I 

112TH CONGRESS 

2D SESSION H. R. 3813 

To amend title 5, United States Code, to secure the annuities of Federal 

civilian employees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2012 

Mr. ROSS of Florida introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform, and in addition to the 

Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 5, United States Code, to secure the annuities 

of Federal civilian employees, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing Annuities for 

5 Federal Employees Act of 2012’’. 

6 SEC. 2. RETIREMENT CONTRIBUTIONS. 

7 (a) CIVIL SERVICE RETIREMENT SYSTEM.— 


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1 (1) INDIVIDUAL CONTRIBUTIONS.—Section 

2 8334(a)(1)(A) of title 5, United States Code, is 

3 amended— 

4 (A) by striking ‘‘(a)(1)(A) The’’ and in5 serting ‘‘(a)(1)(A)(i) Except as provided in 

6 clause (ii), the’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(ii) The percentage of basic pay to be deducted and 

9 withheld under clause (i) shall— 

10 ‘‘(I) for each of calendar years 2013, 2014, and 

11 2015, be equal to the percentage that applied in the 

12 preceding calendar year (as increased under this 

13 subclause, if applicable), plus an additional 0.5 per14 centage point; and 

15 ‘‘(II) for each calendar year after 2015, be 

16 equal to the applicable percentage for calendar year 

17 2015 (as determined under subclause (I)).’’. 

18 (2) GOVERNMENT CONTRIBUTIONS.—Section 

19 8334(a)(1)(B) of title 5, United States Code, is 

20 amended— 

21 (A) in clause (i), by striking ‘‘Except as 

22 provided in clause (ii),’’ and inserting ‘‘Except 

23 as provided in clause (ii) or (iii),’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(iii) The amount to be contributed under clause (i) 

2 shall, with respect to a period in any calendar year speci3 fied in subparagraph (A)(ii), be equal to— 

4 ‘‘(I) the amount that would otherwise apply 

5 under clause (i), reduced by 

6 ‘‘(II) the amount by which the withholding 

7 under subparagraph (A) exceeds the amount which 

8 would (but for clause (ii) of such subparagraph) oth9 erwise have been withheld under such subparagraph 

10 from the basic pay of the employee or elected official 

11 involved with respect to such period.’’. 

12 (3) OFFSET RULE.—Section 8334(k) of title 5, 

13 United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘(5) This subsection shall be applied in a manner 

16 consistent with subsections (a)(1)(A)(ii) and (a)(1)(B)(iii) 

17 of section 8334.’’. 

18 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

19 Section 8422(a) of title 5, United States Code, is amend20 ed— 

21 (1) in paragraph (1), by striking ‘‘paragraph 

22 (2).’’ and inserting ‘‘this subsection.’’; and 

23 (2) by adding at the end the following: 


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1 ‘‘(4) Notwithstanding any other provision of this sub2 section, the percentage to be deducted and withheld under 

3 this subsection shall— 

4 ‘‘(A) for each of calendar years 2013, 2014, 

5 and 2015, be equal to the percentage that applied in 

6 the preceding calendar year under this subsection 

7 (including this subparagraph, if applicable), plus an 

8 additional 0.5 percentage point; and 

9 ‘‘(B) for each calendar year after 2015, be 

10 equal to the applicable percentage for calendar year 

11 2015 (as determined under subparagraph (A)).’’. 

12 (c) FOREIGN SERVICE.—For provisions of law requir13 ing maintenance of existing conformity— 

14 (1) between the Civil Service Retirement Sys15 tem and the Foreign Service Retirement System, 

16 and 

17 (2) between the Federal Employees’ Retirement 

18 System and the Foreign Service Pension System, 

19 see section 827 of the Foreign Service Act of 1980 (22 

20 U.S.C. 4067). 

21 (d) CIARDS.— 

22 (1) COMPATIBILITY WITH CSRS.—In order to 

23 carry out the purposes of this section with respect 

24 to the Central Intelligence Agency Retirement and 

25 Disability System, the authority under section 292 


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1 of the Central Intelligence Agency Retirement Act 

2 (50 U.S.C. 2141) shall be applied. 

3 (2) APPLICABILITY OF FERS.—For provisions 

4 of law providing for the application of the Federal 

5 Employees’ Retirement System with respect to em6 ployees of the Central Intelligence Agency, see title 

7 III of the Central Intelligence Agency Retirement 

8 Act (50 U.S.C. 2151 and following). 

9 (e) TVA.—Section 3 of the Tennessee Valley Author10 ity Act of 1933 (16 U.S.C. 831b) is amended by adding 

11 at the end the following: 

12 ‘‘(c) The chief executive officer shall prescribe any 

13 regulations which may be necessary in order to carry out 

14 the purposes of the Securing Annuities for Federal Em15 ployees Act of 2012 with respect to any defined benefit 

16 plan covering employees of the Tennessee Valley Author17 ity.’’. 

18 SEC. 3. AMENDMENTS RELATING TO SECURE ANNUITY EM19 PLOYEES. 

20 (a) DEFINITION OF SECURE ANNUITY EMPLOYEE.— 

21 Section 8401 of title 5, United States Code, is amended— 

22 (1) in paragraph (35), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (36), by striking the period 

25 and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(37) the term ‘secure annuity employee’ means 

3 an employee or Member who— 

4 ‘‘(A) first becomes subject to this chapter 

5 after December 31, 2012; and 

6 ‘‘(B) at the time of first becoming subject 

7 to this chapter, does not have at least 5 years 

8 of civilian service creditable under the Civil 

9 Service Retirement System or any other retire10 ment system for Government employees.’’. 

11 (b) INDIVIDUAL CONTRIBUTIONS.—Section 8422(a) 

12 of title 5, United States Code (as amended by section 

13 2(b)) is further amended— 

14 (1) in paragraph (4) (as added by section 2(b)), 

15 in the matter before subparagraph (A), by inserting 

16 ‘‘and except in the case of a secure annuity em17 ployee,’’ after ‘‘this subsection’’; and 

18 (2) by adding after paragraph (4) (as so added) 

19 the following: 

20 ‘‘(5) Notwithstanding any other provision of this sub21 section, in the case of a secure annuity employee, the per22 centage to be deducted and withheld shall be computed 

23 under paragraphs (1) through (3), except that the applica24 ble percentage under paragraph (3) for civilian service 

25 shall— 


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1 ‘‘(A) in the case of a secure annuity employee 

2 who is an employee, Congressional employee, or 

3 Member, be equal to 10.2 percent; and 

4 ‘‘(B) in the case of a secure annuity employee 

5 who is a law enforcement officer, firefighter, member 

6 of the Capitol Police, member of the Supreme Court 

7 Police, air traffic controller, nuclear materials cou8 rier, or customs and border protection officer, be 

9 equal to 10.7 percent.’’. 

10 (c) AVERAGE PAY.—Section 8401(3) of title 5, 

11 United States Code, is amended— 

12 (1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; 

13 and 

14 (2) by adding ‘‘except that’’ after the semicolon; 

15 and 

16 (3) by adding at the end the following: 

17 ‘‘(B) in the case of a secure annuity employee, 

18 the term ‘average pay’ has the meaning determined 

19 applying subparagraph (A)— 

20 ‘‘(i) by substituting ‘5 consecutive years’ 

21 for ‘3 consecutive years’; and 

22 ‘‘(ii) by substituting ‘5 years’ for ‘3 

23 years’.’’. 

24 (d) COMPUTATION OF BASIC ANNUITY.—Section 

25 8415 of title 5, United States Code, is amended— 


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1 (1) by striking subsections (a) through (e) and 

2 inserting the following: 

3 ‘‘(a) Except as otherwise provided in this section, the 

4 annuity of an employee retiring under this subchapter is— 

5 ‘‘(1) in the case of an employee other than a se6 cure annuity employee, 1 percent of that individual’s 

7 average pay multiplied by such individual’s total 

8 service; and 

9 ‘‘(2) in the case of an employee who is a secure 

10 annuity employee, 0.7 percent of that individual’s 

11 average pay multiplied by such individual’s total 

12 service. 

13 ‘‘(b)(1) The annuity of a Member, or former Member 

14 with title to a Member annuity, retiring under this sub15 chapter is computed under subsection (a)(1), except that 

16 if the individual has had at least 5 years of service as a 

17 Member or Congressional employee, or any combination 

18 thereof, so much of the annuity as is computed with re19 spect to either such type of service (or a combination 

20 thereof), not exceeding a total of 20 years, shall be com21 puted by multiplying 1.7 percent of the individual’s aver22 age pay by the years of such service. 

23 ‘‘(2) The annuity of a Member, or former Member 

24 with title to a Member annuity, retiring under this subVerDate Mar 15 2010 03:39 Jan 25, 2012 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3813.IH H3813

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1 chapter is, if the individual is or was a secure annuity em2 ployee, computed— 

3 ‘‘(A) under subsection (a)(2); and 

4 ‘‘(B) disregarding paragraph (1) of this sub5 section. 

6 ‘‘(c)(1) The annuity of a Congressional employee, or 

7 former Congressional employee, retiring under this sub8 chapter is computed under subsection (a)(1), except that 

9 if the individual has had at least 5 years of service as a 

10 Congressional employee or Member, or any combination 

11 thereof, so much of the annuity as is computed with re12 spect to either such type of service (or a combination 

13 thereof), not exceeding a total of 20 years, shall be com14 puted by multiplying 1.7 percent of the individual’s aver15 age pay by the years of such service. 

16 ‘‘(2) The annuity of a Congressional employee, or 

17 former Congressional employee, retiring under this sub18 chapter is, if the individual is or was a secure annuity em19 ployee, computed— 

20 ‘‘(A) under subsection (a)(2); and 

21 ‘‘(B) disregarding paragraph (1) of this sub22 section. 

23 ‘‘(d) The annuity of an employee retiring under sub24 section (d) or (e) of section 8412 or under subsection (a), 

25 (b), or (c) of section 8425 is— 


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1 ‘‘(1) in the case of an individual other than a 

2 secure annuity employee— 

3 ‘‘(A) 1.7 percent of that individual’s aver4 age pay multiplied by so much of such individ5 ual’s total service as does not exceed 20 years; 

6 plus 

7 ‘‘(B) 1 percent of that individual’s average 

8 pay multiplied by so much of such individual’s 

9 total service as exceeds 20 years; and 

10 ‘‘(2) in the case of an individual who is a secure 

11 annuity employee— 

12 ‘‘(A) 1.4 percent of that individual’s aver13 age pay multiplied by so much of such individ14 ual’s total service as does not exceed 20 years; 

15 plus 

16 ‘‘(B) 0.7 percent of that individual’s aver17 age pay multiplied by so much of such individ18 ual’s total service as exceeds 20 years. 

19 ‘‘(e) The annuity of an air traffic controller or former 

20 air traffic controller retiring under section 8412(a) is com21 puted under subsection (a)(1), except that if the individual 

22 has had at least 5 years of service as an air traffic con23 troller as defined by section 2109(1)(A)(i), so much of the 

24 annuity as is computed with respect to such type of service 

25 shall be computed— 


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1 ‘‘(1) in the case of an individual other than a 

2 secure annuity employee, by multiplying 1.7 percent 

3 of the individual’s average pay by the years of such 

4 service; and 

5 ‘‘(2) in the case of an individual who is a secure 

6 annuity employee, by multiplying 1.4 percent of the 

7 individual’s average pay by the years of such serv8 ice.’’; and 

9 (2) in subsection (h)— 

10 (A) in paragraph (1), by striking ‘‘sub11 section (a)’’ and inserting ‘‘subsection (a)(1)’’; 

12 and 

13 (B) in paragraph (2), in the matter fol14 lowing subparagraph (B), by striking ‘‘or cus15 toms and border protection officer’’ and insert16 ing ‘‘customs and border protection officer, or 

17 secure annuity employee.’’. 

18 SEC. 4. ANNUITY SUPPLEMENT. 

19 Section 8421(a) of title 5, United States Code, is 

20 amended— 

21 (1) in paragraph (1), by striking ‘‘paragraph 

22 (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; 

23 (2) in paragraph (2), by striking ‘‘paragraph 

24 (3)’’ and inserting ‘‘paragraphs (3) and (4)’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(4)(A) Except as provided in subparagraph (B), no 

2 annuity supplement under this section shall be payable in 

3 the case of an individual whose entitlement to annuity is 

4 based on such individual’s separation from service after 

5 December 31, 2012. 

6 ‘‘(B) Nothing in this paragraph applies in the case 

7 of an individual separating under subsection (d) or (e) of 

8 section 8412.’’. 

Æ 


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