123STA T . 2 6 26 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(1)EMPLOYE E C O NTRIBU TION S.—Acover e d e mpl o y ee sha ll pay int o the C ivil S ervice R etirement and D isa b ility Retirement Fu nd— (A) an amount e q ual to the di f ference bet w een— (i) employee contributions that would have been deducted and withheld from pay under section 83 3 4 or 84 2 2 of title 5,U nited States Code, durin g the period described under subsection (c) of this section if the cost - of-living allowances described under that subsection had been treated as basic pay under section 8331(3) or 84 0 1(4) of title 5, United States Code
and (ii) employee contributions that were actually deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during that period; and ( B ) interest as prescribed under section 8334(e) of title 5, United States Code, based on the amount determined under subparagraph (A). (2) A G ENCY CONTRIBUTIONS.— (A) I N GENER A L.— T he employing agency of a covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund an amount for applicable agency contributions based on payments made under para- graph (1). (B) SOURCE.—Amounts paid under this paragraph shall be contributed from the appropriation or fund used to pay the employee. (3) REGULATIONS.—The O ffice of P ersonnel M anagement may prescribe regulations to carry out this section. SEC.19 1 8 . R E GULATION S. (a) IN G ENERAL.—The Director of the Office of Personnel Management shall prescribe regulations to carry out this subtitle, including— (1) rules for special rate employees described under section 1 9 13; (2) rules for ad j usting rates of basic pay for employees in pay systems administered by the Office of Personnel Manage- ment when such employees are not entitled to locality-based comparability payments under section 5304 of title 5, United States Code, without regard to otherwise applicable statutory pay limitations during the transition period described in section 1914 ending on the first day of the first pay period beginning on or after J anuary 1, 2012; and (3) rules governing establishment and adjustment of saved or retained rates for any employee whose rate of pay e x ceeds applicable pay limitations on the first day of the first pay period beginning on or after January 1, 2012. (b) OT H ER PAY SYSTEMS.— W ith the concurrence of the Director of the Office of Personnel Management, the administrator of a pay system not administered by the Office of Personnel Manage- ment shall prescribe regulations to carry out this subtitle with respect to employees in such pay system, consistent with the regula- tions prescribed by the Office under subsection (a). With respect to employees not entitled to locality-based comparability payments under section 5304 of title 5, United States Code, regulations pre- scribed under this subsection may provide for special payments
