Sec. 101. Modified methodology

549 words·~2 min read·/bill/113/s/316/is/section-101

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Section 8348(h) of title 5, United States Code, is amended by adding at the end the following: To the extent that a determination under paragraph (1), relating to benefits attributable to civilian employment with the United States Postal Service, is based on a provision of law described in subparagraph (C), the determination shall be made in accordance with that provision and any otherwise applicable provisions of law, subject to the following: The average pay used in the case of any individual shall be a single amount, determined in accordance with section 8331(4), taking into account the rates of basic pay in effect for the individual during the periods of creditable service performed by the individual.

Nothing in this subsection shall be considered to permit or require— 1 determination of average pay with respect to service performed with the United States Postal Service; and a separate determination of average pay with respect to service performed with its predecessor entity in function. In determining the portion of an annuity attributable to civilian employment with the United States Postal Service, with respect to any period of employment with the United States Postal Service that follows any other period of employment creditable under section 8332 (without regard to whether the employment was with an entity referred to in clause (i)(II)), the total service of an employee for purposes of any provision of law described in subparagraph

(C)shall be the sum of— any period of employment with the United States Postal Service; and any period of employment creditable under section 8332 that precedes the period described in subclause (I). Not later than 6 months after the date of enactment of this paragraph, the Office shall determine (or, if applicable, redetermine) the amount of the Postal surplus or supplemental liability as of the close of the fiscal year most recently ending before that date of enactment, in conformance with the methodology required under subparagraph (A). If the result of the determination or redetermination under clause

(i)is a surplus, the Office may transfer the amount of the surplus, or any portion of the amount of the surplus, at the request of the United States Postal Service, to— the Postal Service Retiree Health Benefits Fund established under section 8909a; and the Postal Service Fund established under section 2003 of title 39. If a determination or redetermination under clause

(i)for a fiscal year is made before a determination under paragraph (2)(B) is made with respect to the fiscal year, the Office may not make a determination under paragraph (2)(B) with respect to the fiscal year. The provisions of law described in this subparagraph are— the first sentence of section 8339(a); and section 8339(d)(1). . Section 8909a of title 5, United States Code, is amended by adding at the end the following: Notwithstanding any other provision of law, the Office shall determine the amount payable by the Postal Service under subsection

(d)in any fiscal year ending on or before September 30, 2013, without regard to the requirements under section 8348(h)(4). . Nothing in this Act shall affect the amount of any benefits otherwise payable from the Civil Service Retirement and Disability Fund to any individual. The heading for section 8909a of title 5, United States Code, is amended by striking and inserting Benefit . Benefits