5 U.S.C. § 205

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(a) For purposes of this section—“(1) the term ‘contribution deficiency’, when used with respect to a covered retirement system, means the excess of—“(A) the total amount which, but for section 204(a) of this Act, would have been deducted and withheld under a provision referred to in such section from the pay of covered employees participating in such retirement system for service to which such section applies, over“(B) the total amount which was deducted and withheld from the pay of covered employees for such service as provided in section 204(a) of this Act; and“(2) the term ‘appropriate agency head’ means—“(A) the Director of the Office of Personnel Management, with respect to the Civil Service Retirement and Disability System under subchapter III of chapter 83 of title 5, United States Code;“(B) the Secretary of State, with respect to the Foreign Service Retirement and Disability System under chapter 8 of the Foreign Service Retirement Act of 1980 (22 U.S.C. 404 et seq.) [22 U.S.C. 4041 et seq.];“(C) the Director of Central Intelligence, with respect to the Central Intelligence Agency Retirement and Disability System under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees ([former] 50 U.S.C. 403 note); and“(D) the officer designated by the President for that purpose in the case of any retirement system described in section 203(a)(2)(D) of this Act.“(b) At the end of each of fiscal years 1984, 1985, 1986, and 1987, the appropriate agency head—“(1) shall determine the amount of the contribution deficiency for such fiscal year in the case of each covered retirement system, including the interest that those contributions would have earned had they been credited to the fund established for the payment of benefits under such retirement system in the same manner and at the same time as deductions under the applicable provision of law referred to in section 204(a) of this Act; and“(2) shall notify the Secretary of the Treasury of the amount of the contribution deficiency in each such case.“(c) Before closing the accounts for each of fiscal years 1984, 1985, 1986, and 1987, the Secretary of the Treasury shall credit to the fund established for the payment of benefits under each covered retirement system, as a Government contribution, out of any money in the Treasury not otherwise appropriated, an amount equal to the amount determined under subsection (b) with respect to that covered retirement system for the fiscal year involved.“(d) Amounts credited to a fund under subsection (c) shall be accounted for separately than amounts credited to such fund under any other provision of law.

Notes of Decisions

Cited in 1 case, 1983–1983 · leading case: Pitts v. United States, 1 Cl. Ct. 148 (Ct. Cl. 1983).

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Pitts v. United States, 1 Cl. Ct. 148 (Ct. Cl. 1983). “, whether the Central Base Fund of Tachikawa Air Base in 1965 and 1966 was a nonappropriated fund instrumentality and, if so, one of those referred to in 5 U.S.C. § 205 (c)), that neither party is entitled to a judgment as a matter of law, and that the pending cross-motions for…”

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