraph (1) or (2) relating to service
 of an individual may also be made by a survivor of such individual.
 (b) RULE FOR SECTION 2-
 (1) GENERAL RULE- Except as provided in paragraph (2), the amendment made by
 section 2 applies only with respect to an individual performing service as
 an officer or employee of the Government on or after the date of enactment
 of this Act and only to determine--
 (A) any annual leave accruing under section 6303 of title 5, United States
 Code, to the individual on or after such date; and
 (B) the individual's length of service for the purposes of entitlement to
 Federal employee death and disability compensation, group life insurance
 and health benefits, severance pay, tenure, and status.
 (2) Exception-
 (A) RULE FOR INDIVIDUALS SEPARATING AFTER DECEMBER 31, 1968, AND BEFORE THE
 ENACTMENT OF THIS ACT- The amendment made by section 2 of this Act applies
 with respect to any individual who separated from Government employment
 after December 31, 1968, and before the date of the enactment of this Act,
 for the purpose of determining whether such individual satisfies the length
 of service requirement under section 8901(3)(A) of title 5, United States Code
 (relating to the definition of the term `annuitant', as in effect at the time
 of such individual's separation) for the purposes of chapter 89 of such title.
 (B) CONDITIONS FOR ENROLLING IN A HEALTH BENEFITS PLAN- Any individual who
 satisfies the length of service requirement referred to in subparagraph (A)
 as a result of the application of the amendment made by section 2 shall be
 enrolled in a health benefits plan (described in section 8903 of such title)
 of such individual's choice, if--
 (i) application for enrollment is received by the Office of Personnel
 Management within one year after the date of the enactment of this Act; and
 (ii) such individual would have qualified under section 8905(b)(1) of such
 title at the time of such individual's separation.
SEC. 4. REGULATIONS.
 The Office of Personnel Management shall prescribe any regulations necessary
 for the implementation of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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