HR 1351 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1351CommentsClose CommentsPermalink

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, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

April 4, 2011CommentsClose CommentsPermalink

Mr. LYNCH (for himself and Mr. CUMMINGS) introduced the following bill; which was referred to the Committee on Oversight and Government ReformCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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, 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 ‘United States Postal Service Pension Obligation Recalculation and Restoration Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. MODIFIED METHODOLOGY.

(a) In General- Section 8348(h) of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4)(A) To the extent that a determination under paragraph (1), relating to benefits attributable to civilian employment with the United States Postal Service, is based on any provision of law under subparagraph (C), such determination shall be made in accordance with such provision and any otherwise applicable provisions of law, subject to the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) one determination of average pay with respect to service performed with the United States Postal Service; andCommentsClose CommentsPermalink





‘(II) a separate determination of average pay with respect to service performed with its predecessor entity in function.CommentsClose CommentsPermalink





‘(ii) To determine the portion of an annuity attributable to civilian employment with the United States Postal Service, the appropriate percentage to apply under any provision of law under subparagraph (C) with respect to such employment is, in the case of--CommentsClose CommentsPermalink





‘(I) any period of employment with the United States Postal Service which followsCommentsClose CommentsPermalink





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





the applicable percentage under such provision, 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 such provision is being made.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(ii)(I) 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 within 15 days after the date of such determination (or redetermination).CommentsClose CommentsPermalink





‘(II) If a determination under clause (i) is made before a determination under paragraph (2)(B) is made with respect to the same fiscal year, no determination shall be made with respect to such fiscal year under paragraph (2)(B).CommentsClose CommentsPermalink





‘(C) The provisions of law under this subparagraph are--CommentsClose CommentsPermalink





‘(i) the first sentence of section 8339(a); andCommentsClose CommentsPermalink





‘(ii) section 8339(d)(1).CommentsClose CommentsPermalink





‘(5) For purposes of this subsection--CommentsClose CommentsPermalink





‘(A) the term ‘Postal Service Retiree Health Benefits Fund’ refers to the fund described in section 8909a; andCommentsClose CommentsPermalink





‘(B) the term ‘Postal Service Fund’ refers to the fund described in section 2003 of title 39.’.CommentsClose CommentsPermalink





(b) Coordination Provisions- (1) Section 8909a of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Notwithstanding any other provision of law, the amount payable by the Postal Service under subsection (d) in any fiscal year ending on or before September 30, 2021, shall be determined as if section 2(a) of the United States Postal Service Pension Obligation Recalculation and Restoration Act of 2011 had never been enacted.’.CommentsClose CommentsPermalink





(2) Nothing in this Act shall affect the amount of any benefits otherwise payable from the Civil Service Retirement and Disability Fund to any individual.CommentsClose CommentsPermalink





(c) Technical Amendment- The heading for section 8909a of title 5, United States Code, is amended by striking ‘Benefit’ and inserting ‘Benefits’.CommentsClose CommentsPermalink

SEC. 3. ADDITIONAL PROVISIONS.

(a) In General- Section 8348(h)(2) of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(F) Notwithstanding any other provision of this subsection, for purposes of determining the Postal surplus or supplemental liability for each of fiscal years 2016, 2017, 2018, 2019, and 2020, any determination under paragraph (1) shall be made by disregarding paragraph (4)(A) and by instead applying the methodology that was used to carry out this paragraph with respect to the fiscal year preceding the fiscal year referred to in paragraph (4)(B)(i).’.CommentsClose CommentsPermalink





(b) Relating to a Postal Surplus- Section 8348(h)(2)(C) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘2021,’ after ‘2015,’; andCommentsClose CommentsPermalink





(2) by striking ‘if the result is’ and all that follows through ‘terminated.’ and inserting the following: ‘if the result is a surplus--CommentsClose CommentsPermalink





‘(i) that amount shall be transferred--CommentsClose CommentsPermalink





‘(I) to the Postal Service Retiree Health Benefits Fund, except as provided in subclause (II); andCommentsClose CommentsPermalink





‘(II) if the surplus is for fiscal year 2021 or a subsequent fiscal year, to the Postal Service Fund; andCommentsClose CommentsPermalink





‘(ii) any prior amortization schedule for payments shall be terminated.’.CommentsClose CommentsPermalink

SEC. 4. TREATMENT OF CERTAIN SURPLUS RETIREMENT CONTRIBUTIONS.

Section 8423(b) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (5) as paragraph (6); andCommentsClose CommentsPermalink





(2) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink





‘(5) If, for fiscal year 2010, the amount computed under paragraph (1)(B) is less than zero (in this section referred to as ‘surplus postal contributions’), the amount of those surplus postal contributions shall be transferred--CommentsClose CommentsPermalink





‘(A) to the Postal Service Retiree Health Benefits Fund to pay any liability to the Postal Service Retiree Health Benefits Fund for fiscal year 2011;CommentsClose CommentsPermalink





‘(B) if all liability to the Postal Service Retiree Health Benefits Fund for fiscal year 2011 has been paid, to the Employees’ Compensation Fund (as established under section 8147); andCommentsClose CommentsPermalink





‘(C) if all liability of the United States Postal Service to the Employees’ Compensation Fund (as so established) has been paid, to the United States Postal Service for the repayment of any obligation issued under section 2005 of title 39.’.CommentsClose CommentsPermalink

SEC. 5. EFFECTIVE DATE.

(a) In General- This Act and the amendments made by this Act shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Intent of Congress- It is the intent of Congress that this Act apply with respect to the allocation of past, present, and future benefit liabilities between the United States Postal Service and the Treasury of the United States.CommentsClose CommentsPermalink