[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1080 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1080
To provide for the reinstatement or compensation of Federal employees
forced to resign their careers between September 9, 2021, and January
24, 2022, because of the Federal COVID-19 vaccination mandate, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 2023
Mr. Gaetz introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the reinstatement or compensation of Federal employees
forced to resign their careers between September 9, 2021, and January
24, 2022, because of the Federal COVID-19 vaccination mandate, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COVID-19 Federal Employee
Reinstatement Act''.
SEC. 2. REINSTATEMENT OR COMPENSATION FOR IMPACTED EMPLOYEES.
(a) In General.--Each impacted Federal employee, other than an
impacted Federal employee entitled to a payment under subsection (b),
is entitled, in accordance with this Act, to select either--
(1) an appointment to a position in the former employing
agency of such impacted Federal employee that is the same or
similar to the previous Federal position of such impacted
Federal employee and payment in an amount equal to the amount
that such impacted Federal employee would have been paid by
such former employing agency during the period beginning on
September 9, 2021, and ending on the date on which such
impacted Federal employee is so appointed if such impacted
Federal employee had not become an impacted Federal employee;
or
(2) payment in an amount equal to the amount that such
impacted Federal employee would have been paid by the former
employing agency during the period beginning on September 9,
2021, and ending on the date that is 180 days after the date on
which the impacted Federal employee receives the notice
required under section 3(a) if such impacted Federal employee
had not become an impacted Federal employee.
(b) Subsequent Federal Employment.--
(1) In general.--An impacted Federal employee that was
appointed to a new Federal position is entitled to the payments
described in paragraph (2).
(2) Payment described.--The payments described in this
subparagraph are--
(A) a payment in an amount equal to the sum of--
(i) the sum of the difference in pay
between the previous Federal position of the
impacted Federal employee and any new Federal
positions of the impacted Federal employee for
each pay period that the impacted Federal
employee held such new Federal position during
the period beginning on the date on which such
impacted Federal employee became an impacted
Federal employee and ending on the date of the
enactment of this Act; and
(ii) the amount that the impacted Federal
employee would have been paid by the former
employing agency if the impacted Federal
employee had not become an impacted Federal
employee for each period occurring between
September 9, 2021, and the date of the
enactment of this Act in which the impacted
Federal employee did not hold a new Federal
position; and
(B) a payment equal to the sum of the differences
in pay between the previous Federal position of the
impacted Federal employee and any new Federal positions
of the impacted Federal employee during the one-year
period beginning on the date of the enactment of this
Act.
(3) New federal position defined.--In this subsection, the
term ``new Federal position'' means a position in the Federal
Government--
(A) to which the impacted Federal employee was
appointed after becoming an impacted Federal employee;
(B) that is not subject to a vaccination
requirement implemented pursuant to Executive Order
14043; and
(C) for which the pay is or was less than the pay
of the previous Federal position of the impacted
Federal employee.
(c) Payment.--
(1) In general.--The former employing agency of an impacted
Federal employee shall begin making any payment to which such
impacted Federal employee is entitled under this section not
later than 90 days after the pay for each relevant position is
determined in accordance with section 7.
(2) Method.--A payment described in subsection (a) or (b)
shall be paid either in one lump sum or in 12 equal, monthly
payments.
(3) Taxation.--For purposes of the Internal Revenue Code of
1986, any payment to an individual under subsection (a) or (b)
shall be treated as wages paid with respect to the employment
of such individual.
(4) Pay limits.--A payment to an impacted Federal employee
under this section shall be disregarding with respect to any
limit on the pay of employees that is applicable to the
impacted Federal employee.
(d) Reinstatement Impracticable.--If the head of the relevant
employing agency determines that an appointment in accordance with
subsection (a)(1) is impracticable for an impacted Federal employee not
entitled to a payment under subsection (b), such impacted Federal
employee shall only be entitled to select payment under subsection
(a)(2).
(e) Reinstatement.--An appointment under subsection (a)(1) to a
position in the competitive service (as defined in section 2102 of
title 5, United States Code) shall be made without regard to the
provisions of subchapter I of chapter 33 of title 5, United States
Code.
SEC. 3. NOTICE AND SELECTION.
(a) Notice.--Not later than 90 days after the date of the enactment
of this Act, the head of each Executive agency shall notify each
individual that was voluntarily or involuntarily separated from such
Executive employing agency during the period beginning on September 9,
2021, and ending on January 24, 2022, of the rights of impacted Federal
employees under this Act.
(b) Selection.--
(1) In general.--An impacted Federal employee entitled to
make a selection under section 2(a) must notify the former
employing agency of such impacted Federal employee of his or
her selection not later than 90 days after receiving the notice
required by subsection (a).
(2) Forfeiture.--An impacted Federal employee described in
paragraph (1) that does not notify the former employing agency
in accordance with such paragraph shall cease to be entitled to
make a selection under section 2(a).
(3) Agency compliance.--If an impacted Federal employee
selects an appointment and payment under section 2(a)(1), not
later than 90 days after such impacted Federal employee
provides the notice in accordance with paragraph (1), the head
of the former employing agency shall make the appointment
described in section 2(a)(1).
SEC. 4. TREATMENT OF IMPACTED FEDERAL EMPLOYEES.
(a) In General.--Each impacted Federal employee--
(1) is deemed to have been involuntarily separated without
cause from the previous Federal position of such impacted
Federal employee; and
(2) during the five-year period beginning on the date of
the enactment of this Act, shall be entitled to priority
consideration for each appointment to a position in the Federal
Government for which the impacted Federal employee is qualified
if the impacted Federal employee has not been appointed to any
other position in the Federal Government after becoming an
impacted Federal employee that--
(A) was not subject to a vaccination requirement
pursuant to Executive Order 14043; or
(B) is an equal or higher grade than the previous
Federal position of such impacted Federal employee.
(b) Rule of Construction.--Nothing in this section shall be
construed to override the application of veterans preferences under
chapter 33 of title 5, United States Code.
SEC. 5. ANNUITIES.
(a) Reinstated Employees.--
(1) Annuity entitlement.--
(A) In general.--An impacted Federal employee
described in subparagraph (E) is deemed to have
additional service equal to the number of twelfth parts
of a year that is equal to the number of months that
such impacted Federal employee was an impacted Federal
employee prior to an appointment under section 2(a)(1),
including the month in which such impacted Federal
employee became an impacted Federal employee.
(B) Withholdings.--The head of the former employing
agency of an impacted Federal employee described in
subparagraph (E) shall--
(i) if such impacted Federal employee was
subject to chapter 83 of title 5, United States
Code, immediately before becoming an impacted
Federal employee--
(I) withhold from amounts paid to
such impacted Federal employee under
section 2(a)(1) an amount equal to the
amount that such former employing
agency would withhold under subsection
(k) or (a)(1)(A) of section 8334 of
title 5, United States Code, as
applicable, if--
(aa) the amounts paid under
section 2(a)(1) were the total
basic pay of such impacted
Federal employee; and
(bb) such impacted Federal
employee was employed in the
previous Federal position of
such impacted Federal employee;
and
(II) deposit in the Treasury of the
United States to the credit of the Fund
amounts withheld under subclause (I) in
the same manner as amounts withheld
under subsection (k) or (a)(1)(A) of
section 8334 of title 5, United States
Code, as applicable; and
(ii) if such impacted Federal employee was
subject to chapter 84 of title 5, United States
Code, immediately before becoming an impacted
Federal employee--
(I) withhold from amounts paid to
such impacted Federal employee under
section 2(a)(1) an amount equal to the
amount that such former employing
agency would withhold under section
8422(a) of title 5, United States Code,
if--
(aa) the amounts paid under
section 2(a)(1) were the total
basic pay of such impacted
Federal employee; and
(bb) such impacted Federal
employee was employed in the
previous Federal position of
such impacted Federal employee;
and
(II) deposit in the Treasury of the
United States to the credit of the Fund
amounts withheld under subclause (I) in
the same manner as amounts withheld
under section 8422(a) of title 5,
United States Code.
(C) Withholdings credited.--Amounts withheld
under--
(i) subparagraph (B)(i) shall be entered on
individual retirement records under section
8334(f) of title 5, United States Code; and
(ii) subparagraph (B)(ii) shall be entered
on individual retirement records under section
8422(d) of such title.
(D) Government contributions.--
(i) Civil service retirement annuity.--If
the head of the former employing agency
withholds amounts under subparagraph (B)(i),
the head of such former employing agency shall
make contributions in accordance with section
8334(a)(1)(B) of title 5, United States Code,
as if the amounts withheld under subparagraph
(B)(i) are retirement deductions made from the
basic pay of the impacted Federal employee
under subsection (k) or (a)(1)(A) of section
8334 of such title, as applicable.
(ii) Federal employees' retirement
system.--If the head of the former employing
agency withholds amounts under subparagraph
(B)(ii), the head of such former employing
agency shall deposit in the Treasury of the
United States to the credit of the Fund an
amount equal to the amount that the former
employing agency would so deposit under section
8423 of title 5, United States Code, if the
amounts paid under section 2(a)(1) to an
impacted Federal employee described
subparagraph (E) were the basic pay of such
impacted Federal employee and such impacted
Federal employee, at the time of such payment,
was--
(I) at the time of such payment, an
employee of the former employer agency
in the previous Federal position of
such impacted Federal employee; and
(II) subject to section 8422(a) of
title 5, United States Code.
(E) Impacted federal employee described.--An
impacted Federal employee described in this
subparagraph is an impacted Federal employee that--
(i) selects an appointment and payment
under section 2(a)(1);
(ii) as of the date of such selection, has
not received and is not entitled to receive,
and with respect to whose service no other
person has received or is entitled to receive,
a lump-sum payment under either chapter 83 or
84 of title 5, United States Code, other than--
(I) a lump-sum payment under
sections 8343a or 8420a of such title;
or
(II) a lump-sum payment that was
received or to which the entitlement
arose before the date on which such
impacted Federal employee became an
impacted Federal employee; and
(iii) is not otherwise prohibited from
receiving an annuity pursuant to section 8312,
8314, or 8315 of such title.
(2) Previous lump-sum payment.--
(A) In general.--At the time an impacted Federal
employee described in subparagraph (G) selects an
appointment and payment under section 2(a)(1), such
impacted Federal employee may elect to pay to the
Treasury of the United States to the credit of the Fund
an amount equal to--
(i) the amount paid to such impacted
Federal employee under section 8342 or 8424 of
title 5, United States Code, after the impacted
Federal employee became an impacted Federal
employee plus interest; or
(ii) any portion of the amount described in
clause (i) that is greater than zero.
(B) Annuity rights reinstated.--
(i) In general.--An impacted Federal
employee that makes the election and payment
under subparagraph (A)--
(I) shall have restored the annuity
rights of such impacted Federal
employee that were voided by the
receipt of, or becoming entitled to,
the payment of lump-sum credit under
section 8342 or 8424 of title 5, United
States Code, after the impacted Federal
employee became an impacted Federal
employee--
(aa) in full in the case of
a payment in the amount
described in subparagraph
(A)(i); or
(bb) in the case of a
payment described in
subparagraph (A)(ii), in equal
proportion to such payment; and
(II) is deemed to have additional
service equal to the number of twelfth
parts of a year that is equal to the
number of months that such impacted
Federal employee was an impacted
Federal employee prior to an
appointment under section 2(a)(1),
including the month in which such
impacted Federal employee became an
impacted Federal employee.
(ii) Other lump-sum payment recipients.--
Notwithstanding any other provision of law, the
restoration of the rights of an impacted
Federal employee under clause (i) shall not--
(I) reinstate the rights of an
individual under chapter 83 or 84 of
title 5, United States Code, that were
voided or fulfilled by the receipt of
or becoming entitled to a lump-sum
payment under chapter 83 or 84 of title
5, United States Code, other than a
lump-sum payment under section 8343a or
8420a of such title, after the date on
which such impacted Federal employee
became an impacted Federal employee
that was based in full or in part on
the service of such impacted Federal
employee before such date; or
(II) entitle an individual
described in subclause (I) to any other
payment or annuity under chapter 83 or
84 of such title.
(C) Entitlement waiver.--For the purposes of
subparagraph (A), the waiver of a right to the payment
of a lump-sum credit under section 8342 or 8424 of
title 5, United States Code, is deemed to be a payment
to the Treasury of the United States to the credit of
the Fund equal to the amount of such lump-sum credit.
(D) Payment timing.--An impacted Federal employee
that makes the election under subparagraph (A) must
make the payment described in such subparagraph not
later than one year after making such election.
(E) Withholdings and contributions.--Subparagraphs
(B), (C), and (D) of paragraph (1) shall apply with
respect to an impacted Federal employee that makes the
election under subparagraph (A) as if such impacted
Federal employee is an impacted Federal employee
described in paragraph (1)(E).
(F) Decline election.--
(i) In general.--With respect to an
impacted Federal employee described in
subparagraph (H) that declines to make the
election under subparagraph (A), the head of
the former employing agency of such impacted
Federal employee shall withhold from amounts
paid under section 2(a)(1) to such impacted
Federal employee--
(I) if such impacted Federal
employee was subject to chapter 83 of
title 5, United States Code,
immediately before becoming an impacted
Federal employee, an amount equal to
the amount that such former employing
agency would withhold under subsection
(k) or (a)(1)(A) of section 8334 of
such title, as applicable, if--
(aa) the amounts paid under
section 2(a)(1) were basic pay
of such impacted Federal
employee; and
(bb) such impacted Federal
employee was employed in the
previous Federal position of
such impacted Federal employee;
or
(II) if such impacted Federal
employee was subject to chapter 84 of
title 5, United States Code,
immediately before becoming an impacted
Federal employee, an amount equal to
the amount that such former employing
agency would withhold under section
8422(a) of such title if--
(aa) the amounts paid under
section 2(a)(1) were basic pay
of such impacted Federal
employee; and
(bb) such impacted Federal
employee was employed in the
previous Federal position of
such impacted Federal employee.
(ii) Distribution.--An amount withheld
under clause (i)--
(I) in the case of an amount
described in clause (i)(I), is deemed
to be a retirement deduction made from
the basic pay of the impacted Federal
employee under subsection (k) or
(a)(1)(A) of section 8334 of title 5,
United States Code, as applicable, and
shall be paid as a lump-sum credit in
accordance with section 8342 of such
title; and
(II) in the case of an amount
described in clause (i)(II), is deemed
to be a retirement deduction made from
the basic pay of the impacted Federal
employee under section 8422(a) of such
title and shall be paid as a lump-sum
credit in accordance with section 8424
of such title.
(G) Impacted federal employee described.--An
impacted Federal employee described in this
subparagraph is an impacted Federal employee that--
(i) selects an appointment and payment
under section 2(a)(1);
(ii) as of the date of such selection, has
received or is entitled to receive, or with
respect to whose service another person has
received or is entitled to receive, a lump-sum
payment under either chapter 83 or 84 of title
5, United States Code, other than--
(I) a lump-sum payment under
sections 8343a or 8420a of such title;
or
(II) a lump-sum payment that was
received or to which the entitlement
arose before the date on which such
impacted Federal employee became an
impacted Federal employee; and
(iii) is not otherwise prohibited from
receiving an annuity pursuant to section 8312,
8314, or 8315 of such title.
(b) Non-Reinstated Employees.--
(1) Annuity entitlement.--
(A) In general.--An impacted Federal employee
described in subparagraph (E) is deemed to have one
additional year of service.
(B) Withholdings.--The head of the former employing
agency of an impacted Federal employee described in
subparagraph (E) shall--
(i) if such impacted Federal employee was
subject to chapter 83 of title 5, United States
Code, immediately before becoming an impacted
Federal employee--
(I) withhold from amounts paid to
such impacted Federal employee under
subsection (a)(2) or (b) of section 2,
as applicable, an amount equal to the
amount that such former employing
agency would withhold under subsection
(k) or (a)(1)(A) of section 8334 of
title 5, United States Code, as
applicable, if--
(aa) the amounts paid under
subsection (a)(2) or (b) of
section 2, as applicable, were
the total basic pay of such
impacted Federal employee; and
(bb) such impacted Federal
employee was employed in the
previous Federal position of
such impacted Federal employee;
and
(II) deposit in the Treasury of the
United States to the credit of the Fund
amounts withheld under subclause (I) in
the same manner as amounts withheld
under subsection (k) or (a)(1)(A) of
section 8334 of title 5, United States
Code, as applicable; and
(ii) if such impacted Federal employee was
subject to chapter 84 of title 5, United States
Code, immediately before becoming an impacted
Federal employee--
(I) withhold from amounts paid to
such impacted Federal employee under
subsection (a)(2) or (b) of section 2,
as applicable, an amount equal to the
amount that such former employing
agency would withhold under section
8422(a) of title 5, United States Code,
if--
(aa) the amounts paid under
subsection (a)(2) or (b) of
section 2, as applicable, were
the total basic pay of such
impacted Federal employee; and
(bb) such impacted Federal
employee was employed in the
previous Federal position of
such impacted Federal employee;
and
(II) deposit in the Treasury of the
United States to the credit of the Fund
amounts withheld under subclause (I) in
the same manner as amounts withheld
under section 8422(a) of title 5,
United States Code.
(C) Withholdings credited.--Amounts withheld
under--
(i) subparagraph (B)(i) shall be entered on
individual retirement records under section
8334(f) of title 5, United States Code; and
(ii) subparagraph (B)(ii) shall be entered
on individual retirement records under section
8422(d) of such title.
(D) Government contributions.--
(i) Civil service retirement annuity.--If
the head of the former employing agency
withholds amounts under subparagraph (B)(i),
the head of such former employing agency shall
make contributions in accordance with section
8334(a)(1)(B) of title 5, United States Code,
as if the amounts withheld under subparagraph
(B)(i) are retirement deductions made from the
basic pay of the impacted Federal employee
under subsection (k) or (a)(1)(A) of section
8334 of title 5, United States Code, as
applicable.
(ii) Federal employees' retirement
system.--If the head of the former employing
agency withholds amounts under subparagraph
(B)(ii), the head of such former employing
agency shall deposit in the Treasury of the
United States to the credit of the Fund an
amount equal to the amount that the former
employing agency would so deposit under section
8423 of title 5, United States Code, if the
amounts paid under subsection (a)(2) or (b) of
section 2, as applicable, to an impacted
Federal employee described subparagraph (E)
were the basic pay of such impacted Federal
employee and such impacted Federal employee, at
the time of such payment, was--
(I) at the time of such payment, an
employee of the former employer agency
in the previous Federal position of
such impacted Federal employee; and
(II) subject to section 8422(a) of
title 5, United States Code.
(E) Impacted federal employee described.--An
impacted Federal employee described in this
subparagraph is an impacted Federal employee that--
(i) selects payment under section 2(a)(2)
or is entitled to payment under section 2(b);
(ii) as of the date of the enactment of
this Act, has not received and is not entitled
to receive, and with respect to whose service
no other person has received or is entitled to
receive, a lump-sum payment under either
chapter 83 or 84 of title 5, United States
Code, other than--
(I) a lump-sum payment under
sections 8343a or 8420a of such title;
or
(II) a lump-sum payment that was
received or to which the entitlement
arose before the date on which such
impacted Federal employee became an
impacted Federal employee; and
(iii) is not otherwise prohibited from
receiving an annuity pursuant to section 8312,
8314, or 8315 of such title.
(2) Lump-sum credit recipients.--
(A) Lump-sum distribution.--
(i) In general.--The head of the former
employing agency of an impacted Federal
employee described in clause (iii) shall
withhold from amounts paid to such impacted
Federal employee under subsection (a)(2) or (b)
of section 2, as applicable--
(I) if the impacted Federal
employee was subject to chapter 83 of
title 5, United States Code,
immediately before becoming an impacted
Federal employee, an amount equal to
the amount that such former employing
agency would withhold under subsection
(k) or (a)(1)(A) of section 8334 of
such title, as applicable, if--
(aa) the amounts paid under
subsection (a)(2) or (b) of
section 2, as applicable, were
the total basic pay of such
impacted Federal employee; and
(bb) such impacted Federal
employee was employed in the
previous Federal position of
such impacted Federal employee;
or
(II) if the impacted Federal
employee was subject to chapter 84 of
title 5, United States Code,
immediately before becoming an impacted
Federal employee, an amount equal to
the amount that such former employing
agency would withhold under section
8422(a) of such title if--
(aa) the amounts paid under
subsection (a)(2) or (b) of
section 2, as applicable, were
the total basic pay of such
impacted Federal employee; and
(bb) such impacted Federal
employee was employed in the
previous Federal position of
such impacted Federal employee.
(ii) Distribution.--An amount withheld
under clause (i)--
(I) in the case of an amount
described in clause (i)(I), is deemed
to be a retirement deduction made from
the basic pay of the impacted Federal
employee under subsection (k) or
(a)(1)(A) of section 8334 of title 5,
United States Code, as applicable, and
shall be paid as a lump-sum credit in
accordance with section 8342 of such
title; and
(II) in the case of an amount
described in clause (i)(II), is deemed
to be a retirement deduction made from
the basic pay of the impacted Federal
employee under section 8422(a) of such
title and shall be paid as a lump-sum
credit in accordance with section 8424
of such title.
(iii) Impacted federal employee
described.--An impacted Federal employee
described in this clause is an impacted Federal
employee that--
(I) selects payment under section
2(a)(2) or is entitled to payment under
section 2(b);
(II) as of the date of such
selection or becoming so entitled, has
received or is entitled to receive, or
with respect to whose service another
person has received or is entitled to
receive, a lump-sum payment under
either chapter 83 or 84 of title 5,
United States Code, other than--
(aa) a lump-sum payment
under sections 8343a or 8420a
of such title; or
(bb) a lump-sum payment
that was received or to which
the entitlement arose before
the date on which such impacted
Federal employee became an
impacted Federal employee;
(III) is not entitled to an annuity
under either such chapter; and
(IV) as of the date of the
enactment of this Act, does not hold a
position subjecting such impacted
Federal employee to either such
chapter.
(B) Buyback.--
(i) In general.--At the time an impacted
Federal employee described in clause (vi)
selects a payment under section 2(a)(2) or, in
the case of a payment under section 2(b), not
later than 90 days after the impacted Federal
employee is notified of the payment under
section 3, such impacted Federal employee may
elect to pay to the Treasury of the United
States to the credit of the Fund an amount
equal to--
(I) the amount paid to such
impacted Federal employee under section
8342 or 8424 of title 5, United States
Code, after the impacted Federal
employee became an impacted Federal
employee plus interest; or
(II) any portion of the amount
described in clause (i) that is greater
than zero.
(ii) Annuity rights reinstated.--
(I) In general.--An impacted
Federal employee that makes the
election and payment under clause (i)--
(aa) shall have restored
the annuity rights of such
impacted Federal employee that
were voided by the receipt of,
or becoming entitled to, the
payment of a lump-sum credit
under section 8342 or 8424 of
title 5, United States Code,
after such impacted Federal
employee became an impacted
Federal employee--
(AA) in full in the
case of a payment in
the amount described in
clause (i)(I); or
(BB) in the case of
a payment described in
clause (i)(II), in
equal proportion to
such payment; and
(bb) is deemed to have one
additional year of service.
(II) Other lump-sum payment
recipients.--Notwithstanding any other
provision of law, the restoration of
the rights of an impacted Federal
employee under subclause (I) shall
not--
(aa) reinstate the rights
of an individual under chapter
83 or 84 of title 5, United
States Code, that were voided
or fulfilled by the receipt of
or becoming entitled to a lump-
sum payment under chapter 83 or
84 of title 5, United States
Code, other than a lump-sum
payment under section 8343a or
8420a of such title, after the
date on which such impacted
Federal employee became an
impacted Federal employee that
was based in full or in part on
the service of such impacted
Federal employee before such
date; or
(bb) entitle an individual
described in item (aa) to any
other payment or annuity under
chapter 83 or 84 of such title.
(iii) Entitlement waiver.--For the purposes
of clause (i), the waiver of a right to the
payment of a lump-sum credit under section 8342
or 8424 of title 5, United States Code, is
deemed to be a payment to the Treasury of the
United States to the credit of the Fund equal
to the amount of such lump-sum credit.
(iv) Withholdings and government
contributions.--Subparagraphs (B), (C), and (D)
of paragraph (1) shall apply with respect to an
impacted Federal employee who makes the
election described in clause (i) as if such
impacted Federal employee is an impacted
Federal employee described in paragraph (1)(E).
(v) Payment timing.--An impacted Federal
employee that makes the election under clause
(i) must make the payment described in such
clause not later than one year after making
such election.
(vi) Impacted federal employee described.--
An impacted Federal employee described in this
clause is an impacted Federal employee that--
(I) selects payment under section
2(a)(2) or is entitled to payment under
section 2(b);
(II) as of the date of such
selection, has received or is entitled
to receive, or with respect to whose
service another person has received or
is entitled to receive, a lump-sum
payment under either chapter 83 or 84
of title 5, United States Code, other
than--
(aa) a lump-sum payment
under sections 8343a or 8420a
of such title; or
(bb) a lump-sum payment
that was received or to which
the entitlement arose before
the date on which such impacted
Federal employee became an
impacted Federal employee;
(III) is not otherwise prohibited
from receiving an annuity pursuant to
section 8312, 8314, or 8315 of such
title; and
(IV) as of the date of the
enactment of this Act, holds a position
subjecting such impacted Federal
employee to either chapter 83 or 84 of
title 5, United States Code.
(c) Payment and Withholdings Treatment.--
(1) Timing and treatment.--
(A) In general.--Except as provided in subparagraph
(B), for purposes of chapters 83 and 84 of title 5,
United States Code, with respect to an impacted Federal
employee described in paragraph (2), amounts paid to
such impacted Federal employee under section 2(a) shall
be deemed to be the basic pay of such impacted Federal
employee that was earned by such impacted Federal
employee at the time that such impacted Federal
employee would have earned such portion if such
employee had not been separated from the former
employing agency based on a vaccination requirement
implemented at such former employing agency pursuant to
Executive Order 14043.
(B) Concurrent federal employment exclusion.--Any
portion of an amount paid to an impacted Federal
employee under section 2 that is deemed under
subparagraph (A) to have been earned by such impacted
Federal employee at a time during which such impacted
Federal employee held a position subjecting such
impacted Federal employee to either chapter 83 or 84 of
title 5, United States Code, and any amounts paid under
section 2(b) to an impacted Federal employee while such
impacted Federal employee holds such a position shall
not be deemed to be basic pay of the impacted Federal
employee for the purposes of calculating the average
pay of the impacted Federal employee under either such
chapter.
(C) Average pay defined.--For the purposes of this
paragraph, the term ``average pay''--
(i) with respect to chapter 83 of title 5,
United States Code, has the meaning given such
term under section 8331 of such title; and
(ii) with respect to chapter 84 of such
title, has the meaning given such term under
section 8401 of such title.
(2) Impacted federal employees described.--An impacted
Federal employee described in this paragraph is an impacted
Federal employee--
(A)(i) that makes the selection described in
section 2(a)(1); and
(ii) is either--
(I) deemed to have additional service under
subsection (a)(1); or
(II) makes the election described in
subsection (a)(2)(A);
(B)(i) that makes the selection described in
section 2(a)(2); and
(ii) is either--
(I) deemed to have additional service under
subsection (b)(1); or
(II) employed in a position subjecting such
impacted Federal employee to either chapter 83
or 84 of title 5, United States Code, and makes
the election described in paragraph
(b)(2)(B)(i);
(C) with respect to whose service another
individual--
(i) is entitled to an annuity under chapter
83 or 84 of title 5, United States Code; or
(ii) received or is entitled to receive a
lump-sum payment under either such chapter.
(d) Definitions.--In this section--
(1) Fund.--The term ``Fund'' means the Civil Service
Retirement and Disability Fund under section 8348 of title 5,
United States Code.
(2) Lump-sum credit; service.--The terms ``lump-sum
credit'' and ``service''--
(A) with respect to chapter 83 of title 5, United
States Code, have the meanings given such terms under
section 8331 of such title; and
(B) with respect to chapter 84 of such title, have
the meanings given such terms under section 8401 of
such title.
SEC. 6. DECEASED EMPLOYEES.
(a) In General.--An impacted Federal employee entitled to make a
selection under section 2(a) that is deceased prior to making such
selection is deemed to have made the selection described in section
2(a)(2).
(b) Payment.--
(1) Distribution.--The payment to which a deceased impacted
Federal employee is entitled under subsection (b) or subsection
(a)(2) of section 2, less any amounts withheld under section
5(b) pursuant to subsection (c), shall be made to the person or
persons surviving such impacted Federal employee and alive as
of the date such impacted Federal employee becomes entitled to
such payment in the following order of precedence:
(A) First, to the beneficiary or beneficiaries
designated by the impacted Federal employee in a signed
and witnessed writing executed and filed with the
Office of Personnel Management before the death of such
impacted Federal employee, except that a designation,
change, or cancellation of beneficiary in a will or
other document not so executed and filed has no force
or effect.
(B) Second, if there is no designated beneficiary,
to the widow or widower of the impacted Federal
employee.
(C) Third, if none of the above, to the child or
children of the impacted Federal employee and
descendants of deceased children by representation.
(D) Fourth, if none of the above, to the parents of
the impacted Federal employee or the survivor of such
parents.
(E) Fifth, if none of the above, to the duly
appointed executor or administrator of the estate of
the impacted Federal employee.
(F) Sixth, if none of the above, to such other next
of kin of the impacted Federal employee as the Director
of the Office of Personnel Management determines to be
entitled under the laws of the domicile of the impacted
Federal employee at the date of his death.
(2) Child defined.--In this paragraph, the term ``child''
includes a natural child and an adopted child, but does not
include a stepchild.
(c) Annuities.--
(1) Lump-sum payments.--If any individual other than a
deceased impacted Federal employee received a lump-sum payment
under chapter 83 or 84 of title 5, United States Code, other
than a lump-sum payment under section 8343a or 8420a of such
title, after the date on which such impacted Federal employee
became an impacted Federal employee and such lump-sum payment
was based in full or in part on the service of such deceased
impacted Federal employee before such date, such impacted
Federal employee is deemed to be an impacted Federal employee
described in section 5(b)(2)(A)(iii) and to have been subject
to the chapter of title 5 under which such lump-sum payment was
made.
(2) Annuity payments.--If any individual other than a
deceased impacted Federal employee became entitled to an
annuity under chapter 83 or 84 of title 5, United States Code,
after the date on which such impacted Federal employee became
an impacted Federal employee and such entitlement was based in
full or in part on the service of such deceased impacted
Federal employee before such date, such impacted Federal
employee is deemed to be an impacted Federal employee described
in section 5(b)(1)(E) and to have been subject to the chapter
of title 5 under which such individual is entitled to the
annuity.
SEC. 7. PAY DETERMINATION.
(a) In General.--For the purposes of this Act, the Director of the
Office of Personnel Management shall determine the pay for a position
held by an impacted Federal employee based on such evidence of the pay
of such position as the impacted Federal employee may provide, or if
the Director determines sufficient evidence has not been so provided to
adequately determine the pay for such position, the pay shall be
determined by the Director based on such other information as the
Director determines appropriate.
(b) Employee Information.--An impacted Federal employee may provide
evidence of the pay of a position to the Director of the Office of
Personnel Management under subsection (a) until the earlier of--
(1) the date that is six months after the date on which
such impacted Federal employee received the notice described in
section 3(a); or
(2) the date on which the Director determines the pay for
such positions for the purposes of this Act.
(c) Information Sharing.--The head of each Executive agency shall
provide to the Director of the Office of Personnel Management such
information as the Director may require to carry out this Act.
SEC. 8. REGULATORY AUTHORITY.
The Director of the Office of Personnel Management shall implement
such regulations as are necessary to carry out this Act, including such
regulations as are necessary to ensure that, to the extent practicable
and notwithstanding any other provision of law, an impacted Federal
employee that is covered in part or in whole by a retirement system
established for employees of the Government other than those under
chapter 83 or 84 of title 5, United States Code, has the same rights
and benefits under such other retirement system as those provided by
sections 4, 5, and 6 of this Act to an impacted Federal employee
covered in whole by a retirement system under chapter 83 or 84 of such
title with respect to the applicable retirement system under such
chapter 83 or 84.
SEC. 9. STATEMENT OF IMPACTED FEDERAL EMPLOYEE STATUS.
(a) In General.--Not later 90 days after the date on which an
impacted Federal employee receives a notice under section 3(a), the
impacted Federal employee shall submit to the Director of the Office of
Personnel Management and to the head of the former employing agency of
such impacted Federal employee a written statement signed by such
impacted Federal employee stating that such impacted Federal employee
was voluntarily or involuntarily separated from service in an Executive
agency during the period beginning on September 9, 2021, and ending on
January 24, 2022, based on a vaccination requirement implemented at
such Executive agency pursuant to Executive Order 14043.
(b) Exclusion From Benefits.--An impacted Federal employee that
does not submit the statement required under subsection (a) in
accordance with such subsection shall not be entitled to any payment,
appointment, or other benefit under this Act based on the status of
such impacted Federal employee as an impacted Federal employee, and any
amounts paid to such impacted Federal employee under section 2 or 4 or
to any other person under section 6 with respect to such impacted
Federal employee must be repaid to the Government.
(c) Deceased Employees.--This section does not apply with respect
to an impacted Federal employee that is deceased prior to the date that
is 90 days after the date on which such impacted Federal employee
receives a notice under section 3(a).
SEC. 10. DEFINITIONS.
In this Act:
(1) Civil service retirement and disability fund.--The term
``Civil Service Retirement and Disability Fund'' means the
Civil Service Retirement and Disability Fund established under
section 8348 of title 5, United States Code.
(2) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code, except that such term does not include the
Government Accountability Office.
(3) Employee.--The term ``employee'' has the meaning given
such term in section 2105 of title 5, United States Code,
including an employee paid from nonappropriated funds.
(4) Executive order 14043.--The term ``Executive Order
14043'' means Executive Order 14043 (86 Fed. Reg. 50989;
relating to requiring COVID-19 vaccinations for Federal
Employees).
(5) Former employing agency.--With respect to an impacted
Federal employee, the term ``former employing agency'' means
the Executive agency from which the separation of such
individual made such individual an impacted Federal employee.
(6) Impacted federal employee.--The term ``impacted Federal
employee'' means an individual who was voluntarily or
involuntarily separated from service in an Executive agency
during the period beginning on September 9, 2021, and ending on
January 24, 2022, based on a vaccination requirement
implemented at such Executive agency pursuant to Executive
Order 14043.
(7) Previous federal position.--The term ``previous Federal
position'' means the position in the Federal Government held by
the impacted Federal employee in the former employing agency
immediately before becoming an impacted Federal employee.
<all>