I

104TH CONGRESS

1ST SESSION H. R. 2375

To amend title 5, United States Code, to modify the early-retirement reduction provisions with respect to certain Federal employees who are separated from service due to a base closure under title II of the Defense

Authorization Amendments and Base Closure and Realignment Act, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 1995

Mr. LANTOS introduced the following bill; which was referred to the

Committee on Government Reform and Oversight

A BILL

To amend title 5, United States Code, to modify the earlyretirement reduction provisions with respect to certain

Federal employees who are separated from service due

to a base closure under title II of the Defense Authorization Amendments and Base Closure and Realignment

Act, 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 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Federal Employee Base Closure Retirement Act’’.
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1 SEC. 2. MODIFICATION IN EARLY-RETIREMENT REDUCTION

2 PROVISIONS.

3 Section 8339(h) of title 5, United States Code, is

4 amended—

5 (1) by striking ‘‘(h) The annuity’’ and inserting

6 ‘‘(h)(1) The annuity’’;

7 (2) in the first sentence by striking ‘‘executive.’’

8 and inserting ‘‘executive and except as provided in

9 any succeeding provision of this subsection.’’; and

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

11 ‘‘(2)(A) This paragraph applies with respect to—

12 ‘‘(i) any law enforcement officer or firefighter

13 who has completed the minimum number of years of

14 service required to qualify for immediate retirement

15 under section 8336(c); and

16 ‘‘(ii) any air traffic controller who has com17 pleted at least 20 years of service as an air traffic

18 controller.

19 ‘‘(B) Notwithstanding any provision of paragraph

20 (1), for any employee described in subparagraph (A) who

21 retires under section 8336(d), the percentage reduction

22 applicable under this subsection shall—

23 ‘‘(i) if such employee’s separation is due to a

base closure, be equal to 1 24 ⁄12 of 1 percent for each

25 full month the employee is under 50 years of age at

26 the date of separation; or
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‘‘(ii) if clause (i) does not apply, be equal to 1 1 ⁄6

2 of 1 percent for each full month the employee is

3 under 50 years of age at the date of separation.

4 ‘‘(3)(A) This paragraph applies with respect to any

5 employee, other than an employee described in paragraph

6 (2)(A), who has completed 30 years of service.

7 ‘‘(B) Notwithstanding any provision of paragraph

8 (1), for any employee described in subparagraph (A) who

9 retires under section 8336(d)(1), the percentage reduction

10 applicable under this subsection shall, if such employee’s

separation is due to a base closure, be equal to 1 11 ⁄12 of

12 1 percent for each full month the employee is under 55

13 years of age at the date of separation.

14 ‘‘(4)(A) For the purpose of this subsection, the term

15 ‘base closure’ means the closure or realignment of a mili16 tary installation carried out under title II of the Defense

17 Authorization Amendments and Base Closure and Re18 alignment Act.

19 ‘‘(B) Any determination under this subsection as to

20 whether or not a separation is due to a base closure shall

21 be made in accordance with such criteria as the Office of

22 Personnel Management shall by regulation prescribe.’’.
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1 SEC. 3. APPLICABILITY.

2 The amendments made by this Act shall apply with

3 respect to separations occurring on or after the date of

4 the enactment of this Act.

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