S 261

112th CONGRESS
1st Session

S. 261

To amend chapter 81 of title 5, United States Code, to provide for reform relating to Federal employees workers compensation.

IN THE SENATE OF THE UNITED STATES

February 2, 2011

Ms. COLLINS introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To amend chapter 81 of title 5, United States Code, to provide for reform relating to Federal employees workers compensation.

    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 `Federal Employees' Compensation Reform Act of 2011'.

SEC. 2. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE EMPLOYEES.

    (a) Transition to Retirement-

      (1) IN GENERAL- Chapter 81 of title 5, United States Code, is amended by inserting after section 8106 the following:

`Sec. 8106a. Transition to retirement

    `(a) Definitions- In this section--

      `(1) the term `covered employee' means an employee who--

        `(A) is paid compensation under section 8105 or 8106; and

        `(B) on or after attaining retirement age is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); and

      `(2) the term `retirement age' has the meaning given under section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)).

    `(b) Notwithstanding any other provision of this chapter, the payment of compensation under section 8105 or 8106 to a covered employee shall terminate on the date that the covered employee--

      `(1) attains retirement age and is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); or

      `(2) after attaining retirement age becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity).

    `(c) Not later than 1 year before the date that a covered employee attains retirement age or subsequently becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity), the Secretary of Labor shall provide notice of this section to--

      `(1) the covered employee;

      `(2) the employing agency of that covered employee; and

      `(3) the Office of Personnel Management.

    `(d) The employing agency of a covered employee shall file an application for an annuity with the Office of Personnel Management in accordance with section 8352 or 8471.'.

      (2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8106 the following:

      `Sec. 8106a. Transition to retirement.'.

    (b) Filing of Applications-

      (1) CIVIL SERVICE RETIREMENT SYSTEM-

        (A) IN GENERAL- Chapter 83 of title 5, United States Code, is amended by inserting after section 8351 the following:

`Sec. 8352. Employees transitioning from workers compensation

    `(a) Definition- In this section, the term `covered employee' means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter.

    `(b) Applications- Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management.

    `(c) Regulations- The Office of Personnel Management shall prescribe regulations to carry out this section.'.

        (B) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8351 the following:

      `Sec. 8352. Employees transitioning from workers compensation.'.

      (2) FEDERAL EMPLOYEES RETIREMENT SYSTEM-

        (A) IN GENERAL- Chapter 84 of title 5, United States Code, is amended by inserting after section 8470 the following:

`Sec. 8471. Employees transitioning from workers compensation

    `(a) Definition- In this section, the term `covered employee' means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter.

    `(b) Applications- Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management.

    `(c) Regulations- The Office of Personnel Management shall prescribe regulations to carry out this section.'.

        (B) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8456 the following:

      `Sec. 8471. Employees transitioning from workers compensation.'.

SEC. 3. REGULATIONS.

    Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, after consultation with the Director of the Office of Personnel Management, shall prescribe regulations to carry out this Act.

SEC. 4. EFFECTIVE DATE.

    (a) In General- Except as provided under subsection (b), this Act (including the amendments made by this Act) shall take effect on the date of enactment of this Act.

    (b) Termination of Compensation- Section 8106a(b) of title 5, United States Code, (as added by section 2 of this Act) shall take effect 1 year after the date regulations are prescribed under section 3.

END