[107th Congress Public Law 304]
[From the U.S. Government Printing Office]
[DOCID: f:publ304.107]
[[Page 116 STAT. 2363]]
Public Law 107-304
107th Congress
An Act
To amend title 5, United States Code, to allow certain catch-up
contributions to the Thrift Savings Plan to be made by participants
age <<NOTE: Nov. 27, 2002 - [H.R. 3340]>> 50 or over; to reauthorize
the Merit Systems Protection Board and the Office of Special Counsel;
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. THRIFT SAVINGS PLAN CATCH-UP CONTRIBUTIONS.
(a) Civil Service Retirement System.--Paragraph (2) of section
8351(b) of title 5, United States Code, is amended by adding at the end
the following:
``(C) Notwithstanding any limitation under this paragraph, an
eligible participant (as defined by section 414(v) of the Internal
Revenue Code of 1986) may make such additional contributions to the
Thrift Savings Fund as are permitted by such section 414(v) and
regulations of the Executive Director consistent therewith.''.
(b) Federal Employees' Retirement System.--
(1) Provision applicable to employees generally.--Subsection
(a) of section 8432 of title 5, United States Code, is amended
by adding at the end the following:
``(3) Notwithstanding any limitation under this subsection, an
eligible participant (as defined by section 414(v) of the Internal
Revenue Code of 1986) may make such additional contributions to the
Thrift Savings Fund as are permitted by such section 414(v) and
regulations of the Executive Director consistent therewith.''.
(2) Provision applicable to certain other individuals.--
Section 8440f of title 5, United States Code, is amended--
(A) by striking ``The maximum'' and inserting ``(a)
The maximum''; and
(B) by adding at the end the following:
``(b) Notwithstanding any limitation under this section, an eligible
participant (as defined by section 414(v) of the Internal Revenue Code
of 1986) may make such additional contributions to the Thrift Savings
Fund as are permitted by such section 414(v) and regulations of the
Executive Director consistent therewith.''.
(c) Effective <<NOTE: 5 USC 8351 note.>> Date.--The amendments made
by this section shall take effect as of the earliest practicable date,
as determined by the Executive Director (appointed under section 8474(a)
of title 5, United States Code) in regulations.
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SEC. 2. REAUTHORIZATION OF MERIT SYSTEM PROTECTION BOARD AND OFFICE OF
SPECIAL COUNSEL.
(a) Merit Systems Protection Board.--Section 8(a)(1) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``1998, 1999, 2000, 2001 and 2002'' and inserting ``2003, 2004,
2005, 2006, and 2007''.
(b) Office of Special Counsel.--Section 8(a)(2) of the Whistleblower
Protection Act of 1989 (5 U.S.C. 5509 note) is amended by striking
``1993, 1994, 1995, 1996, and 1997,'' and inserting ``2003, 2004, 2005,
2006, and 2007''.
(c) Effective <<NOTE: 5 USC 5509 note.>> Date.--This section shall
be effective as of October 1, 2002.
SEC. 3. DISCLOSURE OF VIOLATIONS OF LAW; RETURN OF DOCUMENTS.
Section 1213(g) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking the last sentence; and
(2) by striking paragraph (3) and inserting the following:
``(3) If the Special Counsel does not transmit the information to
the head of the agency under paragraph (2), the Special Counsel shall
inform the individual of--
``(A) the reasons why the disclosure may not be further
acted on under this chapter; and
``(B) other offices available for receiving disclosures,
should the individual wish to pursue the matter further.''.
SEC. 4. <<NOTE: 5 USC 8901 note.>> CONTINUATION OF HEALTH BENEFITS
COVERAGE FOR INDIVIDUALS ENROLLED IN A PLAN ADMINISTERED BY
THE OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Enrollment in Chapter 89 Plan.--For purposes of the
administration of chapter 89 of title 5, United States Code, any period
of enrollment under a health benefits plan administered by the Overseas
Private Investment Corporation before the effective date of this Act
shall be deemed to be a period of enrollment in a health benefits plan
under chapter 89 of such title.
(b) Continued Coverage.--
(1) In general.--Any individual who, as of the enrollment
eligibility date, is covered by a health benefits plan
administered by the Overseas Private Investment Corporation may
enroll in an approved health benefits plan described under
section 8903 or 8903a of title 5, United States Code--
(A) either as an individual or for self and family,
if such individual is an employee, annuitant, or former
spouse as defined under section 8901 of such title; and
(B) for coverage effective on and after such date.
(2) Individuals currently under continued coverage.--An
individual who, as of the enrollment eligibility date, is
entitled to continued coverage under a health benefits plan
administered by the Overseas Private Investment Corporation--
(A) shall be deemed to be entitled to continued
coverage under section 8905a of title 5, United States
Code, for the same period that would have been permitted
under the plan administered by the Overseas Private
Investment Corporation; and
(B) may enroll in an approved health benefits plan
described under section 8903 or 8903a of such title in
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accordance with section 8905a of such title for coverage
effective on and after such date.
(3) Unmarried dependent children.--An individual who, as of
the enrollment eligibility date, is covered as an unmarried
dependent child under a health benefits plan administered by the
Overseas Private Investment Corporation and who is not a member
of family as defined under section 8901(5) of title 5, United
States Code--
(A) shall be deemed to be entitled to continued
coverage under section 8905a of such title as though the
individual had ceased to meet the requirements for being
considered an unmarried dependent child under chapter 89
of such title as of such date; and
(B) may enroll in an approved health benefits plan
described under section 8903 or 8903a of such title in
accordance with section 8905a for continued coverage
effective on and after such date.
(c) Transfers to the Employees Health Benefits Fund.--
(1) In general.--The Overseas Private Investment Corporation
shall transfer to the Employees Health Benefits Fund established
under section 8909 of title 5, United States Code, amounts
determined by the Director of the Office of Personnel
Management, after consultation with the Overseas Private
Investment Corporation, to be necessary to reimburse the Fund
for the cost of providing benefits under this section not
otherwise paid for by the individuals covered by this section.
(2) Availability of funds.--The amounts transferred under
paragraph (1) shall be held in the Fund and used by the Office
in addition to amounts available under section 8906(g)(1) of
title 5, United States Code.
(d) Administration and Regulations.--The Office of Personnel
Management--
(1) shall administer this section to provide for--
(A) <<NOTE: Notice.>> a period of notice and open
enrollment for individuals affected by this section; and
(B) no lapse of health coverage for individuals who
enroll in a health benefits plan under chapter 89 of
title 5, United States Code, in accordance with this
section; and
(2) may prescribe regulations to implement this section.
(e) Enrollment Eligibility Date.--For purposes of this section, the
term ``enrollment eligibility date'' means the last day on which
coverage under a health benefits plan administered by the Overseas
Private Investment Corporation is available. Such
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date shall be determined by the Office of Personnel Management in
consultation with the Overseas Private Investment Corporation.
Approved November 27, 2002.
LEGISLATIVE HISTORY--H.R. 3340:
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HOUSE REPORTS: No. 107-686 (Comm. on Government Reform).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Oct. 7, considered and passed House.
Nov. 13, considered and passed Senate.
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