eee | '~ Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 — March 18, 1986 AMENDMENT TO H. R. 3660 TO ESTABLISH A NEW SUPPLEMENTAL RETIREMENT SYSTEM FOR MEMBERS OF THE FOREIGN SERVICE OF THE UNITED STATES Redesignate title IV as V and immediately following title Ill, insert the following: TITLE IV--FOREIGN SERVICE RETIREMENT SEC. 401. SHORT TITLE. This title may be cited as the Foreign Service Supplemental Retirement System Act of 1986. SEC. 410. REDESIGNATION OF CERTAIN PROVISIONS OF THE FOREIGN SERVICE ACT OF 1980. (a) Chapter 8 of title I of the Foreign Service Act of 1980 (94 Stat. 2102; 22 U.S.C. 4041 et seq.) is amended-- (1) by striking out the caption of such chapter and inserting in lieu thereof of the following: "CHAPTER 8--FOREIGN SERVICE RETIREMENT AND DISABILITY "SUBCHAPTER I--FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM" (2) by striking out “this chapter" each place it appeérs and inserting in lieu thereof "this subchapter"; and (3) by inserting "under this subchapter" after “payable from the Fund" each place it appears. (b)(1) Section 804(3) of such Act (94 Stat. 2103 ; 22 U.S.C. 4044(3)) relating to the definition of “court” Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 | Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 -?2Q- is amended by striking out “or of the District of Columbia" and inserting in lieu thereof the following: °, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court as defined by section 201(3) of the Act entitled 'An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes’, approved April ll, 1968 (25° U.S... F301(3)7 82 Stat. 777" « (2) Section 808(d) of such Act (94 Stat. 2110; 22 U.S.C. 4048(d)) is amended-- (A) by striking out "such subchapter" each place it appears in the second and third sentences and inserting in lieu thereof "subchapter I of such chapter 8"; and (B) by striking out "Act each place it appears and inserting in lieu thereof “subchapter”. (3) Section 809(e) of such Act (94 Stat. 2111; 22 U.S.C. 4048(e) is amended by striking out "Act" each place it appeers and inserting in lieu thereof "subcherter®. (c) Section 809(a) of such Act (94 Stat. 2111; 22 U.S.C. 4049(a)) is amended by striking out "Act ane inserting in lieu thereof “subchapter”. (d) Add the following at the end of paragraph (10) in section 804 (94 Stat. 2104; 22 U.S.C. 4044(10)) of such Act and at the end of subsections 814(a)(1) and (b)(1) (94 Stat. 2113 and 2115; 22 U.S.C. 4054(a)(1) and (b)(1), respectively), Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ————== Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 ah SS) ee and before the last sentence in subsection 815(i) (94 Stat. 21173; 22 U.S.C. 4055(i1)) of Such Act: "(The ‘creditable service’ referred to in the preceding sentence means service that is creditable under both subchapters I and II of this chapter.)”. SEC. 411. CONTRIBUTIONS TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM. Section 805 of the Foreign Service Act of 1980 (94 Stat. 2104; 22 U.S.C. 4045) is amended-- (1) by inserting "Except as provided in subsection (g),” before "7 percent" in the first sentence of subsection (a); and (2) by adding at the end eherese the following new subsection (9): "(g) Effective with respect to pay periods peqinning after December 31, 1986, in administrating this section with respect to an employee or member of the Service whO was a participant subject to this subchapter before January 1, 1984, and whose service-- "(A) is employment for tne purposes of titie II of the Social Security Act anc chapter 21 of the Internal Revenue Code of 1954, and *(B) is not creditable service for any purpose under subchapter 11 of this chapter or chapter 84 of title 5, United. States Code,-- Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 | Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 - @- contributions to the fund and interest thereon shall be computed as if 5 Section 8334(k) of title 5, United States Code, were applicable, unless such an individual has made an election Gescribed in paragraph (4) thereof.". SEC. 412. OFFSET OF ANNUITY BY THE AMOUNT OF SOCIAL SECURITY BENEFITS. Section 806 of the Foreign Service Act of 1980 (94 Stat. 2106; 22 U.S.C. 4046) is amended by adding at the end thereof the following new subsection: "(m) The annuity or survivor annuity payable to any individua] under this subshapter beginning with the month in which such individual attains the minimum age for old age benefits, or first becomes eligible, or would upon proper application become eligible for disability or survivor benefits based on the service of any individual under this subchapter shall be computed as if section 8349 of title 5, United States Code, were applicable, unless the individual on whose service the benefit is based has mace an election described in subsection (da) thereof.". SEC. 413. TREATMENT OF CERTAIN RECALL SERVICE. Section 823 of the Foreign Service Act of 1980 (94 Stat. 2122;22 U.S.C. 4063) is amended by adding at the end thereof the follewine new subsection: *(c) If an annuitant becomes subject to subchapter II of this chapter by reason of recall service-- Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 | —~———~__ Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 et ae "(1) subsections (a) and (b) shall not apply to such annuitant: and "(2) section 824 shall apply to the recall] service as if such service were reemplooyment.®*. SEC. 414. REEMPLOYMENT, Section 824 of the Foreign Service Act of 1980 (94 Stat. 2122; 22 U.S.C. 4064 is amended to read as follows: "SEC. 824 REEMPLOYMENT.--(a)(1)(A) Except in the case of an annuitant who makes an election under subsection (b), if any employee or member of the Service who has retired and is receiving an annuity under this subchapter or subchapter Il of this chapter becomes employed in an appointive or elective position in the Government, payment of any annuity under either subchapter to the annuitant terminates effective on the date of the employment and the reemployment service is considered coverec sérvice under the rules of the system under which the éppointment is made. "(B) If annuity is terminated and the individual becomes covered uncer the same retirement system from which annuity is terminated pursuant to paragraph (A), the individual shali be entitled to a redetermination Bs -22Ghis under that system upon termination of the employment. "(C) If annuity is terminated and the individual becomes covered under another contributory retirement system Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 | P | Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 i March 18, 1986 - 6 - for Government employees pursuant to savagreph (A), the individual shall be entitled to an stanney under that system commencing on the first of the month following termination of the employment. Such annuity shall be computed under sections 8415(a), 8419 and 8420, as appropriate, of title 5, United States Code, based on the reemployed salary and service. In addition, the individual shall be entitled to a resumption of any annuity terminated by reason of the employment. "(b)(1) An employee or member of the Service who is entitled to an annuity under this subchapter or subchapter II of this chapter and becomes employed in an appointive or elective position in the Government on a part-time, intermittent or temporary basis may elect to continue to receive either or both annuities as provided in this subsection. *"(2) The total annuity payable under this chapter to an annuitant making an election under paragraph (1) shall be reduced Guring the part-time, intermittent or temporary employment referred to in such paragraph as necessary to meet the requirements of paragraph (3). *(3) The sum of -- "(A) the total annuity payable under this chapter to an annuitant making an election under paragraph (1), and "(B) the annual rate of pay payable to the annuitant during the part-time or temporary employment referred to in such paragraph. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 oh « May not exceed, in any year, the highest annual] rate of pay which is payable during such year for full-time employment in the position in which the annuitant is employed. *(4) Upon termination of the part-time, intermittent, or temporary employment referred to in paragraph (1), payment of the full annuity of an annuitant of an annuitant who has made an election under paragraph (1) of this subsection shall resume. "(c) The amount of annuity which has been terminated or reduced under this section by reason of the reemployment of the annuitant and is resumed under this section shall be the amount of the annuity which would have been payable if the annuitant had not accepted the reemployment. The amount of an annuity resulting from a redetermination of rights pursuant to subsection (a) shall not be less than the amount of an annuity resumed under the previous sentence. "(d) If an individual whose reemployed service is treated as covered service under subsection (@)(1)(A), dies while so reemployed, survivor benefits and lump sum benefits shall be paid under chapter 84, of title 5, United States Code, based on the reemployed salary, service and contributions, aé if the annuitant had resumed retired status on the dey of death. "(e) The annuity rights of any employee or member of the Service who is reemployed in the Federal Government shéll be determined under this section instead of section 8463 of title 5, United States Code. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 —~~—=—_ Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ~ March 18, 1986 - 8 - "f) When any such retired employee or member of the Service is reemployed, the employer shall send a notice of such reemployment to the Secretary of State, together with all pertinent information relating to such employment, and shall pay directly to such member the salary of the position in which he or she is serving. *"(g) In the event of any overpayment under this section, such overpayment shall be recovered by withholding the amount involved from the salary payable to such reemployed member of the Service or from any other moneys, including annuity payments, payable under this chapter.". SEC. 415. COMPARABILITY BETWEEN TEE CIVIL SERVICE SUPPLEMENTAL RETIREMENT SYSTEM AND THE FOREIGN SERVICE PENSION SYSTEM. . Section &27 of the Foreign Service Act of 1980 (94 Stat. 2124; 22 U.S.C. 4067) is amended by adding at the end thereof the following new subsection: "(c) The President shall maintain, under the same conéitions and in the same manner as provided in subsections (a) and (b) existing conformity between the Civil Service Supplemental Retirement System provided in chapter 84 of title 5, United States Code, and the Foreign Service Pension System provided in subchapter II of this chapter.”. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 ot SEC. 42]. FOREIGN SERVICE PENSION SYSTEM. Chapter 8 of title 1 of the Foreign Service Act of 1980 (94 Stat. 2102; 22 U.S.C. 4041 et seq.) is amended by adding at the end thereof the following: "SUBCHAPTER JJ--FOREIGN SERVICE PENSION SYSTEM "SFC, 851. Establishment.--(a) There is hereby established a Foreign Service Pension System. "(b)(1) Except as otherwise specifically provided in this subchapter or any other provision of law, all participants in the Foreign Service Pension System shall be subject to the provisions of chapter 84 of title 5, United States Code, and shall be treated in all respects as persons whose participation in the Civil Service Supplemental Retirement System provided in that chapter is required by its terms. "SEC, 852. Definitions.--As used in this subchapter, unless otherwise specified-- "(1) the tern ‘annuity’ means the nae which is described in subchapter I1 of chapter 84 of title 5, United States Code, anc is payable to @ participant; "(2) the tern ‘court order’ has the same meaning given in section 804(4); "(3) the term ‘dynamic assumptions’ has the same meaning as provided in section 8401(9) of title 5, United States Code. "(4) the term 'Fund' means the Retirement and Disability Fund maintained by the Secretary of the Treasury Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ~ Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ~ March 18, 1986 -~ 10 - pursuant to section 802; "(5) the term 'normal cost’ means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Secretary of State in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay, and shall be usea to value the cost of the System for all purposes for which the cost of the System is required to be determined; "(6) the term ‘participant’ means a person who participates in the Foreign Service Pension System; "(7) the term ‘pro rata share’ in the case of any former spouse of any participant or former participant means the percentage which is ecual to the percentage that (A) the number of years during which the former spouse was married to the participant during the service of the participant which is creditable under this charter is of (B) the total number of years of such service, disregarding extra credit under section Sy es *"(§) the tern ‘supplemental liabilityv' means the estimated excess of-- "(A) the actueriai present value of all future benefits payable from the Func under this subchapter, over *(B) the sum of -- Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-Q0066R000300070002-3 Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 “~~ March 18, 1986 - jl - *(i) the actuarial present value of deductions to be withheld from the future basic pay of participants pursuant to section 855; *(ii) the actuarial present value of future contributions to be made pursuant to section 856; and "(iii) the balance in the Fund attributable to the System on the date the supplemental liability is determined or to the contributions made under section 204(b) or 205 of the Federal Employees' Retirement Contribution Temporary Adjustment act of 1983 (97 Stat. 1106; 5 U.S.C. 6331 note); and "(9) the term ‘System’ means the Foreign Service Pension System. "SEC. 853. Participants.--(a) Except for persons excluded by subsection (b), (c), or (a), all members of the Foreign Service, any of whose eed after December 31, 1983, is employment for the purpose of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954, who would, but for this section, be participants in the Foreign Service Retirement anc Disability System pursuant to section 803 shall be participants in the Foreign Service Pension System. *(b) Members of the Service who were participants in the Foreign Service Retirement and Disability System on OF before December 31, 1983, ana who have not had a break in service in excess of ] year since that date, are not made participants in the System by this section, without regard to whether they are subject to title II of the Social Security Act. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ee | Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 2.19. < *(c) Individuals who become members of the Service following a separation from Government employment during which they were subject for a total of at least 5 years to the Civil Service, Foreign Service or other contributory retirement system for Government employees established prior to 1984 are not participants in the System. . *"(d) The Secretary may exclude from the operation of this chapter any member of the Foreign Service, or group of members, whose employment is temporary Or intermittent, except a member whose employment is part-time career employment. "SEC. 854. Entitlement to Annuity.--(a) Any participant who retires voluntarily or mandatorily under section 607, 608, 811, 812 or 813 under conditions authorizing an immediate annuity for participants in the Foreign Service Retirement and Disability System shall be entitled to an immediate annuity computed under section 815(d) of title 5, United States Code. "b) A participant who is entitled to an immediate annuity under subsection (a) shall be entitled to receive an annuity supplement while the annuitant is under 62 years of age. The annuity supplement shall be based on the total creditable service of the annuitant and shall be computed and increasecG in accordance with sections 8421(b) ana (c) of title 5, United States code. "(c)(1) Any participant may be retired under the conditions specified in section 811 and shall be retired under the conditions specified in sections 812 and 813 and receive Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 “=== Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ~ March 18, 1986 paar OF ae benefits under this subchapter. "(2) For the purposes of this subsection-- "(A) the term 'participant', as used in the sections referred to in paragraph (1), means a participant in the Foreign Service Pension System; and *(B) the term 'System', as used in those sections, means the Foreign Service Pension System. *(d) Any participant who is separated for cause under section 610 shall not be entitled to an annuity under this System when the Secretary determines that the separation was based in whole or in part on disloyalty to the United States. "SEC. 855. Deductions and Withholdings from Pay.-- (a) The employing agency shall deduct and withhold from basic pay of each participant the following percentage of basic pay: 7 1/2 percent reduced by the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1954 (relating to the rate of tax for old age, Survivors ané Gisability insurance). "(b) Amounts deducted and withheld under this section shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Comptroller General of the U.S. may prescribe. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 pee eats | : Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 a Pee "SEC, 856. Government Contributions--(a) Each agency employing any participant shall contribute to the Fund the normal cost computed in a manner similar to that used under section 8423(a) of title 5, United States Code. The normal cost percentage for the Foreign Service Pension System shall be determined by the Secretary of State. "(b) The Secretary of Health and Human Services, the Secretary of Commerce, anc the Secretary of Defense shall make contributions to the Fund to cover theneuee of funding benefits under this subchapter, as determined by the Secretary of State, relating to military and naval service. Determinations and payments under this subsection shall be similar to those under section 8423(b) of title 5, United States Code. . "(c)(1) The Secretary of State shall compute the amount of the supplemental liability of the Fund as of the close of each fiscal year beginning after September 30, 1987. The amount of any such supplemental liability shell be amortized in 30 equal annual instéllments with interest computed at the rate used in the most recent valuation of the System. "(2) At the end of each fiscal year, the Secretary of State shall notify the Secretary of the Treasury of the amount of the installment computed under this subsection. "(3) Before closing the accounts for a fiscal year, the Secretary of the Treasury shall credit to the Fund, as a Government contribution, out of any money in the Treasury of Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 “78st sEsts March 18, 1986 a 1S. the United States not otherwise appropriated, the amount under paragraph (2) of this subsection for such year. "SEC. 857. Cost-of-Living Adjustments-- Cost-of-living adjustments for annuitants under this System shall be granted under procedures in chapter 84, title 5, U.S. Code applicable to special groupe of employees under that System such as law enforcement, firefighter and air traffic controller personnel. "SEC. 858. General And Administrative Provisions.--(a) The Secretary of State shall administer the Foreign Service Pension System except for matters relating to the Thrift Savings Plan provided in subchapters III and VII of chapter 84 of title 5 U.S. Code. The Secretary of State shall, with respect to the Foreign Service Pension System, perform the functions and exercise the authority vested in the Office of Personnel Management’ or the Director of such Office by such chapter 84, and may issue regulations for such purposes. "(b) Determinations of the Secretary of State under the Foreign Service Pension System which, if made by the Office of Personnel Management under chapter 84 of title 5, United States Code, or the Director of such Office, would be appealable to the Merit Systems Protection Board, to such Office, or to the Director of such Office shall, instead, be appealable to the Foreign Service Grievance Board. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ——----—~+---== Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ™—~CSCST March 18, 1986 = V6 | "(c) At least every 5 years, the Secretary of the Treasury shall prepare periodic valuations of the Foreign Service Pension System and shall advise the Secretary of State of (1) the normal cost of the System, (2) the supplemental liability of the System, and (3) the amounts necessary to finance the costs of the System. "SEC. 859. Transition Provisions.-- The Secretary of State shall issue regulations providing for the transition from the Foreign Service Retirement and Disability System to the Foreign Service Pension System in a manner comparable to the transition of employees now subject to the Civil Service Retirement and Disability System from that System to the Civil Service Supplemental Retirement System. For this and related purposes, references made to participation in the Civil Service Retirement and Disability System in title 5, United States Code, the Social Security Act, and the Internal Revenue Code of 1954 shall be deemed to refer to participation in the Foreign Service Pension System and the Foreign Service Retirement and Disability System, respectively. "SEC. 660. Former Spouses.-- (a)(1) In the absence of a spousal agreement or court order governing disposition of benefits under this subchapter to a former spouse who was Married to a participant for at least 10 years during service of the participant which is creditable under this chapter with at least 5 of such years occurring while the participant was Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 | -~=~~-—~ Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 -17- | a member of the Foreign Service, such former spouse is entitled to a share, determined under subsection (a)(2), of all benefits otherwise payable to such participant under this subchapter after the divorce or annulment becomes final and before the former spouse dies or remarries before age 55. "(2) The share referred to in subsection (a)(1) equals-- "(A) 50 percent if such former spouse was married to the participant throughout the actual years of service of the participant which is creditable under this chapter; or "(B) a pro rata share of 50 percent if such former spouse was not married to the participant throughout such creditable service. "(3) A former spouse shall not be qualified for any benefit under this subsection if, before the commencement of any benefit, the former spouse remarries before becoming 55 years of age. "(4) Payments to a former spouse under this section represent income to the former spouse and not to the perticipant for purposes of the United States Internal Revenue Coce. Although payments to a former spouse under this Subsection reduce payments to a participant or former participant, such pegeeticn Shall be disregarded in calculatine the survivor annuity for any spouse, former spouse or other Survivor under this subchapter, and in Calculating any reduction in the annuity of the participant to provide survivor benefits under this subchapter. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ~=——~ Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ~ March 18, 1986 -~ 18 - *(5) icewiehebandine subsection (a)(l1), in the case of any former spouse of a disability annuitant-- "(A) the annuity of the former spouse shall commence on the date the participant would qualify, on the basis of his or her creditable service, for an annuity under this chapter (other than a disability annuity) or the date the disability annuity begins, whichever is later, ana "(B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify. *(6) Any former spouse who becomes entitled to receive any benefit under this subchapter which would otherwise be payable toa participant or former participant shall be entitled to make any election regarding method of payment to such former spouse that such participant would have otherwise been entitled to elect, ana the participant May elect an alternate method for the remaining share of benefits. Such elections shall not increase the actuarial present value of benefits expected to be paid under this subchapter. Notwithstanding the first sentence of this paragraph, 4 former spouse may not elect a method of payment under subchapter II, chapter 84, of title 5, United States Code, providing for payment of a survivor annuity to any survivor of the former spouse. *(7) The maximum amount payable to any former spouse pursuant to this subsection shall be the aifference, if any, Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 2 35-2 between 50 percent of the total benefits authorized to be paid to a former participant by this subchapter, Gisregarding any apportionment of these benefits to others, and the aggregate payable to all epnere at any one time. "(b)(1) In the absence of a spousal agreement or court order governing survivobenip benefits under this subchapter to a former spouse married to a participant or former participant for the periods specified in subsection (a)(1), such former spouse is entitled to a share, Getermined under subsection (b)(2), of all survivor benefits that would otherwise be payable under this subchapter to an eligible surviving spouse of the participant. *(2) The share referred to in subsection (b)(1) equals-- "(A) 100 percent if such former spouse Was married to the participant throughout the entire period of service of the participant which is creditable under this chapter; or *(B) a pro rata share of 100 percent if such former spouse was not married to the perticipant throughout such creditable service. "(c) A participant or former participant shall not maeke any election or modification of election under 5 U.S.C. 6417, 8433, or other section relating to the participant's account in the Thrift Plan or annuity under the basic plan that would diminish the entitlement of a former spouse to any benefit granted to the former spouse by this section or in a current spousal agreement. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 “~~ Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 - 20 - "(d) If a participant has more than one former spouse eligible for benefits under this section, benefits shall be awarded on a first-come first-served basis. "(e) If a member becomes a participant under this subchapter after qualifying for benefits under subchapter 1] and, at the time of transfer, has a former spouse entitled to benefits under subchapter I which, as determined by the Secretary of State, are similar in amount to a pro rata share Givision under section 614 or 815 and the service of the member as a participant under this subchapter is not recognized in determining that pro rata share, then subsections (a) and (b) of this section shall not apply to such former spouse. "(f) If a participant dies after completing at least 18 months of service or a former participant dies entitled to a deferred annuity, but before becoming eligible to receive the annuity, and such participant or former participant has left with the Secretary of State a spousal agreement promising a Survivor annuity unéeér subchapter IV, chapter 84, title 5, U.S. Code, to a former spouse to whom marriec for the periods specified in subsection (a)(1), such survivor annuity will be paid under the terms of this subchapter as if the participant had retired on the day of death and elected the survivor annuity. "SEC. 861. Spousal Agreements.-—A spousal agreement is any written agreement (properly authenticated as determined by Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ee oe | Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 - 21 - the Secretary of State) between a participant or former participant and his or her spouse or former spouse on file with the Secretary of State. A spousal agreement must be consistent with the terms of the Act and applicable regulations and, if executed at the time a participant or former participant is currently married, must be approved by such current spouse. It may be used to fix the level of benefits payable under this subchapter to a spouse or former spouse.”. SEC. 422. TABLE OF CONTENTS. The table of contents in section 2 of such Act is amended-- (a) by striking out the item relating to chapter 8 and inserting in lieu thereof the following: "CHAPTER 8--FOREIGN SERVICE RETIREMENT AND DISABILITY "SUBCHAPTER I--FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM" (6) by insertine after the item relating to section 827 the following: "SUBCHAPTER II-- FOREIGN SERVICE PENSION System "SEC. 851. Establishment. "SEC. 652. Definitions. "SEC. 853. Participants. "SEC. 854. Entitlement to annuity. "SEC, 855. Reduction and withholding from pay. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 -—--~ Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 - 22 - "SEC. 856. Government contributions. “sec, 857. Cost-of-living adjustments. "SEC. 858. General and administrative provisions. "sec, 859. Transition provisions. "SEC. 860. Former spouses. "SEC. 861. Spousal agreements.". SEC. 423. EFFECTIVE DATE. Notwithstanding section 50l(a) of this Act, as redesignated by this amendment, the authority of the Secretary of State to issue regulations under subchapter I1 of title 8 of the Foreign Service Act of 1980, as added by this title shall have effect on the date of enactment of this Act. Redesignate the succeeding title ana sections accordingly. Drafted:M/DGP/PC:RBHull :cf£f yang Doc 0705B 3/13/86 REVISED 3/18/86 Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ——-——-~ Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ANALYSIS OF FOREIGN SERVICE AMENDMENT March 18, 1986 Summary This amendment adds a new title IV to H.R. 3660 to establish @ Foreign Service Pension System (FSPS). The new System would provide retirement benefits for members appointed after 1983, and is very similar to the Civil Service Supplemental Retirement System (CSSRS) established by the bill for new appointees in the Civil Service after 1983. All Foreign Service members who become participants in the FSPS would be subject to all provisions of the comparable CSSRS unless specifically provided otherwise by law. All the exceptions are stated in this proposed amendment to H.R. 3660. The Foreign Service has always had its own retirement system separate from the Civil Service retirement system. The basic reason for this is that the Foreign Service needs special provisions for early retirement to permit operation of its up-or-out personnel system. A number of Foreign Service members are mandatorily retired every year to permit advancement of the more competitive and most able personnel This system was endorsed ance expanded by the Foreign Service Act Amendments of 1980. The spe QO ~ ) pp provisions are aiso necessary to permit the early retirement of members who, for various reasons, are no longer able to serve abroad after completing 4 career in dangerous and difficult environments. The FSPS proposed in this amendment would preserve the early retirement and other special features neeced by the Foreign Service. It would permit members to retire voluntarily at age 50 with 20 or more years of service with the same benefit as provided Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 2 by the bill for special category personnel such as law enforcement, firefighter and air traffic controller personnel. Secondly, like the bill the system would permit Foreign Service members who are retired mandatorily at an early age to receive the basic tae benefit based on high-3 salary without penalty for early retirement. The third basic special provision, substantialy like the bill, would provide an annuity supplement equivalent to a Social Security benefit based on salary and creditable service--from the date of retirement to ege 62 when the annuitant would be eligible for the actual Social Security benefit. A defination-by-Section analysis follows: The amendment establishes a new title IV of the bill and renumbers existing title IV and sections accordingly. Section 401 provides a short title for the new title IV for ease of furture reference. section 410(a) amends chapter 8 of the Foreign Service Act of 1980, which contains the authority for the existing FSRDS, to designate the existing portion as "Subchapter I" anGé makes several technical conforming amendments. Section 410(b)(1) amends tne definition of “court” in the current Act to broaden it to include territorial and Indian courts. The proposed definition is identicei to tne Gefinition under the Civil Service adopted by the Civil Service Spouse Equity Act of 1984, The amendment is necessary to permit the Secretary to recognize orders by territorial and Indian courts affecting distribution of Foreign Service retirement benefits. Paragraphs (2) and (3) of subsection 410(b) make additional technical conforming amendments in section 808 of the Foreign Service Act. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 3 Section 410(c) makes a technical confirming change in section 809 of such Act. Section 410(d) makes an-indentical amendment to sections 804, 814, and 815 of such Act relating to "creditable service" to insure an equitable distribution of “pro rata share" benefits to former spouses. This amendment is related to proposed section 860(e) being added to such Act by section 421 of the bill and is discussed furtner in the explanation of that section. RETIREMENT CONTRIBUTIONS UNDER FSRDS Section 411 amends section 805 of the Foreign Service Act of 1980, relating to deductions from a participant's pay and contributions for prior service for Foreign Service Retirement and Disability System coverage. An employee who was covered by the FSRDS on December 31, 1983, and who was subsequently covered by Social Security will continue in the FSRDS at a reduced contribution. The contribution to the FSRDS will be equal to the excess of the employee's normal FSRDS contribution over the OASDI portion of the Social Security tax. A similar rule will apply to those recalled to the Foreion Service after a break in service of more than one year and who have more than 5 years prior service cregit. This provision an6 the one Gescribed below added by section 412 parallel comparable amendments in the bill for the Civil Service. OFFSET RELATING TO CERTAIN SOCIAL SECURITY BENEFITS - Section 412 amends section 806 of the Act to require that annuities of retirees and survivors under the current FSRDS who are entitled to Social Security benefits for Federal service have their annuities reduced when they first become eligible for such benefits. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 a | ieee et Se salsa ot mt Moat Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 pee eee 4 RECALL SERVICE Section 413 amends existing section 823 of the Act which deals with retirement benefits of retired Foreign Service members who are recalled to active duty. The amendment provides that members who are realled in tne future and who come under FSPS will receive the same benefits as reemployed annuitants. REEMPLOYMENT Section 414 amends existing section 824 of the Act which concerns reemployed annuitants. The Foreign Service has long had a Gistinctive rule on reemployed annuitants to permit use of retired members who are uniquely qualified to perform certain essential tasks. The existing Civil Service rule on this subject offers next to no incentive for retired persons to return to work for the Government. This amendment would adapt the current Foreign Service rule in section 824 of the Act for use under both FSRDS and the FSPS. This amendment recognizes that some reemployed annuitants will have an conadeg under both the new and old systems. It also recognizes that it would be difficult or inappropriate to recompute ie Foreign Service annuity following employment under the new Civil Service Supplemental Retirement System. Tris amendment would permit annuitants reemployed on a part-time, intermittent or temporary basis to elect to continue to receive their annuity while reemployed up to a ceiling amount. The annuity would be reduced as necessary so that in any year annuity peyments when added to salary does not cause the total to exceed the current annual salary rate for the reemployed position when occupied on a full-time basis. Such employees would receive no other Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 ———~ _Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 March 18, 1986 5 retirement benefits for the reemployed service. The proposed ciling amount is different from the ceiling currently specified in section 827. The latter is the basic annual salary rate of the member at the time of initial retirement. The ceiling proposed herein is taken from section 8468(b) of S. 1527, a Similar section. Reemployed annuitants not making the above election would have their service treated as covered service and make current contributions to the applicable retirement system, Their Federal annuity would be terminated during reemployment, Upon completion of the Federal employment, they would become eligible either to a recomputation of their annuity, if reemployed under the same retirement system, or if not, to an additional annuity based on salary and service during the period of reemployment. The additional annuity would be computed under the rules for the general Civil Service. This amendment covers reemployment under both the present FSRDS and the proposed FSPS. Tne phrase “employee or member" refers to members of the Foreign Service and to employees who are former members of the Service who elected under section 2106 of the Foreign Service Act of 1980 to remain participants in the FSRDS. MAINTENANCE OF COMPARABILITY BETWEEN FSPS AND CSSRS Section 415 amends section 827 of the Act to extend the existing "Executive order” procedure for maintaining conformity petween the Civil Service and Foreign Service retirement systems to the new CSSRS and FSPS. Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 T=" Sanitized Copy Approved for Release 2011/02/28 : CIA-RDP89-00066R000300070002-3 | March 18, 1986 6 FOREIGN SERVICE PENSION SYSTEM Section 421 is the major substantive amendment. It adds subchapter II of chapter 8 of the Foreign Service Act of 1980, entitled "Foreign Service Pension System", comprised of sections 85i through 861. APPLICABILITY OF CHAPTER 84, TITLE 5 U.S. CODE Section 851 provices that participants in the new FSPS shall be subject to all provisions in chapter 84, title 5, U«