I

104TH CONGRESS

1ST SESSION H. R. 2456

To amend title 5, United States Code, to limit the number of years that

a Member of Congress may participate in either the Civil Service Retirement System or the Federal Employees’ Retirement System.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 10, 1995

Mr. THORNBERRY 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 limit the number

of years that a Member of Congress may participate

in either the Civil Service Retirement System or the

Federal Employees’ Retirement System.

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 ‘‘Limited Congressional

5 Pension Act of 1995’’.
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1 SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE

2 RETIREMENT SYSTEM.

3 (a) IN GENERAL.—Subchapter III of chapter 83 of

4 title 5, United States Code, is amended by adding at the

5 end the following:

6 ‘‘§ 8352. Limitations relating to Members

7 ‘‘(a)(1) For the purpose of this section—

8 ‘‘(A) the term ‘maximum allowable period of

9 member service’ means the greater of—

10 ‘‘(i) 12 years of member service; or

11 ‘‘(ii) the total number of years of member

12 service completed by the Member before the ef13 fective date of this section (expressed in terms

14 of the full years and twelfth parts thereof, ex15 cluding from the aggregate the fractional part

16 of a month, if any);

17 ‘‘(B) the term ‘deemed separation date’, as

18 used with respect to a Member, means the date such

19 Member is deemed under subsection (b)(1)(A) or

20 (B), as the case may be, to have separated from

21 service as a Member; and

22 ‘‘(C) the term ‘deemed separation’ means a sep23 aration deemed to have occurred under subsection

24 (b)(1)(A) or (B).

25 ‘‘(2) This section shall apply with respect to any indi26 vidual serving as a Member on or after the effective date
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1 of this section, excluding a reemployed annuitant whose

2 annuity commenced before such effective date.

3 ‘‘(b) Except as otherwise provided in this section—

4 ‘‘(1)(A) any Member who has completed the

5 maximum allowable period of member service before

6 the effective date of this section shall, for purposes

7 of this subchapter, be deemed to have separated

8 from service on the day before such effective date;

9 and

10 ‘‘(B) any Member who completes the maximum

11 allowable period of member service on or after the

12 effective date of this section shall, for purposes of

13 this subchapter, be deemed to have separated from

14 service on the date on which such Member completes

15 the maximum allowable period of member service;

16 and

17 ‘‘(2) any Member who is deemed to have sepa18 rated from service under subparagraph (A) or (B) of

19 paragraph (1)—

20 ‘‘(A) may not thereafter remain or become

21 subject to either the Civil Service Retirement

22 System or the Federal Employees’ Retirement

23 System as a Member of Congress (as defined by

24 section 2106); and
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1 ‘‘(B) for purposes of this subchapter, shall,

2 while thereafter serving as a Member of Con3 gress (as so defined), be treated in the same

4 way as a former Member not then performing

5 Government service.

6 ‘‘(c)(1) This subsection shall apply with respect to

7 any Member described in subsection (b)(1)(A) or (B).

8 ‘‘(2) A Member to whom this subsection applies shall

9 not be eligible for an immediate or deferred annuity based

10 on any deemed separation. Rather, actual separation must

11 occur in order to be eligible for such an annuity.

12 ‘‘(3) For purposes of determining whether a Member

13 satisfies the age and service requirements for title to an

14 annuity—

15 ‘‘(A) the Member’s age as of the Member’s

16 deemed separation date shall be used; and

17 ‘‘(B) the Member’s total service as of the Mem18 ber’s deemed separation date shall be used, subject

19 to paragraph (7).

20 ‘‘(4) The requirements of subsections (b) and (c) of

21 section 8333 shall be considered met if the Member would

22 satisfy those requirements as of the Member’s deemed sep23 aration date (assuming the Member actually separated on

24 that date).

25 ‘‘(5) For purposes of any computation of annuity—
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1 ‘‘(A) average pay shall be determined disregard2 ing pay for any member service performed after the

3 Member’s deemed separation date;

4 ‘‘(B) any reduction under section 8339(h) shall

5 be made using the age determined under paragraph

6 (3)(A); and

7 ‘‘(C) the Member’s total service shall be equal

8 to the total service determined under paragraph

9 (3)(B).

10 For purposes of applying the respective limitations under

11 sections 8339(f) and 8340(g), the average pay and final

12 pay (or final basic pay) of a Member shall likewise be de13 termined based on the Member’s deemed separation date.

14 ‘‘(6)(A) Any deadline (such as for making an election

15 or making a deposit) which is fixed by reference to date

16 of separation shall be applied using the Member’s actual

17 separation date.

18 ‘‘(B) Any determination as to the marital status of

19 the Member as of date of separation shall be made based

20 on the Member’s actual separation date.

21 ‘‘(7) For purposes of determining any period of mili22 tary service which is creditable for purposes of section

23 8339(c)(1), the date of final separation from service as

24 a Member (as referred to in section 8332(d)) shall be the

25 Member’s actual separation date.
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1 ‘‘(d)(1) No contribution to the Thrift Savings Fund

2 may be made by any Member with respect to any pay pe3 riod beginning on or after the effective date of this section.

4 ‘‘(2) Except as provided in paragraph (1), nothing

5 in this section shall be considered to permit or require that

6 a Member be treated as having separated before such

7 Member’s actual separation date for purposes of the

8 Thrift Savings Plan.

9 ‘‘(e) Regulations to carry out this section may be pre10 scribed by the Office of Personnel Management and the

11 Executive Director (within the meaning of section

12 8401(13)) with respect to matters within their respective

13 areas of jurisdiction.

14 ‘‘(f) This section shall take effect as of the first day

15 of the Congress next beginning after the date of the enact16 ment of the Limited Congressional Pension Act of 1995.’’.

17 (b) CONFORMING AMENDMENT.—The table of sec18 tions for chapter 83 of title 5, United States Code, is

19 amended by adding at the end the following:

‘‘8352. Limitations relating to Members.’’.

20 SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EM21 PLOYEES’ RETIREMENT SYSTEM.

22 (a) IN GENERAL.—Subchapter I of chapter 84 of title

23 5, United States Code, is amended by adding at the end

24 the following:
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1 ‘‘§ 8404. Limitations relating to Members

2 ‘‘(a)(1) For the purpose of this section—

3 ‘‘(A) the term ‘maximum allowable period of

4 member service’ means the greater of—

5 ‘‘(i) 12 years of member service; or

6 ‘‘(ii) the total number of years of member

7 service completed by the Member before the ef8 fective date of this section (expressed in terms

9 of the full years and twelfth parts thereof, ex10 cluding from the aggregate the fractional part

11 of a month, if any);

12 ‘‘(B) the term ‘deemed separation date’, as

13 used with respect to a Member, means the date such

14 Member is deemed under subsection (b)(1)(A) or

15 (B), as the case may be, to have separated from

16 service as a Member;

17 ‘‘(C) the term ‘deemed separation’ means a sep18 aration deemed to have occurred under subsection

19 (b)(1)(A) or (B); and

20 ‘‘(D) the term ‘member service’ means any

21 service as a Member and any service constituting

22 member service within the meaning of section

23 8331(14).

24 ‘‘(2) This section shall apply with respect to any indi25 vidual serving as a Member on or after the effective date
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1 of this section, excluding a reemployed annuitant whose

2 annuity commenced before such effective date.

3 ‘‘(b) Except as otherwise provided in this section—

4 ‘‘(1)(A) any Member who has completed the

5 maximum allowable period of member service before

6 the effective date of this section shall, for purposes

7 of this chapter, be deemed to have separated from

8 service on the day before such effective date; and

9 ‘‘(B) any Member who completes the maximum

10 allowable period of member service on or after the

11 effective date of this section shall, for purposes of

12 this chapter, be deemed to have separated from serv13 ice on the date on which such Member completes the

14 maximum allowable period of member service; and

15 ‘‘(2) any Member who is deemed to have sepa16 rated from service under subparagraph (A) or (B) of

17 paragraph (1)—

18 ‘‘(A) may not thereafter remain or become

19 subject to the Federal Employees’ Retirement

20 System as a Member of Congress (as defined by

21 section 2106); and

22 ‘‘(B) for purposes of this chapter, shall,

23 while thereafter serving as a Member of Con24 gress (as so defined), be treated in the same
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1 way as a former Member not then performing

2 Government service.

3 ‘‘(c)(1) This subsection shall apply with respect to

4 any Member described in subsection (b)(1)(A) or (B).

5 ‘‘(2) A Member to whom this subsection applies shall

6 not be eligible for an immediate or deferred annuity based

7 on any deemed separation. Rather, actual separation must

8 occur in order to be eligible for such an annuity.

9 ‘‘(3) For purposes of determining whether a Member

10 satisfies the age and service requirements for title to an

11 annuity—

12 ‘‘(A) the Member’s age as of the Member’s

13 deemed separation date shall be used; and

14 ‘‘(B) the Member’s total service as of the Mem15 ber’s deemed separation date shall be used, subject

16 to paragraph (6).

17 However, for purposes of determining eligibility for an an18 nuity supplement under section 8421, the Member’s actual

19 age shall be used.

20 ‘‘(4) For purposes of any computation of annuity—

21 ‘‘(A) average pay shall be determined disregard22 ing pay for any member service performed after the

23 Member’s deemed separation date; and
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1 ‘‘(B) the Member’s total service shall be equal

2 to the total service determined under paragraph

3 (3)(B).

4 Any annuity supplement under section 8421 shall be com5 puted in a manner consistent with the preceding sentence.

6 ‘‘(5)(A) Any deadline (such as for making an election

7 or making a deposit) which is fixed by reference to date

8 of separation shall be applied using the Member’s actual

9 separation date.

10 ‘‘(B) Any determination as to the marital status of

11 the Member and any similar determination shall be made

12 based on the Member’s actual separation date.

13 ‘‘(6) For purposes of determining any period of mili14 tary service which is creditable for purposes of section

15 8411(c), the date of separation from service as a Member

16 shall be the Member’s actual separation date.

17 ‘‘(d)(1) No contribution to the Thrift Savings Fund

18 may be made by or for the benefit of any Member (includ19 ing under section 8432(c)(1)) with respect to any pay pe20 riod beginning on or after the effective date of this section.

21 ‘‘(2) Except as provided in paragraph (1), nothing

22 in this section shall be considered to permit or require that

23 a Member be treated as having separated before such

24 Member’s actual separation date for purposes of the

25 Thrift Savings Plan.
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1 ‘‘(e) Regulations to carry out this section may be pre2 scribed by the Office of Personnel Management and the

3 Executive Director with respect to matters within their re4 spective areas of jurisdiction.

5 ‘‘(f) This section shall take effect as of the first day

6 of the Congress next beginning after the date of the enact7 ment of the Limited Congressional Pension Act of 1995.’’.

8 (b) CONFORMING AMENDMENT.—The table of sec9 tions for chapter 83 of title 5, United States Code, is

10 amended by adding at the end the following:

‘‘8404. Limitations relating to Members.’’.

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