I

104TH CONGRESS

1ST SESSION H. R. 1353

To amend title 5, United States Code, to provide that, for purposes relating

to retirement, Members of Congress and congressional employees shall

be treated in the same manner as are employees in the executive branch

generally.

IN THE HOUSE OF REPRESENTATIVES

MARCH 29, 1995

Mr. MINGE (for himself, Mr. DICKEY, Mr. SHAYS, Mr. KLUG, Mr. BARRETT

of Wisconsin, Mr. MCHALE, Mr. CASTLE, Mr. DEAL of Georgia, and Mrs.

WALDHOLTZ) introduced the following bill; which was referred to the

Committee on House Oversight, and in addition to the Committee on

Government Reform and Oversight, 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 provide that, for

purposes relating to retirement, Members of Congress

and congressional employees shall be treated in the same

manner as are employees in the executive branch generally.

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 ‘‘Congressional Pension

5 Reform Act of 1995’’.
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1 SEC. 2. AMENDMENT OF TITLE 5, UNITED STATES CODE.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title 5, United States Code.

7 SEC. 3. CIVIL SERVICE RETIREMENT SYSTEM.

8 (a) DEDUCTIONS AND DEPOSITS.—

9 (1) DEDUCTIONS.—The first sentence of section

10 8334(a)(1) is amended to read as follows: ‘‘The em11 ploying agency shall deduct and withhold 7 percent

of the basic pay of an employee and a Member, 71 12 ⁄2

13 percent of the basic pay of a law enforcement officer

14 and a firefighter, and 8 percent of the basic pay of

15 a Claims Court judge, a United States magistrate,

16 a judge of the United States Court of Appeals for

17 the Armed Forces, and a bankruptcy judge.’’.

18 (2) DEPOSITS.—

19 (A) FOR MEMBER SERVICE.—Section

20 8334(c) is amended in the matter relating to a

21 Member for Member service by striking

‘‘8 ........ After December 31,

1969.’’
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1 and inserting the following:

‘‘8 ........ January 1, 1970, to

(but not including)

the effective date of

the Congressional

Pension Reform Act

of 1995.

‘‘7 ........ On and after the effective date of the Congressional Pension

Reform Act of

1995.’’.

2 (B) FOR CONGRESSIONAL EMPLOYEE

3 SERVICE.—Section 8334(c) is amended in the

4 matter relating to a Member or employee for

5 Congressional employee service by striking

‘‘71⁄2 ..... After December 31,

1969.’’

6 and inserting the following:

‘‘71⁄2 ..... January 1, 1970, to

(but not including)

the effective date of

the Congressional

Pension Reform Act

of 1995.

‘‘7 ........ On and after the effective date of the Congressional Pension

Reform Act of

1995.’’.

7 (b) IMMEDIATE RETIREMENT.—

8 (1) AT AGE 55 WITH 30 YEARS OF SERVICE, AGE

9 60 WITH 20 YEARS OF SERVICE, OR AGE 62 WITH 5

10 YEARS OF SERVICE.—Subsections (a), (b), and (f) of
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1 section 8336 are amended by inserting ‘‘or Member’’

2 after ‘‘employee’’.

3 (2) AT AGE 50 WITH 20 YEARS OF SERVICE OR

4 ANY AGE WITH 25 YEARS OF SERVICE.—Section

5 8336(g) is amended to read as follows:

6 ‘‘(g) A Member who is separated from the service,

7 except by resignation or expulsion—

8 ‘‘(1) after completing 25 years of service, or

9 ‘‘(2) after becoming 50 years of age and com10 pleting 20 years of service,

11 is entitled to an annuity.’’.

12 (3) APPLICABILITY.—The amendments made

13 by this subsection shall apply with respect to any an14 nuity eligibility for which is based on a separation

15 occurring on or after the effective date of this Act.

16 (4) SAVINGS PROVISION.—

17 (A) IN GENERAL.—Eligibility for an imme18 diate annuity under section 8336 of title 5,

19 United States Code, shall, in the case of an in20 dividual described in subparagraph (B), be de21 termined in accordance with the provisions of

22 such section, as they would read if paragraphs

23 (1) and (2) of this subsection had not been en24 acted.
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1 (B) DESCRIPTION.—This paragraph ap2 plies with respect to any individual who—

3 (i) performs service as a Member of

4 Congress on or after the effective date of

5 this Act; and

6 (ii) as of the day before the effective

7 date of this Act, satisfies the age and serv8 ice requirements for title to an immediate

9 annuity under section 8336(g) of such

10 title, as then in effect.

11 (C) LENGTH OF SERVICE.—Any deter12 mination under subparagraph (B) relating to

13 length of service shall be made without regard

14 to—

15 (i) any deposit or redeposit require16 ment;

17 (ii) any requirement that the individ18 ual become subject to this subchapter after

19 performing the service involved (including

20 for a specified minimum period of time); or

21 (iii) any requirement that the individ22 ual give notice in writing to the official by

23 whom such individual is paid of such indi24 vidual’s desire to become subject to this

25 subchapter.
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1 (c) DEFERRED RETIREMENT.—

2 (1) AT AGE 62 WITH 5 YEARS OF SERVICE.—

3 Section 8338(a) is amended by inserting ‘‘or Mem4 ber’’ after ‘‘employee’’.

5 (2) REPEALER.—Section 8338(b) is repealed.

6 (3) APPLICABILITY.—The amendments made

7 by this subsection shall apply with respect to any an8 nuity eligibility for which is based on a separation

9 occurring on or after the effective date of this Act.

10 (4) SAVINGS PROVISION.—

11 (A) IN GENERAL.—Eligibility for a de12 ferred annuity under section 8338 of title 5,

13 United States Code, shall, in the case of an in14 dividual described in subparagraph (B), be de15 termined in accordance with the provisions of

16 such section, as they would read if paragraphs

17 (1) and (2) of this subsection had not been en18 acted.

19 (B) DESCRIPTION.—This paragraph ap20 plies with respect to any individual who—

21 (i) performs service as a Member of

22 Congress on or after the effective date of

23 this Act; and

24 (ii) as of the day before the effective

25 date of this Act, satisfies the age and serv-
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1 ice requirements for title to a deferred an2 nuity under section 8338(b) of such title,

3 as then in effect.

4 (C) LENGTH OF SERVICE.—Any deter5 mination under subparagraph (B) relating to

6 length of service shall be made without regard

7 to—

8 (i) any deposit or redeposit require9 ment;

10 (ii) any requirement that the individ11 ual become subject to this subchapter after

12 performing the service involved (including

13 for a specified minimum period of time); or

14 (iii) any requirement that the individ15 ual give notice in writing to the official by

16 whom such individual is paid of such indi17 vidual’s desire to become subject to this

18 subchapter.

19 (d) COMPUTATION OF ANNUITY.—

20 (1) MEMBERS.—

21 (A) IN GENERAL.—Section 8339(c) is

22 amended by striking all that follows ‘‘with re23 spect to—’’ and inserting the following:
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1 ‘‘(1) so much of his service as a Member as is

2 or was performed before the effective date of the

3 Congressional Pension Reform Act of 1995;

4 ‘‘(2) so much of his military service as—

5 ‘‘(A) is creditable for the purpose of this

6 paragraph; and

7 ‘‘(B) is or was performed before the date

8 referred to in paragraph (1); and

9 ‘‘(3) so much of his Congressional employee

10 service as is or was performed before the date re11 ferred to in paragraph (1);

by multiplying 21 12 ⁄2 percent of his average pay by the years

13 of that service.’’.

14 (B) TECHNICAL AMENDMENT.—Section

15 8332(d) is amended by striking ‘‘section

16 8339(c)(1)’’ and inserting ‘‘section 8339(c)’’.

17 (2) CONGRESSIONAL EMPLOYEES.—Section

18 8339(b) is amended—

19 (A) by inserting ‘‘so much of’’ after ‘‘is

20 computed with respect to’’; and

21 (B) by inserting ‘‘as is or was performed

22 before the effective date of the Congressional

23 Pension Reform Act of 1995,’’ before ‘‘by mul24 tiplying’’.
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1 (3) REDUCTION FOR RETIREMENT BEFORE A

2 CERTAIN AGE.—

3 (A) IN GENERAL.—Section 8339(h) is

4 amended—

5 (i) by striking the second sentence;

6 and

7 (ii) in the first sentence by striking

8 ‘‘subsections (a), (b), (d)(5), and (f) of this

9 section for an employee retiring under sec10 tion 8336(d), (h), or (j) of this title’’ and

11 inserting ‘‘subsections (a), (b), (c), (d)(5),

12 and (f) of this section for an employee re13 tiring under section 8336(d), (h), or (j) of

14 this title, or for a Member retiring under

15 section 8336(g) of this title,’’.

16 (B) APPLICABILITY.—The amendments

17 made by subparagraph (A) shall apply with re18 spect to the computation of any benefits eligi19 bility for which is based on a separation occur20 ring on or after the effective date of this Act.

21 (e) ANNUITY FOR THE SURVIVING SPOUSE OF A

22 FORMER MEMBER WITH TITLE TO A DEFERRED ANNU23 ITY.—

24 (1) IN GENERAL.—Section 8341(f) is repealed.
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1 (2) SAVINGS PROVISION.—Nothing in para2 graph (1) shall affect any person’s eligibility for a

3 survivor annuity based on the death of an individual

4 whose separation from service with title to a de5 ferred annuity occurs or occurred before the effective

6 date of this Act.

7 (f) ANNUITIES AND PAY ON REEMPLOYMENT.—

8 (1) IN GENERAL.—Section 8344 is amended—

9 (A) by repealing subsection (d);

10 (B) in subsection (a)—

11 (i) by inserting ‘‘or’’ at the end of

12 paragraph (2), by striking ‘‘or’’ at the end

13 of paragraph (3), and by striking para14 graph (4); and

15 (ii) in subparagraph (A) by striking

16 ‘‘(if the employee so elects),’’ and inserting

17 ‘‘(if the annuitant so elects),’’ and by in18 serting ‘‘(c),’’ after ‘‘(b),’’;

19 (C) in subsections (b), (c), and (f) by strik20 ing ‘‘, other than a Member receiving an annu21 ity from the Fund,’’; and

22 (D) in subsection (b) by adding at the end

23 the following: ‘‘The Office shall prescribe regu24 lations for applying this subsection with respect

25 to a Member.’’.
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1 (2) SAVINGS PROVISIONS.—

2 (A) IN GENERAL.—Section 8344(d) of title

3 5, United States Code, as last in effect before

4 the effective date of this Act, shall continue to

5 apply after such effective date with respect to

6 any former Member of Congress serving in an

7 appointive or elective position as of such date.

8 (B) TERMINATION.—Subparagraph (A)

9 shall not apply with respect to any position to

10 which such former Member is appointed or

11 elected after the effective date of this Act.

12 (g) ELIGIBILITY FOR ANNUITY.—

13 (1) IN GENERAL.—Section 8333(c) is repealed.

14 (2) APPLICABILITY.—The amendment made by

15 paragraph (1) shall apply with respect to any deter16 mination of eligibility for an annuity based on a sep17 aration occurring on or after the effective date of

18 this Act.

19 SEC. 4. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.

20 (a) ELECTION NOT TO PARTICIPATE.—

21 (1) IN GENERAL.—Section 8401(20) is amend22 ed by striking ‘‘2106,’’ and all that follows through

23 the semicolon and inserting ‘‘2106;’’.
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1 (2) SAVINGS PROVISION.—The amendment

2 made by paragraph (1) shall not affect any election

3 made before the effective date of this Act.

4 (b) COMPUTATION OF BASIC ANNUITY.—

5 (1) MEMBERS.—Section 8415(b) is amended by

6 striking ‘‘shall’’ and inserting ‘‘shall, to the extent

7 that such service is or was performed before the ef8 fective date of the Congressional Pension Reform

9 Act of 1995,’’.

10 (2) CONGRESSIONAL EMPLOYEES.—Section

11 8415(c) is amended by striking ‘‘shall’’ and inserting

12 ‘‘shall, to the extent that such service is or was per13 formed before the effective date of the Congressional

14 Pension Reform Act of 1995,’’.

15 (3) PROVISIONS RELATING TO THE 1.1 PER16 CENT ACCRUAL RATE.—Section 8339(g) is amend17 ed—

18 (A) in paragraph (1) by striking ‘‘an em19 ployee under paragraph (2),’’ and inserting ‘‘an

20 employee or Member under paragraph (2),’’;

21 (B) in paragraph (2) by inserting ‘‘or

22 Member’’ after ‘‘in the case of an employee’’

23 and by striking ‘‘Congressional employee,’’; and

24 (C) by adding at the end the following:
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1 ‘‘(3) Notwithstanding any other provision of this sub2 section—

3 ‘‘(A) this subsection shall not apply in the case

4 of a Member or Congressional employee whose sepa5 ration (on which entitlement to annuity is based) oc6 curs before the effective date of the Congressional

7 Pension Reform Act of 1995; and

8 ‘‘(B) in the case of a Member or Congressional

9 employee to whom this subsection applies, the 1.1

10 percent accrual rate shall apply only with respect to

11 any period of service other than a period with re12 spect to which the 1.7 percent accrual rate applies

13 under subsection (b) or (c).’’.

14 (c) DEDUCTIONS FROM PAY.—Section 8422(a)(2) is

15 amended—

16 (1) in subparagraph (A) by striking ‘‘air traffic

17 controller, or Congressional employee)’’ and insert18 ing ‘‘or air traffic controller) or Member,’’; and

19 (2) in subparagraph (B) by striking ‘‘a Mem20 ber, law enforcement officer, firefighter, air traffic

21 controller, or Congressional employee,’’ and inserting

22 ‘‘a law enforcement officer, firefighter, or air traffic

23 controller,’’.

24 (d) GOVERNMENT CONTRIBUTIONS.—Section

25 8423(a)(1) is amended—
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1 (1) in subparagraph (A)(i) by striking ‘‘sub2 paragraph (B)),’’ and inserting ‘‘subparagraph (B))

3 and Members,’’;

4 (2) in subparagraph (B)(i) by striking ‘‘Mem5 bers, Congressional employees,’’; and

6 (3) in subparagraph (B)(ii) by striking ‘‘and

7 Members’’.

8 SEC. 5. EFFECTIVE DATE.

9 This Act shall take effect on the first day of the first

10 Congress beginning after the date of the enactment of this

11 Act.

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