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5 U.S.C. § 8423 — Government contributions

submitted 40 years ago by Pub. L. 99-335 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 906 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires each federal agency to contribute money into the retirement Fund for its employees, using percentage rates tied to how costly their retirement benefits are. It also sets up a separate system for paying off the retirement system's long-term shortfall and lets agencies challenge their contribution amounts.

(a) Every agency that has employees or Members covered by this system must pay into the Fund. The payment has two parts added together: one part covers regular employees, calculated as a set "normal-cost percentage" times the total basic pay the agency paid those employees; the other part covers Members, Congressional employees, and higher-risk categories like law enforcement officers, firefighters, Supreme Court Police, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, and certain CIA retirement-system employees, using their own normal-cost percentage times their total basic pay.

When the Office sets these normal-cost percentages, it accounts for what employees already contribute under section 8422. For periods after December 31, 2013, the percentage is calculated as though a particular 2013 budget law provision never passed — meaning agencies pay somewhat more. That extra money goes toward paying down the old Civil Service Retirement System's unfunded liability, until the Office determines that liability has been eliminated; after that, this special rule stops applying. It never applies, though, to what the Postal Service and Postal Regulatory Commission pay.

Agencies pay these contributions out of the same funding source they use to pay the employees in question — for elected officials, out of the fund used for other salaries in that office, and for House of Representatives employees, out of the applicable House accounts. Contributions are deposited following procedures the Comptroller General sets.

(b) Separately, the Office calculates the Fund's "supplemental liability" every year — the retirement system's shortfall — figuring it once for most people and once for current and former Postal Service and Postal Regulatory Commission employees and their survivors. Each year's shortfall is paid off over 30 equal annual installments, with interest at the rate used in the system's most recent valuation. The Office tells the Secretary of the Treasury the installment amount for the general shortfall, and tells the Postmaster General the installment for the Postal Service's share. The Treasury then credits that amount to the Fund out of general Treasury money, and the Postal Service pays its own share directly to the Fund. To do these calculations, the Office can direct the Civil Service Retirement System's Board of Actuaries to run the numbers, or can rely on the Board's most recent work.

(c) If an agency head disagrees with an amount they owe under this section, they can ask for it to be reconsidered, following Office regulations. That request goes to the Board of Actuaries, which reviews the Office's math and can adjust the amount. Whatever the Board decides is final.

the actual law source: uscode.house.gov ↗public domain
(a)
(1)

Each employing agency having any employees or Members subject to section 8422(a) shall contribute to the Fund an amount equal to the sum of—

(A)

the product of—

(i)

the normal-cost percentage, as determined for employees (other than employees covered by subparagraph (B)), multiplied by

(ii)

the aggregate amount of basic pay payable by the agency, for the period involved, to employees (under clause (i)) who are within such agency; and

(B)

the product of—

(i)

the normal-cost percentage, as determined for Members, Congressional employees (including a separate normal-cost percentage for Congressional employees that are members of the Capitol Police covered under subsection (d) of section 8412 and subsection (c) of section 8425), law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, multiplied by

(ii)

the aggregate amount of basic pay payable by the agency, for the period involved, to employees and Members (under clause (i)) who are within such agency.

(2)
(A)

In determining any normal-cost percentage to be applied under this subsection, amounts provided for under section 8422 shall be taken into account.

(B)
(i)

Subject to clauses (ii) and (iii), for purposes of any period in any year beginning after December 31, 2013, the normal-cost percentage under this subsection shall be determined and applied as if section 401(b) of the Bipartisan Budget Act of 2013 had not been enacted.

(ii)

Any contributions under this subsection in excess of the amounts which (but for clause (i)) would otherwise have been payable shall be applied toward reducing the unfunded liability of the Civil Service Retirement System.

(iii)

After the unfunded liability of the Civil Service Retirement System has been eliminated, as determined by the Office, Government contributions under this subsection shall be determined and made disregarding this subparagraph.

(iv)

The preceding provisions of this subparagraph shall be disregarded for purposes of determining the contributions payable by the United States Postal Service and the Postal Regulatory Commission.

(3)

Contributions under this subsection shall be paid—

(A)

in the case of law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, and other employees, from the appropriation or fund used to pay such law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, or other employees, respectively;

(B)

in the case of elected officials, from an appropriation or fund available for payment of other salaries of the same office or establishment; and

(C)

in the case of employees of the legislative branch paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives.

(4)

A contribution to the Fund under this subsection shall be deposited under such procedures as the Comptroller General of the United States may prescribe.

(b)
(1)

The Office shall compute—

(A)

the amount of the supplemental liability of the Fund with respect to individuals other than those to whom subparagraph (B) relates, and

(B)

the amount of the supplemental liability of the Fund with respect to current or former employees of the United States Postal Service (and the Postal Regulatory Commission) and their survivors;

as of the close of each fiscal year beginning after September 30, 1987.

(2)

The amount of any supplemental liability computed under paragraph (1)(A) or (1)(B) shall be amortized in 30 equal annual installments, with interest computed at the rate used in the most recent valuation of the System.

(3)

At the end of each fiscal year, the Office shall notify—

(A)

the Secretary of the Treasury of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(A); and

(B)

the Postmaster General of the United States of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(B).

(4)
(A)

Before closing the accounts for a fiscal year, the Secretary of the Treasury shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the amount under paragraph (3)(A) for such year.

(B)

Upon receiving notification under paragraph (3)(B), the United States Postal Service shall pay the amount specified in such notification to the Fund.

(5)

For the purpose of carrying out paragraph (1) with respect to any fiscal year, the Office may—

(A)

require the Board of Actuaries of the Civil Service Retirement System to make actuarial determinations and valuations, make recommendations, and maintain records in the same manner as provided in section 8347(f); and

(B)

use the latest actuarial determinations and valuations made by such Board of Actuaries.

(c)

Under regulations prescribed by the Office, the head of an agency may request reconsideration of any amount determined to be payable with respect to such agency under subsection (a) or (b). Any such request shall be referred to the Board of Actuaries of the Civil Service Retirement System. The Board of Actuaries shall review the computations of the Office and may make any adjustment with respect to any such amount which the Board determines appropriate. A determination by the Board of Actuaries under this subsection shall be final.

Source credit: (Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 537; amended Pub. L. 102–378, § 2(66), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 102–496, title VIII, § 803(c), Oct. 24, 1992, 106 Stat. 3253; Pub. L. 104–186, title II, § 215(15), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 105–261, div. C, title XXXI, § 3154(j), Oct. 17, 1998, 112 Stat. 2256; Pub. L. 106–553, § 1(a)(2) [title III, § 308(c)(4)], Dec. 21, 2000, 114 Stat. 2762, 2762A–87; Pub. L. 109–435, title VI, § 604(b), Dec. 20, 2006, 120 Stat. 3241; Pub. L. 110–161, div. E, title V, § 535(b)(5), Dec. 26, 2007, 121 Stat. 2076; Pub. L. 113–67, div. A, title IV, § 401(c), Dec. 26, 2013, 127 Stat. 1184; Pub. L. 116–94, div. E, title II, § 211, Dec. 20, 2019, 133 Stat. 2773.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-335 · 100 Stat. 537
  • 1992Amended · Pub. L. 102-378 · 106 Stat. 1354
  • 1992Amended · Pub. L. 102-496 · 106 Stat. 3253
  • 1996Amended · Pub. L. 104-186 · 110 Stat. 1746
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2256
  • 2000Amended · Pub. L. 106-553 · 114 Stat. 2762, 2762
  • 2006Amended · Pub. L. 109-435 · 120 Stat. 3241
  • 2007Amended · Pub. L. 110-161 · 121 Stat. 2076
  • 2013Amended · Pub. L. 113-67 · 127 Stat. 1184
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 2773

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-335 on 1986-06-06.

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