§9503. Reports about Government pension plans

(a) A Government pension plan is subject to section 103 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023) in the same way that an employee pension benefit plan is subject to section 103. However, section 103 applies to a Government pension plan for officers or employees of the Central Intelligence Agency only if the President specifically approves application of the requirements of section 103 in writing. In applying section 103 to a Government pension plan-

(1) the annual report shall be-

(A) in the form and include information the President, in consultation with the Comptroller General, prescribes or, if the pension plan is referred to in section 9502(1)(B)(iv)–(vii) or (ix) of this title, the Comptroller General prescribes; and

(B) submitted to Congress and to the Comptroller General by the end of the 210-day period beginning on the day after the last day of the plan year involved;

(2) a provision providing for waiver of, relief from, or exception to a requirement otherwise applicable to an employee pension benefit plan applies to a Government pension plan only if specifically authorized by the Comptroller General;

(3) section 104(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)) does not apply;

(4) the report required by this chapter is in addition to other reports or projections required by law; and

(5) except for a Government pension plan referred to in section 9502(1)(B)(iv)–(vii) of this title, the Comptroller General shall conduct audits when appropriate instead of complying with the requirements for the independent qualified public accountant.

(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.

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

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.

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.      

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.