Civil Service Retirement System and Federal Employees Retirement System; Correcting Miscalculations in Veterans' Pension Act, 20435-20440 [2021-07545]
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20435
Rules and Regulations
Federal Register
Vol. 86, No. 74
Tuesday, April 20, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
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: Final rule.
AGENCY:
The Office of Personnel
Management (OPM) is issuing this final
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: Effective April 20, 2021.
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:
SUMMARY:
Background
On November 5, 2020, OPM issued a
proposed rule at 85 FR 70502 for the
purpose of proposing regulations meant
to implement the provisions of 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,’’ which was
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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
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
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Fmt 4700
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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 part 831 and
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
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
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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 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
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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.
The public comment period on the
proposed rule ended January 4, 2021.
OPM received one written comment
from a private citizen. The commenter
questioned why this rule does not apply
to redeposit miscalculations by OPM.
Having considered the comment, OPM
concluded that it may not adopt the
commenter’s suggestion. Because the
retirement benefits afforded to parties in
this circumstance are permitted by
statute, OPM’s rules implementing those
provisions may not alter the statutory
provisions enacted.
OPM has examined the impact of this
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 rule is not a ‘‘significant
regulatory action,’’ under Executive
Order 12866.
Regulatory Flexibility Act
The Office of Personnel Management
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities.
Federalism
Paperwork Reduction Act
This rule does not impose any new
reporting or record-keeping
requirements subject to the Paperwork
Reduction Act.
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 amends 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 rule in
accordance with Executive Order 13132,
Federalism, and have determined that
this 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 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
Frm 00002
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 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).
List of Subjects
Regulatory Impact Analysis
PO 00000
Unfunded Mandates Reform Act of
1995.
Fmt 4700
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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. 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
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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 (5 U.S.C. 101).
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 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 Volunteers in Service to
America (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.
*
*
*
*
*
(c)(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
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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
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.
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20437
(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 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
42, United States Code, concerning
CSRS retirement service credit
eligibility for Volunteers in Service 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.
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(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.
§ 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.
§ 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
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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
6. 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. 842.304 and 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
PO 00000
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Fmt 4700
Sfmt 4700
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 (5 U.S.C. 101).
Subpart C—Credit for Service
7. 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
Volunteers in Serviced to America
(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.
■ 8. 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.
■ 9. Add subpart K to read as follows:
Subpart K—Peace Corps
Sec.
842.1101 Purpose.
842.1102 Allowable service.
842.1103 Deposits for service.
842.1104 Additional interest due to
administrative error.
§ 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
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Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Rules and Regulations
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.
§ 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.
§ 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
VerDate Sep<11>2014
15:56 Apr 19, 2021
Jkt 253001
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).
■ 10. Add subpart L 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.
(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
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
20439
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.
§ 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
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.
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20APR1
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Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Rules and Regulations
(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. 2021–07545 Filed 4–19–21; 8:45 am]
BILLING CODE 6325–38–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0307; Project
Identifier AD–2021–00407–T; Amendment
39–21513; AD 2021–08–19]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
15:56 Apr 19, 2021
Jkt 253001
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0307; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
final rule, any comments received, and
other information. The street address for
the Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Brandon Lucero, Aerospace Engineer,
Cabin Safety and Environmental
Systems Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: 206–
231–3569; email: Brandon.Lucero@
faa.gov.
The FAA issued AD 2021–02–19,
Amendment 39–21402 (86 FR 10171,
February 19, 2021) (AD 2021–02–19),
for certain Boeing Model 787–8, –9, and
–10 airplanes. AD 2021–02–19 required
repetitive general visual inspections for
disengaged or damaged decompression
panels of the bilge barriers located in
the forward and aft cargo compartments,
reinstallation of disengaged but
undamaged panels, and replacement of
damaged panels. AD 2021–02–19 was
prompted by reports of multiple
incidents of torn decompression panels
found in the bilge area. The FAA issued
AD 2021–02–19 to address the
possibility of leakage in the bilge area,
which could, in the event of a cargo fire,
result in insufficient Halon
concentrations to adequately control the
fire. This condition, if not addressed,
could result in the loss of continued safe
flight and landing of the airplane.
Actions Since AD 2021–02–19 Was
Issued
Since the FAA issued AD 2021–02–
19, the agency received new information
indicating that additional airplanes may
be subject to the unsafe condition. The
applicability of AD 2021–02–19 was
limited to airplanes having bilge
assemblies with certain decompression
panels. Certain other decompression
panels were inadvertently omitted from
the applicability. The FAA determined
that all of the decompression panel part
numbers may be subject to damage
(tearing) or becoming disengaged.
FAA’s Determination
The FAA is issuing this AD because
the agency determined the unsafe
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
condition described previously is likely
to exist or develop in other products of
the same type design.
AD Requirements
This AD retains all requirements of
AD 2021–02–19 and revises the
applicability to include all Model 787–
8, –9, and –10 airplanes.
Explanation of Serviceable Part
This AD requires replacing damaged
decompression panels with new or
serviceable parts. For purposes of this
AD, a serviceable part is airworthy and
eligible for installation. While the part
does not need to be new, it must
conform to type design and be in
condition for safe operation. A
decompression panel repaired using an
approved maintenance program is
considered serviceable.
MEL Provision
Background
The FAA is superseding
Airworthiness Directive (AD) 2021–02–
19, which applied to certain The Boeing
Company Model 787–8, –9, and –10
airplanes. AD 2021–02–19 required
repetitive general visual inspections for
disengaged or damaged decompression
panels of the bilge barriers located in
the forward and aft cargo compartments,
reinstallation of disengaged but
undamaged panels, and replacement of
damaged panels. This AD was prompted
by reports of multiple incidents of torn
decompression panels found in the bilge
area, and the determination that
additional airplanes are subject to the
unsafe condition. This AD retains the
requirements of AD 2021–02–19 and
revises the applicability by including
additional airplanes. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective May 5, 2021.
The FAA must receive comments on
this AD by June 4, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
VerDate Sep<11>2014
Examining the AD Docket
SUPPLEMENTARY INFORMATION:
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY:
p.m., Monday through Friday, except
Federal holidays.
Paragraph (h) of this AD specifies that
if any decompression panel is
disengaged or damaged, the airplane
may be operated as specified in the
operator’s existing FAA-approved
minimum equipment list (MEL),
provided provisions that address the
damaged or disengaged decompression
panels are included in the MEL.
Explanation of Revised Repetitive
Interval
The repetitive inspection interval
required by AD 2021–02–19 was 120
days. This repetitive interval has been
changed in this AD to 4 calendar
months to better align the interval with
routine operator maintenance
scheduling. This change will continue
to provide an adequate level of safety.
Interim Action
The FAA considers this AD to be an
interim action. The manufacturer is
currently developing a modification that
will address the unsafe condition
identified in this AD. Once this
modification is developed, approved,
and available, the FAA might consider
additional rulemaking.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
E:\FR\FM\20APR1.SGM
20APR1
]]>Agencies
[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Rules and Regulations]
[Pages 20435-20440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07545]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / Rules
and Regulations
[[Page 20435]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing this final
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: Effective April 20, 2021.
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
On November 5, 2020, OPM issued a proposed rule at 85 FR 70502 for
the purpose of proposing regulations meant to implement the provisions
of 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,'' which 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
part 831 and 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 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
[[Page 20436]]
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 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.
The public comment period on the proposed rule ended January 4,
2021. OPM received one written comment from a private citizen. The
commenter questioned why this rule does not apply to redeposit
miscalculations by OPM. Having considered the comment, OPM concluded
that it may not adopt the commenter's suggestion. Because the
retirement benefits afforded to parties in this circumstance are
permitted by statute, OPM's rules implementing those provisions may not
alter the statutory provisions enacted.
Regulatory Impact Analysis
OPM has examined the impact of this 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 rule
is not a ``significant regulatory action,'' under Executive Order
12866.
Regulatory Flexibility Act
The Office of Personnel Management certifies that this rule will
not have a significant economic impact on a substantial number of small
entities.
Federalism
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this 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 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 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 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 amends 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. 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
[[Page 20437]]
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 (5 U.S.C. 101).
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 Volunteers in Service to America (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)(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 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 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 42, United States
Code, concerning CSRS retirement service credit eligibility for
Volunteers in Service 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.
[[Page 20438]]
(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
6. 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. 842.304 and 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 (5 U.S.C. 101).
Subpart C--Credit for Service
0
7. 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 Volunteers in
Serviced to America (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
8. 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
9. Add subpart K to read as follows:
Subpart K--Peace Corps
Sec.
842.1101 Purpose.
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
[[Page 20439]]
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
10. Add subpart L 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 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.
[[Page 20440]]
(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. 2021-07545 Filed 4-19-21; 8:45 am]
BILLING CODE 6325-38-P
