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United States · Bill · HR

H.R. 3139 (101st)

Portability of Benefits for Nonappropriated Fund Employees Act of 1990

referredUnited States· United States Congress· EN

Introduced

4 August 1989

Last action

Status

Read twice and referred to the Committee on Governmental Affairs.

Sponsors

Subjects

Discovery layer

Source updated

14 January 2025

Summary

Portability of Benefits for Department of Defense Nonappropriated Fund Employees Act of 1989 - Entitles employees of nonappropriated fund instrumentalities of the Department of Defense (DOD) and Coast Guard who transfer, after December 31, 1986, to civil service positions within DOD or the Coast Guard to credit for their service for such instrumentality when computing the length of service to determine: (1) the order of retention in a reduction in force; (2) eligibility for a periodic step increase; and (3) the amount of accrued annual leave. Requires that the annual, sick, and home leave credited to such employees be transferred to the civil service employing agency. Requires such instrumentalities and agencies whose employees have converted to civil service or nonappropriated fund employment positions, respectively, to: (1) pay the agency or instrumentality to which such employees have transferred for the employees' annual leave at their current respective pay rates; and (2) credit such employees with their earned annual leave balance as of the time of such transfer. Provides that the pay rate for employees changing to positions within the civil service system shall be set at a rate which is not less than the employees' existing respective basic pay rates in the nonappropriated fund system and not above the maximum pay for the appropriate grade. Allows the setting of the initial basic pay rate for employees with previous nonappropriated fund experience who change to civil service positions within DOD or the Coast Guard at the minimum rate for the appropriate grade or at a matching rate. Makes employees of nonappropriated fund instrumentalities of DOD or the Coast Guard who make such a transfer eligible to participate in the Federal Employees' Group Life Insurance Program and the Federal Health Benefits Program if they were participating in a nonappropriated fund life insurance program or health benefit plan before such transfer. Allows such employees who participate in a nonappropriated fund instrumentality retirement system and certain DOD and Coast Guard employees subject to the Civil Service or Federal Employees' Retirement Systems and who have made such a conversion, to elect to retain their current retirement coverage. Makes such election: (1) retroactive to the date of the employment change; (2) irrevocable and in effect for all subsequent employment with such instrumentalities or agencies regardless of breaks in service. Prohibits any individuals who failed to retain their current retirement coverage from making a new election based upon a subsequent change in employment. Requires a civil service employee subject to a nonappropriated fund instrumentality retirement system who becomes employed by such an instrumentality under a different retirement system and later again becomes a civil service employee to remain under the retirement system which most recently covered that employee. Prohibits civil service employment of employees who convert to civil service positions and elect to retain their current retirement coverage from being considered as service under the Civil Service and Federal Employees' Retirement Systems.

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7 official files

Reported in House (text)

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