H.R. 5337 (107th): Agricultural Extended Retirement Credit Act of 2002

107th Congress, 2001–2002. Text as of Sep 05, 2002 (Introduced).

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HR 5337 IH

107th CONGRESS

2d Session

H. R. 5337

To amend title 5, United States Code, to allow periods of certain service performed as an employee under certain Cooperative Federal-State programs to be creditable for purposes of civil service retirement.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 5, 2002

Mrs. MORELLA introduced the following bill; which was referred to the Committee on Government Reform


A BILL

To amend title 5, United States Code, to allow periods of certain service performed as an employee under certain Cooperative Federal-State programs to be creditable for purposes of civil service retirement.

    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 ‘Agricultural Extended Retirement Credit Act of 2002’.

SEC. 2. PURPOSES.

    The purposes of this Act are--

      (1) to extend creditable service, for purposes of the Civil Service Retirement System, for periods of service in certain qualified Federal-State cooperative programs which had agricultural or related purposes;

      (2) to expedite the retirement of certain Federal Government employees by providing them improved retirement opportunities at typical retirement ages, thereby mitigating potentially adverse effects of deficit control measures on the welfare of those and other employees of the United States Department of Agriculture; and

      (3) to effect savings in budget authority and outlays in the Department of Agriculture in such a manner that the potential for adverse effects on program effectiveness is minimized.

SEC. 3. EXTENSION OF CREDITABLE SERVICE.

    (a) EXTENDED CREDIT DEFINED- Section 8331 of title 5, United States Code, is amended--

      (1) by striking ‘and’ after the semicolon at the end of paragraph (27);

      (2) by striking the period at the end of paragraph (28) and inserting ‘; and’; and

      (3) by adding after such paragraph (28) the following:

      ‘(29) ‘extended credit’ means creditable service for periods of service in Federal-State cooperative programs under section 8332(b)(18).’.

    (b) CREDITABLE SERVICE- Section 8332(b) of title 5, United States Code, is amended--

      (1) by striking ‘and’ after the semicolon at the end of paragraph (16);

      (2) by striking the period at the end of paragraph (17) and inserting ‘; and’; and

      (3) by adding after such paragraph (17) the following:

      ‘(18) subject to sections 8334(c) and 8339(i), service performed before January 1, 1984, by an individual in the employ of a State or an instrumentality of a State, if--

        ‘(A) such service involved duties related to the carrying out of a Federal-State cooperative program described in subsection (o)(1);

        ‘(B) such individual was later employed in a position which was then subject to this subchapter; and

        ‘(C) such individual (or a survivor thereof) makes application for certification of credit for such service on or before the 180th day following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002.’.

    (c) CERTIFICATION- Section 8332(b) of title 5, United States Code, is further amended by adding at the end the following: ‘The Office of Personnel Management shall accept, for purposes of this subchapter, the certification of the Secretary of Agriculture, or his designee, concerning service of the type described in paragraph (18).’.

    (d) COOPERATIVE PROGRAMS DESCRIBED- Section 8332 of title 5, United States Code, is amended by adding at the end the following:

    ‘(o)(1) The Federal-State cooperative programs described in this subsection for which creditable service is allowable under subsection (b)(18) are--

      ‘(A) the Federal-State cooperative program of agricultural research of the State agricultural experiment stations as defined in section 1 of the Act entitled ‘An Act to consolidate the Hatch Act of 1887 and laws supplementary thereto relating to the appropriation of Federal funds for support of agricultural experiment stations in the States, Alaska, Hawaii, and Puerto Rico’, approved August 11, 1955 (69 Stat. 671);

      ‘(B) the Federal-State cooperative program of forestry research at eligible institutions of the State as defined in section 2 of the Act entitled ‘An Act to authorize the Secretary of Agriculture to encourage and assist the several States in carrying on a program of forestry research, and for other purposes’, approved October 10, 1962 (76 Stat. 806), and popularly referred to as the McIntire-Stennis Act;

      ‘(C) the Federal-State cooperative program of agricultural research for the fiscal year ending June 30, 1967 and later fiscal years at the 1890 land-grant colleges, including Tuskegee Institute, as defined in subsection 1445(a) of the ‘National Agricultural Research, Extension, and Teaching Policy Act of 1977’, approved September 29, 1977 (91 Stat. 1009);

      ‘(D) the Federal-State cooperative program of agricultural extension work authorized by the Act entitled ‘An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen

hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture’, approved May 8, 1914 (38 Stat. 372), and acts supplementary thereto;

      ‘(E) the Federal-State cooperative program of vocational education, including State programs of instruction in vocational agriculture and home economics authorized by the Act entitled ‘An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure’, approved February 23, 1917 (39 Stat. 929), and acts supplementary thereto;

      ‘(F) the Federal-State cooperative program in marketing service and research authorized by the Agricultural Marketing Act of 1946, approved August 14, 1946 (60 Stat. 1087), and predecessor programs, including programs to inspect, certify, and identify the class, quality, quantity, and condition of agricultural products shipped or received in interstate commerce;

      ‘(G) the Federal-State cooperative program for the control of plant pests and animal diseases authorized by the subheading entitled ‘Federal Horticulture Board’ under the heading entitled ‘Department of Agriculture’ of the Act entitled ‘An Act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and prior fiscal years, on account of war expenses, and for other purposes’, approved October 6, 1917 (40 Stat. 374); by section 102 of the Department of Agriculture Organic Act of 1944, approved September 21, 1944 (58 Stat. 734); by the joint resolution entitled ‘Joint resolution making funds available for the control of incipient or emergency outbreaks of insect pests or plant diseases, including grasshoppers, mormon crickets, and chinch bugs’, approved April 6, 1937 (50 Stat. 57); by the Act entitled ‘An Act to provide for regulating, inspecting, cleaning, and, when necessary, disinfecting railway cars, other vehicles, and other materials entering the United States from Mexico’, approved January 31, 1942 (56 Stat. 40); by the Act entitled ‘An Act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes’, approved August 20, 1912 (37 Stat. 315); by the first paragraph under the subheading entitled ‘Enforcement of the Plant-Quarantine Act’ under the heading entitled ‘Miscellaneous’ of the Act entitled ‘An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen’, approved March 4, 1913 (37 Stat. 853), insofar as such paragraph relates to the importation of certain plants for scientific purposes; by the second, third, and fourth paragraphs under the subheading entitled ‘Enforcement of the Plant-Quarantine Act’ under the heading entitled ‘Miscellaneous’ of the Act entitled ‘An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and sixteen’, approved March 4, 1915 (38 Stat. 1113); and by section 11 of the Act entitled ‘An Act for the establishment of a Bureau of Animal Industry, to prevent the exportation of diseased cattle, and to provide for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals’, approved May 29, 1884 (23 Stat. 31);

      ‘(H) the Federal-State cooperative programs of forest protection, management, and improvement performed under authority of the Act entitled ‘An Act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on the lands chiefly suitable therefore’, approved June 7, 1924 (43 Stat. 653); of the Cooperative Forest Management Act, approved August 25, 1950 (64 Stat. 473); and of the Forest Pest Control Act, approved June 25, 1947 (61 Stat. 177); and the predecessor programs of any Act referred to in this paragraph;

      ‘(I) the Federal-State cooperative programs of emergency relief, including State rural rehabilitation corporation programs established for the purposes of the Federal Emergency Relief Act of 1933, approved May 12, 1933 (48 Stat. 55); the Act entitled ‘An Act making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the civil works program, and for other purposes’, approved February 15, 1934 (48 Stat. 351); and title II of the Act entitled ‘An Act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1934, and prior fiscal years, to provide supplemental general and emergency appropriations for the fiscal years ending June 30, 1934, and June 30, 1935, and for other purposes’, approved June 19, 1934 (48 Stat. 1021);

      ‘(J) the Federal-State Cooperative Veterans’ educational programs, including part-time instruction in on-the-farm training programs, as provided for in title II, chapter IV, ‘Education of Veterans’, of the Serviceman’s Readjustment Act of 1944, approved June 22, 1944 (58 Stat. 287), and subsequent amendments and Acts pertaining thereto;

      ‘(K) the Federal-State cooperative programs in wildlife restoration and in fish restoration and management authorized respectively by the Acts entitled ‘An Act to provide that the United States shall aid these States in wildlife restoration projects, and for other purposes’, approved September 2, 1937 (50 Stat. 917), and popularly referred to as the Pittman-Robertson Act, and ‘An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes’,

approved August 9, 1950, and popularly referred to as the Dingell-Johnson Act (64 Stat. 431) and the program of animal damage control authorized by the Act entitled ‘An Act to authorize the Secretary of Agriculture to carry out his ten-year cooperative program for the eradication, suppression, or bringing under control of predatory and other wild animals injurious to agriculture, horticulture, forestry, animal husbandry, wild game, and other interests, and for the suppression of rabies and tularemia in predatory or other wild animals, and for other purposes’, approved March 2, 1931 (46 Stat. 1468).

    ‘(2) Within 60 days following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002, the Office of Personnel Management shall promulgate specific extended credit application and certification instructions to be followed by the Secretary of Agriculture in determining eligibility for extended credit for periods of service in the Federal-State cooperative programs enumerated in subsection (b)(18), and by individuals in making application for such extended credit.’.

    (e) ANNUITY ADJUSTMENTS- Section 8345 of title 5, United States Code, is amended by adding at the end the following:

    ‘(m) If the Secretary of Agriculture certifies to the Office of Personnel Management creditable service for purposes of this subchapter of the type described in section 8332(b)(17), in response to application by an annuitant or survivor annuitant, then the annuity of the annuitant or survivor annuitant shall be adjusted on the first day of the month following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002 so that the amount of the annuity shall be the same as if the total creditable service of the employee or Member, on whose creditable service the annuity was computed, had included, on the original date on which the annuity was computed, the amount of service certified.’.

SEC. 4. EXPEDITED RETIREMENT SAVINGS.

    (a) IN GENERAL- Notwithstanding any other provisions of law, the Secretary of Agriculture shall at the end of each pay period for which both the first and last days occur in the expedited retirement period transfer to the expedited retirement trust fund, out of any monies appropriated to the Department of Agriculture, an amount equal to expedited retirement savings for that pay period.

    (b) DEFINITIONS- For the purpose of this section--

      (1) the term ‘pay period’ means the biweekly Federal pay period;

      (2) the term ‘expedited retirement period’ means the period beginning on the 60th day after the date of enactment of this Act and ending at the end of the fourth fiscal year which begins on or after the first day of such period;

      (3) the term ‘expedited retiree’ means an individual who retires from a position in the Department of Agriculture on any day of the expedited retirement period and who receives extended credit under the amendments made by this Act;

      (4) the term ‘expedited retiree pay rate’ means the biweekly regular pay rate of an expedited retiree on his or her last day of employment before retirement;

      (5) the term ‘expedited retirement savings’ means, for any given pay period for which both the first and last days occurred within the expedited retirement period, the aggregate of 160 percent of the expedited retiree pay rates for all expedited retirees whose last day of employment prior to retirement occurred on or before the first day of the given pay period; and

      (6) the term ‘expedited retirement trust fund’ means a trust fund of the Department of Agriculture which serves as depository for budget authority and outlay saved in any fiscal year of the expedited retirement period resulting from implementation of this Act and amendments made by this Act.

SEC. 5. LIMITATION ON USE OF SAVINGS.

    (a) IN GENERAL- (1) None of the budget authority and outlays saved in any fiscal year by reason of the transfer of expedited retirement savings to the expedited retirement trust fund resulting from the implementation of this Act and the amendments made by this Act may be obligated or expended for any purpose.

    (2) The total amount of budget authority and outlays saved in any fiscal year (as described in paragraph (1)) shall, at the end of that fiscal year be carried to the surplus fund of the Department of Agriculture and deposited by the Secretary of Agriculture in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, as a contribution of the United States Government to such Fund, under such procedures as the Comptroller General may prescribe.

    (3) The total amount of budget authority and outlays saved in any fiscal year (as described in paragraph (1)) shall be credited against any amount of pay and other personnel and direct support costs required to be sequestered in such fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177).

    (b) AUDITS- The Comptroller General shall notify Congress, in writing, of each noncompliance with the requirements of subsection (a).

SEC. 6. PROGRAM REPORT.

    (a) IN GENERAL- Not later than 1 year after the first day of the expedited retirement period, the Director of the Office of Personnel Management shall transmit to Congress a report containing an evaluation of the expedited retirement savings program.

    (b) CONTENTS OF REPORT- The report under subsection (a) shall include the following:

      (1) The number of employees who retired under the expedited retirement program, stated by age group of the retirees, and by grade or other position classification of the retirees.

      (2) The amount of expedited retirement savings that have resulted, before the date of the report, from the implementation of this Act and the amendments made by this Act.

    (c) ADMINISTRATIVE PROVISION- The Director of the Office of Personnel Management may obtain from any agency of the Federal Government such information as the Director determines necessary to prepare the report required by subsection (a).