Hmmm… it appears that some members of Congress have been sitting on this GAO report for at least a week. Of course, the report was sent out to GOP-leaning news media to get ahead of today’s spin on the USPS overpayment. The games some people play once they are in power.
USPS OIG sent the following letter to GAO:
We disagree with the major conclusions of the report. Your review focuses on the 1974 law (P.L. 93-349), which is not in dispute. All parties agree that the 1974 law made the Postal Sen/ice responsible for funding the additional CSRS liabilities resulting from pay increases after 1971.
The issue in question surrounds the CSRS Funding Reform Act of 2003 (PL. 108-18) as it pertains to the Office of Personnel Management’s (OPM) share of CSRS liability. Your report fails to recognize how the 2003 law changed the 1974 law. We do not understand your assertion that the “consequence of the 2003 Act was to leave the 1974 allocation unchanged, notwithstanding the removal of the explicit allocation provision.” If. as you state, the allocation provision was removed, it does not seem reasonable to assume the intent of Congress was that the allocation remain unchanged.
In fact, the 2003 law changed the directive to OPM. As the legislative history shows, it was intended to “repeal” the 1974 law (Senate Report No. 108-35, page 6). OPM was required to adopt modern dynamic methods. Dynamic methods dictate that OPM take into account the effect of future salary increases on the total liability. Using these methods, OPM was to capture the size of the postal liability and the respective responsibilities of the Postal Service and OPM to satisfy the liability. Instead, OPM applied dynamic assumptions solely to the Postal Sen/ice’s share of the liability — not to its own share. It appears that OPM failed to follow the 2003 law and now must agree to do so or be compelled by law for a second time.
The current OPM methodology is neither fair nor modern nor does it comply with the 2003 law. We agree with you that action from Congress is necessary to settle this issue once and for all. We believe Congress did just that in 2003. If OPM cannot be convinced of the need to change its methodology, the only alternative is for Congress to compel OPM to act by adding even more explicit reform language to the legislation currently being prepared.
USPS OIG letter via NALC.org