PUBLIC LAW 110–279—JULY 17, 2008 

SENATE RESTAURANTS EMPLOYEES 

BENEFITS 


kgrant on POHRRP4G1 with PUBLIC LAWS
122 STAT. 2604 PUBLIC LAW 110–279—JULY 17, 2008 

Public Law 110–279 

110th Congress 

An Act 

To provide for certain Federal employee benefits to be continued for certain employees of the Senate Restaurants after operations of the Senate Restaurants are 

contracted to be performed by a private business concern, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. CONTINUED BENEFITS FOR CERTAIN SENATE RESTAURANTS EMPLOYEES. 

(a) DEFINITIONS.—In this section: 

(1) CONTRACTOR.—The term ‘‘contractor’’ means the private 

business concern that enters into a food services contract with 

the Architect of the Capitol. 

(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ 

means any individual who— 

(A) is a Senate Restaurants employee who is an 

employee of the Architect of the Capitol on the date of 

enactment of this Act, including— 

(i) a permanent, full-time or part-time employee; 

(ii) a temporary, full-time or part-time employee; 

and 

(iii) an employee in a position described under 

the second or third provisos under the subheading 

‘‘SENATE OFFICE BUILDINGS’’ under the heading ‘‘CAPITOL BUILDINGS AND GROUNDS’’ under the heading 

‘‘ARCHITECT OF THE CAPITOL’’ in the Legislative 

Branch Appropriations Act, 1972 (2 U.S.C. 2048); 

(B) becomes an employee of the contractor under a 

food services contract on the transfer date; and 

(C) with respect to benefits under subsection (c)(2) 

or (3), files an election before the transfer date with the 

Office of Human Resources of the Architect of the Capitol 

to have 1 or more benefits continued in accordance with 

this section. 

(3) FOOD SERVICES CONTRACT.—The term ‘‘food services 

contract’’ means a contract under which food services operations 

of the Senate Restaurants are transferred to, and performed 

by, a private business concern. 

(4) TRANSFER DATE.—The term ‘‘transfer date’’ means the 

date on which a contractor begins the performance of food 

services operations under a food services contract. 

(b) ELECTION OF COVERAGE.— 

(1) IN GENERAL.— 

(A) RETIREMENT COVERAGE.—Not later than the day 

before the transfer date, an individual described under 

Deadlines. 

2 USC 2051. 

July 17, 2008 

[S. 2967] 


kgrant on POHRRP4G1 with PUBLIC LAWS
PUBLIC LAW 110–279—JULY 17, 2008 122 STAT. 2605 

subsection (a)(2)(A) and (B) may file an election with the 

Office of Human Resources of the Architect of the Capitol 

to continue coverage under the retirement system under 

which that individual is covered on that day. 

(B) LIFE AND HEALTH INSURANCE COVERAGE.—If the 

individual files an election under subparagraph (A) to continue retirement coverage, the individual may also file 

an election with the Office of Human Resources of the 

Architect of the Capitol to continue coverage of any other 

benefit under subsection (c)(2) or (3) for which that individual is covered on that day. Any election under this 

subparagraph shall be filed not later than the day before 

the transfer date. 

(2) NOTIFICATION TO THE OFFICE OF PERSONNEL MANAGE- MENT.—The Office of Human Resources of the Architect of 

the Capitol shall provide timely notification to the Office of 

Personnel Management of any election filed under paragraph 

(1). 

(c) CONTINUITY OF BENEFITS.— 

(1) PAY.—The rate of basic pay of a covered individual 

as an employee of a contractor, or successor contractor, during 

a period of continuous service may not be reduced to a rate 

less than the rate of basic pay paid to that individual as 

an employee of the Architect of the Capitol on the day before 

the transfer date, except for cause. 

(2) RETIREMENT AND LIFE INSURANCE BENEFITS.— 

(A) IN GENERAL.—For purposes of chapters 83, 84, and 

87 of title 5, United States Code— 

(i) any period of continuous service performed by 

a covered individual as an employee of a contractor, 

or successor contractor, shall be deemed to be a period 

of service as an employee of the Architect of the Capitol; and 

(ii) the rate of basic pay of the covered individual 

during the period described under clause (i) shall be 

deemed to be the rate of basic pay of that individual 

as an employee of the Architect of the Capitol on 

the date on which the Architect of the Capitol enters 

into the food services contract. 

(B) TREATMENT AS CIVIL SERVICE RETIREMENT OFFSET

EMPLOYEES.—In the case of a covered individual who on 

the day before the transfer date is subject to subchapter 

III of chapter 83 of title 5, United States Code, but whose 

employment with the Architect of the Capitol is not employment for purposes of title II of the Social Security Act 

and chapter 21 of the Internal Revenue Code of 1986— 

(i) the employment described under subparagraph 

(A)(i) shall, for purposes of subchapter III of chapter 

83 of title 5, United States Code, be deemed to be— 

(I) employment of an individual described 

under section 8402(b)(2) of title 5, United States 

Code; and 

(II) Federal service as defined under section 

8349(c) of title 5, United States Code; and 

(ii) the basic pay described under subparagraph 

(A)(ii) for employment described under subparagraph 

(A)(i) shall be deemed to be Federal wages as defined 


kgrant on POHRRP4G1 with PUBLIC LAWS
122 STAT. 2606 PUBLIC LAW 110–279—JULY 17, 2008 

under section 8334(k)(2)(C)(i) of title 5, United States 

Code. 

(3) HEALTH INSURANCE BENEFITS.—For purposes of chapters 

89, 89A, and 89B of title 5, United States Code, any period 

of continuous service performed by a covered individual as 

an employee of a contractor, or successor contractor, shall be 

deemed to be a period of service as an employee of the Architect 

of the Capitol. 

(4) LEAVE.— (A) CREDIT OF LEAVE.—Subject to section 6304 of title 

5, United States Code, annual and sick leave balances 

of any covered individual shall be credited to the leave 

accounts of that individual as an employee of the contractor, or any successor contractor. A food services contract 

may include provisions similar to regulations prescribed 

under section 6308 of title 5, United States Code, to implement this subparagraph. 

(B) ACCRUAL RATE.—During any period of continuous 

service performed by a covered individual as an employee 

of a contractor, or successor contractor, that individual 

shall continue to accrue annual and sick leave at rates 

not less than the rates applicable to that individual on 

the day before the transfer date. 

(C) TECHNICAL AND CONFORMING AMENDMENT.—The 

second and third provisos under the subheading ‘‘SENATE

OFFICE BUILDINGS’’ under the heading ‘‘CAPITOL BUILDINGS

AND GROUNDS’’ under the heading ‘‘ARCHITECT OF THE 

CAPITOL’’ in the Legislative Branch Appropriations Act, 

1972 (2 U.S.C. 2048) are repealed. 

(5) TRANSIT SUBSIDY.—For purposes of any benefit under 

section 7905 of title 5, United States Code, any period of continuous service performed by a covered individual as an employee 

of a contractor, or successor contractor, shall be deemed to 

be a period of service as an employee of the Architect of the 

Capitol. 

(6) EMPLOYEE PAY; GOVERNMENT CONTRIBUTIONS; TRANSIT

SUBSIDY PAYMENTS; AND OTHER BENEFITS.— 

(A) PAYMENT BY CONTRACTOR.—A contractor, or any 

successor to the contractor, shall pay— 

(i) the pay of a covered individual as an employee 

of a contractor, or successor contractor, during a period 

of continuous service; 

(ii) Government contributions for the benefits of 

a covered individual under paragraph (2) or (3); 

(iii) any transit subsidy for a covered individual 

under paragraph (5); and 

(iv) any payment for any other benefit for a covered 

individual in accordance with a food services contract. 

(B) REIMBURSEMENTS AND PAYMENTS BY ARCHITECT OF

THE CAPITOL.—From appropriations made available to the 

Architect of the Capitol under the heading ‘‘SENATE OFFICE

BUILDINGS’’ under the heading ‘‘ARCHITECT OF THE 

CAPITOL’’, the Architect of the Capitol shall— 

(i) reimburse a contractor, or any successor contractor, for that portion of any payment under subparagraph (A) which the Architect of the Capitol agreed 

to pay under a food services contract; and 


kgrant on POHRRP4G1 with PUBLIC LAWS
PUBLIC LAW 110–279—JULY 17, 2008 122 STAT. 2607 

(ii) pay a contractor, or any successor contractor, 

for any administrative fee (or portion of an administrative fee) which the Architect of the Capitol agreed 

to pay under a food services contract. 

(7) REGULATIONS.— 

(A) OFFICE OF PERSONNEL MANAGEMENT.— 

(i) IN GENERAL.—After consultation with the 

Architect of the Capitol, the Director of the Office 

of Personnel Management shall prescribe regulations 

to provide for the continuity of benefits under paragraphs (2) and (3). 

(ii) CONTENTS.—Regulations under this subparagraph shall— 

(I) include regulations relating to employee 

deductions and employee and employer contributions and deposits in the Civil Service Retirement 

and Disability Fund, the Employees’ Life Insurance Fund, and the Employees Health Benefits 

Fund; and 

(II) provide for the Architect of the Capitol 

to perform employer administrative functions necessary to ensure administration of continued coverage of benefits under paragraphs (2) and (3), 

including receipt and transmission of the deductions, contributions, and deposits described under 

subclause (I), the collection and transmission of 

such information as necessary, and the performance of other administrative functions as may be 

required. 

(B) THRIFT SAVINGS PLAN BENEFITS.—After consultation 

with the Architect of the Capitol, the Executive Director 

appointed by the Federal Retirement Thrift Investment 

Board under section 8474(a) of title 5, United States Code, 

shall prescribe regulations to provide for the continuity 

of benefits under paragraph (2) of this subsection relating 

to subchapter III of chapter 84 of that title. Regulations 

under this subparagraph shall include regulations relating 

to employee deductions and employee and employer contributions and deposits in the Thrift Savings Fund. 

(d) COVERED INDIVIDUALS NOT ENTITLED TO SEVERANCE PAY.— 

(1) IN GENERAL.—Except as provided under paragraph (2), 

a covered individual shall not be entitled to severance pay 

under section 5595 of title 5, United States Code, by reason 

of— 

(A) separation from service with the Architect of the 

Capitol and becoming an employee of a contractor under 

a food services contract; or 

(B) termination of employment with a contractor, or 

successor to a contractor. 

(2) SEPARATION DURING 90-DAY PERIOD.— 

(A) IN GENERAL.— 

(i) COVERED INDIVIDUALS.—Except as provided 

under clause (ii), a covered individual shall be entitled 

to severance pay under section 5595 of title 5, United 

States Code, if during the 90-day period following the 

transfer date the employment of that individual with 


kgrant on POHRRP4G1 with PUBLIC LAWS
122 STAT. 2608 PUBLIC LAW 110–279—JULY 17, 2008 

a contractor is terminated as provided under a food 

services contract. 

(ii) EXCEPTION.—Clause (i) shall not apply to a 

covered individual who is terminated for cause. 

(B) TREATMENT.—For purposes of section 5595 of title 

5, United States Code— 

(i) any period of continuous service performed by 

a covered individual described under subparagraph (A) 

as an employee of a contractor shall be deemed to 

be a period of service as an employee of the Architect 

of the Capitol; and 

(ii) any termination of employment of a covered 

individual described under subparagraph (A) with a 

contractor shall be treated as a separation from service 

with the Architect of the Capitol. 

(e) VOLUNTARY SEPARATION INCENTIVE PAYMENTS.— 

(1) SUBMISSION OF PLAN.—Not later than 30 days after 

the date of enactment of this Act, the Architect of the Capitol 

shall submit a plan under section 210 of the Legislative Branch 

Appropriations Act, 2005 (2 U.S.C. 60q) to the applicable 

committees as provided under that section. 

(2) PLAN.— 

(A) IN GENERAL.—Notwithstanding section 210(e) of 

the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 

60q(e)), the plan submitted under this subsection shall— 

(i) offer a voluntary separation incentive payment 

to any employee described under subsection (a)(2)(A) 

of this section in accordance with section 210 of that 

Act; and 

(ii) offer such a payment to any such employee 

who becomes a covered individual, if that individual 

accepts the offer during the 90-day period following 

the transfer date. 

(B) TREATMENT OF COVERED INDIVIDUALS.—For purposes of the plan under this subsection— 

(i) any period of continuous service performed by 

a covered individual as an employee of a contractor 

shall be deemed to be a period of service as an 

employee of the Architect of the Capitol; and 

(ii) any termination of employment of a covered 

individual with a contractor shall be treated as a separation from service with the Architect of the Capitol. 

(f) EARLY RETIREMENT TREATMENT FOR CERTAIN SEPARATED

EMPLOYEES.— 

(1) IN GENERAL.—This subsection applies to— 

(A) an employee of the Senate Restaurants of the Office 

of the Architect of the Capitol who— 

(i) voluntarily separates from service on or after 

the date of enactment of this Act, but prior to the 

day before the transfer date; and 

(ii) on such date of separation— 

(I) has completed 25 years of service as defined 

under section 8331(12) or 8401(26) of title 5, 

United States Code; or 

(II) has completed 20 years of such service 

and is at least 50 years of age; and 

Applicability. 

Deadline. 


kgrant on POHRRP4G1 with PUBLIC LAWS
PUBLIC LAW 110–279—JULY 17, 2008 122 STAT. 2609 

(B) except as provided under paragraph (2), a covered 

individual— 

(i) whose employment with a contractor is terminated as provided under a food services contract during 

the 90-day period following the transfer date; and 

(ii) on the date of such termination— 

(I) has completed 25 years of service as defined 

under section 8331(12) or 8401(26) of title 5, 

United States Code; or 

(II) has completed 20 years of such service 

and is at least 50 years of age. 

(2) EXCEPTION.—Paragraph (1)(B) shall not apply to a covered individual who is terminated for cause. 

(3) TREATMENT.— 

(A) ANNUITY.—Notwithstanding any provision of 

chapter 83 or 84 of title 5, United States Code, an employee 

described under paragraph (1) is entitled to an annuity 

which shall be computed consistent with the provisions 

of law applicable to annuities under section 8336(d) or 

8414(b) of title 5, United States Code. 

(B) SEPARATION DURING 90-DAY PERIOD.—For purposes 

of chapter 83 or 84 of title 5, United States Code— 

(i) any period of continuous service performed by 

a covered individual described under paragraphs (1)(B) 

and (2) as an employee of a contractor shall be deemed 

to be a period of service as an employee of the Architect 

of the Capitol; and 

(ii) any termination of employment of a covered 

individual described under paragraphs (1)(B) and (2) 

with a contractor shall be treated as a separation from 

service with the Architect of the Capitol. 

(g) CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.— 

(1) EMPLOYEES OF THE ARCHITECT OF THE CAPITOL.—Section 

101(5) of the Congressional Accountability Act of 1995 (2 U.S.C. 

1301(5)) is amended by striking ‘‘, the Botanic Garden, or 

the Senate Restaurant’’ and inserting ‘‘or the Botanic Garden’’. 

(2) DISABILITIES.—Section 210(a)(7) of the Congressional 

Accountability Act of 1995 (2 U.S.C. 1331(a)(7)) is amended 

by striking ‘‘the Senate Restaurants and the Botanic Garden’’ 

and inserting ‘‘the Botanic Garden’’. 

(3) CONTINUING APPLICATION TO CERTAIN ACTS AND OMISSIONS.—For purposes of the Congressional Accountability Act 

of 1995 (2 U.S.C. 1301 et seq.) a covered individual shall 

be treated as an employee of the Architect of the Capitol with 

respect to any act or omission which occurred before the 

transfer date. 

(h) DEPOSIT OF COMMISSIONS.— 

(1) SENATE RESTAURANTS FOOD SERVICES CONTRACT.—Any 

commissions paid by a contractor under a food services contract 

shall be deposited in the miscellaneous items account within 

the contingent fund of the Senate. 

(2) USE OF FUNDS.—Any funds deposited under paragraph 

(1) shall be available for expenditure in the same manner 

as funds appropriated into that account. 


kgrant on POHRRP4G1 with PUBLIC LAWS
122 STAT. 2610 PUBLIC LAW 110–279—JULY 17, 2008 

LEGISLATIVE HISTORY—S. 2967: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

June 3, considered and passed Senate. 

July 10, considered and passed House. 

Æ 

(i) EFFECTIVE DATE.—This Act shall take effect on the date 

of enactment of this Act and apply to the remainder of the fiscal 

year in which enacted and each fiscal year thereafter. 

Approved July 17, 2008. 


kgrant on POHRRP4G1 with PUBLIC LAWS