PAY OF CERTAIN FEDERAL PHYSICIANS FOR FISCAL YEAR 1982

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89-00066R000900080044-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: January 14, 2011
• Sequence Number: 44
• Content Type: REGULATION

AL
Zd77
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"(b) Section 3 of the Federal Physicians Comparability Allowance
Act of 1978 (5 U. C. 5948 note) is amended by striking out 'Septem-
ber 30, 1985' and inserting in lieu thereof 'Septembe r 0, 1989'.
"PAY OF CERTAIN FEDERAL PHYSICIANS FOR FISCAL YEAR 198$
"SEC. 103. (a) Any individual whose aggregate pay for fiscal year
1982 exceeded the limitation set forth in section 5383(b) of title 5,
United States Code, is relieved of all liability to the United States
for an amounts paid to such individual in excess of such limita-
tion i, and to the extent that, such liability takes into account any
allowance paid under section 5948 of such title.
"(b)(1) The appropriate agency head shall pay, out of any appro-
priation or fund available to pay allowances under section 5948 of
title 5, United States Code, to any individual as to whom liability is
relieved under subsection (a), an amount equal to the aggregate of
riy arnounts laid by such individual: or withheld from stems other-
.t due usch inatcidua4 with respect to any liability relieved
u,iler such subsection.
'V/IA payment under paragraph (1)-
"(A) shall be made only if written application therefor is sub-
mitted to the appropriate agency head, in accordance with such
regulations as the President or his designee may prescribe,
within two years after the date of enactment of this he;la and
(G'/ afiull not be con. tiered for putvases of applying
tation set forth in section 5383(b) of title 5, United States Code.
"(c) For the purpose of this section-
"(1) the term 'aggregate pay', as used with respect to an indi-
vidual, means the aggregate amount paid to such individual
under sections 4507.171%21, 5384, and 5948 of title 5, United
States the 1erm 'appropriate agency head, as used ppwith respect
to an individual, means the head of the age ncy c allowance with
individual when such individual was paid subsection; respect to which
'agency' thas relieved meaning ehn such term by sed
. '(3) the term
(ion 5984(g)(2) of such title.
"TITLE II-FEDE AR L EMPLOYEES RETIREMENT
U
"SHORT TITLE
"SEC. 201. This title may be cited as the e''Fedeera o f 9 l yees' Re-
tirement Contribution Temporary "STATEMENT OF POLICY
"SEC. 202. It is the policy of the Government-
"(1) that the amount required to be contributed to certain
Gov.
public retirement systems by employees and officers of rthe elating
eminent who are also required to pay emp o taxes
to benefits under title II of the Social Security Act for service
performed after December 31, 1983, be modified until the date
,in which such employees and officers are covered by a new Gov-
nment retirement system (the design, structure, and provisions
of which have not been determined on the date of enactment of
this Act) or January 1, 1986, whichever is earlier.
"(2) that the Treasury be required to pay into such retirement
systems the remainder of the amount such employees and offi-
cers would have contributed during such period but for the tem-
porary modification;
"(3) that the employing agencies make contributions to the re-
tirement systems with respect to such service in amounts M
quired by law in effect before January 1, 1984, without reduce
"(4)that such employees and officers accrue credit for service
for the purposes of the public retirement systems in elect on the
date of enactment of this Act until a new Government retire-
ment system covering such employees and officers is established;
"(5) that, where appropriate, deposits to the credit of such a
retirement system be nvui n'd with , pect to service,rrp vwu'l
by an employee or officer of the Govenment during the 1wrt,,-il
described in clause tit and, whin a ofvopriale. annuities be
offset by the amount of certain Social Security benefits attribut-
able to such service; and
"(6) that such employees and off cers who are first employed
in civilian service by the Government or first take office in ci-
vilian service in the Government on or after January 1, 1984,
become subject to such new Government retirement system as
r;J bc' estah;>,`?~:.'l f r .?^tplnnew and .'feces of she en-1trry-
ment on or after January 1, 1984, and bb/areJanuary J. 19,i6.
with credit for service performed after December 31, 1983, by
such employees and officers transferred to such new Govern-
ment retirement system.
"DEFINITIONS
"Sec. 203. (a) For the purposes of this title-
"(1) the term 'covered employee means any individual whose
service is covered service; stem' misfire--
"(2) the term 'covered retirement sy
(A) the Civil Service Retirement and Disability S tem
under subchapter III of chapter 83 of title 5, United Stain
Code;
"(B) . the Foreign Service Retirement and Disability
System under chapter 8 of the Foreign Service Act of 1980
(22 U.S.C. 4041 et seq.),
Dis-
"(C) the Central Intelligence Agency Retirement and
Re-
ability System under the Central Intelligence Agency
tirement Act of 1964 for Certain Employees (50 U.S 40S
note); and
"(D) any other retirement system (other than a new Gov-
ernment retirement system) under which a covered employee
who is a participant in the system is required to make con-
tributions to the system in an amount equal to a portion of
the participant's basic pay for covered service, as deter-
mined by the President;
"(3) the ter'covered a`i II j the Social Security AMpand
ment for the purposes of
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chapter 21 of the Internal Revenue Code of 1954 by reason of
the amendments made by section 101 of the Social Security
Amendments of 1983 (97 Stat. 67); and
"(4) the term 'new Government retirement system' means any
retirement system which (A) is established for officers or em-
ployees of the Government by or pursuant to a law enacted after
December 31, 1983, and before January 1, 1986, and (B) takes
effect on or before January 1, 1986.
"(b) The President shall publish the determinations made for the
purpose of subsection (a)(2)(D) in an Executive order.
"CONTRIBUTION ADJUSTMENTS
"SEC 204. (a) In the case of a covered employee who is participat-
ing in a covered retirement system, an employing agency shall
deduct and withhold only 1,.3 percent of the basic pay of such em-
ployee under-
"(1) section 8334 of title 5, United States Code;
"(2) section 805 of the Foreign Service Act of 1980 (22 US .C
4045);
"(3) section 211 of the Central Intelligence Agency Retirement
Act of 1964 for Certain Employees (50 U.S.C. 403 note); or
"(4) any provision of any other covered retirement system
which requires a participan( in the system to make contribu-
tions of a portion of the basic pay of the participant,
for covered service which is performed after December 31, 1983, and
before the earlier of the effective date of a new Government retire-
ment system or January 1, 1986. Deductions shall be made and
withheld as provided by such provisions in the case of covered serv-
ice which is performed on or after such effective date or January 1,
1986, as the case may be, and is not subject to a new Government
retirement system.
"(b) Employing agencies of the Government shall make contribu-
tions with respect to service to which subsection (a) of this section
applies under the second sentence of section 8834(a)(1) of title 5,
United States Code, the second sentence of section 805(a) of the. For-
.aign Service Act of 1980 (22 U.S.C. 4045(a)), the second sentence of
section 211(a) of the Central Intelligence Agency Retirement Act of
1964 for Certain Employees (50 U.S.C. 403 note), and any provision
of any other covered retirement system requiring a contribution by
the employing agency, as if subsection (a) of this section had not
been enacted.
"REIMBURSEMENT FOR CONTRIBUTION DEFICIENCY
"SEC. 205. (a) For purposes of this section-
"(1) the term 'contribution deficiency; when used with respect
to 'a covered retirement system, means the excess of-
"(A) the total amount which, but for section 204(a) of this
Act, would have been deducted and withheld under a pro-
vision referred to in such section from the pay of covered
employees participating in such retirement system for serv-
ice to which such section applies, over
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"(B) the total amount. which was deducted and withheld
from the pay of covered employees for such service as pro-
vided in section 204(a) of this Act; and
"(2) the term 'appropriate agency head' means-
"(A) the Director of the Office of Personnel Management,
with respect to the Civil Service Retirement and Disability
System under subchapter III of chapter 83 of title 5, United
States Code;
"(B) the Secretary of State, with respect to the Foreign
Service Retirement and Disability System under chapter
of the Foreign Service Retirement Act of 1980 (22 USC 40.
et seq.),
"(C) the Director of Central Intelligence, with respect tt
the Central Intelligence Agency Retirement and Disability
System under the Central Intelligence Agency Retirement
Act of 1964 for Certain Employees (50 U.S.C 403 note); and
"(D) the officer designated by the President for that pur-
pose in the case of any retirement system described in sec-
tion 203(aX2XD) of this Act.
"(b) At the end of each of fiscal years 1984, 1985, and 1986, the
appropriate agency head-
"(1) shall determine the amount of the contribution deficiency
for such fiscal year in the case of each covered retirement
system, including the interest that those contributions would
have earned had they been credited to the fund established for
the payment of benefits under such retirement system in the
same manner and at the same time as deductions under the ap-
plicable provision of law referred to in section 204(a) of this
Act; and
"(2) shall notify the Secretary of the Treasury of the amount
of the contribution deficiency in each such case.
"(c) Before closing the accounts for each of fiscal years 1984, 1985,
and 1986, the Secretary of the Treasury shall credit to the fund es-
tablished for the payment of benefits under each covered retirement
system, as a Government contribution, out of any money in the
Treasury not otherwise appropriated, an amount equal to the
amount determined under subsection (b) with respect to that covered
retirement system for the fiscal year involved
"(d) Amounts credited to a fund under subsection (c) shall be ac-
counted for separately than amounts credited to such fund under
any other provision of law.
"SPECIAL DEPOSIT AND OFFSET RULES RELATING TO RETIREMENT.
BENEFITS FOR INTERIM COVERED SERVICE
"SEC 206. (a) For the purposes of this section, the term 'interim
covered service' means covered service to which section 204(a) ap-
plies.
. "(b)(1) Paragraphs (2) and (3) apply according to the provisions
thereof only with respect to a covered employee who is employed by
the Government on December 31, 1983.
"(2)(A) Notwithstanding any other provision of law, the interim
covered service of such covered employee shall be considered-
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 Approved For Release 2011/01/14: CIA-RDP89-00066R00090008004-0 al who is entitled to an annuity under
A
d em-
h
covere
a covered retirement system Dosed on the service of suc
it
pcw
"(i) in determining entitlement to and computing the amount
of an m nc annuitz under (a other than covered a retirement idisability or system g uvduring the Ype oio ployee or who would be entitled to such before an annuity if suc may maw
b e beginning January 1, 1984, and ending on the earlier of the had been made by the covered employee Service ~
beginnip
date a new Government retirement system takes effect emJlonee e de red it by aaftder epos the it date made of pre th death of a suto th ch f ~aCh covered t~ employee. Whom con -
mployyee ere makes P a Y de- sidered in determining
dry 1, 1986, by reason ofy if the such covered r os
e first sentence applies, the entitlement to and the amount of an an-
during the
such period on uche of such
provided ded for such nuity under a covered retirement system based on the service of such
an amount hh fcovered re computed as retirement system
covered d to the e service cre in dit of
cin subsec- covered employee.
lion) (Al in and computing a disability or survivor annuity which com- "(e) A reduction in annuity uhder Tuts n h aXIXB) or (cXI) the shall commence on the first day of first
(ti)
mences under a covered retirement system during such period which payment of benefits under title II of the Social Security Act
and is is based d i n any part on such interim covered service. commence and shall be redetermined each time an increase in such
"(B) Notwithstanding any a ptP portion li s shall rovisionbe redo ed by the portion benefits takes effect pursuant to section 215(i) of the Social Security
aragraph (AX i) P Act. In the case of an annuity of a participant or former child
hi of
urviving snouse
ub
h
h
p
s
c
w
e in a covered retirement system, os
of the amount of any benefits which is payable under title dI of t
Social Security Act and is attributable to the interim covered service such participant or former participant, or of any other person deaig-
uting the amount of such annuity, as determined Hated by such participant or former participant to receive an annu-
ered in comp
r
~d
bsection (~ unless, in the case of a survivor annuity, a coo- it under a covered retirement system (other than a former spouse)
(r than (rY2) shall
or
d
y
e
un
,
su
er
un
ubsection
the reduction in annuity under s
ered employee has made a deposit with respect to such covered sere-
'
under
in such annuity provided
n which
t
d
h
io
e o
a
n
e
reduct
for the urposes of subparagraph (A,41,1 before t
calculated before any of paying an annuity under such system
payment of such annuity commences. a new Govern- such system for the pu
"(3) Notwithstanding any other provision of law, if inapplicable to such to any former spouse o such participant or former paicipant based
ment retirement system is not established or is inapp on the service of such participant or former participant.
the o of a
a covered employee who retires or dies subject to a covered retirelse do eouered ), imde-
For
men
nient system takes effect, the interim covered service of such covered posit to the excess o`
employee shall be considered in determining entitlement to and ~~ t the total amount which would have been deducted
covered er a coue employee eed only if s only if such h - withheld from the basic pay of the covered employee jo
such ity under
system based the in-
covered based the on the amount service an of annuity
employee makes a deposit to the credit of such covered re- terim covered service under such covered retirement system but
for the application of section 204(a), over
such
P
"(2) the amount io of sec was deducted and withheld from such
provided system csuch covered service in an amount computed as withheld r
provided in in subsection h) according to the provisions basic pay for such interim covered service pursuant section
' reo f Paragraphs (2) and (3) apply 204(a) and was not refunded to such covered em loyee.
h portion
ther ieof only wit respect to a eouered 1, 19 yes who was not em "(g) For the purpose of subsections (bX2XB) a 2)it the II or the
"ch he rtion
ployed Notwith Gouerdng a y other provision the amount of the benefits which is payable
to f under a covered retirement system 'during the SOCere1Security 8ha~ltbe di individual 1 and is attributable to interim
d e the amount 0 t h benefits including credit
on iterd dim eescribedouereidd subsection Xd and is based, in part, coo
period
service shall ll be be reduced by the portion of the "(1) computing
on in
amount of any benefits which is payable under title payable the Social for such
curity Act to the annuitant and is attributable to such service, as in"(2d computing ~the amount of ansuch enefits, if any, without
determined under subsection (g) use
Noturitlistanding any other provision of law, if a new Govern- "(3) subtracting the amount computed under clause (2) from
meet retirement system is not established, for interim ioJanuary 1, "(h) The Secretary f o lthand Human Servics shall ffurnish to
ice "(8) of (~~
such a covered ered employee who retires appropriate a eney head (as defined in section 205(aX2)) o
out this
..
1986, shall be considered in determining entitlement to and comput- the head considers necessary to carry
ing the amount o f an annuity under a covered retirement system section.
based on the service of such covered employee only if such covered formation as sue agency
DIT TO NSW RETIREMENT SYSTEM
uch covered retirement
f
di
"
s
t o
the cre
employee makes a deposit to
amount computed as provided
i
n an
d service
-system for such covere 4n subsection (/) employee
?(dV3j apa covered plies dies mwithout having made a deposit pursua t to
TRANSFER OF CRE
ho first beeoms employed
l
oyee w
d emp
SEc. 207. (a) Any covere "
in civilian service by the Government or first takes office in civilian
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service in the Government on or after January 1, 1984, shall become
subject to such new Government retirement system as may be estab.
lished.
"(b) In the case of any covered employee who is subject to a cov-
ered retirement system on or after January 1, 1984, and thereafter
becomes subject to a new Government retirement system-
"(1) credit for the service of such employee to which section
204(a) applies shall be transferred from such covered retirement
system to the new Government retirement system for the pur-
poses of the new Government retirement system; and
"(2) such service shall be considered not to be creditable serv-
ice for the purposes of such covered retirement system,
effective on the date on which such employee becomes subject to
such new Government retirement system.
"ELECTIONS BY CERTAIN COVERED EMPLOYEES
"SEc. 208. (a) Any individual performing service of a type referred
to ,in clause (i), (ii), (iii), or (iv) of section 210(a)(5) of the Social Secu-
rity Act beginnin on or before December 31, 1983, may-
"(1) if such individual is then currently a participant in a
covered retirement system, elect by written application submit-
ted before January 1, 1984-
"(A) to terminate participation in such system, effective
after December 31, 1983; or
"(B) to remain under such system, as if the preceding sec-
tions of this Act and the amendments made by this Act
had not been enacted; or
"(2) if such individual is then currently not a participant in a
covered retirement system, elect by written application-
"(A) to become a participant under such system (if such
individual is otherwise eligible to participate in the
system), subject to the preceding sections of this Act and the
amendments made by this Act; or
"(B) to become a participant under such system (if such
individual is otherwise eligible to participate in the
? system), as if the preceding sections of this Act and the
amendments made by this Act had not been enacted.
"(b) An application by an individual under subsection (a) shall be
submitted to the o ficial by whom such covered employee is paid.
"(c) Any individual who elects to terminate participation in a cov-
ered retirement system under subsection (aX1)(A) is entitled to have
such individual's contributions to the retirement system refunded,
in accordance with applicable provisions of law, as if such individu-
al had separated from service as of the effective date of the election.
"(d) Any individual who is eligible to make an election under sub-
-
para raph (A) or (B) of subsection (aXi), but who does not make an ton sections s either such of this Act and heamendshall be ments made subject
by this the Act
ceding .
"TITLE III-SENIOR EXECUTIVE SERVICE
"SEC. 301. (a) The Office of Personnel Management shall study
within 12 months after the date of enactment of
' that the Senate agree to the same.
WILLIAM D. FoaD,
MO UDALL,
MARY Ross OAKAR,
GENE TAYLOR,
BENJAMIN A. GILMAN,
Managers on the Part of the House.
TED STEVENS,
CHARLES MCC. MATHIAS, Jr.,
JEFF BINGAMAN,
Managers on the Part of the Senate.
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