There is in the Treasury of the United States a Postal Service Retiree Health Benefits Fund which is administered by the Office of Personnel Management.
(b)
The Fund is available without fiscal year limitation for payments required under section 8906(g)(2)(A).
(c)
The Secretary of the Treasury shall immediately invest, in interest-bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. Such investments shall be made in the same manner as investments for the Civil Service Retirement and Disability Fund under section 8348.
(d)(1)
Not later than , and by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the amount (if any) that Government contributions required to be paid from the Fund under section 8906(g)(2)(A) exceeded the estimated net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A).
(2)
Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the amount (if any) of the excess computed under such paragraph.
the net present value of the future net claims costs with respect to—
(A)
current annuitants of the United States Postal Service as of the end of the fiscal year ending on September 30 of the relevant reporting year; and
(B)
current employees of the United States Postal Service who would, as of September 30 of that year—
(i)
be eligible to become annuitants pursuant to section 8901(3)(A)(i) or (ii); and
(ii)
if they were retired as of that date, meet the criteria for coverage of annuitants under section 8905(b);
(2)
economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and
(3)
any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate.
(f)
After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection.
(g)
For purposes of this section, the term “estimated net claims costs” shall mean the difference between—
(1)
the sum of—
(A)
the estimated costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants; and
(B)
an amount of indirect expenses reasonably allocable to the provision, payment, or reimbursement described in subparagraph (A), as determined by the Office; and
(2)
the amount withheld from the annuity of or paid by annuitants of the United States Postal Service under section 8906.
Pub. L. 117–108, § 102(b)(1)Subsecs. (d) to (g). , added subsecs. (d) to (g) and struck out former subsec. (d) which related to various computations of net present value of future payments, payments into the Postal Retiree Health Benefits Fund, and promulgation of regulations.
Pub. L. 112–742011—Subsec. (d)(3)(A)(v). substituted “” for “”. See below.
Pub. L. 111–682009—Subsec. (d)(3)(A)(iii). amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “$5,400,000,000, not later than ;”.
Public Law 109–435120 Stat. 3251“The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of section 803(a)(1)(B) of the Postal Accountability and Enhancement Act (; ).”
section 8909a of title 5Any payment required from the Postal Service under , United States Code, as in effect on the day before the date of enactment of this Act [] that remains unpaid as of such date of enactment is canceled.
“(2)
Effect of this act .—
In any determination relating to the future liability for retiree health benefits of the United States Postal Service or the Postal Service Retiree Health Benefits Fund, the Office of Personnel Management shall take into account the actual and reasonably expected effects of this Act [see Tables for classification].”
section 8909a(d)(5) of title 5Any regulation established under , United States Code (as added by subsection (a)), shall, upon request of the United States Postal Service, be subject to a review by the Postal Regulatory Commission under this paragraph.
“(B)
Report .—
Upon receiving a request under subparagraph (A), the Commission shall promptly procure the services of an actuary, who shall hold membership in the American Academy of Actuaries and shall be qualified in the evaluation of healthcare insurance obligations, to conduct a review in accordance with generally accepted actuarial practices and principles and to provide a report to the Commission containing the results of the review. The Commission, upon determining that the report satisfies the requirements of this paragraph, shall approve the report, with any comments it may choose to make, and submit it with any such comments to the Postal Service, the Office of Personnel Management, and Congress.
“(2)
Reconsideration .—
Upon receiving the report under paragraph (1), the Office of Personnel Management shall reconsider its determination or redetermination in light of such report, and shall make any appropriate adjustments. The Office shall submit a report containing the results of its reconsideration to the Commission, the Postal Service, and Congress.”