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5 U.S.C. § 8909aPostal Service Retiree Health Benefits Fund

submitted 20 years ago by Pub. L. 109-435 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 485 words · no verdicts yet

in plain englishAI-generated · not legal advice

A separate Treasury fund pays for retired Postal Service employees' health benefits, managed by OPM and invested in U.S. government securities. Each year, OPM must calculate whether the government paid more into the fund than actual retiree health claims cost, and the Postal Service must pay any extra amount into the fund. The section defines exactly how that "estimated net claims cost" comparison is calculated.

(a) There is a fund in the Treasury, called the Postal Service Retiree Health Benefits Fund, run by OPM. (b) The Fund can pay, without a yearly limit, the government contributions required under section 8906(g)(2)(A). (c) The Treasury Secretary must immediately invest money in the Fund that is not needed right away, in interest-paying U.S. government securities — the same way money is invested for the Civil Service Retirement and Disability Fund. (d) (1) By June 30, 2026, and every June 30 after that, OPM must calculate, for the fiscal year that just ended, how much (if any) the government's required contributions under section 8906(g)(2)(A) were more than the actual estimated cost of retirees' claims. (2) By September 30 of that same year, the Postal Service must pay that extra amount (if any) into the Fund. (e) Any calculation required under section 3654(b) of title 39 must be based on: (1) the present-day value of future claims costs for (A) current Postal Service annuitants as of the end of that fiscal year, and (B) current Postal Service employees who, as of that date, would (i) be eligible to become annuitants under section 8901(3)(A)(i) or (ii), and (ii) if they retired that day, would meet the coverage rules in section 8905(b); (2) the same economic and actuarial methods used to figure the Postal surplus or supplemental liability under section 8348(h); and (3) any other methods OPM's Director thinks are appropriate, including a health-care cost trend rate. (f) After talking with the Postal Service, OPM must issue whatever regulations it decides are necessary. (g) "Estimated net claims costs" means: the total of (1)(A) the estimated cost a carrier spends providing, paying for, or reimbursing health services for Postal Service annuitants and people covered under their enrollment, plus (1)(B) a reasonable share of indirect expenses tied to that, as OPM decides — minus (2) the amount withheld from or paid by those annuitants under section 8906.
the actual law source: uscode.house.gov ↗public domain
(a)

There is in the Treasury of the United States a Postal Service Retiree Health Benefits Fund which is administered by the Office of Personnel Management.

(b)

The Fund is available without fiscal year limitation for payments required under section 8906(g)(2)(A).

(c)

The Secretary of the Treasury shall immediately invest, in interest-bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. Such investments shall be made in the same manner as investments for the Civil Service Retirement and Disability Fund under section 8348.

(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.

Source credit: (Added Pub. L. 109–435, title VIII, § 803(a)(1)(B), Dec. 20, 2006, 120 Stat. 3251; amended Pub. L. 111–68, div. B, § 164(a), Oct. 1, 2009, 123 Stat. 2053; Pub. L. 112–33, § 124, Sept. 30, 2011, 125 Stat. 366; Pub. L. 112–74, div. C, title VI, § 632, Dec. 23, 2011, 125 Stat. 928; Pub. L. 117–108, title I, § 102(b), Apr. 6, 2022, 136 Stat. 1138.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-435 · 120 Stat. 3251
  • 2009Amended · Pub. L. 111-68 · 123 Stat. 2053
  • 2011Amended · Pub. L. 112-33 · 125 Stat. 366
  • 2011Amended · Pub. L. 112-74 · 125 Stat. 928
  • 2022Amended · Pub. L. 117-108 · 136 Stat. 1138

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-435 on 2006-12-20.

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