§8423 — Title 5 Government Organization and Employees | U.S. Code

Summary

Agencies must put money into the retirement Fund based on a "normal-cost" percentage times the total basic pay they pay. One calculation covers most employees. A separate calculation covers Members and certain special groups (Congressional employees including a separate rate for Capitol Police members, law enforcement officers, Supreme Court Police, firefighters, nuclear materials couriers, Customs and Border Protection officers, air traffic controllers, military reserve technicians, and certain CIA employees). When setting the normal-cost percentages, amounts required under section 8422 must be counted. For any year after December 31, 2013, the percentage is calculated as if section 401(b) of the Bipartisan Budget Act of 2013 never took effect. Any extra payments caused by that rule must go to reduce the Civil Service Retirement System’s unfunded liability. Once that unfunded liability is gone, the Office will stop following that special rule. The United States Postal Service and the Postal Regulatory Commission do not follow that special rule. Payments must come from the appropriations or funds that pay the covered employees or offices, and deposits are made under rules the Comptroller General sets. The Office must also compute any supplemental liability for the Fund for two groups: other covered individuals and current or former Postal Service (and Postal Regulatory Commission) employees and their survivors. Those supplemental amounts are spread over 30 equal annual payments with interest at the rate from the most recent valuation. Each year the Office tells the Treasury Secretary the payment for the first group and tells the Postmaster General the payment for the postal group. Treasury credits its share to the Fund before closing the books for the year, and the Postal Service pays its share when notified. The Office may use the Board of Actuaries for actuarial work and valuations. An agency head can ask the Board to review any amount; the Board can adjust it, and its decision is final.

Title 5, §8423

Government Organization and Employees — Source: USLM XML via OLRC

(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 section 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;

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 302 and 303 of the Central Intelligence Agency Retirement Act, referred to in subsec. (a)(1)(B)(i), are classified to section 2152 and 2153, respectively, of Title 50, War and National Defense. section 401(b) of the Bipartisan Budget Act of 2013, referred to in subsec. (a)(2)(B)(i), is section 401(b) of div. A of Pub. L. 113–67, which amended section 8422 of this title.

Amendments

2019—Subsec. (a)(1)(B)(i). Pub. L. 116–94 inserted “(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)” after “Congressional employees”. 2013—Subsec. (a)(2). Pub. L. 113–67 designated existing provisions as subpar. (A) and added subpar. (B). 2007—Subsec. (a)(1)(B)(i), (3)(A). Pub. L. 110–161 inserted “customs and border protection officers,” after “nuclear materials couriers,” wherever appearing. 2006—Subsec. (b)(1)(B). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 2000—Subsec. (a). Pub. L. 106–553 inserted “members of the Supreme Court Police,” after “law

Enforcement

officers,” wherever appearing. 1998—Subsec. (a)(1)(B)(i), (3)(A). Pub. L. 105–261 inserted “nuclear materials couriers,” after “firefighters,” wherever appearing. 1996—Subsec. (a)(3)(C). Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives” for “Clerk of the House of Representatives, from the contingent fund of the House”. 1992—Subsec. (a)(1)(B)(i). Pub. L. 102–496 substituted “the Central Intelligence Agency Retirement Act” for “the Central Intelligence Agency Retirement Act of 1964 for Certain Employees”. Pub. L. 102–378 substituted “multiplied” for “multipled”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2007 Amendment; Transition RulesAmendment by Pub. L. 110–161 effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after Dec. 26, 2007, with transition rules and rights of election, see section 535(e) of Pub. L. 110–161, set out as a note under section 3307 of this title.

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section 1(a)(2) [title III, § 308(i), (j)] of Pub. L. 106–553, set out in a Supreme Court Police Retirement note under section 8331 of this title.

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–261 effective at the beginning of the first pay period that begins after Oct. 17, 1998, and applicable only to an individual who is employed as a nuclear materials courier, as defined by section 8331(27) or 8401(33) of this title, after Oct. 17, 1998, see section 3154(m), (n) of Pub. L. 105–261, set out as a note under section 8331 of this title.

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–496 effective first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as an

Effective Date

note under section 2001 of Title 50, War and National Defense.

Transfer of Functions

Statutory functions, duties, or authority of Chief Administrative Officer of the House of Representatives or Secretary of the Senate as disbursing officers for the Capitol Police transferred to Chief of the Capitol Police, and references in any law or resolution before Feb. 20, 2003, to funds paid or disbursed by Chief Administrative Officer of the House of Representatives and Secretary of the Senate relating to pay and allowances of Capitol Police employees deemed to refer to Chief of the Capitol Police. See section 1907(a) of Title 2, The Congress.

§8423 Government Contributions

Summary

Title 5, §8423

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Transfer of Functions

Citations & Metadata