I 

112TH CONGRESS 

2D SESSION H. R. 4363 

To amend title 5, United States Code, to allow Federal employees to continue 

their public service while partially retired. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2012 

Mr. ISSA (for himself, Mr. ROSS of Florida, and Mr. LYNCH) introduced the 

following bill; which was referred to the Committee on Oversight and 

Government Reform 

A BILL 

To amend title 5, United States Code, to allow Federal 

employees to continue their public service while partially 

retired. 

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 ‘‘Federal Employee 

5 Phased Retirement Act’’. 

6 SEC. 2. PHASED RETIREMENT AUTHORITY. 

7 (a) CSRS.—Chapter 83 of title 5, United States 

8 Code, is amended— 

9 (1) in section 8331— 


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1 (A) in paragraph (30) by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (31) by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(32) ‘Director’ means the Director of the Of7 fice of Personnel Management.’’; 

8 (2) by inserting after section 8336 the fol9 lowing: 

10 ‘‘§ 8336a. Phased retirement 

11 ‘‘(a) For the purposes of this section— 

12 ‘‘(1) the term ‘composite retirement annuity’ 

13 means the annuity computed when a phased retiree 

14 attains full retirement status; 

15 ‘‘(2) the term ‘full retirement status’ means 

16 that a phased retiree has ceased employment and is 

17 entitled, upon application, to a composite retirement 

18 annuity; 

19 ‘‘(3) the term ‘phased employment’ means the 

20 less-than-full-time employment of a phased retiree; 

21 ‘‘(4) the term ‘phased retiree’ means a retire22 ment-eligible employee who— 

23 ‘‘(A) makes an election under subsection 

24 (b); and 


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1 ‘‘(B) has not entered full retirement sta2 tus; 

3 ‘‘(5) the term ‘phased retirement annuity’ 

4 means the annuity payable under this section before 

5 full retirement; 

6 ‘‘(6) the term ‘phased retirement percentage’ 

7 means the percentage which, when added to the 

8 working percentage for a phased retiree, produces a 

9 sum of 100 percent; 

10 ‘‘(7) the term ‘phased retirement period’ means 

11 the period beginning on the date on which an indi12 vidual becomes entitled to receive a phased retire13 ment annuity and ending on the date on which the 

14 individual dies or separates from phased employ15 ment; 

16 ‘‘(8) the term ‘phased retirement status’ means 

17 that a phased retiree is concurrently employed in 

18 phased employment and eligible to receive a phased 

19 retirement annuity; 

20 ‘‘(9) the term ‘retirement-eligible employee’— 

21 ‘‘(A) means an individual who, if the indi22 vidual separated from the service, would meet 

23 the requirements for retirement under sub24 section (a) or (b) of section 8336; but 


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1 ‘‘(B) does not include an employee, de2 scribed in section 8335, after the date as of 

3 which such employee is required to be separated 

4 from the service by reason of such section; and 

5 ‘‘(10) the term ‘working percentage’ means the 

6 percentage of full-time employment equal the 

7 quotient obtained by dividing— 

8 ‘‘(A) the number of hours per pay period 

9 to be worked by a phased retiree as scheduled 

10 in accordance with subsection (b)(2); by 

11 ‘‘(B) the number of hours per pay period 

12 to be worked by an employee serving in a com13 parable position on a full-time basis. 

14 ‘‘(b)(1) With the concurrence of the head of the em15 ploying agency, and under regulations promulgated by the 

16 Director, a retirement-eligible employee who has been em17 ployed on a full-time basis for not less than the 3-year 

18 period ending on the date on which the retirement-eligible 

19 employee makes an election under this subsection may 

20 elect to enter phased retirement status. 

21 ‘‘(2)(A) Subject to subparagraph (B), at the time of 

22 entering phased retirement status, a phased retiree shall 

23 be appointed to a position for which the working percent24 age is 50 percent. 


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1 ‘‘(B) The Director may, by regulation, provide for 

2 working percentages different from the percentage speci3 fied under subparagraph (A), which shall be not less than 

4 20 percent and not more than 80 percent. 

5 ‘‘(C) The working percentage for a phased retiree 

6 may not be changed during the phased retiree’s phased 

7 retirement period. 

8 ‘‘(D)(i) Not less than 20 percent of the hours to be 

9 worked by a phased retiree shall consist of mentoring. 

10 ‘‘(ii) The Director may, by regulation, provide for ex11 ceptions to the requirement under clause (i). 

12 ‘‘(iii) Clause (i) shall not apply to a phased retiree 

13 serving in the United States Postal Service. Nothing in 

14 this clause shall prevent the application of clause (i) or 

15 (ii) with respect to a phased retiree serving in the Postal 

16 Regulatory Commission. 

17 ‘‘(3) A phased retiree— 

18 ‘‘(A) may not be employed in more than one po19 sition at any time; and 

20 ‘‘(B) may transfer to another position in the 

21 same or a different agency, if the transfer does not 

22 result in a change in the working percentage. 

23 ‘‘(4) A retirement-eligible employee may make only 

24 one election under this subsection during the retirement25 eligible employee’s lifetime. 


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1 ‘‘(5) A retirement-eligible employee who makes an 

2 election under this subsection may not make an election 

3 under section 8343a. 

4 ‘‘(c)(1) Except as otherwise provided under this sub5 section, the phased retirement annuity for a phased retiree 

6 is the product obtained by multiplying— 

7 ‘‘(A) the amount of an annuity computed under 

8 section 8339 that would have been payable to the 

9 phased retiree if, on the date on which the phased 

10 retiree enters phased retirement status, the phased 

11 retiree had separated from service and retired under 

12 section 8336 (a) or (b); by 

13 ‘‘(B) the phased retirement percentage for the 

14 phased retiree. 

15 ‘‘(2) A phased retirement annuity shall be paid in ad16 dition to the basic pay for the position to which a phased 

17 retiree is appointed during phased employment. 

18 ‘‘(3) A phased retirement annuity shall be adjusted 

19 in accordance with section 8340. 

20 ‘‘(4)(A) A phased retirement annuity shall not be 

21 subject to reduction for any form of survivor annuity, shall 

22 not serve as the basis of the computation of any survivor 

23 annuity, and shall not be subject to any court order requir24 ing a survivor annuity to be provided to any individual. 


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1 ‘‘(B) A phased retirement annuity shall be subject to 

2 a court order providing for division, allotment, assign3 ment, execution, levy, attachment, garnishment, or other 

4 legal process on the same basis as other annuities. 

5 ‘‘(5) Any reduction of a phased retirement annuity 

6 based on an election under section 8334(d)(2) shall be ap7 plied to the phased retirement annuity after computation 

8 under paragraph (1). 

9 ‘‘(6)(A) Any deposit, or election of an actuarial annu10 ity reduction in lieu of a deposit, for military service or 

11 for creditable civilian service for which retirement deduc12 tions were not made or refunded shall be made by a retire13 ment-eligible employee at or before the time the retire14 ment-eligible employee enters phased retirement status. 

15 No such deposit may be made, or actuarial adjustment 

16 in lieu thereof elected, at the time a phased retiree enters 

17 full retirement status. 

18 ‘‘(B) Notwithstanding subparagraph (A), if a phased 

19 retiree does not make such a deposit and dies in service 

20 as a phased retiree, a survivor of the phased retiree shall 

21 have the same right to make such deposit as would have 

22 been available had the employee not entered phased retire23 ment status and died in service. 

24 ‘‘(C) If a phased retiree makes an election for an ac25 tuarial annuity reduction under section 8334(d)(2) and 


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1 dies in service as a phased retiree, the amount of any de2 posit upon which such actuarial reduction shall have been 

3 based shall be deemed to have been fully paid. 

4 ‘‘(7) A phased retirement annuity shall commence on 

5 the date on which a phased retiree enters phased employ6 ment. 

7 ‘‘(8) No unused sick leave credit may be used in the 

8 computation of the phased retirement annuity. 

9 ‘‘(d) All basic pay not in excess of the full-time rate 

10 of pay for the position to which a phased retiree is ap11 pointed shall be deemed to be basic pay for purposes of 

12 section 8334. 

13 ‘‘(e) Under such procedures as the Director may pre14 scribe, a phased retiree may elect to enter full retirement 

15 status at any time. Upon making such an election, a 

16 phased retiree shall be entitled to a composite retirement 

17 annuity. 

18 ‘‘(f)(1) Except as provided otherwise under this sub19 section, a composite retirement annuity is a single annuity 

20 computed under regulations prescribed by the Director, 

21 equal to the sum of— 

22 ‘‘(A) the amount of the phased retirement an23 nuity as of the date of full retirement, before any re24 duction based on an election under section 


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1 8334(d)(2), and including any adjustments made 

2 under section 8340; and 

3 ‘‘(B) the product obtained by multiplying— 

4 ‘‘(i) the amount of an annuity computed 

5 under section 8339 that would have been pay6 able at the time of full retirement if the indi7 vidual had not elected a phased retirement and 

8 as if the individual was employed on a full-time 

9 basis in the position occupied during the phased 

10 retirement period and before any reduction for 

11 survivor annuity or reduction based on an elec12 tion under section 8334(d)(2); by 

13 ‘‘(ii) the working percentage. 

14 ‘‘(2) After computing a composite retirement annuity 

15 under paragraph (1), the Director shall adjust the amount 

16 of the annuity for any applicable reductions for a survivor 

17 annuity and any previously elected actuarial reduction 

18 under section 8334(d)(2). 

19 ‘‘(3) A composite retirement annuity shall be ad20 justed in accordance with section 8340, except that sub21 section (c)(1) of that section shall not apply. 

22 ‘‘(4) In computing a composite retirement annuity 

23 under paragraph (1)(B)(i), the unused sick leave to the 

24 credit of a phased retiree at the time of entry into full 


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1 retirement status shall be adjusted by dividing the number 

2 of hours of unused sick leave by the working percentage. 

3 ‘‘(g)(1) Under such procedures and conditions as the 

4 Director may provide, and with the concurrence of the 

5 head of the employing agency, a phased retiree may elect 

6 to terminate phased retirement status and return to a full7 time work schedule. 

8 ‘‘(2) Upon entering a full-time work schedule based 

9 upon an election under paragraph (1), the phased retire10 ment annuity of a phased retiree shall terminate. 

11 ‘‘(3) After the termination of a phased retirement an12 nuity under this subsection, the individual’s rights under 

13 this subchapter shall be determined based on the law in 

14 effect at the time of any subsequent separation from serv15 ice. For purposes of this subchapter or chapter 84, at time 

16 of the subsequent separation from service, the phased re17 tirement period shall be treated as if it had been a period 

18 of part-time employment with the work schedule described 

19 in subsection (b)(2). 

20 ‘‘(h) For purposes of section 8341— 

21 ‘‘(1) the death of a phased retiree shall be 

22 deemed to be the death in service of an employee; 

23 and 

24 ‘‘(2) the phased retirement period shall be 

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1 ment with the work schedule described in subsection 

2 (b)(2). 

3 ‘‘(i) Employment of a phased retiree shall not be 

4 deemed to be part-time career employment, as defined in 

5 section 3401(2). 

6 ‘‘(j) A phased retiree is not eligible to apply for an 

7 annuity under section 8337. 

8 ‘‘(k) For purposes of section 8341(h)(4), retirement 

9 shall be deemed to occur on the date on which a phased 

10 retiree enters into full retirement status. 

11 ‘‘(l) For purposes of sections 8343 and 8351, and 

12 subchapter III of chapter 84, a phased retiree shall be 

13 deemed to be an employee. 

14 ‘‘(m) A phased retiree is not subject to section 8344. 

15 ‘‘(n) For purposes of chapter 87, a phased retiree 

16 shall be deemed to be receiving basic pay at the rate of 

17 a full-time employee in the position to which the phased 

18 retiree is appointed.’’; and 

19 (3) in the table of sections by inserting after 

20 the item relating to section 8336 the following: 

‘‘8336a. Phased retirement.’’. 

21 (b) FERS.—Chapter 84 of title 5, United States 

22 Code, is amended— 

23 (1) by inserting after section 8412 the following 

24 new section: 


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1 ‘‘§ 8412a. Phased retirement 

2 ‘‘(a) For the purposes of this section— 

3 ‘‘(1) the term ‘composite retirement annuity’ 

4 means the annuity computed when a phased retiree 

5 attains full retirement status; 

6 ‘‘(2) the term ‘full retirement status’ means 

7 that a phased retiree has ceased employment and is 

8 entitled, upon application, to a composite retirement 

9 annuity; 

10 ‘‘(3) the term ‘phased employment’ means the 

11 less-than-full-time employment of a phased retiree; 

12 ‘‘(4) the term ‘phased retiree’ means a retire13 ment-eligible employee who— 

14 ‘‘(A) makes an election under subsection 

15 (b); and 

16 ‘‘(B) has not entered full retirement sta17 tus; 

18 ‘‘(5) the term ‘phased retirement annuity’ 

19 means the annuity payable under this section before 

20 full retirement; 

21 ‘‘(6) the term ‘phased retirement percentage’ 

22 means the percentage which, when added to the 

23 working percentage for a phased retiree, produces a 

24 sum of 100 percent; 

25 ‘‘(7) the term ‘phased retirement period’ means 

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1 vidual becomes entitled to receive a phased retire2 ment annuity and ending on the date on which the 

3 individual dies or separates from phased employ4 ment; 

5 ‘‘(8) the term ‘phased retirement status’ means 

6 that a phased retiree is concurrently employed in 

7 phased employment and eligible to receive a phased 

8 retirement annuity; 

9 ‘‘(9) the term ‘retirement-eligible employee’— 

10 ‘‘(A) means an individual who, if the indi11 vidual separated from the service, would meet 

12 the requirements for retirement under sub13 section (a) or (b) of section 8412; and 

14 ‘‘(B) does not include— 

15 ‘‘(i) an individual who, if the indi16 vidual separated from the service, would 

17 meet the requirements for retirement 

18 under subsection (d) or (e) of section 

19 8412; but 

20 ‘‘(ii) does not include an employee, de21 scribed in section 8425, after the date as 

22 of which such employee is required to be 

23 separated from the service by reason of 

24 such section; and 


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1 ‘‘(10) the term ‘working percentage’ means the 

2 percentage of full-time employment equal to the 

3 quotient obtained by dividing— 

4 ‘‘(A) the number of hours per pay period 

5 to be worked by a phased retiree as scheduled 

6 in accordance with subsection (b)(2); by 

7 ‘‘(B) the number of hours per pay period 

8 to be worked by an employee serving in a com9 parable position on a full-time basis. 

10 ‘‘(b)(1) With the concurrence of the head of the em11 ploying agency, and under regulations promulgated by the 

12 Director, a retirement-eligible employee who has been em13 ployed on a full-time basis for not less than the 3-year 

14 period ending on the date on which the retirement-eligible 

15 employee makes an election under this subsection may 

16 elect to enter phased retirement status. 

17 ‘‘(2)(A) Subject to subparagraph (B), at the time of 

18 entering phased retirement status, a phased retiree shall 

19 be appointed to a position for which the working percent20 age is 50 percent. 

21 ‘‘(B) The Director may, by regulation, provide for 

22 working percentages different from the percentage speci23 fied under subparagraph (A), which shall be not less than 

24 20 percent and not more than 80 percent. 


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1 ‘‘(C) The working percentage for a phased retiree 

2 may not be changed during the phased retiree’s phased 

3 retirement period. 

4 ‘‘(D)(i) Not less than 20 percent of the hours to be 

5 worked by a phased retiree shall consist of mentoring. 

6 ‘‘(ii) The Director may, by regulation, provide for ex7 ceptions to the requirement under clause (i). 

8 ‘‘(iii) Clause (i) shall not apply to a phased retiree 

9 serving in the United States Postal Service. Nothing in 

10 this clause shall prevent the application of clause (i) or 

11 (ii) with respect to a phased retiree serving in the Postal 

12 Regulatory Commission. 

13 ‘‘(3) A phased retiree— 

14 ‘‘(A) may not be employed in more than one po15 sition at any time; and 

16 ‘‘(B) may transfer to another position in the 

17 same or a different agency, if the transfer does not 

18 result in a change in the working percentage. 

19 ‘‘(4) A retirement-eligible employee may make only 

20 one election under this subsection during the retirement21 eligible employee’s lifetime. 

22 ‘‘(5) A retirement-eligible employee who makes an 

23 election under this subsection may not make an election 

24 under section 8420a. 


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1 ‘‘(c)(1) Except as otherwise provided under this sub2 section, the phased retirement annuity for a phased retiree 

3 is the product obtained by multiplying— 

4 ‘‘(A) the amount of an annuity computed under 

5 section 8415 that would have been payable to the 

6 phased retiree if, on the date on which the phased 

7 retiree enters phased retirement status, the phased 

8 retiree had separated from service and retired under 

9 section 8412 (a) or (b); by 

10 ‘‘(B) the phased retirement percentage for the 

11 phased retiree. 

12 ‘‘(2) A phased retirement annuity shall be paid in ad13 dition to the basic pay for the position to which a phased 

14 retiree is appointed during the phased employment. 

15 ‘‘(3) A phased retirement annuity shall be adjusted 

16 in accordance with section 8462. 

17 ‘‘(4)(A) A phased retirement annuity shall not be 

18 subject to reduction for any form of survivor annuity, shall 

19 not serve as the basis of the computation of any survivor 

20 annuity, and shall not be subject to any court order requir21 ing a survivor annuity to be provided to any individual. 

22 ‘‘(B) A phased retirement annuity shall be subject to 

23 a court order providing for division, allotment, assign24 ment, execution, levy, attachment, garnishment, or other 

25 legal process on the same basis as other annuities. 


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1 ‘‘(5)(A) Any deposit, or election of an actuarial annu2 ity reduction in lieu of a deposit, for military service or 

3 for creditable civilian service for which retirement deduc4 tions were not made or refunded, shall be made by a re5 tirement-eligible employee at or before the time the retire6 ment-eligible employee enters phased retirement status. 

7 No such deposit may be made, or actuarial adjustment 

8 in lieu thereof elected, at the time a phased retiree enters 

9 full retirement status. 

10 ‘‘(B) Notwithstanding subparagraph (A), if a phased 

11 retiree does not make such a deposit and dies in service 

12 as a phased retiree, a survivor of the phased retiree shall 

13 have the same right to make such deposit as would have 

14 been available had the employee not entered phased retire15 ment status and died in service. 

16 ‘‘(6) A phased retirement annuity shall commence on 

17 the date on which a phased retiree enters phased employ18 ment. 

19 ‘‘(7) No unused sick leave credit may be used in the 

20 computation of the phased retirement annuity. 

21 ‘‘(d) All basic pay not in excess of the full-time rate 

22 of pay for the position to which a phased retiree is ap23 pointed shall be deemed to be basic pay for purposes of 

24 sections 8422 and 8423. 


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1 ‘‘(e) Under such procedures as the Director may pre2 scribe, a phased retiree may elect to enter full retirement 

3 status at any time. Upon making such an election, a 

4 phased retiree shall be entitled to a composite retirement 

5 annuity. 

6 ‘‘(f)(1) Except as provided otherwise under this sub7 section, a composite retirement annuity is a single annuity 

8 computed under regulations prescribed by the Director, 

9 equal to the sum of— 

10 ‘‘(A) the amount of the phased retirement an11 nuity as of the date of full retirement, including any 

12 adjustments made under section 8462; and 

13 ‘‘(B) the product obtained by multiplying— 

14 ‘‘(i) the amount of an annuity computed 

15 under section 8412 that would have been pay16 able at the time of full retirement if the indi17 vidual had not elected a phased retirement and 

18 as if the individual was employed on a full-time 

19 basis in the position occupied during the phased 

20 retirement period and before any adjustment to 

21 provide for a survivor annuity; by 

22 ‘‘(ii) the working percentage. 

23 ‘‘(2) After computing a composite retirement annuity 

24 under paragraph (1), the Director shall adjust the amount 


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1 of the annuity for any applicable reductions for a survivor 

2 annuity. 

3 ‘‘(3) A composite retirement annuity shall be ad4 justed in accordance with section 8462, except that sub5 section (c)(1) of that section shall not apply. 

6 ‘‘(4) In computing a composite retirement annuity 

7 under paragraph (1)(B)(i), the unused sick leave to the 

8 credit of a phased retiree at the time of entry into full 

9 retirement status shall be adjusted by dividing the number 

10 of hours of unused sick leave by the working percentage. 

11 ‘‘(g)(1) Under such procedures and conditions as the 

12 Director may provide, and with the concurrence of the 

13 head of employing agency, a phased retiree may elect to 

14 terminate phased retirement status and return to a full15 time work schedule. 

16 ‘‘(2) Upon entering a full-time work schedule based 

17 on an election under paragraph (1), the phased retirement 

18 annuity of a phased retiree shall terminate. 

19 ‘‘(3) After termination of the phased retirement an20 nuity under this subsection, the individual’s rights under 

21 this chapter shall be determined based on the law in effect 

22 at the time of any subsequent separation from service. For 

23 purposes of this chapter, at the time of the subsequent 

24 separation from service, the phased retirement period shall 

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1 ment with the work schedule described in subsection 

2 (b)(2). 

3 ‘‘(h) For purposes of subchapter IV— 

4 ‘‘(1) the death of a phased retiree shall be 

5 deemed to be the death in service of an employee; 

6 ‘‘(2) except for purposes of section 

7 8442(b)(1)(A)(i), the phased retirement period shall 

8 be deemed to have been a period of part-time em9 ployment with the work schedule described in sub10 section (b)(2) of this section; and 

11 ‘‘(3) for purposes of section 8442(b)(1)(A)(i), 

12 the phased retiree shall be deemed to have been at 

13 the full-time rate of pay for the position occupied. 

14 ‘‘(i) Employment of a phased retiree shall not be 

15 deemed to be part-time career employment, as defined in 

16 section 3401(2). 

17 ‘‘(j) A phased retiree is not eligible to receive an an18 nuity supplement under section 8421. 

19 ‘‘(k) For purposes of subchapter III, a phased retiree 

20 shall be deemed to be an employee. 

21 ‘‘(l) For purposes of section 8445(d), retirement shall 

22 be deemed to occur on the date on which a phased retiree 

23 enters into full retirement status. 

24 ‘‘(m) A phased retiree is not eligible to apply for an 

25 annuity under subchapter V. 


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1 ‘‘(n) A phased retiree is not subject to section 8468. 

2 ‘‘(o) For purposes of chapter 87, a phased retiree 

3 shall be deemed to be receiving basic pay at the rate of 

4 a full-time employee in the position to which the phased 

5 retiree is appointed.’’; and 

6 (2) in the table of sections by inserting after 

7 the item relating to section 8412 the following: 

‘‘8412a. Phased retirement.’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the effective date of the 

10 implementing regulations issued by the Director of the Of11 fice of Personnel Management. 

Æ 


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