Page:United States Statutes at Large Volume 114 Part 1.djvu/819

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PUBLIC LAW 106-265—SEPT. 19, 2000 114 STAT. 783 under section 2101(c), the Director may provide for an alternative calculation of lost earnings to the extent that a calculation under subparagraph (B) is not administratively feasible. The alternative calculation shall yield an amount that is as close as practicable to the amount computed under subparagraph (B), taking into account earnings previously paid. (2) ADDITIONAL EMPLOYEE CONTRIBUTION.— In cases in which the retirement coverage error was corrected before the effective date of the regulations under section 2101(c), the employee involved shall have an additional opportunity to make retroactive contributions for the period of the retirement coverage error (subject to applicable limits), and such contributions (including any contributions made after the date of the correction) shall be treated in accordance with paragraph (1). (c) REGULATIONS. — (1) EXECUTIVE DIRECTOR.—The Executive Director shall prescribe regulations appropriate to carry out this section relating to retroactive employee contributions and payments made on or after the effective date of the regulations under section 2101(c). (2) OFFICE. —The Office, in consultation with the Federal Retirement Thrift Investment Board, shall prescribe regulations appropriate to carry out this section relating to the calculation of lost earnings on retroactive employee contributions made before the effective date of the regulations under section 2101(c). SEC. 2206. CERTAIN AGENCY AMOUNTS TO BE PAID INTO OR REMAIN 5 USC 8331 note. IN THE CSRDF. (a) CERTAIN EXCESS AGENCY CONTRIBUTIONS TO REMAIN IN THE CSRDF. — (1) IN GENERAL.— Any amount described under paragraph (2) shall— (A) remain in the CSRDF; and (B) may not be paid or credited to an agency. (2) AMOUNTS. — Paragraph (1) refers to any amount of contributions made by an agency under section 8423 of title 5, United States Code, on behalf of any employee, former employee, or annuitant (or survivor of such employee, former employee, or annuitant) who makes an election to correct a retirement coverage error under this title, that the Office determines to be excess as a result of such election. (b) ADDITIONAL EMPLOYEE RETIREMENT DEDUCTIONS TO BE PAID BY AGENCY.—I f a correction in a retirement coverage error results in an increase in employee deductions under section 8334 or 8422 of title 5, United States Code, that cannot be fully paid by a reallocation of otherwise available amounts previously deducted from the employee's pay as employment taxes or retirement deductions, the employing agency— (1) shall pay the required additional amount into the CSRDF; and (2) shall not seek repa3anent of that amount from the employee, former employee, annuitant, or survivor.