Sec. 102. USPS FAIRNESS ACT
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## SEC. 102 USPS FAIRNESS ACT ###
(a)Short Title **[**[5 U.S.C. 101 note](/us/usc/t5/s101)**]** This section may be cited as the “USPS Fairness Act”. ###
(b)Rational Benefits Funding and Accounting ####
(1)In general Section 8909a of title 5, United States Code, is amended by striking subsection
(d)and inserting the following: > > ### “(d) > > > ####
(1)> > Not later than June 30, 2026, and by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the amount (if any) that Government contributions required to be paid from the Fund under section 8906(g)(2)(A) exceeded the estimated net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A). > > > #### “(2) > > Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the amount (if any) of the excess computed under such paragraph. > > > ### “(e) > > Any computation required under section 3654(b) of title 39 shall be based on— > > > #### “(1) > > the net present value of the future net claims costs with respect to— > > > ##### “(A) > > current annuitants of the United States Postal Service as of the end of the fiscal year ending on September 30 of the relevant reporting year; and > > > ##### “(B) > > current employees of the United States Postal Service who would, as of September 30 of that year— > > > ###### “(i) > > be eligible to become annuitants pursuant to section 8901(3)(A)(i) or (ii); and > > > ###### “(ii) > > if they were retired as of that date, meet the criteria for coverage of annuitants under section 8905(b); > > > #### “(2) > > economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and > > > #### “(3) > > any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate. > > > ### “(f) > > After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection. > > > ### “(g) > > For purposes of this section, the term ‘estimated net claims costs’ shall mean the difference between— > > > #### “(1) > > the sum of— > > > ##### “(A) > > the estimated costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants; and > > > ##### “(B) > > an amount of indirect expenses reasonably allocable to the provision, payment, or reimbursement described in subparagraph (A), as determined by the Office; and > > > #### “(2) > > the amount withheld from the annuity of or paid by annuitants of the United States Postal Service under section 8906.” > . ####
(2)Clerical amendment The heading of section 8909a of title 5, United States Code, is amended by striking “Benefit” and inserting “Benefits”. ###
(c)Application **[**[5 U.S.C. 8909a note](/us/usc/t5/s8909a)**]** ####
(1)Cancellation of payments Any payment required from the Postal Service under section 8909a of title 5, United States Code, as in effect on the day before the date of enactment of this Act that remains unpaid as of such date of enactment is canceled. ####
(2)Effect of this act In any determination relating to the future liability for retiree health benefits of the United States Postal Service or the Postal Service Retiree Health Benefits Fund, the Office of Personnel Management shall take into account the actual and reasonably expected effects of this Act. ###
(d)Use of Funds From Sale of Real Property for Certain Payments ####
(1)In general Chapter 29 of title 39, United States Code, is amended by adding at the end the following: > > ## “SEC. 2903 Use of funds from sale of property > > “In the event that the Postal Service permanently ceases operations, any funds derived from the sale of any real property owned by the Postal Service shall be used to pay any outstanding liability with respect to the salaries and expenses of any Postal Service employee. The balance of any remaining funds shall be deposited into the Postal Service Retiree Health Benefits Fund established under section 8909a of title 5.” > . ####
(2)Clerical amendment **[**[39 U.S.C. 2901](/us/usc/t39/s2901)**]** The table of sections of such chapter is amended by adding after the item relating to section 2902 the following new item:" “2903. Use of funds from sale of property.” ".
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