Sec. 102. Postal service authority to negotiate retirement benefit terms for new employees
771 words·~4 min read·
/bill/113/s/1486/is/section-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1005 of title 39, United States Code, is amended by adding at the end the following: In this subsection— the term collective bargaining agreement means a collective bargaining agreement between the Postal Service and a bargaining representative recognized under section 1203 entered into after the date of enactment of the Postal Reform Act of 2013 ; the term new employee means an individual who becomes an officer or employee of the Postal Service after the date of enactment of the Postal Reform Act of 2013 ; the term not covered under the FERS defined benefit plan , with respect to an officer or employee of the Postal Service, means that service by the officer or employee of the Postal Service as an officer or employee of the Postal Service shall not be creditable service for purposes of chapter 84 of title 5.
A collective bargaining agreement may provide, notwithstanding chapter 84 of title 5, that some or all new employees covered under the collective bargaining agreement shall be not covered under the FERS defined benefit plan. If a new employee is not covered under the FERS defined benefit plan pursuant to a collective bargaining agreement, any subsequent service by the new employee as an officer or employee of the Postal Service shall be not covered under the FERS defined benefit plan.
Subject to the requirements under this subsection, a collective bargaining agreement may include one or more additional retirement benefit plans for the benefit of some or all new employees covered under the collective bargaining agreement. A collective bargaining agreement may establish, with respect to some or all new employees covered under the collective bargaining agreement— without regard to section 8422 of title 5, and subject to subparagraph
(C)of this paragraph and paragraph (2)(B), the amounts to be deducted and withheld from the pay of the new employees for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund; without regard to section 8432 of title 5, whether the Postal Service shall make contributions to the Thrift Savings Fund for the benefit of the new employees, and, if the Postal Service shall make such contributions, the amounts that the Postal Service shall contribute; and for any retirement benefit plan established under the bargaining agreement, the amounts to be deducted and withheld from the pay of the new employees under the retirement benefit plan for the benefit of the new employees. Except as provided in paragraph (2)(B), a collective bargaining agreement may establish the amounts described in subparagraph (A)(i) with respect to some or all new employees who were covered under a previous collective bargaining agreement. The Postal Service shall, under section 8422(c) of title 5, deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund the amount that the Postal Service would have deducted and withheld from the basic pay of each officer and employee of the Postal Service, except an officer or employee who is not covered under the FERS defined benefit plan, without regard to subparagraph (A)(i) or any agreement regarding amounts to be deducted and withheld under subparagraph (A)(i). If any new employee is not covered under the FERS defined benefit plan pursuant to a collective bargaining agreement, any member of the Postal Career Executive Service shall be not covered under the FERS defined benefit plan on and after the effective date of the collective bargaining agreement. Except as provided in paragraph (3)(A), nothing in this subsection or in a provision of a collective bargaining agreement entered under this subsection shall affect the coverage of an officer or employee of the Postal Service under subchapter III of chapter 84 of the United States Code (relating to the Thrift Savings Plan). . Section 1005 of title 39, United States Code, is amended— in subsection (d)(1), by striking Officers and inserting Except as provided in subsection (g), officers ; and in subsection (f), in the second sentence— by inserting 84, before 87, ; and by striking this subsection. and inserting this subsection or subsection (g). . Subchapter II of chapter 84 of title 5, United States Code, is amended by adding at the end the following: The application of sections 8422 and 8423 of this title and subchapters III and VII of this chapter with respect to an officer or employee of the Postal Service may be modified as provided under section 1005(g) of title 39. . The table of sections for chapter 84 of title 5, United States Code, is amended by adding at the end the following: 8426. Postal Service retirement. .