Text: H.R.4431 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-352 (12/21/2018)

 
[115th Congress Public Law 352]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5067]]

Public Law 115-352
115th Congress

                                 An Act


 
 To amend title 5, United States Code, to provide for interest payments 
 by agencies in the case of administrative error in processing certain 
    annuity deposits for prior military service or certain volunteer 
service, and for other purposes. <<NOTE: Dec. 21, 2018 -  [H.R. 4431]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Correcting 
Miscalculations in Veterans' Pensions Act. 5 USC 101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Correcting Miscalculations in 
Veterans' Pensions Act''.
SEC. 2. ERROR IN PROCESSING OF ANNUITY DEPOSIT FOR FORMER MEMBERS 
                    OF THE UNIFORMED SERVICES.

    (a) CSRS.--Section 8334(j) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(6)(A) In calculating and processing the deposit under paragraph 
(1) with respect to an employee, Member, or annuitant, if the employing 
agency of such employee, Member, or annuitant makes an administrative 
error, such employing agency may pay, on behalf of the employee, Member, 
or annuitant, any additional interest assessed due to the administrative 
error.
    ``(B) For purposes of subparagraph (A), the Secretary of the Senate 
or the Chief Administrative Officer of the House of Representatives, as 
appropriate, shall be considered the employing agency of a Member or 
Congressional employee.
    ``(C) <<NOTE: Regulations.>>  The Director of the Office of 
Personnel Management shall issue such regulations as are necessary to 
carry out this paragraph.''.

    (b) FERS.--Section 8422(e) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(7)(A) In calculating and processing the deposit under paragraph 
(1) with respect to an employee, Member, or annuitant, if the employing 
agency of such employee, Member, or annuitant makes an administrative 
error, such employing agency may pay, on behalf of the employee, Member, 
or annuitant, any additional interest assessed due to the administrative 
error.
    ``(B) For purposes of subparagraph (A), the Secretary of the Senate 
or the Chief Administrative Officer of the House of Representatives, as 
appropriate, shall be considered the employing agency of a Member or 
Congressional employee.
    ``(C) <<NOTE: Regulations.>>  The Director of the Office of 
Personnel Management shall issue such regulations as are necessary to 
carry out this paragraph.''.

[[Page 132 STAT. 5068]]

SEC. 3. ERROR IN PROCESSING OF ANNUITY DEPOSIT FOR CERTAIN 
                    VOLUNTEERS.

    (a) CSRS.--Section 8334(l) of title 5, United States Code, is 
amended by adding at the end of the following:
    ``(5)(A) In calculating and processing the deposit under paragraph 
(1) with respect to an employee, Member, or annuitant, if an employing 
agency of such employee, Member, or annuitant makes an administrative 
error that causes additional interest assessed to accrue on the deposit, 
the employing agency may pay, on behalf of the employee, Member, or 
annuitant, any additional interest assessed due to the administrative 
error.
    ``(B) In calculating and processing the deposit under paragraph (1) 
with respect to an employee, Member, or annuitant, if the Office of 
Personnel Management makes an administrative error that causes 
additional interest assessed to accrue on the deposit, the Office of 
Personnel Management may pay, on behalf of the employee, Member, or 
annuitant, any additional interest assessed due to the administrative 
error.
    ``(C) For purposes of subparagraph (A), the Secretary of the Senate 
or the Chief Administrative Officer of the House of Representatives, as 
appropriate, shall be considered the employing agency of a Member or 
congressional employee.
    ``(D) <<NOTE: Regulations.>>  The Director of the Office of 
Personnel Management shall issue such regulations as are necessary to 
carry out this paragraph.''.

    (b) FERS.--Section 8422(f) of title 5, United States Code, is 
amended by adding at the end of the following:
    ``(5)(A) In calculating and processing the deposit under paragraph 
(1) with respect to an employee, Member, or annuitant, if an employing 
agency of such employee, Member, or annuitant makes an administrative 
error that causes additional interest assessed to accrue on the deposit, 
the employee, Member, or annuitant's employing agency may pay, on behalf 
of the employee, Member, or annuitant, any additional interest assessed 
due to the administrative error.
    ``(B) In calculating and processing the deposit under paragraph (1) 
with respect to an employee, Member, or annuitant, if the Office of 
Personnel Management makes an administrative error that causes 
additional interest assessed to accrue on the deposit, the Office of 
Personnel Management may pay, on behalf of the employee, Member, or 
annuitant, any additional interest assessed due to the administrative 
error.
    ``(C) For purposes of subparagraph (A), the Secretary of the Senate 
or the Chief Administrative Officer of the House of Representatives, as 
appropriate, shall be considered the employing agency of a Member or 
congressional employee.
    ``(D) <<NOTE: Regulations.>>  The Director of the Office of 
Personnel Management shall issue such regulations as are necessary to 
carry out this paragraph.''.

    (c) <<NOTE: 5 USC 8334 note.>>  Authorization of Payments.--All 
payments from the Office of Personnel Management authorized by 
subsections (a) and (b) shall be paid from the Civil Service Retirement 
and Disability Fund, and together with administrative expenses incurred 
by the Office in administering these subsections, shall be deemed to 
have

[[Page 132 STAT. 5069]]

been authorized to be paid from that Fund, which is appropriated for the 
payment thereof.

    Approved December 21, 2018.

LEGISLATIVE HISTORY--H.R. 4431:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-946, Pt. 1 (Comm. on Oversight and Government 
Reform).
CONGRESSIONAL RECORD, Vol. 164 (2018):
            Sept. 26, considered and passed House.
            Dec. 13, considered and passed Senate.

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