,i #aacth ,,congress #ast ,session ,h4 ,r4 #bf ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjac ,ms4 ,velzquez introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committee on ,house ,administration1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend chapters #hc and #hd of title #e1 ,united ,states ,code1 to provide for the indexation of deferred annuities2 to provide that a survivor annuity be provided to the widow or widower of a former employee who dies after separating from ,government service with title to a deferred annuity under the ,civil ,service ,retirement ,system but before establishing a valid claim therefor1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,deferred ,benefits ,adjustment ,act of #bjac4 #b4 ,indexation of deferred annuities 7a7 ,amendments to subchapter ,,iii of chapter #hc ,section #hcch of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7 by striking 7d7 ,an and inserting 7d7 ,subject to subsection 7e71 an2 and 7#b7 by adding at the end the following3 7e7 7#a7 ,the average pay used in the computation of an annuity authorized by this section shall be equal to the average pay described in section #hcca7d71 increased by the percentage adjustments 7compounded7 in rates of pay of the ,general ,schedule taking effect during the period-- 7,a7 beginning on the day after the date of the separation on which title to annuity is based1 and 7,b7 ending on the day before the commencement date of such annuity4 7#b7 ,in the case of a former employee or ,member who dies after having separated from the service with title to an annuity authorized by this section but before having established a valid claim for such annuity1 the average pay used in the computation of any survivor annuity payable based on the service of such former employee or ,member shall be increased in the manner described in paragraph 7#a71 except that1 in applying subparagraph 7,b7 of paragraph 7#a7 for purposes of this paragraph1 the commencement date of such survivor annuity shall be used instead of the commencement date of the annuity referred to in such subparagraph4 7#c7 ,average pay shall not be increased by reason of any adjustment under this subsection to an amount which exceeds the rate of basic pay that1 as of the day before the commencement date of the annuity or survivor annuity involved1 is payable for the position that was held by the employee or ,member at the time of earning the highest rate of pay taken into account in computing such employee's or ,member's average pay1 as determined under regulations of the ,office4 4 7b7 ,amendment to chapter #hd ,section #hdae of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7n7 7#a7 ,the average pay used in the computation of a deferred annuity under section #hdac shall be equal to the average pay described in section #hdja7c71 increased by the percentage adjustments 7compounded7 in rates of pay of the ,general ,schedule taking effect during the period-- 7,a7 beginning on the day after the date of the separation on which title to annuity is based1 and 7,b7 ending on the day before the commencement date of such annuity4 7#b7 ,in the case of a former employee or ,member who dies after having separated from the service with title to a deferred annuity referred to in paragraph 7#a7 but before having established a valid claim for such annuity1 the average pay used in the computation of any survivor annuity payable based on the service of such former employee or ,member shall be increased in the manner described in paragraph 7#a71 except that1 in applying subparagraph 7,b7 of paragraph 7#a7 for purposes of this paragraph1 the commencement date of such survivor annuity shall be used instead of the commencement date of the annuity referred to in such subparagraph4 7#c7 ,average pay shall not be increased by reason of any adjustment under this subsection to an amount which exceeds the rate of basic pay that1 as of the day before the commencement date of the annuity or survivor annuity involved1 is payable for the position that was held by the employee or ,member at the time of earning the highest rate of pay taken into account in computing such employee's or ,member's average pay1 as determined under regulations of the ,office4 4 7c7 ,amendments relating to individuals becoming subject to ,,fers by election 7#a7 ,computation of a deferred annuity ,paragraph 7#f7 of section #cjb7;a7 of the ,federal ,employees' ,retirement ,system ,act of #aihf 7#e ,u4,s4,c4 #hcca note7 is amended by adding at the end the following3 7,c7 ,in determining average pay under this paragraph for purposes of computing a deferred annuity under section #hdac of such title-- 7i7 the provisions of section #hcch7;e77#a7 and 7#c7 of such title shall apply1 to the extent that such annuity is computed under paragraph 7#d72 and 7ii7 the provisions of section #hdae7n77#a7 and 7#c7 of such title shall apply1 to the extent that such annuity is computed under paragraph 7#e74 4 7#b7 ,computation of a survivor annuity ,paragraph 7#i7 of such section #cjb7;a7 is amended by striking 7#i7 and inserting 7#i77;,a71 and by adding at the end the following3 7,b7 ,in computing an annuity under paragraph 7#c7 for purposes of determining the amount of a survivor annuity under subchapter ,,iv of chapter #hd of title #e1 ,united ,states ,code1 to which the survivor is entitled based on the service of a former employee or ,member who dies in the circumstances described in section #hdae7n77#b7 of such title-- 7i7 paragraph 7#f77;,c77i7 shall apply1 to the extent that such annuity is computed under paragraph 7#d72 and 7ii7 paragraph 7#f77;,c77ii7 shall apply1 to the extent that such annuity is computed under paragraph 7#e74 4 7d7 ,conforming amendments 7#a7 ,section #hcca7aj7 of title #e1 ,united ,states ,code1 is amended by inserting former employee or ,member1 before or annuitant4 7#b7 ,section #hcda7;h77#a7 of title #e1 ,united ,states ,code1 is amended by striking or former ,member who was separated from the service with title to a deferred annuity under section #hcch7;b7 of this title and inserting or former employee or ,member who died after having separated from the service with title to a deferred annuity under section #hcch but before having established a valid claim for annuity14 7#c7 ,clause 7iii7 of section #hcda7;h77#b77;,b7 of title #e1 ,united ,states ,code1 is amended by striking a ,member and inserting an employee or ,member4 #c4 ,amendment to provide that the widow or widower of a deferred annuitant who dies before establishing a valid claim for annuity under ,,csrs shall be eligible for a survivor annuity in the same way as applies currently under ,,fers ,subsection 7f7 of section #hcda of title #e1 ,united ,states ,code1 is amended to read as follows3 7f7 ,if an employee or ,member dies after having separated from the service with title to a deferred annuity under section #hcch but before having established a valid claim for annuity1 and is survived by a widow or widower to whom married on the date of separation1 the widow or widower-- 7#a7 is entitled to an annuity equal to #ee percent of the deferred annuity of the employee or ,member commencing on the day after the employee or ,member dies and terminating on the last day of the month before the widow or widower dies or remarries before age #ee2 or 7#b7 may elect to receive the lump-sum credit instead of annuity if the widow or widower is the individual who would be entitled to the lump-sum credit and files application therefor with the ,office before the award of the annuity4 ,notwithstanding the preceding sentence1 an annuity payable under this subsection to the widow or widower of a former employee or ,member may not exceed the difference between-- 7,a7 the annuity which would otherwise be payable to such widow or widower under this subsection2 and 7,b7 the amount of the survivor annuity payable to any former spouse of such former employee or ,member under subsection 7h74 4 #d4 ,effective dates 7a7 ,amendments ,made by ,section #b 7#a7 ,in general ,the amendments made by section #b shall apply to any annuity or survivor annuity commencing before1 on1 or after the date of the enactment of this ,act1 subject to paragraph 7#b74 7#b7 ,recomputations ,in the case of any individual who is entitled to an annuity or survivor annuity based on a separation from service which occurred before the date of the enactment of this ,act-- 7,a7 such annuity or survivor annuity shall be recomputed to take into account the amendments made by section #b only if application therefor is made within #ab months after the effective date of regulations prescribed by the ,office of ,personnel ,management to carry out such amendments2 and 7,b7 any change in an annuity or survivor annuity resulting from a recomputation under subparagraph 7,a7 shall be effective only with respect to amounts accruing for months beginning on or after the date of the enactment of this ,act4 7b7 ,amendment ,made by ,section #c ,the amendment made by section #c shall take effect as of the date of the enactment of this ,act4 ,upon timely application to the ,office of ,personnel ,management1 such amendment shall also apply to the widow or widower of a former employee or ,member who died before such date of enactment1 except that no amount shall be payable-- 7#a7 for any period beginning before such date of enactment2 or 7#b7 in any case in which all annuity rights under subchapter ,,iii of chapter #hc of title #e1 ,united ,states ,code1 have been voided due to the lump-sum credit having been taken4 7c7 ,savings ,provision ,nothing in section #c shall affect the right of an individual to a survivor annuity1 based on a death occurring on or after the date of the enactment of this ,act1 if such individual would 7upon filing claim therefor7 have been entitled to such annuity had section #c not been enacted4 7d7 ,definitions ,for purposes of this section-- 7#a7 the terms widow and widower have the respective meanings given them by section #hcda of title #e1 ,united ,states ,code2 and 7#b7 the term lump-sum credit has the meaning given such term by section #hcca7h7 of such title4