Pub. L. 104-134, tit. I, sec. 153

Sec. 153. (a) Requiring GSA To Provide Support Services.— Section 103(f) of the District of Columbia Financial Responsibility 110 STAT. 1321–103and Management Assistance Act of 1995 is amended by striking “may provide” and inserting “shall promptly provide”. (b) Availability of Certain Federal Benefits for Individuals Who Become Employed by the Authority.— (1) Former federal employees.— Subsection (e) of section 102 of such Act is amended to read as follows: “(e) Preservation of Retirement and Certain Other Rights of Federal Employees Who Become Employed by the Authority.— “(1) In general.— Any Federal employee who becomes employed by the Authority— “(A) may elect, for the purposes set forth in paragraph (2)(A), to be treated, for so long as that individual remains continuously employed by the Authority, as if such individual had not separated from service with the Federal Government, subject to paragraph (3); and “(B) shall, if such employee subsequently becomes reemployed by the Federal Government, be entitled to have such individual’s service with the Authority treated, for purposes of determining the appropriate leave accrual rate, as if it had been service with the Federal Government. “(2) Effect of an election.— An election made by an individual under the provisions of paragraph (1)(A)— “(A) shall qualify such individual for the treatment described in such provisions for purposes of— “(i) chapter 83 or 84 of title 5, United States Code, as appropriate (relating to retirement), including the Thrift Savings Plan; “(ii) chapter 87 of such title (relating to life insurance); and “(iii) chapter 89 of such title (relating to health insurance); and “(B) shall disqualify such individual, while such election remains in effect, from participating in the programs offered by the government of the District of Columbia (if any) corresponding to the respective programs referred to in subparagraph (A). “(3) Conditions for an election to be effective.— An election made by an individual under paragraph (1)(A) shall be ineffective unless— “(A) it is made before such individual separates from service with the Federal Government; and “(B) such individual’s service with the Authority commences within 3 days after so separating (not counting any holiday observed by the government of the District of Columbia). “(4) Contributions.— If an individual makes an election under paragraph (1)(A), the Authority shall, in accordance with applicable provisions of law referred to in paragraph (2)(A), be responsible for making the same deductions from pay and the same agency contributions as would be required if it were a Federal agency. “(5) Regulations.— Any regulations necessary to carry out this subsection shall be prescribed in consultation with the Authority by— “(A) the Office of Personnel Management, to the extent that any program administered by the office is involved; 110 STAT. 1321–104 “(B) the appropriate office or agency of the government of the District of Columbia, to the extent that any program administered by such office or agency is involved; and “(C) the Executive Director referred to in section 8474 of title 5, United States Code, to the extent that the Thrift Savings Plan is involved.” (2) Other individuals.— Section 102 of such Act is further amended by adding at the end the following: “(f) Federal Benefits for Others.— “(1) In general.— The Office of Personnel Management, in conjunction with each corresponding office or agency of the government of the District of Columbia and in consultation with the Authority, shall prescribe regulations under which any individual who becomes employed by the Authority (under circumstances other than as described in subsection (e)) may elect either— “(A) to be deemed a Federal employee for purposes of the programs referred to in subsection (e)(2)(A) (i)–(iii); or “(B) to participate in 1 or more of the corresponding programs offered by the government of the District of Columbia. “(2) Effect of an election.— An individual who elects the option under subparagraph (A) or (B) of paragraph (1) shall be disqualified, while such election remains in effect, from participating in any of the programs referred to in the other such subparagraph. “(3) Definition of ‘corresponding office or agency’.— For purposes of paragraph (1), the term ‘corresponding office or agency of the government of the District of Columbia’ means, with respect to any program administered by the Office of Personnel Management, the office or agency responsible for administering the corresponding program (if any) offered by the government of the District of Columbia. “(4) Thrift savings plan.— To the extent that the Thrift Savings Plan is involved, the preceding provisions of this subsection shall be applied by substituting ‘the Executive Director referred to in section 8474 of title 5, United States Code’ for ‘the Office of Personnel Management’.”. (3) “Effective date; additional election for former federal employees serving on date of enactment; election for employees appointed during interim period.— (A) Effective date.— Not later than 6 months after the date of enactment of this Act, there shall be prescribed in consultation with the Authority (and take effect)— (i) regulations to carry out the amendments made by this subsection; and (ii) any other regulations necessary to carry out this subsection. (B) Additional election for former federal employees serving on date of enactment.— (i) In general.— Any former Federal employee employed by the Authority on the effective date of the regulations referred to in subparagraph (A)(i) may, within such period as may be provided for under those regulations, make an election similar, to the maximum extent practicable, to the election provided for under 110 STAT. 1321–105section 102(e) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, as amended by this subsection. Such regulations shall be prescribed jointly by the Office of Personnel Management and each corresponding office or agency of the government of the District of Columbia (in the same manner as provided for in section 102(f) of such Act, as so amended). (ii) Exception.— An election under this subparagraph may not be made by any individual who— (I) is not then participating in a retirement system for Federal employees (disregarding Social Security); or (II) is then participating in any program of the government of the District of Columbia referred to in section 102(e)(2)(B) of such Act (as so amended). (C) Election for employees appointed during interim period.— (i) From the federal government.— Subsection (e) of section 102 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (as last in effect before the date of enactment of this Act) shall be deemed to have remained in effect for purposes of any Federal employee who becomes employed by the District of Columbia Financial Responsibility and Management Assistance Authority during the period beginning on such date of enactment and ending on the day before the effective date of the regulations prescribed to carry out subparagraph (B). (ii) Other individuals.— The regulations prescribed to carry out subsection (f) of section 102 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (as amended by this subsection) shall include provisions under which an election under such subsection shall be available to any individual who— (I) becomes employed by the District of Columbia Financial Responsibility and Management Assistance Authority during the period beginning on the date of enactment of this Act and ending on the day before the effective date of such regulations; (II) would have been eligible to make an election under such regulations had those regulations been in effect when such individual became so employed; and (III) is not then participating in any program of the government of the District of Columbia referred to in subsection (f)(1)(B) of such section 102 (as so amended). (c) Exemption From Liability for Claims for Authority Employees.— Section 104 of such Act is amended— (1) by striking “the Authority and its members” and inserting “the Authority, its members, and its employees”; and 110 STAT. 1321–106 (2) by striking “the District of Columbia” and inserting “the Authority or its members or employees or the District of Columbia”. (d) Permitting Review of Emergency Legislation.— Section 203(a)(3) of such Act is amended by striking subparagraph (C).