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S. 1120 (103rd): World War II Cadet Nurse Civil Service Fairness Act


The text of the bill below is as of Jun 16, 1993 (Introduced).


S 1120 IS

103d CONGRESS

1st Session

S. 1120

To provide that periods of training in the Cadet Nurse Corps during World War II be made creditable for Federal retirement purposes with respect to annuitants and certain other individuals not included under Public Law 99-638.

IN THE SENATE OF THE UNITED STATES

June 16 (legislative day, JUNE 15), 1993

Mr. SHELBY introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs


A BILL

To provide that periods of training in the Cadet Nurse Corps during World War II be made creditable for Federal retirement purposes with respect to annuitants and certain other individuals not included under Public Law 99-638.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘World War II Cadet Nurse Civil Service Fairness Act’.

SEC. 2. ELIGIBILITY OF ANNUITANTS.

    (a) CONDITIONS FOR ANNUITY REDETERMINATIONS GENERALLY- Subject to subsection (b) and the following sentence, in the case of any individual who--

      (1) engaged in at least one year of training as a student or graduate nurse under a plan approved under section 2 of the Act of June 15, 1943 (57 Stat. 153), and

      (2) was separated from service as an employee (within the meaning of section 8331(1) of title 5, United States Code) before the date of the enactment of this Act,

    any annuity under subchapter III of chapter 83 of such title, based on the service of such individual, shall be redetermined by taking into account, and treating as creditable service, any period of such training engaged in by such individual. An individual shall be ineligible for consideration under this section if such individual could have qualified for a redetermined annuity under the first section of Public Law 99-638.

    (b) APPLICATION AND DEPOSIT REQUIREMENTS- This section shall not apply with respect to any individual satisfying subsection (a) unless, within fourteen months after the date of the enactment of this Act, such individual--

      (1) submits appropriate written application to the Office of Personnel Management in such form and manner as the Office may prescribe; and

      (2) makes an appropriate deposit in accordance with section 8334(c) of title 5, United States Code, with respect to the period of training involved.

    (c) PROSPECTIVE APPLICABILITY- Any change in an annuity resulting from a redetermination under subsection (a) shall be effective only with respect to amounts accruing for months beginning after the requirements of paragraphs (1) and (2) of subsection (b) have been met by the individual involved.

SEC. 3. ELIGIBILITY OF CERTAIN OTHER INDIVIDUALS.

    (a) IN GENERAL- In the case of any individual who engaged in at least one year but less than two years of training (as described in section 1(a)(1)), the total period of such training shall be treated as creditable civilian service for purposes of subchapter III of chapter 83, or chapter 84, of title 5, United States Code, as applicable, if--

      (1) within fourteen months after the date of the enactment of this Act, such individual submits appropriate written application to the Office of Personnel Management in such form and manner as the Office may prescribe;

      (2) at the time of filing the application under paragraph (1), such individual is employed by the Government and subject to subchapter III of chapter 83, or chapter 84, of such title; and

      (3) before the date of the separation on which is based the individual’s entitlement to an annuity under subchapter III of chapter 83, or chapter 84, of such title, as applicable, such individual deposits into the Civil Service Retirement and Disability Fund the amount required under subsection (b) with respect to the period of training involved.

    (b) DEPOSIT REQUIREMENT- The amount to be deposited under subsection (a)(3) shall be determined by the Office of Personnel Management in a manner consistent with applicable provisions of subchapter III of chapter 83, or chapter 84, of title 5, United States Code, or title III of the Federal Employees’ Retirement System Act of 1986, as the case may be, relating to deposits for earlier periods of civilian service for which deductions from basic pay have not been made.

SEC. 4. REGULATIONS.

    The Office of Personnel Management shall, not later than two months after the date of the enactment of this Act, prescribe regulations to carry out this Act.