H.R. 5746 (111th): United States Postal Service’s CSRS Obligation Modification Act of 2010

111th Congress, 2009–2010. Text as of Jul 15, 2010 (Introduced).

Status & Summary | PDF | Source: GPO

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111th CONGRESS

2d Session

H. R. 5746

IN THE HOUSE OF REPRESENTATIVES

July 15, 2010

introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

To amend the provisions of title 5, United States Code, relating to the methodology for calculating the amount of any Postal surplus or supplemental liability under the Civil Service Retirement System.

1.

Short title

This Act may be cited as the United States Postal Service’s CSRS Obligation Modification Act of 2010.

2.

Modified methodology

Section 8348(h) of title 5, United States Code, is amended by adding at the end the following:

(4)
(A)

To the extent that a determination under paragraph (1)(A), relating to future benefits attributable to civilian employment with the United States Postal Service, is based on the first sentence of section 8339(a), such determination shall be made in accordance with such sentence and otherwise applicable provisions of law, subject to the following:

(i)

The average pay used in the case of any individual shall be a single amount, determined in accordance with section 8331(4), taking into account the rates of basic pay in effect for such individual during the periods of creditable service performed by such individual. Nothing in this subsection shall be considered to permit or require—

(I)

one determination of average pay with respect to service performed with the United States Postal Service; and

(II)

a separate determination of average pay with respect to service performed with its predecessor entity in function.

(ii)

To determine the portion of an annuity attributable to civilian employment with the United States Postal Service, the appropriate percentage to apply under the provisions of section 8339(a) with respect to such employment is, in the case of—

(I)

any period of employment with the United States Postal Service which follows

(II)

any other period of employment creditable under section 8332 (whether with the entity referred to in clause (i)(II) or otherwise),

the applicable percentage under such provisions, determined after taking into account any periods of employment described in subclause (II) which precede the period of employment (described in subclause (I)) as to which the determination of the appropriate percentage to apply under section 8339(a) is being made.
(B)
(i)

Not later than the date which occurs 6 months after the date of enactment of this paragraph, the Office shall determine (or, if applicable, redetermine) the amount of the Postal surplus or supplemental liability as of the close of the fiscal year most recently ending before such date of enactment, in conformance with the methodology required under subparagraph (A).

(ii)

If the result of the determination (or redetermination) under clause (i) is a surplus, the Office shall transfer the amount of such surplus to the Postal Service Retiree Health Benefits Fund in such manner as the Office shall, within 90 days after the date of such determination (or redetermination), by regulation prescribe.

(iii)

For purposes of clause (ii), the term Postal Service Retiree Health Benefits Fund refers to the fund described in section 8909a.

.

3.

Effective date

(a)

In general

This Act and the amendment made by this Act shall take effect on the date of enactment of this Act.

(b)

Rule of construction

Nothing in this Act shall be considered to require a redetermination with respect to any fiscal year preceding the fiscal year referred to in section 8348(h)(4)(B)(i) of title 5, United States Code, as amended by this Act.