HR 2990 IHCommentsClose CommentsPermalink

To provide special pays and allowances to certain members of the Armed Forces, expand concurrent receipt of military retirement and VA disability benefits to disabled military retirees, and for other purposes.CommentsClose CommentsPermalink

June 23, 2009CommentsClose CommentsPermalink

Mr. SKELTON (for himself, Mr. TOWNS, Mr. SPRATT, Mr. WAXMAN, Mr. RAHALL, Mr. MARKEY of Massachusetts, Mrs. DAVIS of California, and Mr. LYNCH) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Oversight and Government Reform, Natural Resources, and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To provide special pays and allowances to certain members of the Armed Forces, expand concurrent receipt of military retirement and VA disability benefits to disabled military retirees, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Disabled Military Retiree Relief Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink

TITLE I--COMPENSATION AND BENEFITS FOR MEMBERS OF THE ARMED FORCES AND MILITARY RETIREES

Subtitle A--Bonuses and Special and Incentive Pays

Sec. 101. One-year extension of certain bonus and special pay authorities for reserve forces.CommentsClose CommentsPermalink





Sec. 102. One-year extension of certain bonus and special pay authorities for health care professionals.CommentsClose CommentsPermalink





Sec. 103. One-year extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink





Sec. 104. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.CommentsClose CommentsPermalink





Sec. 105. One-year extension of authorities relating to payment of other title 37 bonuses and special pay.CommentsClose CommentsPermalink





Sec. 106. One-year extension of authorities relating to payment of referral bonuses.CommentsClose CommentsPermalink





Sec. 107. Technical corrections and conforming amendments to reconcile conflicting amendments regarding continued payment of bonuses and similar benefits for certain members.CommentsClose CommentsPermalink

Subtitle B--Retired Pay Benefits

Sec. 111. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement.CommentsClose CommentsPermalink





Sec. 112. Election to receive retired pay for non-regular service upon retirement for service in an active reserve status performed after attaining eligibility for regular retirement.CommentsClose CommentsPermalink

Subtitle C--Concurrent Receipt of Military Retired Pay and Veterans’ Disability Compensation

Sec. 121. One-year expansion of eligibility for concurrent receipt of military retired pay and veterans’ disability compensation to include all chapter 61 disability retirees regardless of disability rating percentage or years of service.CommentsClose CommentsPermalink

TITLE II--FEDERAL EMPLOYEE BENEFITS

Subtitle A--General Provisions

Sec. 201. Credit for unused sick leave.CommentsClose CommentsPermalink





Sec. 202. Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the civil service retirement system.CommentsClose CommentsPermalink





Sec. 203. Computation of certain annuities based on part-time service.CommentsClose CommentsPermalink





Sec. 204. Authority to deposit refunds under FERS.CommentsClose CommentsPermalink





Sec. 205. Retirement credit for service of certain employees transferred from District of Columbia service to Federal service.CommentsClose CommentsPermalink

Subtitle B--Non-Foreign Area Retirement Equity Assurance

Sec. 211. Short title.CommentsClose CommentsPermalink





Sec. 212. Extension of Locality Pay.CommentsClose CommentsPermalink





Sec. 213. Adjustment of special rates.CommentsClose CommentsPermalink





Sec. 214. Transition schedule for locality-based comparability payments.CommentsClose CommentsPermalink





Sec. 215. Savings provision.CommentsClose CommentsPermalink





Sec. 216. Application to other eligible employees.CommentsClose CommentsPermalink





Sec. 217. Election of additional basic pay for annuity computation by employees.CommentsClose CommentsPermalink





Sec. 218. Regulations.CommentsClose CommentsPermalink





Sec. 219. Effective dates.CommentsClose CommentsPermalink

TITLE III--DEEPWATER OIL AND GAS RESEARCH AND DEVELOPMENT FUNDING SOURCE REPEAL

Sec. 301. Repeal.CommentsClose CommentsPermalink

TITLE I--COMPENSATION AND BENEFITS FOR MEMBERS OF THE ARMED FORCES AND MILITARY RETIREESCommentsClose CommentsPermalink

Subtitle A--Bonuses and Special and Incentive PaysCommentsClose CommentsPermalink

SEC. 101. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’:CommentsClose CommentsPermalink





(1) Section 308b(g), relating to Selected Reserve reenlistment bonus.CommentsClose CommentsPermalink





(2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.CommentsClose CommentsPermalink





(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.CommentsClose CommentsPermalink





(4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.CommentsClose CommentsPermalink





(5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.CommentsClose CommentsPermalink





(6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.CommentsClose CommentsPermalink





(7) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.CommentsClose CommentsPermalink

SEC. 102. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

(a) Title 10 Authorities- The following sections of title 10, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’:CommentsClose CommentsPermalink





(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.CommentsClose CommentsPermalink





(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.CommentsClose CommentsPermalink





(b) Title 37 Authorities- The following sections of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’:CommentsClose CommentsPermalink





(1) Section 302c-1(f), relating to accession and retention bonuses for psychologists.CommentsClose CommentsPermalink





(2) Section 302d(a)(1), relating to accession bonus for registered nurses.CommentsClose CommentsPermalink





(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.CommentsClose CommentsPermalink





(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.CommentsClose CommentsPermalink





(5) Section 302h(a)(1), relating to accession bonus for dental officers.CommentsClose CommentsPermalink





(6) Section 302j(a), relating to accession bonus for pharmacy officers.CommentsClose CommentsPermalink





(7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.CommentsClose CommentsPermalink





(8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.CommentsClose CommentsPermalink

SEC. 103. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’:CommentsClose CommentsPermalink





(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.CommentsClose CommentsPermalink





(2) Section 312b(c), relating to nuclear career accession bonus.CommentsClose CommentsPermalink





(3) Section 312c(d), relating to nuclear career annual incentive bonus.CommentsClose CommentsPermalink

SEC. 104. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.

The following sections of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’:CommentsClose CommentsPermalink





(1) Section 331(h), relating to general bonus authority for enlisted members.CommentsClose CommentsPermalink





(2) Section 332(g), relating to general bonus authority for officers.CommentsClose CommentsPermalink





(3) Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.CommentsClose CommentsPermalink





(4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.CommentsClose CommentsPermalink





(5) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.CommentsClose CommentsPermalink





(6) Section 351(i), relating to hazardous duty pay.CommentsClose CommentsPermalink





(7) Section 352(g), relating to assignment pay or special duty pay.CommentsClose CommentsPermalink





(8) Section 353(j), relating to skill incentive pay or proficiency bonus.CommentsClose CommentsPermalink





(9) Section 355(i), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.CommentsClose CommentsPermalink

SEC. 105. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAY.

The following sections of chapter 5 of title 37, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’:CommentsClose CommentsPermalink





(1) Section 301b(a), relating to aviation officer retention bonus.CommentsClose CommentsPermalink





(2) Section 307a(g), relating to assignment incentive pay.CommentsClose CommentsPermalink





(3) Section 308(g), relating to reenlistment bonus for active members.CommentsClose CommentsPermalink





(4) Section 309(e), relating to enlistment bonus.CommentsClose CommentsPermalink





(5) Section 324(g), relating to accession bonus for new officers in critical skills.CommentsClose CommentsPermalink





(6) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.CommentsClose CommentsPermalink





(7) Section 327(h), relating to incentive bonus for transfer between Armed Forces.CommentsClose CommentsPermalink





(8) Section 330(f), relating to accession bonus for officer candidates.CommentsClose CommentsPermalink

SEC. 106. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL BONUSES.

The following sections of title 10, United States Code, are amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2010’:CommentsClose CommentsPermalink





(1) Section 1030(i), relating to health professions referral bonus.CommentsClose CommentsPermalink





(2) Section 3252(h), relating to Army referral bonus.CommentsClose CommentsPermalink

SEC. 107. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS TO RECONCILE CONFLICTING AMENDMENTS REGARDING CONTINUED PAYMENT OF BONUSES AND SIMILAR BENEFITS FOR CERTAIN MEMBERS.

(a) Technical Corrections To Reconcile Conflicting Amendments- Section 303a(e) of title 37, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(A), by striking ‘paragraph (2)’ and inserting ‘paragraphs (2) and (3)’;CommentsClose CommentsPermalink





(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;CommentsClose CommentsPermalink





(3) in paragraph (5), as so redesignated, by striking ‘paragraph (3)(B)’ and inserting ‘paragraph (4)(B)’;CommentsClose CommentsPermalink





(4) by redesignating paragraph (2), as added by section 651(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as paragraph (3); andCommentsClose CommentsPermalink





(5) by redesignating the second subparagraph (B) of paragraph (1), originally added as paragraph (2) by section 2(a)(3) of the Hubbard Act (Public Law 110-317; 122 Stat. 3526) and erroneously designated as subparagraph (B) by section 651(a)(3) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4495), as paragraph (2).CommentsClose CommentsPermalink





(b) Inclusion of Hubbard Act Amendment in Consolidated Special Pay and Bonus Authorities- Section 373(b) of such title is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by striking the paragraph heading and inserting ‘SPECIAL RULE FOR DECEASED AND DISABLED MEMBERS- ’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) SPECIAL RULE FOR MEMBERS WHO RECEIVE SOLE SURVIVORSHIP DISCHARGE- (A) If a member of the uniformed services receives a sole survivorship discharge, the Secretary concerned--CommentsClose CommentsPermalink





‘(i) shall not require repayment by the member of the unearned portion of any bonus, incentive pay, or similar benefit previously paid to the member; andCommentsClose CommentsPermalink





‘(ii) may grant an exception to the requirement to terminate the payment of any unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that termination of the payment of the unpaid amounts would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.CommentsClose CommentsPermalink





‘(B) In this paragraph, the term ‘sole survivorship discharge’ means the separation of a member from the Armed Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a member who is the only surviving child in a family in which--CommentsClose CommentsPermalink





‘(i) the father or mother or one or more siblings--CommentsClose CommentsPermalink





‘(I) served in the Armed Forces; andCommentsClose CommentsPermalink





‘(II) was killed, died as a result of wounds, accident, or disease, is in a captured or missing in action status, or is permanently 100 percent disabled or hospitalized on a continuing basis (and is not employed gainfully because of the disability or hospitalization); andCommentsClose CommentsPermalink





‘(ii) the death, status, or disability did not result from the intentional misconduct or willful neglect of the parent or sibling and was not incurred during a period of unauthorized absence.’.CommentsClose CommentsPermalink

Subtitle B--Retired Pay BenefitsCommentsClose CommentsPermalink

SEC. 111. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED GRADE OF RESERVE RETIREES TO REFLECT SERVICE AFTER RETIREMENT.

(a) Recomputation of Retired Pay- Section 12739 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e)(1) If a member of the Retired Reserve is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to the recomputation under this section of the retired pay of the member.CommentsClose CommentsPermalink





‘(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who--CommentsClose CommentsPermalink





‘(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;CommentsClose CommentsPermalink





‘(B) completes at least six months of service in such position; andCommentsClose CommentsPermalink





‘(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.’.CommentsClose CommentsPermalink





(b) Adjustment of Retired Grade- Section 12771 of such title is amended--CommentsClose CommentsPermalink





(1) by striking ‘Unless’ and inserting ‘(a) Grade on Transfer- Unless’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(b) Effect of Subsequent Recall to Active Status- (1) If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in section 1370(d) of this title.CommentsClose CommentsPermalink





‘(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who--CommentsClose CommentsPermalink





‘(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;CommentsClose CommentsPermalink





‘(B) completes at least six months of service in such position; andCommentsClose CommentsPermalink





‘(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.’.CommentsClose CommentsPermalink





(c) Retroactive Applicability- The amendments made by this section shall take effect as of January 1, 2008.CommentsClose CommentsPermalink

SEC. 112. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE UPON RETIREMENT FOR SERVICE IN AN ACTIVE RESERVE STATUS PERFORMED AFTER ATTAINING ELIGIBILITY FOR REGULAR RETIREMENT.

(a) Election Authority; Requirements- Subsection (a) of section 12741 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Authority To Elect To Receive Reserve Retired Pay- (1) Notwithstanding the requirement in paragraph (4) of section 12731(a) of this title that a person may not receive retired pay under this chapter when the person is entitled, under any other provision of law, to retired pay or retainer pay, a person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 367, 571, or 867 of this title, if the person--CommentsClose CommentsPermalink





‘(A) satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter;CommentsClose CommentsPermalink





‘(B) served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 367, 571, or 867 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters); andCommentsClose CommentsPermalink





‘(C) completed not less than two years of satisfactory service (as determined by the Secretary concerned) in such active status (excluding any period of active service).CommentsClose CommentsPermalink





‘(2) The Secretary concerned may reduce the minimum two-year service requirement specified in paragraph (1)(C) in the case of a person who--CommentsClose CommentsPermalink





‘(A) completed at least six months of service in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; andCommentsClose CommentsPermalink





‘(B) failed to complete the minimum years of service solely because the appointment of the person to such position was terminated or vacated as described in section 324(b) of title 32.’.CommentsClose CommentsPermalink





(b) Actions To Effectuate Election- Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph:CommentsClose CommentsPermalink





‘(1) terminate the eligibility of the person to retire under chapter 65, 367, 571, or 867 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; and’.CommentsClose CommentsPermalink





(c) Conforming Amendment To Reflect New Variable Age Requirement for Retirement- Subsection (d) of such section is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘attains 60 years of age’ and inserting ‘attains the eligibility age applicable to the person under section 12731(f) of this title’; andCommentsClose CommentsPermalink





(2) in paragraph (2)(A), by striking ‘attains 60 years of age’ and inserting ‘attains the eligibility age applicable to the person under such section’.CommentsClose CommentsPermalink





(d) Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading for section 12741 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement’.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 1223 of such title is amended by striking the item relating to section 12741 and inserting the following new item:CommentsClose CommentsPermalink





‘12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.’.CommentsClose CommentsPermalink





(e) Retroactive Applicability- The amendments made by this section shall take effect as of January 1, 2008.CommentsClose CommentsPermalink

Subtitle C--Concurrent Receipt of Military Retired Pay and Veterans’ Disability CompensationCommentsClose CommentsPermalink

SEC. 121. ONE-YEAR EXPANSION OF ELIGIBILITY FOR CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS’ DISABILITY COMPENSATION TO INCLUDE ALL CHAPTER 61 DISABILITY RETIREES REGARDLESS OF DISABILITY RATING PERCENTAGE OR YEARS OF SERVICE.

(a) Phased Expansion Concurrent Receipt- Subsection (a) of section 1414 of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Payment of Both Retired Pay and Disability Compensation-CommentsClose CommentsPermalink





‘(1) PAYMENT OF BOTH REQUIRED-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (in this section referred to as a ‘qualified retiree’) is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38.CommentsClose CommentsPermalink





‘(B) APPLICABILITY OF FULL CONCURRENT RECEIPT PHASE-IN REQUIREMENT- During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to a qualified retiree is subject to subsection (c).CommentsClose CommentsPermalink





‘(C) PHASE-IN EXCEPTION FOR 100 PERCENT DISABLED RETIREES- The payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following qualified retirees:CommentsClose CommentsPermalink





‘(i) A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.CommentsClose CommentsPermalink





‘(ii) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.CommentsClose CommentsPermalink





‘(D) TEMPORARY PHASE-IN EXCEPTION FOR CERTAIN CHAPTER 61 DISABILITY RETIREES; TERMINATION- Subject to subsection (b), during the period beginning on January 1, 2010, and ending on September 30, 2010, subsection (c) shall not apply to a qualified retiree described in subparagraph (B) or (C) of paragraph (2).CommentsClose CommentsPermalink





‘(2) QUALIFYING SERVICE-CONNECTED DISABILITY DEFINED- In this section, the term ‘qualifying service-connected disability’ means the following:CommentsClose CommentsPermalink





‘(A) In the case of a member or former member receiving retired pay under any provision of law other than chapter 61 of this title, or under chapter 61 with 20 years or more of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs.CommentsClose CommentsPermalink





‘(B) In the case of a member or former member receiving retired pay under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated by the Secretary of Veterans Affairs at the disabling level specified in one of the following clauses (and, subject to paragraph (3), is effective on or after the date specified in the applicable clause):CommentsClose CommentsPermalink





‘(i) January 1, 2010, rated 100 percent, or a rate payable at 100 percent by reason of individual unemployability or rated 90 percent.CommentsClose CommentsPermalink





‘(ii) January 1, 2011, rated 80 percent or 70 percent.CommentsClose CommentsPermalink





‘(iii) January 1, 2012, rated 60 percent or 50 percent.CommentsClose CommentsPermalink





‘(C) In the case of a member or former member receiving retired pay under chapter 61 regardless of years of service, a service-connected disability or combination of service-connected disabilities that is rated by the Secretary of Veterans Affairs at the disabling level specified in one of the following clauses (and, subject to paragraph (3), is effective on or after the date specified in the applicable clause):CommentsClose CommentsPermalink





‘(i) January 1, 2013, rated 40 percent or 30 percent.CommentsClose CommentsPermalink





‘(ii) January 1, 2014, any rating.CommentsClose CommentsPermalink





‘(3) LIMITED DURATION- Notwithstanding the effective date specified in each clause of subparagraphs (B) and (C) of paragraph (2), the clause shall apply only if the termination date specified in subparagraph (D) of paragraph (1) occurs during or after the calendar year specified in the clause, except that, eligibility may not extend beyond the termination date.’.CommentsClose CommentsPermalink





(b) Conforming Amendment to Special Rules for Chapter 61 Disability Retirees- Subsection (b) of such section is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Special Rules for Chapter 61 Disability Retirees When Eligibility Has Been Established for Such Retirees-CommentsClose CommentsPermalink





‘(1) GENERAL REDUCTION RULE- The retired pay of a member retired under chapter 61 of this title is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the members retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.CommentsClose CommentsPermalink





‘(2) RETIREES WITH FEWER THAN 20 YEARS OF SERVICE-CommentsClose CommentsPermalink





‘(A) BEFORE TERMINATION DATE- If a member with a qualifying service-connected disability (as defined in subsection (a)(2)) is retired under chapter 61 of this title with fewer than 20 years of creditable service otherwise creditable under section 1405 or computed under section 12732 of this title, and the termination date specified in subsection (a)(1)(D) has not occurred, the retired pay of the member is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount equal to 2 1/2 percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.CommentsClose CommentsPermalink





‘(B) AFTER TERMINATION DATE- Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the retirement of the member if the termination date in paragraph (1)(D) of such subsection has occurred.’.CommentsClose CommentsPermalink





(c) Conforming Amendment to Full Concurrent Receipt Phase-In- Subsection (c) of such section is amended by striking ‘the second sentence of’.CommentsClose CommentsPermalink





(d) Clerical Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 1414. Concurrent receipt of retired pay and veterans’ disability compensation’.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 71 of such title is amended by striking the item related to section 1414 and inserting the following new item:CommentsClose CommentsPermalink





‘1414. Concurrent receipt of retired pay and veterans’ disability compensation.’.CommentsClose CommentsPermalink





(e) Effective Date- The amendments made by this section shall take effect on January 1, 2010.CommentsClose CommentsPermalink

TITLE II--FEDERAL EMPLOYEE BENEFITSCommentsClose CommentsPermalink

Subtitle A--General ProvisionsCommentsClose CommentsPermalink

SEC. 201. CREDIT FOR UNUSED SICK LEAVE.

(a) In General- Section 8415 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating the second subsection (k) and subsection (l) as subsections (l) and (m), respectively; andCommentsClose CommentsPermalink





(2) in subsection (l) (as so redesignated by paragraph (1))--CommentsClose CommentsPermalink





(A) by striking ‘(l) In computing’ and inserting ‘(l)(1) In computing’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) Except as provided in paragraph (1), in computing an annuity under this subchapter, the total service of an employee who retires on an immediate annuity or who dies leaving a survivor or survivors entitled to annuity includes the days of unused sick leave to his credit under a formal leave system and for which days the employee has not received payment, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter. For purposes of this subsection, in the case of any such employee who is excepted from subchapter I of chapter 63 under section 6301(2)(x) through (xiii), the days of unused sick leave to his credit include any unused sick leave standing to his credit when he was excepted from such subchapter.’.CommentsClose CommentsPermalink





(b) Exception From Deposit Requirement- Section 8422(d)(2) of title 5, United States Code, is amended by striking ‘section 8415(k)’ and inserting ‘paragraph (1) or (2) of section 8415(l)’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply with respect to annuities computed based on separations occurring on or after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 202. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED ANNUITY UNDER THE CIVIL SERVICE RETIREMENT SYSTEM.

(a) In General- Section 8334(d)(2)(A)(i) of title 5, United States Code, is amended by striking ‘October 1, 1990’ each place it appears and inserting ‘March 1, 1991’.CommentsClose CommentsPermalink





(b) Applicability- The amendment made by subsection (a) shall be effective with respect to any annuity, entitlement to which is based on a separation from service occurring on or after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 203. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-TIME SERVICE.

(a) In General- Section 8339(p) of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(3) In the administration of paragraph (1)--CommentsClose CommentsPermalink





‘(A) subparagraph (A) of such paragraph shall apply with respect to service performed before, on, or after April 7, 1986; andCommentsClose CommentsPermalink





‘(B) subparagraph (B) of such paragraph--CommentsClose CommentsPermalink





‘(i) shall apply with respect to that portion of any annuity which is attributable to service performed on or after April 7, 1986; andCommentsClose CommentsPermalink





‘(ii) shall not apply with respect to that portion of any annuity which is attributable to service performed before April 7, 1986.’.CommentsClose CommentsPermalink





(b) Applicability- The amendment made by subsection (a) shall be effective with respect to any annuity, entitlement to which is based on a separation from service occurring on or after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 204. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

(a) Deposit Authority- Section 8422 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i)(1) Each employee or Member who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which such employee or Member may be allowed credit under this chapter may deposit the amount received, with interest. Credit may not be allowed for the service covered by the refund until the deposit is made.CommentsClose CommentsPermalink





‘(2) Interest under this subsection shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the Office. The option under the third sentence of section 8334(e)(2) to make a deposit in one or more installments shall apply to deposits under this subsection.CommentsClose CommentsPermalink





‘(3) For the purpose of survivor annuities, deposits authorized by this subsection may also be made by a survivor of an employee or Member.’.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) DEFINITIONAL AMENDMENT- Section 8401(19)(C) of title 5, United States Code, is amended by striking ‘8411(f);’ and inserting ‘8411(f) or 8422(i);’.CommentsClose CommentsPermalink





(2) CREDITING OF DEPOSITS- Section 8422(c) of title 5, United States Code, is amended by adding at the end the following: ‘Deposits made by an employee, Member, or survivor also shall be credited to the Fund.’.CommentsClose CommentsPermalink





(3) SECTION HEADING- (A) The heading for section 8422 of title 5, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 8422. Deductions from pay; contributions for other service; deposits’.

(B) The analysis for chapter 84 of title 5, United States Code, is amended by striking the item relating to section 8422 and inserting the following:CommentsClose CommentsPermalink





‘8422. Deductions from pay; contributions for other service; deposits.’.CommentsClose CommentsPermalink





(4) RESTORATION OF ANNUITY RIGHTS- The last sentence of section 8424(a) of title 5, United States Code, is amended by striking ‘based.’ and inserting ‘based, until the employee or Member is reemployed in the service subject to this chapter.’.CommentsClose CommentsPermalink

SEC. 205. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE TO FEDERAL SERVICE.

(a) Retirement Credit-CommentsClose CommentsPermalink





(1) IN GENERAL- Any individual who is treated as an employee of the Federal Government for purposes of chapter 83 or chapter 84 of title 5, United States Code, on or after the date of enactment of this Act who performed qualifying District of Columbia service shall be entitled to have such service included in calculating the individual’s creditable service under sections 8332 or 8411 of title 5, United States Code, but only for purposes of the following provisions of such title:CommentsClose CommentsPermalink





(A) Sections 8333 and 8410 (relating to eligibility for annuity).CommentsClose CommentsPermalink





(B) Sections 8336 (other than subsections (d), (h), and (p) thereof) and 8412 (relating to immediate retirement).CommentsClose CommentsPermalink





(C) Sections 8338 and 8413 (relating to deferred retirement).CommentsClose CommentsPermalink





(D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating to early retirement).CommentsClose CommentsPermalink





(E) Section 8341 and subchapter IV of chapter 84 (relating to survivor annuities).CommentsClose CommentsPermalink





(F) Section 8337 and subchapter V of chapter 84 (relating to disability benefits).CommentsClose CommentsPermalink





(2) TREATMENT OF DETENTION OFFICER SERVICE AS LAW ENFORCEMENT OFFICER SERVICE- Any portion of an individual’s qualifying District of Columbia service which consisted of service as a detention officer under section 2604(2) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be treated as service as a law enforcement officer under sections 8331(20) or 8401(17) of title 5, United States Code, for purposes of applying paragraph (1) with respect to the individual.CommentsClose CommentsPermalink





(3) SERVICE NOT INCLUDED IN COMPUTING AMOUNT OF ANY ANNUITY- Qualifying District of Columbia service shall not be taken into account for purposes of computing the amount of any benefit payable out of the Civil Service Retirement and Disability Fund.CommentsClose CommentsPermalink





(b) Qualifying District of Columbia Service Defined- In this section, ‘qualifying District of Columbia service’ means any of the following:CommentsClose CommentsPermalink





(1) Service performed by an individual as a nonjudicial employee of the District of Columbia courts--CommentsClose CommentsPermalink





(A) which was performed prior to the effective date of the amendments made by section 11246(b) of the Balanced Budget Act of 1997; andCommentsClose CommentsPermalink





(B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title).CommentsClose CommentsPermalink





(2) Service performed by an individual as an employee of an entity of the District of Columbia government whose functions were transferred to the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee under section 11232 of the Balanced Budget Act of 1997--CommentsClose CommentsPermalink





(A) which was performed prior to the effective date of the individual’s coverage as an employee of the Federal Government under section 11232(f) of such Act; andCommentsClose CommentsPermalink





(B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title).CommentsClose CommentsPermalink





(3) Service performed by an individual as an employee of the District of Columbia Public Defender Service--CommentsClose CommentsPermalink





(A) which was performed prior to the effective date of the amendments made by section 7(e) of the District of Columbia Courts and Justice Technical Corrections Act of 1998; andCommentsClose CommentsPermalink





(B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title).CommentsClose CommentsPermalink





(4) In the case of an individual who was an employee of the District of Columbia Department of Corrections who was separated from service as a result of the closing of the Lorton Correctional Complex and who was appointed to a position with the Bureau of Prisons, the District of Columbia courts, the Pretrial Services, Parole, Adult Supervision, and Offender Supervision Trustee, the United States Parole Commission, or the District of Columbia Public Defender Service, service performed by the individual as an employee of the District of Columbia Department of Corrections--CommentsClose CommentsPermalink





(A) which was performed prior to the effective date of the individual’s coverage as an employee of the Federal Government; andCommentsClose CommentsPermalink





(B) for which the individual did not ever receive credit under the provisions of subchapter III of chapter 83 or chapter 84 of title 5, United States Code (other than by virtue of section 8331(1)(iv) of such title).CommentsClose CommentsPermalink





(c) Certification of Service- The Office of Personnel Management shall accept the certification of the appropriate personnel official of the government of the District of Columbia or other independent employing entity concerning whether an individual performed qualifying District of Columbia service and the length of the period of such service the individual performed.CommentsClose CommentsPermalink

Subtitle B--Non-Foreign Area Retirement Equity AssuranceCommentsClose CommentsPermalink

SEC. 211. SHORT TITLE.

This subtitle may be cited as the ‘Non-Foreign Area Retirement Equity Assurance Act of 2009’ or the ‘Non-Foreign AREA Act of 2009’.CommentsClose CommentsPermalink

SEC. 212. EXTENSION OF LOCALITY PAY.

(a) Locality-based Comparability Payments- Section 5304 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (f)(1), by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) each General Schedule position in the United States, as defined under section 5921(4), and its territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands, shall be included within a pay locality;’;CommentsClose CommentsPermalink





(2) in subsection (g)--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) in subparagraph (B) by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding after subparagraph (B) the following:CommentsClose CommentsPermalink





‘(C) positions under subsection (h)(1)(C) not covered by appraisal systems certified under section 5382; and’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) The applicable maximum under this subsection shall be level II of the Executive Schedule for positions under subsection (h)(1)(C) covered by appraisal systems certified under section 5307(d).’; andCommentsClose CommentsPermalink





(3) in subsection (h)(1)--CommentsClose CommentsPermalink





(A) in subparagraph (B) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) by redesignating subparagraph (C) as subparagraph (D);CommentsClose CommentsPermalink





(C) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink





‘(C) a Senior Executive Service position under section 3132 or 3151 or a senior level position under section 5376 stationed within the United States, but outside the 48 contiguous States and the District of Columbia in which the incumbent was an individual who on the day before the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009 was eligible to receive a cost-of-living allowance under section 5941; and’;CommentsClose CommentsPermalink





(D) in clause (iv) in the matter following subparagraph (D), by inserting ‘, except for members covered by subparagraph (C)’ before the semicolon; andCommentsClose CommentsPermalink





(E) in clause (v) in the matter following subparagraph (D), by inserting ‘, except for members covered by subparagraph (C)’ before the semicolon.CommentsClose CommentsPermalink





(b) Allowances Based on Living Costs and Conditions of Environment- Section 5941 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by adding after the last sentence ‘Notwithstanding any preceding provision of this subsection, the cost-of-living allowance rate based on paragraph (1) shall be the cost-of-living allowance rate in effect on the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009, except as adjusted under subsection (c).’;CommentsClose CommentsPermalink





(2) by redesignating subsection (b) as subsection (d); andCommentsClose CommentsPermalink





(3) by inserting after subsection (a) the following:CommentsClose CommentsPermalink





‘(b) This section shall apply only to areas that are designated as cost-of-living allowance areas as in effect on December 31, 2009.CommentsClose CommentsPermalink





‘(c)(1) The cost-of-living allowance rate payable under this section shall be adjusted on the first day of the first applicable pay period beginning on or after--CommentsClose CommentsPermalink





‘(A) January 1, 2010; andCommentsClose CommentsPermalink





‘(B) January 1 of each calendar year in which a locality-based comparability adjustment takes effect under section 214 (2) and (3) of the Non-Foreign Area Retirement Equity Assurance Act of 2009.CommentsClose CommentsPermalink





‘(2)(A) In this paragraph, the term ‘applicable locality-based comparability pay percentage’ means, with respect to calendar year 2010 and each calendar year thereafter, the applicable percentage under section 214 (1), (2), or (3) of Non-Foreign Area Retirement Equity Assurance Act of 2009.CommentsClose CommentsPermalink





‘(B) Each adjusted cost-of-living allowance rate under paragraph (1) shall be computed by--CommentsClose CommentsPermalink





‘(i) subtracting 65 percent of the applicable locality-based comparability pay percentage from the cost-of-living allowance percentage rate in effect on December 31, 2009; andCommentsClose CommentsPermalink





‘(ii) dividing the resulting percentage determined under clause (i) by the sum of--CommentsClose CommentsPermalink





‘(I) one; andCommentsClose CommentsPermalink





‘(II) the applicable locality-based comparability payment percentage expressed as a numeral.CommentsClose CommentsPermalink





‘(3) No allowance rate computed under paragraph (2) may be less than zero.CommentsClose CommentsPermalink





‘(4) Each allowance rate computed under paragraph (2) shall be paid as a percentage of basic pay (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law).’.CommentsClose CommentsPermalink

SEC. 213. ADJUSTMENT OF SPECIAL RATES.

(a) In General- Each special rate of pay established under section 5305 of title 5, United States Code, and payable in an area designated as a cost-of-living allowance area under section 5941(a) of that title, shall be adjusted, on the dates prescribed by section 214 of this subtitle, in accordance with regulations prescribed by the Director of the Office of Personnel Management under section 218 of this subtitle.CommentsClose CommentsPermalink





(b) Agencies With Statutory Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- Each special rate of pay established under an authority described under paragraph (2) and payable in a location designated as a cost-of-living allowance area under section 5941(a)(1) of title 5, United States Code, shall be adjusted in accordance with regulations prescribed by the applicable head of the agency that are consistent with the regulations issued by the Director of the Office of Personnel Management under subsection (a).CommentsClose CommentsPermalink





(2) STATUTORY AUTHORITY- The authority referred to under paragraph (1), is any statutory authority that--CommentsClose CommentsPermalink





(A) is similar to the authority exercised under section 5305 of title 5, United States Code;CommentsClose CommentsPermalink





(B) is exercised by the head of an agency when the head of the agency determines it to be necessary in order to obtain or retain the services of persons specified by statute; andCommentsClose CommentsPermalink





(C) authorizes the head of the agency to increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations.CommentsClose CommentsPermalink





(c) Temporary Adjustment- Regulations issued under subsection (a) or (b) may provide that statutory limitations on the amount of such special rates may be temporarily raised to a higher level during the transition period described in section 214 ending on the first day of the first pay period beginning on or after January 1, 2012, at which time any special rate of pay in excess of the applicable limitation shall be converted to a retained rate under section 5363 of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 214. TRANSITION SCHEDULE FOR LOCALITY-BASED COMPARABILITY PAYMENTS.

Notwithstanding any other provision of this subtitle or section 5304 or 5304a of title 5, United States Code, in implementing the amendments made by this subtitle, for each non-foreign area determined under section 5941(b) of that title, the applicable rate for the locality-based comparability adjustment that is used in the computation required under section 5941(c) of that title shall be adjusted effective on the first day of the first pay period beginning on or after January 1--CommentsClose CommentsPermalink





(1) in calendar year 2010, by using 1/3 of the locality pay percentage for the rest of United States locality pay area;CommentsClose CommentsPermalink





(2) in calendar year 2011, by using 2/3 of the otherwise applicable comparability payment approved by the President for each non-foreign area; andCommentsClose CommentsPermalink





(3) in calendar year 2012 and each subsequent year, by using the full amount of the applicable comparability payment approved by the President for each non-foreign area.CommentsClose CommentsPermalink

SEC. 215. SAVINGS PROVISION.

(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the application of this subtitle to any employee should not result in a decrease in the take home pay of that employee;CommentsClose CommentsPermalink





(2) in calendar year 2012 and each subsequent year, no employee shall receive less than the Rest of the U.S. locality pay rate;CommentsClose CommentsPermalink





(3) concurrent with the surveys next conducted under the provisions of section 5304(d)(1)(A) of title 5, United States Code, beginning after the date of the enactment of this Act, the Bureau of Labor Statistics should conduct separate surveys to determine the extent of any pay disparity (as defined by section 5302 of that title) that may exist with respect to positions located in the State of Alaska, the State of Hawaii, and the United States territories, including American Samoa, Guam, Commonwealth of the Northern Mariana Islands, Commonwealth of Puerto Rico, and the United States Virgin Islands;CommentsClose CommentsPermalink





(4) if the surveys under paragraph (3) indicate that the pay disparity determined for the State of Alaska, the State of Hawaii, or any 1 of the United States territories including American Samoa, Guam, Commonwealth of the Northern Mariana Islands, Commonwealth of Puerto Rico, and the United States Virgin Islands exceeds the pay disparity determined for the locality which (for purposes of section 5304 of that title) is commonly known as the ‘Rest of the United States’, the President’s Pay Agent should take appropriate measures to provide that each such surveyed area be treated as a separate pay locality for purposes of that section; andCommentsClose CommentsPermalink





(5) the President’s Pay Agent will establish 1 locality area for the entire State of Hawaii and 1 locality area for the entire State of Alaska.CommentsClose CommentsPermalink





(b) Savings Provisions-CommentsClose CommentsPermalink





(1) IN GENERAL- During the period described under section 214 of this subtitle, an employee paid a special rate under 5305 of title 5, United States Code, who the day before the date of enactment of this Act was eligible to receive a cost-of-living allowance under section 5941 of title 5, United States Code, and who continues to be officially stationed in an allowance area, shall receive an increase in the employee’s special rate consistent with increases in the applicable special rate schedule. For employees in allowance areas, the minimum step rate for any grade of a special rate schedule shall be increased at the time of an increase in the applicable locality rate percentage for the allowance area by not less than the dollar increase in the locality-based comparability payment for a non-special rate employee at the same minimum step provided under section 214 of this subtitle, and corresponding increases shall be provided for all step rates of the given pay range.CommentsClose CommentsPermalink





(2) CONTINUATION OF COST OF LIVING ALLOWANCE RATE- If an employee, who the day before the date of enactment of this Act was eligible to receive a cost-of-living allowance under section 5941 of title 5, United States Code, would receive a rate of basic pay and applicable locality-based comparability payment which is in excess of the maximum rate limitation set under section 5304(g) of title 5, United States Code, for his position (but for that maximum rate limitation) due to the operation of this subtitle, the employee shall continue to receive the cost-of-living allowance rate in effect on December 31, 2009 without adjustment until--CommentsClose CommentsPermalink





(A) the employee leaves the allowance area or pay system; orCommentsClose CommentsPermalink





(B) the employee is entitled to receive basic pay (including any applicable locality-based comparability payment or similar supplement) at a higher rate,CommentsClose CommentsPermalink





but, when any such position becomes vacant, the pay of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation.CommentsClose CommentsPermalink





(3) LOCALITY-BASED COMPARABILITY PAYMENTS- Any employee covered under paragraph (2) shall receive any applicable locality-based comparability payment extended under section 214 of this subtitle which is not in excess of the maximum rate set under section 5304(g) of title 5, United States Code, for his position including any future increase to statutory pay limitations under 5318 of title 5, United States Code. Notwithstanding paragraph (2), to the extent that an employee covered under that paragraph receives any amount of locality-based comparability payment, the cost-of-living allowance rate under that paragraph shall be reduced accordingly, as provided under section 5941(c)(2)(B) of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 216. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

(a) In General-CommentsClose CommentsPermalink





(1) DEFINITION- In this subsection, the term ‘covered employee’ means--CommentsClose CommentsPermalink





(A) any employee who--CommentsClose CommentsPermalink





(i) on the day before the date of enactment of this Act--CommentsClose CommentsPermalink





(I) was eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; andCommentsClose CommentsPermalink





(II) was not eligible to be paid locality-based comparability payments under 5304 or 5304a of that title; orCommentsClose CommentsPermalink





(ii) on or after the date of enactment of this Act becomes eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; orCommentsClose CommentsPermalink





(B) any employee who--CommentsClose CommentsPermalink





(i) on the day before the date of enactment of this Act--CommentsClose CommentsPermalink





(I) was eligible to be paid an allowance under section 1603(b) of title 10, United States Code;CommentsClose CommentsPermalink





(II) was eligible to be paid an allowance under section 1005(b) of title 39, United States Code;CommentsClose CommentsPermalink





(III) was employed by the Transportation Security Administration of the Department of Homeland Security and was eligible to be paid an allowance based on section 5941 of title 5, United States Code; orCommentsClose CommentsPermalink





(IV) was eligible to be paid under any other authority a cost-of-living allowance that is equivalent to the cost-of-living allowance under section 5941 of title 5, United States Code; orCommentsClose CommentsPermalink





(ii) on or after the date of enactment of this Act--CommentsClose CommentsPermalink





(I) becomes eligible to be paid an allowance under section 1603(b) of title 10, United States Code;CommentsClose CommentsPermalink





(II) becomes eligible to be paid an allowance under section 1005(b) of title 39, United States Code;CommentsClose CommentsPermalink





(III) is employed by the Transportation Security Administration of the Department of Homeland Security and becomes eligible to be paid an allowance based on section 5941 of title 5, United States Code; orCommentsClose CommentsPermalink





(IV) is eligible to be paid under any other authority a cost-of-living allowance that is equivalent to the cost-of-living allowance under section 5941 of title 5, United States Code.CommentsClose CommentsPermalink





(2) APPLICATION TO COVERED EMPLOYEES-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding any other provision of law, for purposes of this subtitle (including the amendments made by this subtitle) any covered employee shall be treated as an employee to whom section 5941 of title 5, United States Code (as amended by section 212 of this subtitle), and section 214 of this subtitle apply.CommentsClose CommentsPermalink





(B) PAY FIXED BY STATUTE- Pay to covered employees under section 5304 or 5304a of title 5, United States Code, as a result of the application of this subtitle shall be considered to be fixed by statute.CommentsClose CommentsPermalink





(C) PERFORMANCE APPRAISAL SYSTEM- With respect to a covered employee who is subject to a performance appraisal system no part of pay attributable to locality-based comparability payments as a result of the application of this subtitle including section 5941 of title 5, United States Code (as amended by section 212 of this subtitle), may be reduced on the basis of the performance of that employee.CommentsClose CommentsPermalink





(b) Postal Employees in Non-foreign Areas-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 1005(b) of title 39, United States Code, is amended--CommentsClose CommentsPermalink





(A) by inserting ‘(1)’ after ‘(b)’;CommentsClose CommentsPermalink





(B) by striking ‘Section 5941,’ and inserting ‘Except as provided under paragraph (2), section 5941’;CommentsClose CommentsPermalink





(C) by striking ‘For purposes of such section,’ and inserting ‘Except as provided under paragraph (2), for purposes of section 5941 of that title,’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) On and after the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009--CommentsClose CommentsPermalink





‘(A) the provisions of that Act and section 5941 of title 5 shall apply to officers and employees covered by section 1003 (b) and (c) whose duty station is in a nonforeign area; andCommentsClose CommentsPermalink





‘(B) with respect to officers and employees of the Postal Service (other than those officers and employees described under subparagraph (A)) of section 216(b)(2) of that Act shall apply.’.CommentsClose CommentsPermalink





(2) CONTINUATION OF COST OF LIVING ALLOWANCE-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding any other provision of this subtitle, any employee of the Postal Service (other than an employee covered by section 1003 (b) and (c) of title 39, United States Code, whose duty station is in a nonforeign area) who is paid an allowance under section 1005(b) of that title shall be treated for all purposes as if the provisions of this subtitle (including the amendments made by this subtitle) had not been enacted, except that the cost-of-living allowance rate paid to that employee--CommentsClose CommentsPermalink





(i) may result in the allowance exceeding 25 percent of the rate of basic pay of that employee; andCommentsClose CommentsPermalink





(ii) shall be the greater of--CommentsClose CommentsPermalink





(I) the cost-of-living allowance rate in effect on December 31, 2009, for the applicable area; orCommentsClose CommentsPermalink





(II) the applicable locality-based comparability pay percentage under section 214.CommentsClose CommentsPermalink





(B) RULE OF CONSTRUCTION- Nothing in this subtitle shall be construed to--CommentsClose CommentsPermalink





(i) provide for an employee described under subparagraph (A) to be a covered employee as defined under subsection (a); orCommentsClose CommentsPermalink





(ii) authorize an employee described under subparagraph (A) to file an election under section 217 of this subtitle.CommentsClose CommentsPermalink

SEC. 217. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY EMPLOYEES.

(a) Definition- In this section the term ‘covered employee’ means any employee--CommentsClose CommentsPermalink





(1) to whom section 214 applies;CommentsClose CommentsPermalink





(2) who is separated from service by reason of retirement under chapter 83 or 84 of title 5, United States Code, during the period of January 1, 2010, through December 31, 2012; andCommentsClose CommentsPermalink





(3) who files an election with the Office of Personnel Management under subsection (b).CommentsClose CommentsPermalink





(b) Election-CommentsClose CommentsPermalink





(1) IN GENERAL- An employee described under subsection (a) (1) and (2) may file an election with the Office of Personnel Management to be covered under this section.CommentsClose CommentsPermalink





(2) DEADLINE- An election under this subsection may be filed not later than December 31, 2012.CommentsClose CommentsPermalink





(c) Computation of Annuity-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided under paragraph (2), for purposes of the computation of an annuity of a covered employee any cost-of-living allowance under section 5941 of title 5, United States Code, paid to that employee during the first applicable pay period beginning on or after January 1, 2010, through the first applicable pay period ending on or after December 31, 2012, shall be considered basic pay as defined under section 8331(3) or 8401(4) of that title.CommentsClose CommentsPermalink





(2) LIMITATION- The amount of the cost-of-living allowance which may be considered basic pay under paragraph (1) may not exceed the amount of the locality-based comparability payments the employee would have received during that period for the applicable pay area if the limitation under section 214 of this subtitle did not apply.CommentsClose CommentsPermalink





(d) Civil Service Retirement and Disability Retirement Fund-CommentsClose CommentsPermalink





(1) EMPLOYEE CONTRIBUTIONS- A covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund--CommentsClose CommentsPermalink





(A) an amount equal to the difference between--CommentsClose CommentsPermalink





(i) employee contributions that would have been deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during the period described under subsection (c) of this section if the cost-of-living allowances described under that subsection had been treated as basic pay under section 8331(3) or 8401(4) of title 5, United States Code; andCommentsClose CommentsPermalink





(ii) employee contributions that were actually deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during that period; andCommentsClose CommentsPermalink





(B) interest as prescribed under section 8334(e) of title 5, United States Code, based on the amount determined under subparagraph (A).CommentsClose CommentsPermalink





(2) AGENCY CONTRIBUTIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- The employing agency of a covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund an amount for applicable agency contributions based on payments made under paragraph (1).CommentsClose CommentsPermalink





(B) SOURCE- Amounts paid under this paragraph shall be contributed from the appropriation or fund used to pay the employee.CommentsClose CommentsPermalink





(3) REGULATIONS- The Office of Personnel Management may prescribe regulations to carry out this section.CommentsClose CommentsPermalink

SEC. 218. REGULATIONS.

(a) In General- The Director of the Office of Personnel Management shall prescribe regulations to carry out this subtitle, including--CommentsClose CommentsPermalink





(1) rules for special rate employees described under section 213;CommentsClose CommentsPermalink





(2) rules for adjusting rates of basic pay for employees in pay systems administered by the Office of Personnel Management when such employees are not entitled to locality-based comparability payments under section 5304 of title 5, United States Code, without regard to otherwise applicable statutory pay limitations during the transition period described in section 214 ending on the first day of the first pay period beginning on or after January 1, 2012; andCommentsClose CommentsPermalink





(3) rules governing establishment and adjustment of saved or retained rates for any employee whose rate of pay exceeds applicable pay limitations on the first day of the first pay period beginning on or after January 1, 2012.CommentsClose CommentsPermalink





(b) Other Pay Systems- With the concurrence of the Director of the Office of Personnel Management, the administrator of a pay system not administered by the Office of Personnel Management shall prescribe regulations to carry out this subtitle with respect to employees in such pay system, consistent with the regulations prescribed by the Office under subsection (a). With respect to employees not entitled to locality-based comparability payments under section 5304 of title 5, United States Code, regulations prescribed under this subsection may provide for special payments or adjustments for employees who were eligible to receive a cost-of-living allowance under section 5941 of that title on the date before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 219. EFFECTIVE DATES.

(a) In General- Except as provided by subsection (b), this subtitle (including the amendments made by this subtitle) shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Locality Pay and Schedule- The amendments made by section 212 and the provisions of section 214 shall take effect on the first day of the first applicable pay period beginning on or after January 1, 2010.CommentsClose CommentsPermalink

TITLE III--DEEPWATER OIL AND GAS RESEARCH AND DEVELOPMENT FUNDING SOURCE REPEALCommentsClose CommentsPermalink

SEC. 301. REPEAL.

Effective October 1, 2010, section 999H of the Energy Policy Act of 2005 (42 U.S.C. 16378) is amended--CommentsClose CommentsPermalink





(1) by striking subsections (a), (b), (c), and (f);CommentsClose CommentsPermalink





(2) by redesignating subsections (d) and (e) as subsections (a) and (b), respectively;CommentsClose CommentsPermalink





(3) in subsection (a), as so redesignated, by striking ‘obligated from the Fund under subsection (a)(1)’ and inserting ‘available under this section’; andCommentsClose CommentsPermalink





(4) in subsection (b), as so redesignated, by striking ‘In addition to other amounts that are made available to carry out this section, there’ and inserting ‘There’.CommentsClose CommentsPermalink