Civil Service Retirement System and Federal Employees Retirement System; Correcting Miscalculations in Veterans' Pension Act, 70502-70507 [2020-24034]
Download as PDF
<![CDATA[
70502
Proposed Rules
Federal Register
Vol. 85, No. 215
Thursday, November 5, 2020
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 831 and 842
RIN 3206–AO07
Civil Service Retirement System and
Federal Employees Retirement
System; Correcting Miscalculations in
Veterans’ Pension Act
Office of Personnel
Management.
ACTION: Proposed rule.
AGENCY:
The Office of Personnel
Management (OPM) is issuing this
proposed rule to implement the
provisions of the ‘‘Correcting
Miscalculations in Veterans’ Pensions
Act.’’ This Act provides authority for
agencies and OPM to pay, at their
discretion, interest on certain deposits
(post-1956 military service deposits and
service credit deposits for voluntary
service with the Peace Corps and
Volunteers in Service to America
(VISTA)) when additional interest is
assessed due to administrative error.
Agencies need to establish their own
guidelines for waiver, subject to funding
limitations that may prevent
reimbursement by the agency. These
regulations also pertain to payments
made by OPM with regard to service
credit deposits for volunteer service.
DATES: We must receive your comments
by January 4, 2021.
ADDRESSES: You may submit comments
identified by docket number and/or
Regulatory Information Number (RIN)
and title, by either of the following
methods:
• Electronic: Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the instructions for submitting
comments.
All submissions received must
include the agency name and docket
number or RIN for this document. The
general policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing at https://
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:49 Nov 04, 2020
Jkt 253001
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: Jane
Bancroft, (202) 606–0299, Email:
Comboxinternet@opm.gov. Include
Docket No. or RIN in the subject line of
the email.
SUPPLEMENTARY INFORMATION:
Background
Public Law 115–352, 132 Stat. 5067
(2018) (codified at 5 U.S.C. 101), also
known as the ‘‘Correcting
Miscalculations in Veterans’ Pensions
Act,’’ was enacted on December 21,
2018. Under this law, if an employing
agency makes an administrative error in
processing certain annuity deposits for
post-1956 military service or certain
volunteer service with the Peace Corps
or Volunteers in Service to America
(VISTA), the employing agency, or OPM
in certain situations, may, at its
discretion, pay on behalf of the
employee any additional interest
assessed due to its administrative error.
Agencies are responsible for
establishing their own guidelines for
what constitutes administrative error
and whether a payment is made. OPM
has no role or authority in the agency’s
decision. Also, OPM is responsible for
establishing its own guidelines for what
constitutes administrative error and
whether a payment is made.
Employees covered under the Civil
Service Retirement System (CSRS) or
the Federal Employees Retirement
System (FERS) with post-1956 military
service may pay a deposit plus interest
to their employing agency for post-1956
military service. Payment of the deposit
guarantees that the employee and
survivors will continue to receive
retirement credit for the post-1956
military service, regardless of
entitlement to Social Security benefits at
age 62. Interest on deposits for post1956 military service accrues and
compounds annually after a 2-year
interest-free grace period after the
individual first becomes an employee or
Member.
Deposits for post-1956 military
service are paid to the employing
agency. The employing agency is
responsible for counseling the employee
regarding paying the deposit and the
consequences of not paying the deposit,
processing the application, calculating
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
the deposit amount, billing the
employee, and collecting the payment.
Administrative error by the agency may
result in an increase in the amount of
interest due. If the administrative error
results in an increase in interest due,
then the employing agency may, at its
discretion, pay on behalf of the
employee any additional interest
assessed due to its administrative error.
After a CSRS or FERS employee’s
retirement, OPM has a responsibility to
ensure that retirement documents are
not in conflict regarding payment of the
deposit for post-1956 military service. If
there is conflict, then it is OPM’s
responsibility to resolve the deposit
status with the agency. If the retiring
employee’s statements on the
application are in conflict with the
agency’s certification of service or any
other documents submitted by the
agency regarding payment of the deposit
for post-1956 military service, then it is
OPM’s responsibility to resolve the
deposit status with the retiring
employee. Administrative error by OPM
may result in an increase in the amount
of interest due. If additional interest was
assessed due to administrative error on
OPM’s part, then OPM may pay on
behalf of the employee any additional
interest assessed due to its
administrative error.
Full-time volunteer service as a
volunteer or volunteer leader with the
Peace Corps or VISTA that was
performed at any time before separation
from federal civilian service is generally
creditable under CSRS or FERS with
payment of a service credit deposit.
Though considered civilian service, the
treatment of Peace Corps and VISTA
volunteer service is similar to that of
military service (see 5 CFR 831, 842.307
and 842.308) in that the credit is tied to
eligibility for Social Security benefits.
Payment of the deposit guarantees that
the employee and survivors will
continue to receive retirement credit for
the volunteer service, regardless of
entitlement to Social Security benefits.
Like the calculation of interest for
military deposits, the interest on
deposits for volunteer service accrues
and compounds annually after a 2-year
interest-free grace period. For both
current and former employees, interest
begins to accrue on deposits for
volunteer service on October 1, 1995, or
2 years after the date on which the
E:\FR\FM\05NOP1.SGM
05NOP1
khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Proposed Rules
individual first becomes an employee or
Member, whichever is later.
Deposits for Peace Corps and VISTA
volunteer service are paid directly to
OPM. The employing agency is
responsible for counseling the employee
regarding the deposit, and for verifying
the earnings. OPM is responsible for
processing the service credit deposit
application, calculating the deposit,
billing the employee, and collecting the
payment.
The decision to pay or not pay
interest due to its administrative error
on a deposit for post-1956 military
service is made by the employing
agency or OPM, depending on who is
making the administrative error
determination. The decision to pay or
not pay interest due to its administrative
error for a service credit deposit for
Peace Corps/VISTA volunteer service is
up to the employing agency or OPM,
whichever agency is making the
decision regarding administrative error.
OPM has no role or authority in another
agency’s decision.
Currently, employees interested in
making service credit deposits for Peace
Corps or VISTA volunteer service
submit the service credit application to
the employing agency for development
and review. The agency then forwards
the application to OPM for processing
and billing. The employee pays the
service credit deposit amount directly to
OPM. This process will not change due
to the implementation of Public Law
115–352. Since both the agency and
OPM have a role in processing service
credit deposits for Peace Corps or
VISTA volunteer service, either the
employing agency or OPM could make
an administrative error. If an
administrative error results in an
increase in interest due, then the
employing agency or OPM, may, at its
discretion, pay on behalf of the
employee any additional interest
assessed due to its administrative error.
Public Law 115–352 specifies that if
an employing agency makes an
administrative error in processing
deposits for post-1956 military service
or full-time volunteer service as a
volunteer or volunteer leader with the
Peace Corps or VISTA that increases the
amount of interest owed on the deposit,
the employing agency or OPM (as
described above) may pay on behalf of
the employee any additional interest
assessed due to the administrative error.
Agencies are responsible for
establishing their own guidelines for
what constitutes administrative error
and whether a payment is made. OPM
has no role or authority in the decision.
Public Law 115–352 also provides
that, for volunteer service deposits, if
VerDate Sep<11>2014
18:49 Nov 04, 2020
Jkt 253001
the administrative error is committed by
OPM, then OPM may pay on behalf of
the employee any additional interest
assessed due to the administrative error.
Any payment of additional interest
OPM may make on behalf of the
employee is paid from the Civil Service
Retirement and Disability Fund.
This proposed rule is necessary to
implement the authority so the
employing agency or OPM, on behalf of
an employee, may make interest
payments on interest accrued due to
administrative error. Until this
legislation, there was no authority to
permit payment by an agency or OPM
of interest that accrued due to its
administrative error. The burden to pay
the additional interest was on the
employee. This legislation should be an
incentive for agencies and OPM to
perform better and, therefore, result in
fewer findings of administrative error.
Regulatory Impact Analysis
OPM has examined the impact of this
proposed rule as required by Executive
Order 12866 and Executive Order
13563, which directs agencies to assess
all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public, health, and
safety effects, distributive impacts, and
equity. This proposed rule is not a
‘‘significant regulatory action,’’ under
Executive Order 12866.
Reducing Regulation and Controlling
Regulatory Costs
This proposed rule is not an
Executive Order 13771 regulatory action
because this proposed rule is not
significant under E.O. 12866.
Regulatory Flexibility Act
The Office of Personnel Management
certifies that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
Federalism
Civil Justice Reform
This regulation meets the applicable
standard set forth in Executive Order
12988.
Frm 00002
Unfunded Mandates Reform Act of
1995
This proposed rule will not result in
the expenditure by state, local, and
tribal governments, in the aggregate, or
by the private sector, of $100 million or
more in any year and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Congressional Review Act
The Congressional Review Act (5
U.S.C. 801 et seq.) requires rules to be
submitted to Congress before taking
effect. OPM will submit to Congress and
the Comptroller General of the United
States a report regarding the issuance of
this proposed rule before its effective
date, as required by 5 U.S.C. 801. This
rule is not a major rule as defined by the
Congressional Review Act (CRA) (5
U.S.C. 804).
Paperwork Reduction Act
This proposed rule does not impose
any new reporting or record-keeping
requirements subject to the Paperwork
Reduction Act.
List of Subjects
5 CFR Part 831
Firefighters, Government employees,
Income taxes, Intergovernmental
relations, Law enforcement officers,
Pensions, Reporting and recordkeeping
requirements, Retirement.
5 CFR Part 842
Air traffic controllers, Alimony,
Firefighters, Law enforcement officers,
Pensions, Retirement.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
For the reasons stated in the
preamble, the Office of Personnel
Management proposes to amend 5 CFR
parts 831 and 842 as follows:
PART 831—RETIREMENT
1. Revise the authority citation for part
831 to read as follows:
■
We have examined this proposed rule
in accordance with Executive Order
13132, Federalism, and have
determined that this proposed rule will
not have any negative impact on the
rights, roles, and responsibilities of
State, local, or tribal governments.
PO 00000
70503
Fmt 4702
Sfmt 4702
Authority: 5 U.S.C. 8347; Sec. 831.102 also
issued under 5 U.S.C. 8334; Sec. 831.106 also
issued under 5 U.S.C. 552a; Sec. 831.108 also
issued under 5 U.S.C. 8336(d)(2); Sec.
831.114 also issued under 5 U.S.C.
8336(d)(2), and Sec. 1313(b)(5) of Pub. L.
107–296, 116 Stat. 2135; Sec. 831.201(b)(1)
also issued under 5 U.S.C. 8347(g); Sec.
831.201(b)(6) also issued under 5 U.S.C.
7701(b)(2); Sec. 831.201(g) also issued under
Secs. 11202(f), 11232(e), and 11246(b) of Pub.
L. 105–33, 111 Stat. 251; Sec. 831.201(g) also
issued under Secs. 7(b) and (e) of Pub. L.
E:\FR\FM\05NOP1.SGM
05NOP1
70504
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Proposed Rules
105–274, 112 Stat. 2419; Sec. 831.201(i) also
issued under Secs. 3 and 7(c) of Pub. L. 105–
274, 112 Stat. 2419; Sec. 831.202 also issued
under Sec. 111 of Pub. L. 99–500, 100 Stat.
1783, and Sec. 111 of Pub. L. 99–591, 100
Stat. 3341–348, and also Sec. 1 of Pub. L.
110–279, 122 Stat. 2602, as amended by Sec.
1(a) of Pub. L. 116–21, 133 Stat. 903; Sec.
831.204 also issued under Sec. 102(e) of Pub.
L. 104–8, 109 Stat. 102, as amended by Sec.
153 of Pub. L. 104–134, 110 Stat. 1321; Sec.
831.205 also issued under Sec. 2207 of Pub.
L. 106–265, 114 Stat. 784; Sec. 831.206 also
issued under Sec. 1622(b) of Pub. L. 104–106,
110 Stat. 515; Sec. 831.301 also issued under
Sec. 2203 of Pub. L. 106–265, 114 Stat. 780;
Sec. 831.303 also issued under 5 U.S.C.
8334(d)(2) and Sec. 2203 of Pub. L. 106–235,
114 Stat. 780; Sec. 831.502 also issued under
5 U.S.C. 8337, and under Sec. 1(3), E.O.
11228, 3 CFR 1965–1965 Comp. p. 317; Sec.
831.663 also issued under 5 U.S.C. 8339(j)
and (k)(2); Secs. 831.663 and 831.664 also
issued under Sec. 11004(c)(2) of Pub. L. 103–
66, 107 Stat. 412; Sec. 831.682 also issued
under Sec. 201(d) of Pub. L. 99–251, 100 Stat.
23; Sec. 831.912 also issued under Sec. 636
of Appendix C to Pub. L. 106–554, 114 Stat.
2763A–164; Subpart P also issued under Sec.
535(d) of Title V of Division E of Pub. L. 110–
161, 121 Stat. 2042; Subpart Q also issued
under 5 U.S.C. 8336a; Subpart V also issued
under 5 U.S.C. 8343a and Sec. 6001 of Pub.
L. 100–203, 101 Stat. 1330–275; Sec.
831.2203 also issued under Sec. 7001(a)(4) of
Pub. L. 101–508, 104 Stat. 1388–328; Pub. L.
115–352, 132 Stat. 5067.
Representatives, or the Secretary of the
Senate will determine if administrative
error occurred.
(2) When an administrative error
occurs by OPM in calculating or
processing a military service deposit,
interest assessed as a result of the
administrative error may be paid by
OPM on behalf of the employee. OPM
will determine if administrative error
occurred. Any payment of additional
interest of behalf of the employee is
paid from the Civil Service Retirement
and Disability Fund.
■ 4. Add Subpart X to part 831 to read
as follows:
Subpart A—Administration and
General Provisions
(a) Service credit deposits are not
allowed for training periods prior to
actual enrollment.
(b) Service credit deposits can only be
made for satisfactory volunteer and
volunteer leader service.
(c) Annuitants enrolling as a
volunteer or volunteer leader are not
deemed reemployed annuitants. Service
as a volunteer or volunteer leader
performed after retiring under a CSRS or
FERS retirement is not creditable
service for retirement purposes.
2. Amend § 831.105 by adding
paragraph (k) to read as follows:
■
§ 831.105
Computation of interest.
*
*
*
*
*
(k) If OPM determines that additional
interest was assessed on a deposit for
full-time volunteer service as a
volunteer or a volunteer leader with the
Peace Corps or VISTA due to its own
administrative error, OPM may pay, on
behalf of the employee, Member, or
annuitant, any additional interest
assessed due to the administrative error.
Subpart U—Deposits for Military
Service
3. Amend § 831.2107 by adding
paragraph (c) to read as follows:
■
§ 831.2107
Payments on deposits.
khammond on DSKJM1Z7X2PROD with PROPOSALS
*
*
*
*
*
(c) Administrative error. (1) When an
administrative error occurs by the
employing agency in calculating or
processing a military service deposit,
interest assessed as a result of the
administrative error may be paid by the
agency, the Clerk of the House of
Representatives, or the Secretary of the
Senate on behalf of the employee. The
agency, Clerk of the House of
VerDate Sep<11>2014
18:49 Nov 04, 2020
Jkt 253001
Subpart X—Peace Corps
Sec.
831.2401 Purpose.
831.2402 Allowable service.
831.2403 Deposits for service.
831.2404 Additional interest due to
administrative error.
§ 831.2401
Purpose.
This subpart contains regulations of
the Office of Personnel Management
(OPM) to supplement chapter 34 of title
22, United States Code, concerning
CSRS retirement service credit
eligibility for satisfactory Peace Corps
volunteer and volunteer leader service.
§ 831.2402
§ 831.2403
Allowable service.
Deposits for service.
(a) An employee or Member subject to
CSRS may make a deposit for volunteer
and volunteer leader service by filing an
application in a form prescribed by
OPM.
(b) The deposit is based upon the
amount of the stipend that was received.
If an educational award was elected in
lieu of the stipend, then the deposit is
based on the amount of the stipend that
would have been received.
(c) An application to make a deposit
is filed with the appropriate office in the
employing agency, or, for Members and
Congressional employees, with the
Secretary of the Senate, or the Clerk of
the House of Representatives, as
appropriate.
(d) Upon receipt and review of the
application from the employee, the
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
agency, Clerk of the House of
Representatives, or Secretary of the
Senate will submit the application to
OPM for processing.
(e) Interest begins to accrue on
deposits for volunteer service on
October 1,1995, or 2 years after the date
on which the individual first becomes
an employee or Member, whichever is
later.
(f) After becoming federally
employed, there is a 2-year interest-free
grace period on Peace Corps volunteer
and volunteer leader service deposits.
After the 2-year period, interest is
accrued and compounded annually at
the variable rate beginning on the date
of the expiration of the 2-year period.
§ 831.2404 Additional interest due to
administrative error.
(a) The employing agency, Clerk of
the House of Representatives, or
Secretary of the Senate, as appropriate,
may pay any additional interest due on
the deposit for volunteer or volunteer
leader service as a result of its
administrative error. OPM may pay any
additional interest due on the deposit
for Peace Corps service as a result of its
administrative error.
(b) The employing agency, Clerk of
the House of Representatives, or
Secretary of the Senate, as appropriate,
shall set their own procedures for
employees or Members to claim there
was administrative error. OPM shall set
its own procedures for claims of
administrative error on its part.
(c) The employing agency, Clerk of
the House of Representatives, or
Secretary of the Senate, as appropriate,
shall determine if administrative error
on its part caused an increase in interest
due on the deposit amount. OPM shall
determine if administrative error on its
part caused an increase in interest due
on the deposit amount.
(d) OPM’s final determination
regarding a claim of administrative error
on its part is not subject to the due
process procedures described in 5
U.S.C. 8461(e).
■ 5. Add subpart Y to part 831 to read
as follows:
Subpart Y—Volunteers in Service to
America (VISTA)
Sec.
831.2501 Purpose.
831.2502 Allowable service.
831.2503 Deposits for service.
831.2504 Additional interest due to
administrative error.
§ 831.2501
Purpose.
This subpart contains regulations of
the Office of Personnel Management
(OPM) to supplement chapter 66, title
E:\FR\FM\05NOP1.SGM
05NOP1
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Proposed Rules
42, United States Code, concerning
CSRS retirement service credit
eligibility for Volunteers in Serviced to
America (VISTA) volunteers.
§ 831.2502
Allowable service.
(a) Service credit deposits are not
allowed for training periods prior to
actual enrollment.
(b) Service credit deposits can only be
made for satisfactory volunteer service.
(c) Annuitants enrolling as VISTA
volunteers are not deemed reemployed
annuitants. Service as a volunteer or
volunteer leader performed after retiring
under a CSRS or FERS retirement is not
creditable serviced for retirement
purposes.
(d) Retirement credit is not allowable
for training period(s) prior to actual
enrollment.
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 831.2503
Deposits for service.
(a) An employee or Member subject to
CSRS may make a deposit for volunteer
service by filing an application in a form
prescribed by OPM.
(b) The deposit is based upon the
amount of the stipend that was received.
If an educational award was elected in
lieu of the stipend, then the deposit is
based on the amount of the stipend that
would have been received.
(c) An application to make a deposit
is filed with the appropriate office in the
employing agency, or, for Members and
Congressional employees, with the
Secretary of the Senate, or the Clerk of
the House of Representatives, as
appropriate.
(d) Upon receipt and review of the
application, the agency, Clerk of the
House of Representatives, or Secretary
of the Senate will submit the
application to OPM for processing.
(e) Interest begins to accrue on
deposits for volunteer service on
October 1,1995, or 2 years after the date
on which the individual first becomes
an employee or Member, whichever is
later.
(f) After becoming federally
employed, there is a 2-year interest-free
grace period on VISTA volunteer service
deposits. After the 2-year period,
interest is accrued and compounded
annually at the variable rate beginning
on the date of the expiration of the 2year period.
(g) A deposit is required in order to
obtain service credit for VISTA
volunteer service for which the
volunteer chose to receive an
educational award in lieu of a stipend.
The deposit is based upon the amount
of the stipend that would have been
received if he/she had elected to receive
the stipend rather than an educational
award.
VerDate Sep<11>2014
18:49 Nov 04, 2020
Jkt 253001
§ 831.2504 Additional interest due to
administrative error.
(a) The employing agency, Clerk of
the House of Representatives, or
Secretary of the Senate, as appropriate,
may pay any additional interest due on
the deposit for volunteer or volunteer
leader service as a result of its
administrative error. OPM may pay any
additional interest due on the deposit
for VISTA service as a result of its
administrative error.
(b) The employing agency, Clerk of
the House of Representatives, or
Secretary of the Senate, as appropriate,
shall set their own procedures for
employees or Members to claim there
was administrative error. OPM shall set
its own procedures for claims of
administrative error on its part.
(c) The employing agency, Clerk of
the House of Representatives, or
Secretary of the Senate, as appropriate,
shall determine if administrative error
on its part caused an increase in interest
due on the deposit amount for their
employees. OPM shall determine if
administrative error on its part caused
an increase in interest due on the
deposit amount.
(d) OPM’s final determination
regarding a claim of administrative error
on its part is not subject to the due
process procedures described in 5
U.S.C. 8461(e).
PART 842—FEDERAL EMPLOYEES
RETIREMENT SYSTEM—BASIC
ANNUITY
1. Revise the authority citation for part
842 to read as follows:
■
Authority: 5 U.S.C. 8461(g); Secs. 842.104
and 842.106 also issued under 5 U.S.C.
8461(n); Sec. 842.104 also issued under Secs.
3 and 7(c) of Pub. L. 105–274, 112 Stat. 2419;
Sec. 842.105 also issued under 5 U.S.C.
8402(c)(1) and 7701(b)(2); Sec. 842.106 also
issued under Sec. 102(e) of Pub. L. 104–8,
109 Stat. 102, as amended by Sec. 153 of Pub.
L. 104–134, 110 Stat. 1321–102; Sec. 842.107
also issued under Secs. 11202(f), 11232(e),
and 11246(b) of Pub. L. 105–33, 111 Stat.
251, and Sec. 7(b) of Pub. L. 105–274, 112
Stat. 2419; Sec. 842.108 also issued under
Sec. 7(e) of Pub. L. 105–274, 112 Stat. 2419;
Sec. 842.109 also issued under Sec. 1622(b)
of Pub. L. 104–106, 110 Stat. 515; Sec.
842.110 also issued under Sec. 111 of Pub.
L. 99–500, 100 Stat. 1783, and Sec. 111 of
Pub. L. 99–591, 100 Stat. 3341–348, and also
Sec. 1 of Pub. L. 110–279, 122 Stat. 2602, as
amended by Sec. 1(a) of Pub. L. 116–21, 133
Stat. 903; Sec. 842.208 also issued under Sec.
535(d) of Title V of Division E of Pub. L. 110–
161, 121 Stat. 2042; Sec. 842.213 also issued
under 5 U.S.C. 8414(b)(1)(B) and Sec.
1313(b)(5) of Pub. L. 107–296, 116 Stat. 2135;
Secs. 842.304and 842.305 also issued under
Sec. 321(f) of Pub. L. 107–228, 116 Stat. 1383,
Secs. 842.604 and 842.611 also issued under
5 U.S.C. 8417; Sec. 842.607 also issued under
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
70505
5 U.S.C. 8416 and 8417; Sec. 842.614 also
issued under 5 U.S.C. 8419; Sec. 842.615 also
issued under 5 U.S.C. 8418; Sec. 842.703 also
issued under Sec. 7001(a)(4) of Pub. L. 101–
508, 104 Stat. 1388; Sec. 842.707 also issued
under Sec. 6001 of Pub. L. 100–203, 101 Stat.
1300; Sec. 842.708 also issued under Sec.
4005 of Pub. L. 101–239, 103 Stat. 2106 and
Sec. 7001 of Pub. L. 101–508, 104 Stat. 1388;
Subpart H also issued under 5 U.S.C. 1104;
Sec. 842.810 also issued under Sec. 636 of
Appendix C to Pub. L. 106–554 at 114 Stat.
2763A–164; Sec. 842.811 also issued under
Sec. 226(c)(2) of Pub. Law 108–176, 117 Stat.
2529; Subpart J also issued under Sec. 535(d)
of Title V of Division E of Pub. L. 110–161,
121 Stat. 2042; Pub. L. 115–352, 132 Stat.
5067.
Subpart C—Credit
2. Amend § 842.305 by adding
paragraph (k) to read as follows:
■
§ 842.305
Deposits for civilian service.
*
*
*
*
*
(k) Administrative error. If OPM
determines that additional interest was
assessed on a deposit for full-time
volunteer service as a volunteer or a
volunteer leader with the Peace Corps or
VISTA due to its own administrative
error, OPM may pay, on behalf of the
employee, Member, or annuitant, any
additional interest assessed due to the
administrative error.
■ 3. Amend § 842.307 by adding
paragraph (e) to read as follows:
§ 842.307
Deposits for military service.
*
*
*
*
*
(e) Administrative error. (1) When an
administrative error occurs by the
employing Agency in calculating or
processing a military service deposit,
interest assessed as a result of the
administrative error may be paid by the
agency, the Clerk of the House of
Representatives, or the Secretary of the
Senate on behalf of the employee. The
agency, Clerk of the House of
Representatives, or the Secretary of the
Senate will determine if administrative
error occurred.
(2) When an administrative error
occurs by OPM in calculating or
processing a military service deposit,
interest assessed as a result of the
administrative error may be paid by
OPM on behalf of the employee. OPM
will determine if administrative error
occurred. Any payment of additional
interest of behalf of the employee is
paid from the Civil Service Retirement
and Disability Fund.
■ 4. Add subpart K to part 842 to read
as follows:
Subpart K—Peace Corps
Sec.
842.1101
E:\FR\FM\05NOP1.SGM
Purpose.
05NOP1
70506
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Proposed Rules
842.1102 Allowable service.
842.1103 Deposits for service.
842.1104 Additional interest due to
administrative error.
§ 842.1101
§ 842.1104 Additional interest due to
administrative error.
Purpose.
This subpart contains regulations of
the Office of Personnel Management
(OPM) to supplement chapter 34 of title
22, United States Code, concerning
FERS retirement service credit
eligibility for satisfactory Peace Corps
volunteer and volunteer leader service.
§ 842.1102
Allowable service.
(a) Service credit deposits are not
allowed for training periods prior to
actual enrollment.
(b) Service credit deposits can only be
made for satisfactory volunteer and
volunteer leader service.
(c) Annuitants enrolling as a
volunteer or volunteer leader are not to
be deemed reemployed annuitants.
Service as a volunteer or volunteer
leader performed after retiring under a
CSRS or FERS retirement is not
creditable serviced for retirement
purposes.
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 842.1103
Deposits for service.
(a) An employee or Member subject to
FERS may make a deposit for volunteer
and volunteer leader service by filing an
application in a form prescribed by
OPM.
(b) The deposit is based upon the
amount of the stipend that was received.
If an educational award was elected in
lieu of the stipend, then the deposit is
based on the amount of the stipend that
would have been received.
(c) An application to make a deposit
is filed with the appropriate office in the
employing agency, or, for Members and
Congressional employees, with the
Secretary of the Senate, or the Clerk of
the House of Representatives, as
appropriate.
(d) Upon receipt and review of the
application, the agency, Clerk of the
House of Representatives, or Secretary
of the Senate will submit the
application to OPM for processing.
(e) Interest begins to accrue on
deposits for volunteer service on
October 1,1995, or 2 years after the date
on which the individual first becomes
an employee or Member, whichever is
later.
(f) After becoming federally
employed, there is a 2-year interest-free
grace period on Peace Corps volunteer
and volunteer leader service deposits.
After the 2-year period, interest is
accrued and compounded annually at
the variable rate beginning on the date
of the expiration of the 2-year period.
VerDate Sep<11>2014
18:49 Nov 04, 2020
Jkt 253001
(a) The agency, Clerk of the House of
Representatives, or Secretary of the
Senate, as appropriate, may pay any
additional interest due on the deposit
for volunteer or volunteer leader service
as a result of its administrative error.
OPM may pay any additional interest
due on the deposit for Peace Corps
service as a result of its administrative
error.
(b) The agency, Clerk of the House of
Representatives, or Secretary of the
Senate, as appropriate, shall set their
own procedures for employees or
Members to claim there was
administrative error. OPM shall set its
own procedures for claims of
administrative error on its part.
(c) The agency, Clerk of the House of
Representatives, or Secretary of the
Senate, as appropriate, shall determine
if administrative error on its part caused
an increase in interest due on the
deposit amount. OPM shall determine if
administrative error on its part caused
an increase in interest due on the
deposit amount.
(d) OPM’s final determination
regarding a claim of administrative error
on its part is not subject to the due
process procedures described in 5
U.S.C. 8461(e).
■ 5. Add subpart L to part 842 to read
as follows:
Subpart L—Volunteers in Service to
America (VISTA)
Sec.
842.1201 Purpose.
842.1202 Allowable service.
842.1203 Deposits for service.
842.1204 Additional interest due to
administrative error.
§ 842.1201
Purpose.
This subpart contains regulations of
the Office of Personnel Management
(OPM) to supplement chapter 66, title
42, United States Code, concerning
CSRS retirement service credit
eligibility for Volunteers in Serviced to
America (VISTA) volunteers.
§ 842.1202
Allowable service.
(a) Service credit deposits are not
allowed for training periods prior to
actual enrollment.
(b) Service credit deposits can only be
made for satisfactory volunteer service.
(c) Annuitants enrolling as VISTA
volunteers are not deemed reemployed
annuitants. Service as a volunteer or
volunteer leader performed after retiring
under a CSRS or FERS retirement is not
creditable serviced for retirement
purposes.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
(d) Retirement credit is not allowable
for training period(s) prior to actual
enrollment.
§ 842.1203
Deposits for service.
(a) An employee or Member subject to
CSRS may make a deposit for volunteer
service by filing an application in a form
prescribed by OPM.
(b) The deposit is based upon the
amount of the stipend that was received.
If an educational award was elected in
lieu of the stipend, then the deposit is
based on the amount of the stipend that
would have been received.
(c) An application to make a deposit
is filed with the appropriate office in the
employing agency, or, for Members and
Congressional employees, with the
Secretary of the Senate, or the Clerk of
the House of Representatives, as
appropriate.
(d) Upon receipt and review of the
application, the agency, Clerk of the
House of Representatives, or Secretary
of the Senate will submit the
application to OPM for processing.
(e) Interest begins to accrue on
deposits for volunteer service on
October 1,1995, or 2 years after the date
on which the individual first becomes
an employee or Member, whichever is
later.
(f) After becoming federally
employed, there is a 2-year interest-free
grace period on VISTA volunteer service
deposits. After the 2-year period,
interest is accrued and compounded
annually at the variable rate beginning
on the date of the expiration of the 2year period.
(g) A deposit is required in order to
obtain service credit for VISTA
volunteer service for which the
volunteer chose to receive an
educational award in lieu of a stipend.
The deposit is based upon the amount
of the stipend that would have been
received if he/she had elected to receive
the stipend rather than an educational
award.
§ 842.1204 Additional interest due to
administrative error.
(a) The agency, Clerk of the House of
Representatives, or Secretary of the
Senate, as appropriate, may pay any
additional interest due on the deposit
for volunteer or volunteer leader service
as a result of its administrative error.
OPM may pay any additional interest
due on the deposit for VISTA service as
a result of its administrative error.
(b) The agency, Clerk of the House of
Representatives, or Secretary of the
Senate, as appropriate, shall set their
own procedures for employees or
Members to claim there was
administrative error. OPM shall set its
E:\FR\FM\05NOP1.SGM
05NOP1
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Proposed Rules
own procedures for claims of
administrative error on its part.
(c) The agency, Clerk of the House of
Representatives, or Secretary of the
Senate, as appropriate, shall determine
if administrative error on its part caused
an increase in interest due on the
deposit amount. OPM shall determine if
administrative error on its part caused
an increase in interest due on the
deposit amount.
(d) OPM’s final determination
regarding a claim of administrative error
on its part is not subject to the due
process procedures described in 5
U.S.C. 8461(e).
[FR Doc. 2020–24034 Filed 11–4–20; 8:45 am]
BILLING CODE 6325–38–P
confirming receipt, then contact us at
301–415–1677.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemaking and Adjudications Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Ian
Irvin, Office of the General Counsel,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9193; email: 2020_Part_2_
Rulemaking@usnrc.onmicrosoft.com.
SUPPLEMENTARY INFORMATION:
Table of Contents
NUCLEAR REGULATORY
COMMISSION
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Paperwork Reduction Act
10 CFR Part 2
[NRC–2020–0033]
RIN 3150–AK46
I. Obtaining Information and
Submitting Comments
Non-Substantive Amendments to
Adjudicatory Proceeding
Requirements
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its regulations to revise and
clarify the agency’s rules of practice and
procedure to reflect current Atomic
Safety and Licensing Board Panel
practice, Commission case law, and a
decision of the Supreme Court of the
United States and to enhance
consistency within the NRC’s
regulations.
SUMMARY:
Submit comments by December
7, 2020. Comments received after this
date will be considered if it is practical
to do so, but the NRC is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0033. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
khammond on DSKJM1Z7X2PROD with PROPOSALS
DATES:
VerDate Sep<11>2014
18:49 Nov 04, 2020
Jkt 253001
A. Obtaining Information
Please refer to Docket ID NRC–2020–
0033 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0033.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, at
301–415–4737, or by email to
pdr.resource@nrc.gov. The ADAMS
accession number for each document
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in this document.
• Attention: The PDR, where you may
examine and order copies of public
documents is currently closed. You may
submit your request to the PDR via
email at PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
70507
Federal Rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2020–0033 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Rulemaking Procedure
Because the NRC considers this action
to be non-controversial, the NRC is
publishing this proposed rule
concurrently with a direct final rule in
the Rules and Regulations section of this
issue of the Federal Register. The direct
final rule will become effective on
January 19, 2021. However, if the NRC
receives any significant adverse
comments by December 7, 2020, then
the NRC will publish a document that
withdraws the direct final rule. If the
direct final rule is withdrawn, the NRC
will address the comments in a
subsequent final rule. Absent significant
modifications to the proposed revisions
requiring republication, the NRC will
not initiate a second comment period on
this action in the event the direct final
rule is withdrawn.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC to
reevaluate (or reconsider) its position or
conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
E:\FR\FM\05NOP1.SGM
05NOP1
]]>Agencies
[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Proposed Rules]
[Pages 70502-70507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24034]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 /
Proposed Rules
[[Page 70502]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 831 and 842
RIN 3206-AO07
Civil Service Retirement System and Federal Employees Retirement
System; Correcting Miscalculations in Veterans' Pension Act
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing this
proposed rule to implement the provisions of the ``Correcting
Miscalculations in Veterans' Pensions Act.'' This Act provides
authority for agencies and OPM to pay, at their discretion, interest on
certain deposits (post-1956 military service deposits and service
credit deposits for voluntary service with the Peace Corps and
Volunteers in Service to America (VISTA)) when additional interest is
assessed due to administrative error. Agencies need to establish their
own guidelines for waiver, subject to funding limitations that may
prevent reimbursement by the agency. These regulations also pertain to
payments made by OPM with regard to service credit deposits for
volunteer service.
DATES: We must receive your comments by January 4, 2021.
ADDRESSES: You may submit comments identified by docket number and/or
Regulatory Information Number (RIN) and title, by either of the
following methods:
Electronic: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
All submissions received must include the agency name and docket
number or RIN for this document. The general policy for comments and
other submissions from members of the public is to make these
submissions available for public viewing at https://www.regulations.gov
as they are received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Jane Bancroft, (202) 606-0299, Email:
[email protected]. Include Docket No. or RIN in the subject line
of the email.
SUPPLEMENTARY INFORMATION:
Background
Public Law 115-352, 132 Stat. 5067 (2018) (codified at 5 U.S.C.
101), also known as the ``Correcting Miscalculations in Veterans'
Pensions Act,'' was enacted on December 21, 2018. Under this law, if an
employing agency makes an administrative error in processing certain
annuity deposits for post-1956 military service or certain volunteer
service with the Peace Corps or Volunteers in Service to America
(VISTA), the employing agency, or OPM in certain situations, may, at
its discretion, pay on behalf of the employee any additional interest
assessed due to its administrative error.
Agencies are responsible for establishing their own guidelines for
what constitutes administrative error and whether a payment is made.
OPM has no role or authority in the agency's decision. Also, OPM is
responsible for establishing its own guidelines for what constitutes
administrative error and whether a payment is made.
Employees covered under the Civil Service Retirement System (CSRS)
or the Federal Employees Retirement System (FERS) with post-1956
military service may pay a deposit plus interest to their employing
agency for post-1956 military service. Payment of the deposit
guarantees that the employee and survivors will continue to receive
retirement credit for the post-1956 military service, regardless of
entitlement to Social Security benefits at age 62. Interest on deposits
for post-1956 military service accrues and compounds annually after a
2-year interest-free grace period after the individual first becomes an
employee or Member.
Deposits for post-1956 military service are paid to the employing
agency. The employing agency is responsible for counseling the employee
regarding paying the deposit and the consequences of not paying the
deposit, processing the application, calculating the deposit amount,
billing the employee, and collecting the payment. Administrative error
by the agency may result in an increase in the amount of interest due.
If the administrative error results in an increase in interest due,
then the employing agency may, at its discretion, pay on behalf of the
employee any additional interest assessed due to its administrative
error.
After a CSRS or FERS employee's retirement, OPM has a
responsibility to ensure that retirement documents are not in conflict
regarding payment of the deposit for post-1956 military service. If
there is conflict, then it is OPM's responsibility to resolve the
deposit status with the agency. If the retiring employee's statements
on the application are in conflict with the agency's certification of
service or any other documents submitted by the agency regarding
payment of the deposit for post-1956 military service, then it is OPM's
responsibility to resolve the deposit status with the retiring
employee. Administrative error by OPM may result in an increase in the
amount of interest due. If additional interest was assessed due to
administrative error on OPM's part, then OPM may pay on behalf of the
employee any additional interest assessed due to its administrative
error.
Full-time volunteer service as a volunteer or volunteer leader with
the Peace Corps or VISTA that was performed at any time before
separation from federal civilian service is generally creditable under
CSRS or FERS with payment of a service credit deposit. Though
considered civilian service, the treatment of Peace Corps and VISTA
volunteer service is similar to that of military service (see 5 CFR
831, 842.307 and 842.308) in that the credit is tied to eligibility for
Social Security benefits. Payment of the deposit guarantees that the
employee and survivors will continue to receive retirement credit for
the volunteer service, regardless of entitlement to Social Security
benefits. Like the calculation of interest for military deposits, the
interest on deposits for volunteer service accrues and compounds
annually after a 2-year interest-free grace period. For both current
and former employees, interest begins to accrue on deposits for
volunteer service on October 1, 1995, or 2 years after the date on
which the
[[Page 70503]]
individual first becomes an employee or Member, whichever is later.
Deposits for Peace Corps and VISTA volunteer service are paid
directly to OPM. The employing agency is responsible for counseling the
employee regarding the deposit, and for verifying the earnings. OPM is
responsible for processing the service credit deposit application,
calculating the deposit, billing the employee, and collecting the
payment.
The decision to pay or not pay interest due to its administrative
error on a deposit for post-1956 military service is made by the
employing agency or OPM, depending on who is making the administrative
error determination. The decision to pay or not pay interest due to its
administrative error for a service credit deposit for Peace Corps/VISTA
volunteer service is up to the employing agency or OPM, whichever
agency is making the decision regarding administrative error. OPM has
no role or authority in another agency's decision.
Currently, employees interested in making service credit deposits
for Peace Corps or VISTA volunteer service submit the service credit
application to the employing agency for development and review. The
agency then forwards the application to OPM for processing and billing.
The employee pays the service credit deposit amount directly to OPM.
This process will not change due to the implementation of Public Law
115-352. Since both the agency and OPM have a role in processing
service credit deposits for Peace Corps or VISTA volunteer service,
either the employing agency or OPM could make an administrative error.
If an administrative error results in an increase in interest due, then
the employing agency or OPM, may, at its discretion, pay on behalf of
the employee any additional interest assessed due to its administrative
error.
Public Law 115-352 specifies that if an employing agency makes an
administrative error in processing deposits for post-1956 military
service or full-time volunteer service as a volunteer or volunteer
leader with the Peace Corps or VISTA that increases the amount of
interest owed on the deposit, the employing agency or OPM (as described
above) may pay on behalf of the employee any additional interest
assessed due to the administrative error. Agencies are responsible for
establishing their own guidelines for what constitutes administrative
error and whether a payment is made. OPM has no role or authority in
the decision.
Public Law 115-352 also provides that, for volunteer service
deposits, if the administrative error is committed by OPM, then OPM may
pay on behalf of the employee any additional interest assessed due to
the administrative error. Any payment of additional interest OPM may
make on behalf of the employee is paid from the Civil Service
Retirement and Disability Fund.
This proposed rule is necessary to implement the authority so the
employing agency or OPM, on behalf of an employee, may make interest
payments on interest accrued due to administrative error. Until this
legislation, there was no authority to permit payment by an agency or
OPM of interest that accrued due to its administrative error. The
burden to pay the additional interest was on the employee. This
legislation should be an incentive for agencies and OPM to perform
better and, therefore, result in fewer findings of administrative
error.
Regulatory Impact Analysis
OPM has examined the impact of this proposed rule as required by
Executive Order 12866 and Executive Order 13563, which directs agencies
to assess all costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public, health, and safety effects, distributive impacts, and equity.
This proposed rule is not a ``significant regulatory action,'' under
Executive Order 12866.
Reducing Regulation and Controlling Regulatory Costs
This proposed rule is not an Executive Order 13771 regulatory
action because this proposed rule is not significant under E.O. 12866.
Regulatory Flexibility Act
The Office of Personnel Management certifies that this proposed
rule will not have a significant economic impact on a substantial
number of small entities.
Federalism
We have examined this proposed rule in accordance with Executive
Order 13132, Federalism, and have determined that this proposed rule
will not have any negative impact on the rights, roles, and
responsibilities of State, local, or tribal governments.
Civil Justice Reform
This regulation meets the applicable standard set forth in
Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in the expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any year and it will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Congressional Review Act
The Congressional Review Act (5 U.S.C. 801 et seq.) requires rules
to be submitted to Congress before taking effect. OPM will submit to
Congress and the Comptroller General of the United States a report
regarding the issuance of this proposed rule before its effective date,
as required by 5 U.S.C. 801. This rule is not a major rule as defined
by the Congressional Review Act (CRA) (5 U.S.C. 804).
Paperwork Reduction Act
This proposed rule does not impose any new reporting or record-
keeping requirements subject to the Paperwork Reduction Act.
List of Subjects
5 CFR Part 831
Firefighters, Government employees, Income taxes, Intergovernmental
relations, Law enforcement officers, Pensions, Reporting and
recordkeeping requirements, Retirement.
5 CFR Part 842
Air traffic controllers, Alimony, Firefighters, Law enforcement
officers, Pensions, Retirement.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
For the reasons stated in the preamble, the Office of Personnel
Management proposes to amend 5 CFR parts 831 and 842 as follows:
PART 831--RETIREMENT
0
1. Revise the authority citation for part 831 to read as follows:
Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5
U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; Sec.
831.108 also issued under 5 U.S.C. 8336(d)(2); Sec. 831.114 also
issued under 5 U.S.C. 8336(d)(2), and Sec. 1313(b)(5) of Pub. L.
107-296, 116 Stat. 2135; Sec. 831.201(b)(1) also issued under 5
U.S.C. 8347(g); Sec. 831.201(b)(6) also issued under 5 U.S.C.
7701(b)(2); Sec. 831.201(g) also issued under Secs. 11202(f),
11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec.
831.201(g) also issued under Secs. 7(b) and (e) of Pub. L.
[[Page 70504]]
105-274, 112 Stat. 2419; Sec. 831.201(i) also issued under Secs. 3
and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.202 also
issued under Sec. 111 of Pub. L. 99-500, 100 Stat. 1783, and Sec.
111 of Pub. L. 99-591, 100 Stat. 3341-348, and also Sec. 1 of Pub.
L. 110-279, 122 Stat. 2602, as amended by Sec. 1(a) of Pub. L. 116-
21, 133 Stat. 903; Sec. 831.204 also issued under Sec. 102(e) of
Pub. L. 104-8, 109 Stat. 102, as amended by Sec. 153 of Pub. L. 104-
134, 110 Stat. 1321; Sec. 831.205 also issued under Sec. 2207 of
Pub. L. 106-265, 114 Stat. 784; Sec. 831.206 also issued under Sec.
1622(b) of Pub. L. 104-106, 110 Stat. 515; Sec. 831.301 also issued
under Sec. 2203 of Pub. L. 106-265, 114 Stat. 780; Sec. 831.303 also
issued under 5 U.S.C. 8334(d)(2) and Sec. 2203 of Pub. L. 106-235,
114 Stat. 780; Sec. 831.502 also issued under 5 U.S.C. 8337, and
under Sec. 1(3), E.O. 11228, 3 CFR 1965-1965 Comp. p. 317; Sec.
831.663 also issued under 5 U.S.C. 8339(j) and (k)(2); Secs. 831.663
and 831.664 also issued under Sec. 11004(c)(2) of Pub. L. 103-66,
107 Stat. 412; Sec. 831.682 also issued under Sec. 201(d) of Pub. L.
99-251, 100 Stat. 23; Sec. 831.912 also issued under Sec. 636 of
Appendix C to Pub. L. 106-554, 114 Stat. 2763A-164; Subpart P also
issued under Sec. 535(d) of Title V of Division E of Pub. L. 110-
161, 121 Stat. 2042; Subpart Q also issued under 5 U.S.C. 8336a;
Subpart V also issued under 5 U.S.C. 8343a and Sec. 6001 of Pub. L.
100-203, 101 Stat. 1330-275; Sec. 831.2203 also issued under Sec.
7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388-328; Pub. L. 115-352,
132 Stat. 5067.
Subpart A--Administration and General Provisions
0
2. Amend Sec. 831.105 by adding paragraph (k) to read as follows:
Sec. 831.105 Computation of interest.
* * * * *
(k) If OPM determines that additional interest was assessed on a
deposit for full-time volunteer service as a volunteer or a volunteer
leader with the Peace Corps or VISTA due to its own administrative
error, OPM may pay, on behalf of the employee, Member, or annuitant,
any additional interest assessed due to the administrative error.
Subpart U--Deposits for Military Service
0
3. Amend Sec. 831.2107 by adding paragraph (c) to read as follows:
Sec. 831.2107 Payments on deposits.
* * * * *
(c) Administrative error. (1) When an administrative error occurs
by the employing agency in calculating or processing a military service
deposit, interest assessed as a result of the administrative error may
be paid by the agency, the Clerk of the House of Representatives, or
the Secretary of the Senate on behalf of the employee. The agency,
Clerk of the House of Representatives, or the Secretary of the Senate
will determine if administrative error occurred.
(2) When an administrative error occurs by OPM in calculating or
processing a military service deposit, interest assessed as a result of
the administrative error may be paid by OPM on behalf of the employee.
OPM will determine if administrative error occurred. Any payment of
additional interest of behalf of the employee is paid from the Civil
Service Retirement and Disability Fund.
0
4. Add Subpart X to part 831 to read as follows:
Subpart X--Peace Corps
Sec.
831.2401 Purpose.
831.2402 Allowable service.
831.2403 Deposits for service.
831.2404 Additional interest due to administrative error.
Sec. 831.2401 Purpose.
This subpart contains regulations of the Office of Personnel
Management (OPM) to supplement chapter 34 of title 22, United States
Code, concerning CSRS retirement service credit eligibility for
satisfactory Peace Corps volunteer and volunteer leader service.
Sec. 831.2402 Allowable service.
(a) Service credit deposits are not allowed for training periods
prior to actual enrollment.
(b) Service credit deposits can only be made for satisfactory
volunteer and volunteer leader service.
(c) Annuitants enrolling as a volunteer or volunteer leader are not
deemed reemployed annuitants. Service as a volunteer or volunteer
leader performed after retiring under a CSRS or FERS retirement is not
creditable service for retirement purposes.
Sec. 831.2403 Deposits for service.
(a) An employee or Member subject to CSRS may make a deposit for
volunteer and volunteer leader service by filing an application in a
form prescribed by OPM.
(b) The deposit is based upon the amount of the stipend that was
received. If an educational award was elected in lieu of the stipend,
then the deposit is based on the amount of the stipend that would have
been received.
(c) An application to make a deposit is filed with the appropriate
office in the employing agency, or, for Members and Congressional
employees, with the Secretary of the Senate, or the Clerk of the House
of Representatives, as appropriate.
(d) Upon receipt and review of the application from the employee,
the agency, Clerk of the House of Representatives, or Secretary of the
Senate will submit the application to OPM for processing.
(e) Interest begins to accrue on deposits for volunteer service on
October 1,1995, or 2 years after the date on which the individual first
becomes an employee or Member, whichever is later.
(f) After becoming federally employed, there is a 2-year interest-
free grace period on Peace Corps volunteer and volunteer leader service
deposits. After the 2-year period, interest is accrued and compounded
annually at the variable rate beginning on the date of the expiration
of the 2-year period.
Sec. 831.2404 Additional interest due to administrative error.
(a) The employing agency, Clerk of the House of Representatives, or
Secretary of the Senate, as appropriate, may pay any additional
interest due on the deposit for volunteer or volunteer leader service
as a result of its administrative error. OPM may pay any additional
interest due on the deposit for Peace Corps service as a result of its
administrative error.
(b) The employing agency, Clerk of the House of Representatives, or
Secretary of the Senate, as appropriate, shall set their own procedures
for employees or Members to claim there was administrative error. OPM
shall set its own procedures for claims of administrative error on its
part.
(c) The employing agency, Clerk of the House of Representatives, or
Secretary of the Senate, as appropriate, shall determine if
administrative error on its part caused an increase in interest due on
the deposit amount. OPM shall determine if administrative error on its
part caused an increase in interest due on the deposit amount.
(d) OPM's final determination regarding a claim of administrative
error on its part is not subject to the due process procedures
described in 5 U.S.C. 8461(e).
0
5. Add subpart Y to part 831 to read as follows:
Subpart Y--Volunteers in Service to America (VISTA)
Sec.
831.2501 Purpose.
831.2502 Allowable service.
831.2503 Deposits for service.
831.2504 Additional interest due to administrative error.
Sec. 831.2501 Purpose.
This subpart contains regulations of the Office of Personnel
Management (OPM) to supplement chapter 66, title
[[Page 70505]]
42, United States Code, concerning CSRS retirement service credit
eligibility for Volunteers in Serviced to America (VISTA) volunteers.
Sec. 831.2502 Allowable service.
(a) Service credit deposits are not allowed for training periods
prior to actual enrollment.
(b) Service credit deposits can only be made for satisfactory
volunteer service.
(c) Annuitants enrolling as VISTA volunteers are not deemed
reemployed annuitants. Service as a volunteer or volunteer leader
performed after retiring under a CSRS or FERS retirement is not
creditable serviced for retirement purposes.
(d) Retirement credit is not allowable for training period(s) prior
to actual enrollment.
Sec. 831.2503 Deposits for service.
(a) An employee or Member subject to CSRS may make a deposit for
volunteer service by filing an application in a form prescribed by OPM.
(b) The deposit is based upon the amount of the stipend that was
received. If an educational award was elected in lieu of the stipend,
then the deposit is based on the amount of the stipend that would have
been received.
(c) An application to make a deposit is filed with the appropriate
office in the employing agency, or, for Members and Congressional
employees, with the Secretary of the Senate, or the Clerk of the House
of Representatives, as appropriate.
(d) Upon receipt and review of the application, the agency, Clerk
of the House of Representatives, or Secretary of the Senate will submit
the application to OPM for processing.
(e) Interest begins to accrue on deposits for volunteer service on
October 1,1995, or 2 years after the date on which the individual first
becomes an employee or Member, whichever is later.
(f) After becoming federally employed, there is a 2-year interest-
free grace period on VISTA volunteer service deposits. After the 2-year
period, interest is accrued and compounded annually at the variable
rate beginning on the date of the expiration of the 2-year period.
(g) A deposit is required in order to obtain service credit for
VISTA volunteer service for which the volunteer chose to receive an
educational award in lieu of a stipend. The deposit is based upon the
amount of the stipend that would have been received if he/she had
elected to receive the stipend rather than an educational award.
Sec. 831.2504 Additional interest due to administrative error.
(a) The employing agency, Clerk of the House of Representatives, or
Secretary of the Senate, as appropriate, may pay any additional
interest due on the deposit for volunteer or volunteer leader service
as a result of its administrative error. OPM may pay any additional
interest due on the deposit for VISTA service as a result of its
administrative error.
(b) The employing agency, Clerk of the House of Representatives, or
Secretary of the Senate, as appropriate, shall set their own procedures
for employees or Members to claim there was administrative error. OPM
shall set its own procedures for claims of administrative error on its
part.
(c) The employing agency, Clerk of the House of Representatives, or
Secretary of the Senate, as appropriate, shall determine if
administrative error on its part caused an increase in interest due on
the deposit amount for their employees. OPM shall determine if
administrative error on its part caused an increase in interest due on
the deposit amount.
(d) OPM's final determination regarding a claim of administrative
error on its part is not subject to the due process procedures
described in 5 U.S.C. 8461(e).
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY
0
1. Revise the authority citation for part 842 to read as follows:
Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also
issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under Secs.
3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.105 also
issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 842.106 also
issued under Sec. 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended
by Sec. 153 of Pub. L. 104-134, 110 Stat. 1321-102; Sec. 842.107
also issued under Secs. 11202(f), 11232(e), and 11246(b) of Pub. L.
105-33, 111 Stat. 251, and Sec. 7(b) of Pub. L. 105-274, 112 Stat.
2419; Sec. 842.108 also issued under Sec. 7(e) of Pub. L. 105-274,
112 Stat. 2419; Sec. 842.109 also issued under Sec. 1622(b) of Pub.
L. 104-106, 110 Stat. 515; Sec. 842.110 also issued under Sec. 111
of Pub. L. 99-500, 100 Stat. 1783, and Sec. 111 of Pub. L. 99-591,
100 Stat. 3341-348, and also Sec. 1 of Pub. L. 110-279, 122 Stat.
2602, as amended by Sec. 1(a) of Pub. L. 116-21, 133 Stat. 903; Sec.
842.208 also issued under Sec. 535(d) of Title V of Division E of
Pub. L. 110-161, 121 Stat. 2042; Sec. 842.213 also issued under 5
U.S.C. 8414(b)(1)(B) and Sec. 1313(b)(5) of Pub. L. 107-296, 116
Stat. 2135; Secs. 842.304and 842.305 also issued under Sec. 321(f)
of Pub. L. 107-228, 116 Stat. 1383, Secs. 842.604 and 842.611 also
issued under 5 U.S.C. 8417; Sec. 842.607 also issued under 5 U.S.C.
8416 and 8417; Sec. 842.614 also issued under 5 U.S.C. 8419; Sec.
842.615 also issued under 5 U.S.C. 8418; Sec. 842.703 also issued
under Sec. 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388; Sec.
842.707 also issued under Sec. 6001 of Pub. L. 100-203, 101 Stat.
1300; Sec. 842.708 also issued under Sec. 4005 of Pub. L. 101-239,
103 Stat. 2106 and Sec. 7001 of Pub. L. 101-508, 104 Stat. 1388;
Subpart H also issued under 5 U.S.C. 1104; Sec. 842.810 also issued
under Sec. 636 of Appendix C to Pub. L. 106-554 at 114 Stat. 2763A-
164; Sec. 842.811 also issued under Sec. 226(c)(2) of Pub. Law 108-
176, 117 Stat. 2529; Subpart J also issued under Sec. 535(d) of
Title V of Division E of Pub. L. 110-161, 121 Stat. 2042; Pub. L.
115-352, 132 Stat. 5067.
Subpart C--Credit
0
2. Amend Sec. 842.305 by adding paragraph (k) to read as follows:
Sec. 842.305 Deposits for civilian service.
* * * * *
(k) Administrative error. If OPM determines that additional
interest was assessed on a deposit for full-time volunteer service as a
volunteer or a volunteer leader with the Peace Corps or VISTA due to
its own administrative error, OPM may pay, on behalf of the employee,
Member, or annuitant, any additional interest assessed due to the
administrative error.
0
3. Amend Sec. 842.307 by adding paragraph (e) to read as follows:
Sec. 842.307 Deposits for military service.
* * * * *
(e) Administrative error. (1) When an administrative error occurs
by the employing Agency in calculating or processing a military service
deposit, interest assessed as a result of the administrative error may
be paid by the agency, the Clerk of the House of Representatives, or
the Secretary of the Senate on behalf of the employee. The agency,
Clerk of the House of Representatives, or the Secretary of the Senate
will determine if administrative error occurred.
(2) When an administrative error occurs by OPM in calculating or
processing a military service deposit, interest assessed as a result of
the administrative error may be paid by OPM on behalf of the employee.
OPM will determine if administrative error occurred. Any payment of
additional interest of behalf of the employee is paid from the Civil
Service Retirement and Disability Fund.
0
4. Add subpart K to part 842 to read as follows:
Subpart K--Peace Corps
Sec.
842.1101 Purpose.
[[Page 70506]]
842.1102 Allowable service.
842.1103 Deposits for service.
842.1104 Additional interest due to administrative error.
Sec. 842.1101 Purpose.
This subpart contains regulations of the Office of Personnel
Management (OPM) to supplement chapter 34 of title 22, United States
Code, concerning FERS retirement service credit eligibility for
satisfactory Peace Corps volunteer and volunteer leader service.
Sec. 842.1102 Allowable service.
(a) Service credit deposits are not allowed for training periods
prior to actual enrollment.
(b) Service credit deposits can only be made for satisfactory
volunteer and volunteer leader service.
(c) Annuitants enrolling as a volunteer or volunteer leader are not
to be deemed reemployed annuitants. Service as a volunteer or volunteer
leader performed after retiring under a CSRS or FERS retirement is not
creditable serviced for retirement purposes.
Sec. 842.1103 Deposits for service.
(a) An employee or Member subject to FERS may make a deposit for
volunteer and volunteer leader service by filing an application in a
form prescribed by OPM.
(b) The deposit is based upon the amount of the stipend that was
received. If an educational award was elected in lieu of the stipend,
then the deposit is based on the amount of the stipend that would have
been received.
(c) An application to make a deposit is filed with the appropriate
office in the employing agency, or, for Members and Congressional
employees, with the Secretary of the Senate, or the Clerk of the House
of Representatives, as appropriate.
(d) Upon receipt and review of the application, the agency, Clerk
of the House of Representatives, or Secretary of the Senate will submit
the application to OPM for processing.
(e) Interest begins to accrue on deposits for volunteer service on
October 1,1995, or 2 years after the date on which the individual first
becomes an employee or Member, whichever is later.
(f) After becoming federally employed, there is a 2-year interest-
free grace period on Peace Corps volunteer and volunteer leader service
deposits. After the 2-year period, interest is accrued and compounded
annually at the variable rate beginning on the date of the expiration
of the 2-year period.
Sec. 842.1104 Additional interest due to administrative error.
(a) The agency, Clerk of the House of Representatives, or Secretary
of the Senate, as appropriate, may pay any additional interest due on
the deposit for volunteer or volunteer leader service as a result of
its administrative error. OPM may pay any additional interest due on
the deposit for Peace Corps service as a result of its administrative
error.
(b) The agency, Clerk of the House of Representatives, or Secretary
of the Senate, as appropriate, shall set their own procedures for
employees or Members to claim there was administrative error. OPM shall
set its own procedures for claims of administrative error on its part.
(c) The agency, Clerk of the House of Representatives, or Secretary
of the Senate, as appropriate, shall determine if administrative error
on its part caused an increase in interest due on the deposit amount.
OPM shall determine if administrative error on its part caused an
increase in interest due on the deposit amount.
(d) OPM's final determination regarding a claim of administrative
error on its part is not subject to the due process procedures
described in 5 U.S.C. 8461(e).
0
5. Add subpart L to part 842 to read as follows:
Subpart L--Volunteers in Service to America (VISTA)
Sec.
842.1201 Purpose.
842.1202 Allowable service.
842.1203 Deposits for service.
842.1204 Additional interest due to administrative error.
Sec. 842.1201 Purpose.
This subpart contains regulations of the Office of Personnel
Management (OPM) to supplement chapter 66, title 42, United States
Code, concerning CSRS retirement service credit eligibility for
Volunteers in Serviced to America (VISTA) volunteers.
Sec. 842.1202 Allowable service.
(a) Service credit deposits are not allowed for training periods
prior to actual enrollment.
(b) Service credit deposits can only be made for satisfactory
volunteer service.
(c) Annuitants enrolling as VISTA volunteers are not deemed
reemployed annuitants. Service as a volunteer or volunteer leader
performed after retiring under a CSRS or FERS retirement is not
creditable serviced for retirement purposes.
(d) Retirement credit is not allowable for training period(s) prior
to actual enrollment.
Sec. 842.1203 Deposits for service.
(a) An employee or Member subject to CSRS may make a deposit for
volunteer service by filing an application in a form prescribed by OPM.
(b) The deposit is based upon the amount of the stipend that was
received. If an educational award was elected in lieu of the stipend,
then the deposit is based on the amount of the stipend that would have
been received.
(c) An application to make a deposit is filed with the appropriate
office in the employing agency, or, for Members and Congressional
employees, with the Secretary of the Senate, or the Clerk of the House
of Representatives, as appropriate.
(d) Upon receipt and review of the application, the agency, Clerk
of the House of Representatives, or Secretary of the Senate will submit
the application to OPM for processing.
(e) Interest begins to accrue on deposits for volunteer service on
October 1,1995, or 2 years after the date on which the individual first
becomes an employee or Member, whichever is later.
(f) After becoming federally employed, there is a 2-year interest-
free grace period on VISTA volunteer service deposits. After the 2-year
period, interest is accrued and compounded annually at the variable
rate beginning on the date of the expiration of the 2-year period.
(g) A deposit is required in order to obtain service credit for
VISTA volunteer service for which the volunteer chose to receive an
educational award in lieu of a stipend. The deposit is based upon the
amount of the stipend that would have been received if he/she had
elected to receive the stipend rather than an educational award.
Sec. 842.1204 Additional interest due to administrative error.
(a) The agency, Clerk of the House of Representatives, or Secretary
of the Senate, as appropriate, may pay any additional interest due on
the deposit for volunteer or volunteer leader service as a result of
its administrative error. OPM may pay any additional interest due on
the deposit for VISTA service as a result of its administrative error.
(b) The agency, Clerk of the House of Representatives, or Secretary
of the Senate, as appropriate, shall set their own procedures for
employees or Members to claim there was administrative error. OPM shall
set its
[[Page 70507]]
own procedures for claims of administrative error on its part.
(c) The agency, Clerk of the House of Representatives, or Secretary
of the Senate, as appropriate, shall determine if administrative error
on its part caused an increase in interest due on the deposit amount.
OPM shall determine if administrative error on its part caused an
increase in interest due on the deposit amount.
(d) OPM's final determination regarding a claim of administrative
error on its part is not subject to the due process procedures
described in 5 U.S.C. 8461(e).
[FR Doc. 2020-24034 Filed 11-4-20; 8:45 am]
BILLING CODE 6325-38-P
