RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED ABROAD.

SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED ABROAD. (a) Retirement Credit for Certain Government Service Performed Abroad.—Subject to subsection (bXD, credit under chapter 84 of title 5, United States Code, shall be allowed for any service performed by an individual if or to the extent that— (1) it was performed by such individual— (A) after December 31, 1988, and before May 24, 1998; (B) at a United States diplomatic mission, consular post (other than a consular agency), or other Foreign Service post abroad; and (C) under a temporary appointment pursuant to sections 309 and 311 of the Foreign Service Act of 1980 (22 U.S.C. 3949 and 3951); (2) at the time of performing such service, such individual would have satisfied all eligibility requirements under regulations of the Department (as in effect on the date of the enactment of this Act) for a family member limited noncareer appointment (within the meaning of such regulations, as in effect on such date of enactment), except that, in applying this paragraph, an individual not employed by the Department while performing such service shall be treated as if then so employed; (3) such service would have been creditable under section 8411(b)(3) of such title 5 if— (A) the service had been performed before January 1, 1989; and (B) the deposit requirements of section 8411(f) of such title 5 had been met with respect to such service; 116 STAT. 1381 (4) such service would not otherwise be creditable under the Federal Employees’ Retirement System or any other retirement system for employees of the United States Government (disregarding title II of the Social Security Act); and (5) the total amount of service performed by such individual (satisfying paragraphs (1) through (4)) is not less than 90 days. (b) Requirements.— (1) Requirements of the individual.—In order to receive credit under chapter 84 of title 5, United States Code, for any service described in subsection (a), the individual who performed such service (or, if deceased, any person who is or would be eligible for a survivor annuity under the Federal Employees’ Retirement System based on the service of such individual)— (A) shall file a written application with the Office of Personnel Management not later than 36 months after the effective date of the regulations prescribed to carry out this section (as specified in those regulations); and (B) shall remit to the Office (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total amount that, under section 8422 of such title 5, should have been deducted from the basic pay of such individual for such service if such service had then been creditable under such chapter 84. (2) Government contributions.— (A) In general.—In addition to any other payment that it is required to make under chapter 84 of title 5, United States Code, a department, agency, or other instrumentality of the United States shall remit to the Office of Personnel Management (for deposit in the Treasury of the United States to the credit of the Fund) the amount described in subparagraph (B). (B) Amount described.—The amount described in this subparagraph is, with respect to a remittance under paragraph (1), the total amount of Government contributions that would, under section 8423 of title 5, United States Code, have been required of the instrumentality involved (to the extent that it was the employing entity during the period of service to which such remittance relates) in connection with such service. (C) Special rule.—If an amount cannot be remitted under this paragraph because an instrumentality has ceased to exist, such amount shall instead be treated as part of the supplemental liability referred to in section 8423(b)(1) (A) or (B) of title 5, United States Code (whichever would be appropriate). (3) Related requirements.—Any remittance under paragraph (1) or(2)— (A) shall be made in such time, form, and manner as the Office of Personnel Management may by regulation require; and (B) shall be computed with interest (in accordance with section 8334(e) of title 5, United States Code, and such requirements as the Office may by regulation prescribe). 116 STAT. 1382 (4) Notification and assistance requirements.— (A) In general.—The Office of Personnel Management shall take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this section, or to have any annuity computed or recomputed under this section, of their entitlement to such credit, computation, or recomputation. (B) Assistance to individuals.—The Office shall, on request, assist any individual referred to in subparagraph (A) in obtaining from any department, agency, or other instrumentality of the United States such information in the possession of such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited, or to have any annuity computed or recomputed, pursuant to this section. (C) Assistance from instrumentalities.—Any department, agency, or other instrumentality of the United States that possesses any information with respect to any service described in subsection (a) shall, at the request of the Office, furnish such information to the Office. (c) Definitions.—In this section: (1) Abroad.—The term “abroad” has the meaning given such term under section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902). (2) Basic pay.—The term “basic pay” has the meaning given such term under section 8401 of title 5, United States Code. (3) Civil service retirement and disability fund.—The term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348 of title 5, United States Code. (4) Temporary appointment.—The term “temporary appointment” means an appointment that is limited by its terms to a period of one year or less. (d) Rule of Construction.—Nothing in this section shall be considered to permit or require the making of any contributions to the Thrift Savings Fund that would not otherwise have been permitted or required had this section not been enacted. (e) Applicability.— (1) Annuities commencing on or after effective date of implementing regulations.—An annuity or survivor annuity— (A) which is based on the service of an individual who performed service described in subsection (a), and (B) which commences on or after the effective date of the regulations prescribed to carry out this section (as determined under subsection (b)(1)(A)), shall (subject to subsection (b)(1)) be computed taking into account all service described in subsection (a) that was performed by such individual. (2) Annuities with commencement date preceding effective date of implementing regulations.— (A) Recomputation cases.—An annuity or survivor annuity— (i) which is based on the service of an individual who performed service described in subsection (a), and 116 STAT. 1383 (ii) which commences before the effective date referred to in paragraph (1)(B), shall (subject to subsection (b)(1)) be recomputed taking into account all service described in subsection (a) that was performed by such individual. (B) Other cases.—An annuity or survivor annuity— (i) which is based on the service of an individual who performed service described in subsection (a), (ii) the requirements for entitlement which could not be met without taking into account service described in subsection (a), and (iii) which (if service described in subsection (a) had been taken into account, and an appropriate application been submitted) would have commenced before the effective date referred to in paragraph (1)(B), shall (subject to subsection (b)(1)) be computed taking into account all service described in subsection (a) that was performed by such individual. (C) Retroactive effect.—Any computation or recomputation of an annuity or survivor annuity pursuant to this paragraph shall— (i) if pursuant to subparagraph (A), be effective as of the commencement date of the annuity or survivor annuity involved; and (ii) if pursuant to subparagraph (B), be effective as of the commencement date that would have applied if application for the annuity or survivor annuity involved had been submitted on the earliest date possible in order for it to have been approved. (D) Lump-sum payment.—Any amounts which by virtue of subparagraph (C) are payable for any months preceding the first month (on or after the effective date referred to in paragraph (1)(B)) as of which annuity or survivor annuity payments become payable fully reflecting the computation or recomputation under subparagraph (A) or (B) (as the case may be) shall be payable in the form of a lump-sum payment. (E) Order of precedence.—Section 8424(d) of title 5, United States Code, shall apply in the case of any payment under subparagraph (D) payable to an individual who has died. (f) Implementation.—The Office of Personnel Management, Regulations, in consultation with the Secretary, shall prescribe such regulations and take such action as may be necessary and appropriate to implement this section.