I

103D CONGRESS

2D SESSION H. R. 4268

To amend certain provisions of title 5, United States Code, relating to

the age and service requirements for entitlement to an immediate annuity

under the Civil Service Retirement System or the Federal Employees’

Retirement System, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1994

Mr. SHAYS (for himself, Mr. BALLENGER, Mr. BOEHNER, and Mr. PENNY)

introduced the following bill; which was referred to the Committee on

Post Office and Civil Service

A BILL

To amend certain provisions of title 5, United States Code,

relating to the age and service requirements for entitlement to an immediate annuity under the Civil Service

Retirement System or the Federal Employees’ Retirement System, 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 ‘‘Federal Retirement

5 Reform Act’’.
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1 SEC. 2. REVISED AGE AND SERVICE REQUIREMENTS FOR

2 ENTITLEMENT TO AN IMMEDIATE ANNUITY

3 UNDER CSRS.

4 (a) AMENDMENT RELATING TO RETIREMENT AT

5 AGE 55 WITH 30 YEARS OF SERVICE.—Section 8336(a)

6 of title 5, United States Code, is amended to read as

7 follows:

8 ‘‘(a)(1)(A) An employee who is separated from the

9 service after attaining the minimum retirement age under

10 subparagraph (B) and completing 30 years of service is

11 entitled to an annuity.

12 ‘‘(B) The minimum retirement age under this sub13 paragraph shall be determined in accordance with the

14 following:

The minimum

retirement age

‘‘For an individual whose date under this

of birth is in calendar year subparagraph is

1942 or earlier ......................................................................... 55

1943, 1944 or 1945 ................................................................. 56

1946, 1947 or 1948 ................................................................. 57

1949, 1950 or 1951 ................................................................. 58

1952, 1953 or 1954 ................................................................. 59

1955, 1956 or 1957 ................................................................. 60

1958, 1959 or 1960 ................................................................. 61

1961, 1962 or 1963 ................................................................. 62

1964, 1965 or 1966 ................................................................. 63

1967, 1968 or 1969 ................................................................. 64.

15 ‘‘(2) This subsection shall not apply in the case of

16 any employee whose date of birth is after December 31,

17 1969.’’.

18 (b) AMENDMENT RELATING TO RETIREMENT AT

19 AGE 60 WITH 20 YEARS OF SERVICE.—Section 8336(b)
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1 of title 5, United States Code, is amended to read as

2 follows:

3 ‘‘(b)(1)(A) An employee who is separated from the

4 service after attaining the minimum retirement age under

5 subparagraph (B) and completing 20 years of service is

6 entitled to an annuity.

7 ‘‘(B) The minimum retirement age under this sub8 paragraph shall be determined in accordance with the

9 following:

The minimum

retirement age

‘‘For an individual whose date under this

of birth is in calendar year subparagraph is

1957 or earlier ......................................................................... 60

1958, 1959 or 1960 ................................................................. 61.

10 ‘‘(2) This subsection shall not apply in the case of

11 any employee whose date of birth is after December 31,

12 1960.’’.

13 (c) AMENDMENT RELATING TO RETIREMENT AT AGE

14 62 WITH 5 YEARS OF SERVICE.—Section 8336(f) of title

15 5, United States Code, is amended to read as follows:

16 ‘‘(f)(1) An employee who is separated from the serv17 ice after attaining the minimum retirement age under

18 paragraph (2) and completing 5 years of service is entitled

19 to an annuity.

20 ‘‘(2) The minimum retirement age under this para21 graph shall be determined in accordance with the

22 following:
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The minimum

retirement age

‘‘For an individual whose date under this

of birth is in calendar year paragraph is

1963 or earlier ......................................................................... 62

1964, 1965 or 1966 ................................................................. 63

1967, 1968 or 1969 ................................................................. 64

1970 or later ............................................................................ 65.’’.

1 (d) REDUCTION FOR EARLY RETIREMENT.—Sub2 section (h) of section 8339 of title 5, United States Code,

3 is amended—

4 (1) before the first sentence by striking ‘‘(h)’’

5 and inserting ‘‘(h)(1)’’;

6 (2) in the first sentence by striking ‘‘55 years

7 of age at the date of separation,’’ and inserting ‘‘the

8 minimum age for an unreduced annuity (as deter9 mined under paragraph (2)),’’; and

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

11 ‘‘(2) The minimum age under this paragraph for an

12 unreduced annuity shall be determined in accordance with

13 the following:

‘‘For an individual whose date The minimum

of separation (on which age under this

entitlement to annuity paragraph for an

is based) is in calendar year unreduced annuity is

1997 or earlier ......................................................................... 55

1998, 1999 or 2000 ................................................................. 56

2001, 2002 or 2003 ................................................................. 57

2004, 2005 or 2006 ................................................................. 58

2007, 2008 or 2009 ................................................................. 59

2010, 2011 or 2012 ................................................................. 60

2013, 2014 or 2015 ................................................................. 61

2016, 2017 or 2018 ................................................................. 62

2019, 2020 or 2021 ................................................................. 63

2022, 2023 or 2024 ................................................................. 64

2025 or later ............................................................................ 65.’’.
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1 SEC. 3. REVISED AGE AND SERVICE REQUIREMENTS FOR

2 ENTITLEMENT TO AN IMMEDIATE ANNUITY

3 UNDER FERS.

4 (a) AMENDMENT RELATING TO RETIREMENT AT

5 AGE 55 TO 57 WITH 30 YEARS OF SERVICE.—

6 (1) IN GENERAL.—Section 8412(a) of title 5,

7 United States Code, is amended to read as follows:

8 ‘‘(a)(1)(A) An employee or Member who is separated

9 from the service after attaining the minimum retirement

10 age under subparagraph (B) and completing 30 years of

11 service is entitled to an annuity.

12 ‘‘(B) The minimum retirement age under this sub13 paragraph shall be determined in accordance with the

14 following:

The minimum

retirement age

‘‘For an individual whose date under this

of birth is in calendar year subparagraph is

1942 or earlier ......................................................................... 55

1943, 1944 or 1945 ................................................................. 56

1946, 1947 or 1948 ................................................................. 57

1949, 1950 or 1951 ................................................................. 58

1952, 1953 or 1954 ................................................................. 59

1955, 1956 or 1957 ................................................................. 60

1958, 1959 or 1960 ................................................................. 61

1961, 1962 or 1963 ................................................................. 62

1964, 1965 or 1966 ................................................................. 63

1967, 1968 or 1969 ................................................................. 64.

15 ‘‘(2) This subsection shall not apply in the case of

16 an employee or Member whose date of birth is after De17 cember 31, 1969.’’.

18 (2) TECHNICAL AND CONFORMING AMEND19 MENTS.—
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1 (A) Section 8412(h) of title 5, United

2 States Code, is repealed.

3 (B) Sections 8421(a)(2),

4 8421a(b)(4)(B)(ii), and 8442(c)(2) of title 5,

5 United States Code, are each amended by strik6 ing ‘‘8412(h)’’ each place it appears and insert7 ing ‘‘8412(a)(1)(B)’’.

8 (b) AMENDMENT RELATING TO RETIREMENT AT

9 AGE 60 WITH 20 YEARS OF SERVICE.—Section 8412(b)

10 of title 5, United States Code, is amended to read as

11 follows:

12 ‘‘(b)(1)(A) An employee or Member who is separated

13 from the service after attaining the minimum retirement

14 age under subparagraph (B) and completing 20 years of

15 service is entitled to an annuity.

16 ‘‘(B) The minimum retirement age under this sub17 paragraph shall be determined in accordance with the

18 following:

The minimum

retirement age

‘‘For an individual whose date under this

of birth is in calendar year subparagraph is

1957 or earlier ......................................................................... 60

1958, 1959 or 1960 ................................................................. 61.

19 ‘‘(2) This subsection shall not apply in the case of

20 any employee or Member whose date of birth is after De21 cember 31, 1960.’’.
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1 (c) AMENDMENT RELATING TO RETIREMENT AT AGE

2 62 WITH 5 YEARS OF SERVICE.—Section 8412(c) of title

3 5, United States Code, is amended to read as follows:

4 ‘‘(c)(1) An employee or Member who is separated

5 from the service after attaining the minimum retirement

6 age under paragraph (2) and completing 5 years of service

7 is entitled to an annuity.

8 ‘‘(2) The minimum retirement age under this para9 graph shall be determined in accordance with the follow10 ing:

The minimum

retirement age

‘‘For an individual whose date under this

of birth is in calendar year paragraph is

1963 or earlier ......................................................................... 62

1964, 1965 or 1966 ................................................................. 63

1967, 1968 or 1969 ................................................................. 64

1970 or later ............................................................................ 65.’’.

11 (d) REDUCTION FOR EARLY RETIREMENT.—Sub12 section (f)(1) of section 8415 of title 5, United States

13 Code, is amended—

14 (1) before the first sentence by striking ‘‘(f)(1)’’

15 and inserting ‘‘(f)(1)(A)’’;

16 (2) by striking ‘‘the sixty–second anniversary of

17 the birth of the employee or Member’’ and inserting

18 ‘‘the date as of which the employee or Member at19 tains the minimum age for an unreduced annuity (as

20 determined under subparagraph (B))’’; and

21 (3) by adding at the end the following:
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1 ‘‘(B) The minimum age under this subparagraph for

2 an unreduced annuity shall be determined in accordance

3 with the following:

‘‘For an individual whose date The minimum

of separation (on which age under this

entitlement to annuity subparagraph for an

is based) is in calendar year unreduced annuity is

2018 or earlier ......................................................................... 62

2019, 2020 or 2021 ................................................................. 63

2022, 2023 or 2024 ................................................................. 64

2025 or later ............................................................................ 65.’’.

4 SEC. 4. PROVISIONS RELATING TO AGE AND SERVICE RE5 QUIREMENTS SPECIFIC TO MEMBERS OF

6 CONGRESS.

7 (A) CSRS.—

8 (1) AGE AND SERVICE REQUIREMENTS FOR EN9 TITLEMENT TO AN IMMEDIATE ANNUITY.—Section

10 8336(g) of title 5, United States Code, is amended

11 to read as follows:

12 ‘‘(g)(1)(A) A Member who is separated from the serv13 ice after attaining the minimum retirement age under sub14 paragraph (B) and completing 5 years of civilian service

15 is entitled to an annuity.

16 ‘‘(B) The minimum retirement age under this sub17 paragraph shall be determined in accordance with sub18 section (f)(2).

19 ‘‘(2)(A) A Member who is separated from the service

20 after attaining the minimum retirement age under sub-
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1 paragraph (B) and completing 10 years of Member service

2 is entitled to an annuity.

3 ‘‘(B) The minimum retirement age under this sub4 paragraph shall be determined in accordance with the

5 following:

The minimum

retirement age

‘‘For a Member whose date under this

of birth is in calendar year subparagraph is

1954 or earlier ......................................................................... 60

1955, 1956 or 1957 ................................................................. 61.

6 ‘‘(C) This paragraph shall not apply in the case of

7 a Member whose date of birth is after December 31, 1957.

8 ‘‘(3)(A) A Member who is separated from the service

9 after attaining the minimum retirement age under sub10 paragraph (B) (but before becoming 60 years of age) and

11 completing 30 years of service is entitled to a reduced

12 annuity.

13 ‘‘(B) The minimum retirement age under this sub14 paragraph shall be determined in accordance with section

15 8336(a)(1)(B), except that this paragraph shall not apply

16 in the case of any Member whose date of birth is after

17 December 31, 1954.

18 ‘‘(4)(A) A Member who is separated from the service,

19 except by resignation or expulsion, after completing the

20 minimum years of service under subparagraph (B) or after

21 attaining the minimum retirement age under subpara22 graph (C) and (i) completing 20 years of service, or (ii)

23 serving in 9 Congresses is entitled to an annuity.
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1 ‘‘(B)(i) The minimum years of service under this sub2 paragraph shall be determined in accordance with the

3 following:

‘‘For a Member whose date

of separation (on which

entitlement to annuity The minimum

is based) is in calendar year years of service

under this subparagraph is

1997 or earlier ......................................................................... 25

1998, 1999 or 2000 ................................................................. 26

2001, 2002 or 2003 ................................................................. 27

2004, 2005 or 2006 ................................................................. 28

2007, 2008 or 2009 ................................................................. 29

2010, 2011 or 2012 ................................................................. 30

2013, 2014 or 2015 ................................................................. 31

2016, 2017 or 2018 ................................................................. 32

2019, 2020 or 2021 ................................................................. 33

2022, 2023 or 2024 ................................................................. 34.

4 ‘‘(ii) This subparagraph shall not apply in the case

5 of any Member whose date of separation (on which entitle6 ment to annuity is based) occurs after December 31,

7 2024.

8 ‘‘(C)(i) The minimum retirement age under this sub9 paragraph shall be determined in accordance with the

10 following:

The minimum

‘‘For a Member whose retirement age

date of birth is under this

in calendar year subparagraph is

1947 or earlier ......................................................................... 50

1948, 1949 or 1950 ................................................................. 51

1951, 1952 or 1953 ................................................................. 52

1954, 1955 or 1956 ................................................................. 53

1957, 1958 or 1959 ................................................................. 54

1960, 1961 or 1962 ................................................................. 55

1963, 1964 or 1965 ................................................................. 56

1966, 1967 or 1968 ................................................................. 57

1969 ......................................................................................... 58
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1 ‘‘(ii) This subparagraph shall not apply in the case

2 of any Member whose date of birth is after December 31,

3 1969.’’.

4 (2) REDUCTION FOR EARLY RETIREMENT.—

5 Subsection (h) of section 8339 of title 5, United

6 States Code, as amended by section 2(d), is further

7 amended—

8 (A) in the second sentence of paragraph

9 (1) (as so designated by section 2(d)) by strik10 ing ‘‘60 years of age at the date of separation.’’

11 and inserting ‘‘the minimum age for an

12 unreduced annuity (as determined under para13 graph (3)).’’; and

14 (B) by adding after paragraph (2) (as

15 added by section 2(d)) the following:

16 ‘‘(3) The minimum age under this paragraph for an

17 unreduced annuity shall be determined in accordance with

18 the following:

‘‘For a Member whose date The minimum

of separation (on which age under this

entitlement to annuity paragraph for an

is based) is in calendar year unreduced annuity is

2012 or earlier ......................................................................... 60

2013, 2014 or 2015 ................................................................. 61

2016, 2017 or 2018 ................................................................. 62

2019, 2020 or 2021 ................................................................. 63

2022, 2023 or 2024 ................................................................. 64

2025 or later ............................................................................ 65.’’.

19 (b) FERS.—Section 8412(f) of title 5, United States

20 Code, is amended to read as follows:
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1 ‘‘(f)(1) A Member who is separated from the service,

2 except by resignation or expulsion, after—

3 ‘‘(A) completing the minimum years of service

4 under paragraph (2), or

5 ‘‘(B) attaining the minimum retirement age

6 under paragraph (3) and completing 20 years of

7 service,

8 is entitled to an annuity.

9 ‘‘(2) The minimum years of service under this para10 graph shall be determined in accordance with section

11 8336(g)(4)(B).

12 ‘‘(3) The minimum retirement age under this para13 graph shall be determined in accordance with section

14 8336(g)(4)(C).’’.

15 SEC. 5. DEFERRED RETIREMENT.

16 (a) IN GENERAL.—

17 (1) CSRS.—Section 8338 of title 5, United

18 States Code, is amended by striking subsections (a)

19 and (b) and inserting the following:

20 ‘‘(a)(1) An employee who is separated from the serv21 ice or transferred to a position in which such employee

22 does not continue subject to this subchapter after complet23 ing 5 years of civilian service is entitled to an annuity be24 ginning at the age determined under paragraph (2).
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1 ‘‘(2) The age at which entitlement to an annuity

2 under this subsection begins shall be determined in ac3 cordance with section 8336(f)(2).

4 ‘‘(b)(1)(A) A Member who, after December 31, 1955,

5 and before January 1, 1998, is separated from the service

6 as a Member after completing 5 years of civilian service

7 is entitled to an annuity beginning at the age of 62 years.

8 ‘‘(B)(i) A Member who, after December 31, 1997, is

9 separated from the service as a Member after completing

10 5 years of civilian service is entitled to an annuity begin11 ning at the age determined under clause (ii).

12 ‘‘(ii) The age at which entitlement to an annuity

13 under this subparagraph begins shall be determined in ac14 cordance with section 8336(g)(1)(B).

15 ‘‘(2)(A) A Member who is separated from the service

16 after completing 10 or more years of Member service is

17 entitled to an annuity beginning at the age determined

18 under subparagraph (B).

19 ‘‘(B) The age at which entitlement to an annuity

20 under this paragraph begins shall be determined in ac21 cordance with section 8336(g)(2)(C).

22 ‘‘(C) This paragraph shall not apply in the case of

23 a Member whose date of birth is after December 31, 1957.

24 ‘‘(3)(A) A Member who is separated from the service

25 after completing 20 or more years of service, including 10
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1 or more years of Member service, is entitled to a reduced

2 annuity beginning at the age determined under subpara3 graph (B).

4 ‘‘(B) The age at which entitlement to an annuity

5 under this paragraph begins shall be determined in ac6 cordance with section 8336(g)(4)(C).

7 ‘‘(C) This paragraph shall not apply in the case of

8 a Member whose date of birth is after December 31,

9 1969.’’.

10 (2) FERS.—Section 8413(a) of title 5, United

11 States Code, is amended to read as follows:

12 ‘‘(a)(1) An employee or Member who is separated

13 from the service, or transferred to a position in which the

14 employee or Member does not continue subject to this

15 chapter, after completing 5 years of service is entitled to

16 an annuity beginning at the age determined under para17 graph (2).

18 ‘‘(2) The age at which entitlement to an annuity

19 under this subsection begins shall be determined in ac20 cordance with section 8412(c)(2).’’.

21 (b) FERS ANNUITIES WITH A RIGHT TO DEFER

22 COMMENCEMENT DATE.—

23 (1) IMMEDIATE ANNUITY.—Section 8412(g) of

24 title 5, United States Code, is amended to read as

25 follows:
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1 ‘‘(g)(1)(A) An employee or Member who is separated

2 from the service after attaining the minimum retirement

3 age under subparagraph (B) and completing 10 years of

4 service is entitled to an annuity. This subsection shall not

5 apply to an employee or Member who is entitled to an an6 nuity under any other provision of this section.

7 ‘‘(B) The minimum retirement age under this sub8 paragraph shall be determined in accordance with sub9 section (a)(1)(B), except that this subsection shall not

10 apply in the case of any employee or Member whose date

11 of birth is after December 31, 1969.

12 ‘‘(2)(A) An employee or Member entitled to an annu13 ity under this subsection may defer the commencement of

14 such annuity by written election. The date to which the

15 commencement of the annuity is deferred may not precede

16 the 31st day after the date of filing the election, and must

17 precede the date on which the employee or Member attains

18 the age determined under subparagraph (B).

19 ‘‘(B) The applicable age under this subparagraph

20 shall be determined in accordance with subsection (c)(2).

21 ‘‘(3) The Office shall prescribe regulations under

22 which an election under paragraph (2) shall be made.’’.

23 (2) DEFERRED ANNUITY.—Section 8413(b)(1)

24 of title 5, United States Code, is amended to read

25 as follows:
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1 ‘‘(b)(1)(A) An employee or Member who is separated

2 from the service, or transferred to a position in which the

3 employee or Member does not continue subject to this

4 chapter, after completing 10 years of service but before

5 attaining the minimum retirement age under subpara6 graph (B) is entitled to an annuity beginning on the date

7 designated by the employee or Member in a written elec8 tion under this subsection. The date designated under this

9 subsection may not precede the date on which the em10 ployee or Member attains such minimum retirement age

11 and must precede the date on which the employee or Mem12 ber attains the age determined under subparagraph (C).

13 ‘‘(B) The minimum retirement age under this sub14 paragraph shall be determined in accordance with section

15 8412(a)(1)(B), except that this paragraph shall not apply

16 in the case of any employee or Member whose date of birth

17 is after December 31, 1969.

18 ‘‘(C) The applicable age under this subparagraph

19 shall be determined in accordance with section

20 8412(c)(2).’’.

21 SEC. 6. EFFECTIVE DATE; EXEMPTIONS.

22 (a) EFFECTIVE DATE.—The amendments made by

23 this Act shall take effect on January 1, 1998.

24 (b) EXEMPTIONS.—
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1 (1) IN GENERAL.—The amendments made by

2 this Act shall not apply to any individual—

3 (A) who is separated from the Federal

4 Government before the effective date of this Act

5 and who is entitled, before such date—

6 (i) to an immediate annuity under

7 section 8336 (other than section 8336(d)

8 or (h)) or 8412 of title 5, United States

9 Code; or

10 (ii) to a deferred annuity under sec11 tion 8338 or 8413 of title 5, United States

12 Code; or

13 (B) who, on such date, meets the age and

14 service requirements for entitlement to an im15 mediate or deferred annuity referred to in sub16 paragraph (A).

17 (2) CLARIFYING PROVISIONS.—

18 (A) FACTORS NOT TO BE CONSIDERED.—

19 Any determination under paragraph (1)(B)—

20 (i) as to an individual’s years of cred21 itable service shall be made without regard

22 to—

23 (I) any deposit or redeposit re24 quirement; or
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1 (II) any requirement under sub2 chapter III of chapter 83 of title 5,

3 United States Code, that an individual

4 give written notice of such individual’s

5 desire to become subject to that sub6 chapter or that an individual become

7 subject to such subchapter after per8 forming the service involved; and

9 (ii) shall be made without regard to

10 any requirement that is not an age or serv11 ice requirement (as identified under regu12 lations which the Office of Personnel Man13 agement shall prescribe).

14 (B) EFFECT OF A SUBSEQUENT

15 CHANGE.—The exemption under this subsection

16 shall not result in an individual becoming enti17 tled to an immediate annuity based on a sepa18 ration from a position different from the one

19 held at the time of qualifying for such exemp20 tion, unless such individual would then be so

21 entitled (other than by reason of early or dis22 ability retirement) if this Act had not been en23 acted. For purposes of this subparagraph,

24 ‘‘early retirement’’ means retirement under sec-
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1 tion 8336(d) or (h) or section 8414 of title 5,

2 United States Code.

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