THIS SEARCH     THIS DOCUMENT     GO TO
Next Hit        Forward           New Bills Search
Prev Hit        Back              HomePage
Hit List        Best Sections     Help
                Contents Display   

Bill PDFBillno should always have and extension i.e. h1.ih

Printer Friendly[Help]

Congressional Record References

Bill Summary & Status

S 629 IS

To facilitate the part-time reemployment of annuitants, and for other purposes.

March 18, 2009

Ms. COLLINS (for herself, Mr. VOINOVICH, and Mr. KOHL) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

To facilitate the part-time reemployment of annuitants, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Part-Time Reemployment of Annuitants Act of 2009'.

SEC. 2. PART-TIME REEMPLOYMENT.

(a) Civil Service Retirement System- Section 8344 of title 5, United States Code, is amended--

(1) by redesignating subsection (l) as subsection (m);

(2) by inserting after subsection (k) the following:

`(l)(1) For purposes of this subsection--

`(A) the term `head of an agency' means--

`(i) the head of an Executive agency;

`(ii) the head of the United States Postal Service;

`(iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and

`(iv) any employing authority described under subsection (k)(2); and

`(B) the term `limited time appointee' means an annuitant appointed under a temporary appointment limited to 1 year or less.

`(2) The head of an agency may waive the application of subsection (a) or (b) with respect to any annuitant who is employed in such agency as a limited time appointee.

`(3) The head of an agency may not waive the application of subsection (a) or (b) with respect to an annuitant--

`(A) for more than 520 hours of service performed by that annuitant during the period ending 6 months following the individual's annuity commencing date;

`(B) for more than 1040 hours of service performed by that annuitant during any 12-month period; or

`(C) for more than a total of 3120 hours of service performed by that annuitant.

`(4)(A) The total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8468(i) applies may not exceed 2.5 percent of the total number of full-time employees of that agency.

`(B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8468(i) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit a report with an explanation that justifies the need for the waivers in excess of that percentage to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Personnel Management.

`(5)(A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection.

`(B) Any regulations promulgated under subparagraph (A) may--

`(i) provide standards for the maintenance and form of necessary records of employment under this subsection;

`(ii) to the extent not otherwise expressly prohibited by law, require employing agencies to provide records of such employment to the Office of Personnel Management or other employing agencies as necessary to ensure compliance with paragraph (3);

`(iii) authorize other administratively convenient periods substantially equivalent to 12 months, such as 26 pay periods, to be used in determining compliance with paragraph (3)(B); and

`(iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for the effective operation of, or to ensure compliance with, this subsection.

`(6) The authority of the head of an agency under this subsection to waive the application of subsection (a) or (b) shall terminate 5 years after the date of enactment of the Part-Time Reemployment of Annuitants Act of 2009.'; and

(3) in subsection (m) (as so redesignated)--

(A) in paragraph (1), by striking `(k)' and inserting `(l)'; and

(B) in paragraph (2), by striking `or (k)' and inserting `(k), or (l)'.

(b) Federal Employee Retirement System- Section 8468 of title 5, United States Code, is amended--

(1) by redesignating subsection (i) as subsection (j);

(2) by inserting after subsection (h) the following:

`(i)(1) For purposes of this subsection--

`(A) the term `head of an agency' means--

`(i) the head of an Executive agency;

`(ii) the head of the United States Postal Service;

`(iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and

`(iv) any employing authority described under subsection (h)(2); and

`(B) the term `limited time appointee' means an annuitant appointed under a temporary appointment limited to 1 year or less.

`(2) The head of an agency may waive the application of subsection (a) with respect to any annuitant who is employed in such agency as a limited time appointee.

`(3) The head of an agency may not waive the application of subsection (a) with respect to an annuitant--

`(A) for more than 520 hours of service performed by that annuitant during the period ending 6 months following the individual's annuity commencing date;

`(B) for more than 1040 hours of service performed by that annuitant during any 12-month period; or

`(C) for more than a total of 3120 hours of service performed by that annuitant.

`(4)(A) The total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies may not exceed 2.5 percent of the total number of full-time employees of that agency.

`(B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit a report with an explanation that justifies the need for the waivers in excess of that percentage to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Personnel Management.

`(5)(A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection.

`(B) Any regulations promulgated under subparagraph (A) may--

`(i) provide standards for the maintenance and form of necessary records of employment under this subsection;

`(ii) to the extent not otherwise expressly prohibited by law, require employing agencies to provide records of such employment to the Office or other employing agencies as necessary to ensure compliance with paragraph (3);

`(iii) authorize other administratively convenient periods substantially equivalent to 12 months, such as 26 pay periods, to be used in determining compliance with paragraph (3)(B); and

`(iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for effective operation of, or to ensure compliance with, this subsection.

`(6) The authority of the head of an agency under this subsection to waive the application of subsection (a) shall terminate 5 years after the date of enactment of the Part-Time Reemployment of Annuitants Act of 2009.'; and

(3) in subsection (j) (as so redesignated)--

(A) in paragraph (1), by striking `(h)' and inserting `(i)'; and

(B) in paragraph (2), by striking `or (h)' and inserting `(h), or (i)'.

(c) Rule of Construction- Nothing in the amendments made by this section may be construed to authorize the waiver of the hiring preferences under chapter 33 of title 5, United States Code in selecting annuitants to employ in an appointive or elective position.

(d) Technical and Conforming Amendments- Section 1005(d)(2) of title 39, United States Code, is amended--

(1) by striking `(l)(2)' and inserting `(m)(2)'; and

(2) by striking `(i)(2)' and inserting `(j)(2)'.

SEC. 3. GAO REPORT.

(a) In General- Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report regarding the use of the authority under the amendments made by section 2.

(b) Contents- The report submitted under subsection (a) shall--

(1) include the number of annuitants for whom a waiver was made under subsection (l) of section 8344 of title 5, United States Code, as amended by this Act, or subsection (i) of section 8468 of title 5, United States Code, as amended by this Act; and

(2) identify each agency that used the authority described in paragraph (1).

THIS SEARCH     THIS DOCUMENT     GO TO
Next Hit        Forward           New Bills Search
Prev Hit        Back              HomePage
Hit List        Best Sections     Help
                Contents Display