US (United States) Code. Title 31. Subtitle VI: Miscellanous. Chapter 95: Government Pension Plan Protection

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance

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-CITE-

31 USC CHAPTER 95 - GOVERNMENT PENSION PLAN PROTECTION 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 95 - GOVERNMENT PENSION PLAN PROTECTION

-HEAD-

CHAPTER 95 - GOVERNMENT PENSION PLAN PROTECTION

-MISC1-

Sec.

9501. Purpose.

9502. Definitions.

9503. Reports about Government pension plans.

9504. Review and recommendations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 10 sections 1464, 1465.

-End-

-CITE-

31 USC Sec. 9501 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 95 - GOVERNMENT PENSION PLAN PROTECTION

-HEAD-

Sec. 9501. Purpose

-STATUTE-

The purpose of this chapter is to protect the interests of the

United States and of the participants and their beneficiaries in

Government pension plans by requiring complete disclosure of the

financial condition of those plans.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1050.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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9501 31:68. Sept. 12, 1950, ch. 946, 64

Stat. 832, Sec. 120; added

Nov. 4, 1978, Pub. L. 95-595,

Sec. 1, 92 Stat. 2541.

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The words "United States" are substituted for "Nation" for

clarity and consistency. The words "and certain other pension

plans" are omitted as unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9504 of this title.

-End-

-CITE-

31 USC Sec. 9502 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 95 - GOVERNMENT PENSION PLAN PROTECTION

-HEAD-

Sec. 9502. Definitions

-STATUTE-

In this chapter -

(1) "Government pension plan" -

(A) means a pension, annuity, retirement, or similar plan

(except a plan covered under the Employee Retirement Income

Security Act of 1974 (29 U.S.C. 1001 et seq.) or a plan or

program financed by contributions required under chapter 21 or

22 of the Internal Revenue Code of 1986 (26 U.S.C. 3101 et

seq., 3201 et seq.)) established or maintained by an agency,

for any of its officers or employees, regardless of the number

of participants covered by the plan; and

(B) includes -

(i) the Civil Service Retirement System.

(ii) the Coast Guard Retirement System.

(iii) the Commissioned Corps of the Public Health Service

Retirement System.

(iv) the Farm Credit District Retirement Plans.

(v) the Federal Home Loan Bank Board Retirement Systems.

(vi) the Federal Home Loan Mortgage Corporation Plan.

(vii) the Federal Reserve Employees Retirement Plans.

(viii) the Foreign Service Retirement and Disability

System.

(ix) judicial plans.

(x) the Military Retirement System.

(xi) the National Oceanic and Atmospheric Administration

Retirement System.

(xii) nonappropriated fund plans.

(xiii) the Tennessee Valley Authority Retirement System.

(2) "plan year" means the calendar, policy, or fiscal year

chosen by the Government pension plan on which the records of the

plan are kept.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1050; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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9502(1) 31:68c. Sept. 12, 1950, ch. 946, 64

Stat. 832, Secs. 123, 124;

added Nov. 4, 1978, Pub. L.

95-595, Sec. 1, 92 Stat. 2542.

9502(2) 31:68d.

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In clause (1), before subclause (A), the word "Federal" is

omitted as unnecessary. In subclause (A), the words "whether or not

such plan is an employee pension benefit plan within the meaning of

section 3(2) of the Employee Retirement Income Security Act of 1974

[29 U.S.C. 1002(2)]" are omitted as surplus. The words "an agency"

are substituted for "Government of the United States, or any agency

or instrumentality thereof" because of section 101 of the revised

title. In subclause (B), before subclause (i), the words "but is

not limited to" are omitted as surplus. The text of 31:68c(b)(words

before colon) is omitted as unnecessary because of the restatement.

In clause (2), 31:68d(1st sentence) is omitted as executed. The

definition in 31:68d(last sentence) is made applicable to the

chapter for clarity because the defined term is used in

9503(a)(1)(B) of the revised title.

-REFTEXT-

REFERENCES IN TEXT

The Employee Retirement Income Security Act of 1974, referred to

in par. (1)(A), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as

amended, which is classified principally to chapter 18 (Sec. 1001

et seq.) of Title 29, Labor. For complete classification of this

Act to the Code, see Short Title note set out under section 1001 of

Title 29 and Tables.

-MISC2-

AMENDMENTS

1986 - Par. (1)(A). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

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31 USC Sec. 9503 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 95 - GOVERNMENT PENSION PLAN PROTECTION

-HEAD-

Sec. 9503. Reports about Government pension plans

-STATUTE-

[(a) Repealed. Pub. L. 105-362, title XV, Sec. 1501(a), Nov. 10,

1998, 112 Stat. 3294.]

(b) This chapter does not prevent a Government pension plan from

using the services of an enrolled actuary employed by an agency

administering the plan.

(c) The requirements of this section are satisfied with respect

to the Thrift Savings Plan described under subchapter III of

chapter 84 of title 5, by preparation and transmission of the

report described under section 8439(b) of such title.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1050; Pub. L. 104-66,

title II, Sec. 2081, Dec. 21, 1995, 109 Stat. 729; Pub. L. 105-362,

title XV, Sec. 1501(a), Nov. 10, 1998, 112 Stat. 3294.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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9503(a) 31:68a(a), (b). Sept. 12, 1950, ch. 946, 64

Stat. 832, Sec. 121; added

Nov. 4, 1978, Pub. L. 95-595,

Sec. 1, 92 Stat. 2541.

9503(b) 31:68a(c).

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In subsection (a), before clause (1), the words "Notwithstanding

any other provision of law or any administrative determination to

the contrary . . . Federal" are omitted as unnecessary. The words

"and each plan described in section 68c(b) of this title" are

omitted as unnecessary because of the restatement. In clause (1),

before subclause (A), the words "required by such section" are

omitted as unnecessary because of the restatement. In subclause

(A), the word "information" is substituted for "information and

data" because it is inclusive and for consistency. In clause (4),

the words "and shall not supersede" are omitted as surplus. In

clause (5), the words "the Comptroller General deems" are omitted

as unnecessary. The words "under section 1023 of title 29" are

omitted as unnecessary because of the restatement.

In subsection (b), the words "This chapter does not prevent" are

substituted for "Nothing in this chapter shall preclude" for

clarity. The words "or agencies" are omitted as unnecessary because

of 1:1.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-362 struck out subsec. (a) which

required Government pension plans to be subject to 29 U.S.C. 1023,

except for officers or employees of the Central Intelligence Agency

unless the President specifically approves application of the

requirements of section 1023 in writing for such officers and

employees.

1995 - Subsec. (c). Pub. L. 104-66 added subsec. (c).

-EXEC-

EX. ORD. NO. 12177. DELEGATION OF FUNCTIONS TO DIRECTOR OF OFFICE

OF MANAGEMENT AND BUDGET AND SECRETARY OF THE TREASURY

Ex. Ord. No. 12177, Dec. 10, 1979, 44 F.R. 71805, provided:

By the authority vested in me as President of the United States

of America by Section 121(a)(1) of the Budget and Accounting

Procedures Act of 1950, as amended (92 Stat. 2541, Public Law

95-595, 31 U.S.C. 68a) [31 U.S.C. 9503] and Section 301 of Title 3

of the United States Code, and in order to provide consistency

among the financial and actuarial statements of Federal Government

pension plans, it is hereby ordered as follows:

1-101. All the functions vested in the President by Section

121(a) of the Budget and Accounting Procedures Act of 1950, as

amended (31 U.S.C. 68a) [31 U.S.C. 9503], are delegated to the

Director of the Office of Management and Budget. The Director may,

from time to time, designate other officers or agencies of the

Federal Government to perform any or all of the functions hereby

delegated to the Director, subject to such instructions,

limitations, and directions as the Director deems appropriate.

1-102. The head of an Executive agency responsible for the

administration of any Federal Government pension plan within the

meaning of Section 123(a) of the Budget and Accounting Procedures

Act of 1950, as amended (31 U.S.C. 68c) [31 U.S.C. 9502(1)], except

subsections (a)(9) and (b), shall ensure that the administrators of

those plans comply with the form, manner, and time of filing as

required by the Director of the Office of Management and Budget.

1-103. Subject to the provisions of Section 1-101 of this Order,

and in the absence of any contrary delegation or direction by the

Director, the Secretary of the Treasury, with respect to the

development of the form and content of the annual reports, shall

perform the functions set forth in Section 121(a) of the Budget and

Accounting Procedures Act of 1950, as amended (31 U.S.C. 68a) [31

U.S.C. 9503]. In performing this function, the Secretary shall also

be responsible for consulting with the Comptroller General.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9504 of this title; title

26 section 7448; title 28 sections 178, 376, 377; title 38 section

7298.

-End-

-CITE-

31 USC Sec. 9504 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE VI - MISCELLANEOUS

CHAPTER 95 - GOVERNMENT PENSION PLAN PROTECTION

-HEAD-

Sec. 9504. Review and recommendations

-STATUTE-

When necessary or when requested by either House of Congress or a

committee of Congress, the Comptroller General shall -

(1) review financial and actuarial statements provided under

section 9503 of this title to decide whether the reporting

requirements of section 9503 are adequate to carry out section

9501 of this title; and

(2) submit to Congress recommendations for legislation

necessary to carry out section 9501 of this title.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1051.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

9504 31:68b. Sept. 12, 1950, ch. 946, 64

Stat. 832, Sec. 122; added

Nov. 4, 1978, Pub. L. 95-595,

Sec. 1, 92 Stat. 2542.

--------------------------------------------------------------------

The word "When" is substituted for "If" in both places as being

more precise. The word "deemed" is omitted as unnecessary because

of the restatement. The words "the General Accounting Office" are

omitted as unnecessary because of the restatement and because the

authority to act is vested in the Comptroller General.

-End-