I

103D CONGRESS

2D SESSION H. R. 5054

To amend title 5, United States Code, to conform the retirement coverage

of Members and congressional employees to that of employees of the

executive branch.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 19, 1994

Mr. SANTORUM introduced the following bill; which was referred jointly to the

Committees on House Administration and Post Office and Civil Service

A BILL

To amend title 5, United States Code, to conform the retirement coverage of Members and congressional employees

to that of employees of the executive branch.

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

3 SECTION 1. REFERENCE.

4 Whenever in this Act a section or other provision is

5 amended or repealed, such amendment or repeal shall be

6 considered to be made to that section or other provision

7 of title 5, United States Code.
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1 SEC. 2. EQUAL TREATMENT OF MEMBERS OF CONGRESS

2 WITH FEDERAL EMPLOYEES GENERALLY

3 UNDER CSRS.

4 (a) CREDITABLE SERVICE.—Section 8332 is amend5 ed by striking out subsections (d) and (h).

6 (b) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS7 ITS.—Section 8334 is amended—

8 (1) in paragraph (1), by amending the first sen9 tence to read as follows: ‘‘The employing agency

10 shall deduct and withhold 7 percent of the basic pay

of a employee or Member, 71 11 ⁄2 percent of the basic

12 pay of a law enforcement officer and a firefighter,

13 and 8 percent of the basic pay of a Claims Court

14 judge, a United States magistrate, a judge of the

15 United States Court of Military Appeals, and a

16 bankruptcy judge.’’; and

17 (2) in the table contained in subsection (c), by

18 amending the items relating to Member or employee

19 for congressional employee service and Member for

20 Member service to read as follows:

Member or employee for congressional

employee service ........................................ 21⁄2 ....... August 1, 1920, to June

30, 1926.
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31⁄2 ....... July 1, 1926, to June

30, 1942.

5 .......... July 1, 1942, to June

30, 1948.

6 .......... July 1, 1948, to October

31, 1956.

61⁄2 ....... November 1, 1956, to

December 31, 1969.

71⁄2 ....... December 31, 1969, to

December 31, 1994.

7 .......... After December 31,

1994.

Member for Member service ......................... 21⁄2 ....... August 1, 1920, to June

30, 1926.

31⁄2 ....... July 1, 1926, to June

30, 1942.

5 .......... July 1, 1942, to August

1, 1946.

6 .......... August 2, 1946, to October 31, 1956.

71⁄2 ....... November 1, 1956, to

December 31, 1969.

8 .......... December 31, 1969, to

December 31, 1994.

7 .......... After December 31,

1994.

1 (c) IMMEDIATE RETIREMENT.—Section 8336 is

2 amended—

3 (1) by striking out subsection (g); and

4 (2) in subsections (a), (b), and (f), by inserting

5 ‘‘or Member’’ after ‘‘employee’’ each place it occurs.

6 (d) DEFERRED RETIREMENT.—Section 8338 is

7 amended by striking out subsection (b).

8 (e) COMPUTATION OF ANNUITY.—Section 8339 is

9 amended—

10 (1) by striking out subsections (b) and (c);

11 (2) in subsection (f), by striking out ‘‘of—’’ and

12 all that follows through the end thereof and insert-
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1 ing in lieu thereof ‘‘of the average pay of the em2 ployee or Member.’’;

3 (3) in subsection (h), by striking out the second

4 sentence; and

5 (4) in subsection (j)—

6 (A) by striking out paragraph (2); and

7 (B) in paragraph (4), by striking out ‘‘(f),

8 and (h)’’ and inserting in lieu thereof ‘‘and (f)’’.

9 (f) SURVIVOR ANNUITY.—Section 8341 is amended

10 by striking out subsection (f).

11 (g) ANNUITIES AND PAY ON REEMPLOYMENT.—Sec12 tion 8344 is amended—

13 (1) in subsection (a)—

14 (A) by inserting ‘‘or’’ at the end of para15 graph (2);

16 (B) by striking out ‘‘or’’ at the end of

17 paragraph (3);

18 (C) by striking out paragraph (4); and

19 (D) by inserting ‘‘or Member’’ after ‘‘em20 ployee’’;

21 (2) in subsection (b), by striking out ‘‘, other

22 than a Member receiving an annuity from the

23 fund,’’;
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1 (3) in subsection (c), by striking out ‘‘, other

2 than a Member receiving an annuity from the

3 fund,’’; and

4 (4) by striking out subsection (d).

5 SEC. 3. EQUAL TREATMENT OF MEMBERS OF CONGRESS

6 WITH FEDERAL EMPLOYEES GENERALLY

7 UNDER FERS.

8 (a) IMMEDIATE RETIREMENT.—Section 8412 is

9 amended by striking out subsection (f).

10 (b) COMPUTATION OF BASIC ANNUITY.—Section

11 8415 is amended—

12 (1) in subsections (a) and (e), by inserting ‘‘or

13 Member’’ after ‘‘employee’’ each place it occurs;

14 (2) by striking out subsections (b) and (c);

15 (3) in subsection (f)(2)(A), by striking out

16 ‘‘(e)(2), or (f)(2),’’ and inserting in lieu thereof

17 ‘‘(e)(2),’’; and

18 (4) in the matter after subparagraph (B) in

19 subsection (g)(2), by striking out ‘‘Congressional

20 employee,’’.

21 (c) ANNUITY SUPPLEMENT.—Section 8421(a)(2) is

22 amended by striking out ‘‘section 8412(f), or under’’.

23 (d) DEDUCTIONS FROM PAY; CONTRIBUTIONS FOR

24 MILITARY SERVICE.—Section 8422 is amended—

25 (1) in subsection (a)(2)(A)—
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1 (A) by inserting ‘‘or Member’’ after ‘‘em2 ployee’’; and

3 (B) by striking out ‘‘, or Congressional em4 ployee’’; and

5 (2) in subsection (a)(2)(B), by striking out

6 ‘‘Member’’ and ‘‘or Congressional employee,’’.

7 (e) GOVERNMENT CONTRIBUTIONS.—Section

8 8423(a)(1) is amended—

9 (1) in subparagraph (A)(i), by inserting ‘‘or

10 Members’’ after ‘‘employees’’ the first place it ap11 pears; and

12 (2) in subparagraph (B)—

13 (A) by striking out ‘‘Members, Congres14 sional employees,’’ in clause (i); and

15 (B) by striking out ‘‘and Members’’ in

16 clause (ii).

17 SEC. 4. EFFECTIVE DATE.

18 (a) IN GENERAL.—This Act shall take effect on Jan19 uary 1, 1995.

20 (b) APPLICATION TO PERIODS OF SERVICE BEFORE

21 AND AFTER EFFECTIVE DATE.—

22 (1) SERVICE AFTER DECEMBER 31, 1994.—The

23 amendments made by this Act shall apply with re24 spect to an individual serving as a Member of Con-
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1 gress or a congressional employee after December

2 31, 1994.

3 (2) SERVICE BEFORE JANUARY 1, 1995.—The

4 portion of any annuity under chapter 83 or chapter

5 84, as the case may be, of title 5, United States

6 Code, relating to a period of service of an individual

7 serving as a Member of Congress or a congressional

8 employee that occurs before January 1, 1995, shall

9 be determined under either such chapter as such

10 chapters were in effect on December 31, 1994.

11 (3) ELECTION TO TREAT SERVICE UNDER RE12 FORMED SYSTEM.—A Member of Congress or a con13 gressional employee may make an irrevocable elec14 tion to treat service creditable under chapter 83 or

15 chapter 84, as applicable, of title 5, United States

16 Code, before January 1, 1995, as service under the

17 applicable chapter as if the amendments made by

18 this Act were in effect during such creditable service.

19 (4) MEMBER OF CONGRESS AND CONGRES20 SIONAL EMPLOYEE DEFINED.—For the purposes of

21 this section, the terms ‘‘Member of Congress’’ and

22 ‘‘congressional employee’’ have the meaning given

23 such terms in sections 2106 and 2107 of title 5,

24 United States Code, respectively.

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