I

103D CONGRESS

1ST SESSION H. R. 3325

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

OCTOBER 20, 1993

Mr. SHAYS (for himself, Mr. ANDREWS of Texas, Mr. WALSH, Mr. KOLBE,

Mr. SMITH of Texas, Mr. BOEHNER, Mr. FRANK of Massachusetts, and

Mr. BALLENGER) 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

2 UNDER CSRS.

3 (a) AMENDMENT RELATING TO RETIREMENT AT

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

5 of title 5, United States Code, is amended to read as fol6 lows:

7 ‘‘(a)(1)(A) Subject to paragraph (2), an employee

8 who is separated from the service after attaining the mini9 mum retirement age under subparagraph (B) and com10 pleting 30 years of service is entitled to an annuity.

11 ‘‘(B) The minimum retirement age under this sub12 paragraph shall be determined in accordance with the

13 following:

The minimum

retirement age

‘‘For those whose date under this

of separation occurs subparagraph is

Before January 1, 1996 ........................................................... 55

After December 31, 1995, and before January 1, 1998 ......... 56

After December 31, 1997, and before January 1, 2000 ......... 57

After December 31, 1999, and before January 1, 2002 ......... 58

After December 31, 2001, and before January 1, 2004 ......... 59

After December 31, 2003, and before January 1, 2006 ......... 60

After December 31, 2005, and before January 1, 2008 ......... 61

After December 31, 2007, and before January 1, 2010 ......... 62

After December 31, 2009, and before January 1, 2012 ......... 63

After December 31, 2011, and before January 1, 2014 ......... 64.

14 ‘‘(2) Any employee who, after December 31, 2013,

15 is separated from the service after becoming 65 years of

16 age and completing 5 years of service is entitled to an an17 nuity.’’.

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 fol2 lows:

3 ‘‘(b)(1) Subject to paragraph (2), an employee who

4 is separated from the service after becoming 60 years of

5 age and completing 20 years of service is entitled to an

6 annuity.

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

8 any employee whose date of separation occurs after De9 cember 31, 2003.’’.

10 (c) AMENDMENT RELATING TO RETIREMENT AT AGE

11 62 WITH 5 YEARS OF SERVICE.—Section 8336(f) of title

12 5, United States Code, is amended to read as follows:

13 ‘‘(f)(1) Subject to paragraph (2), an employee who

14 is separated from the service after becoming 62 years of

15 age and completing 5 years of service is entitled to an an16 nuity.

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

18 any employee whose date of separation occurs after De19 cember 31, 2007.’’.

20 (d) REDUCTION FOR EARLY RETIREMENT.—The

21 first sentence of section 8339(h) of title 5, United States

22 Code, is amended by striking ‘‘55 years of age’’ and insert23 ing ‘‘the minimum age required to be eligible to retire

24 under paragraph (1) or (2) of section 8336(a) (as the case

25 may be)’’.
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1 SEC. 3. REVISED AGE AND SERVICE REQUIREMENTS

2 UNDER FERS.

3 (a) AMENDMENT RELATING TO RETIREMENT AT

4 AGE 55 to 57 WITH 30 YEARS OF SERVICE.—Section

5 8412(a) of title 5, United States Code, is amended to read

6 as follows:

7 ‘‘(a)(1) An employee or Member who, before January

8 1, 2000, is separated from the service after attaining the

9 applicable minimum retirement age under subsection (h)

10 and completing 30 years of service is entitled to an annu11 ity.

12 ‘‘(2)(A) Subject to paragraph (3), an employee or

13 Member who, after December 31, 1999, is separated from

14 the service after attaining the minimum retirement age

15 under subparagraph (B) and completing 30 years of serv16 ice is entitled to an annuity.

17 ‘‘(B) The minimum retirement age under this sub18 paragraph shall be determined in accordance with the

19 following:

The minimum

retirement age

‘‘For those whose date under this

of separation occurs subparagraph is

After December 31, 1999, and before January 1, 2002 ......... 58

After December 31, 2001, and before January 1, 2004 ......... 59

After December 31, 2003, and before January 1, 2006 ......... 60

After December 31, 2005, and before January 1, 2008 ......... 61

After December 31, 2007, and before January 1, 2010 ......... 62

After December 31, 2009, and before January 1, 2012 ......... 63

After December 31, 2011, and before January 1, 2014 ......... 64.

20 ‘‘(3) Any employee or Member who, after December

21 31, 2013, is separated from the service after becoming 65
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1 years of age and completing 5 years of service is entitled

2 to an annuity.’’.

3 (b) AMENDMENT RELATING TO RETIREMENT AT

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

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

6 follows:

7 ‘‘(b)(1) Subject to paragraph (2), an employee or

8 Member who is separated from the service after becoming

9 60 years of age and completing 20 years of service is enti10 tled to an annuity.

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

12 any employee or Member whose date of separation occurs

13 after December 31, 2003.’’.

14 (c) AMENDMENT RELATING TO RETIREMENT AT AGE

15 62 WITH 5 YEARS OF SERVICE.—

16 Section 8412(c) of title 5, United States Code, is

17 amended to read as follows:

18 ‘‘(c)(1) Subject to paragraph (2), an employee or

19 Member who is separated from the service after becoming

20 62 years of age and completing 5 years of service is enti21 tled to an annuity.

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

23 any employee or Member whose date of separation occurs

24 after December 31, 2007.’’.
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1 (d) REDUCTION FOR EARLY RETIREMENT.—Section

2 8415(f)(1) of title 5, United States Code, is amended by

3 striking ‘‘the sixty–second anniversary of the birth of the

4 employee or Member’’ and inserting ‘‘the date as of which

5 such employee or Member attains the minimum retirement

6 age required to be eligible to retire under paragraph (1),

7 (2), or (3) of section 8412(a) (as the case may be)’’.

8 SEC. 4. ELIMINATION OF AGE AND SERVICE REQUIRE9 MENTS SPECIFIC TO MEMBERS OF CON10 GRESS.

11 (a) ELIMINATION OF REQUIREMENTS.—Sections

12 8336(g) and 8412(f) of title 5, United States Code, are

13 repealed.

14 (b) MEMBERS MADE SUBJECT TO THE GENERALLY

15 APPLICABLE REQUIREMENTS.—

16 (1) RETIREMENT AT AGE 55 WITH 30 YEARS OF

17 SERVICE.—Section 8336(a) of title 5, United States

18 Code, as amended by section 2(a), is further amend19 ed by inserting ‘‘or Member’’ after ‘‘employee’’ each

20 place it appears.

21 (2) RETIREMENT AT AGE 60 WITH 20 YEARS OF

22 SERVICE.—Section 8336(b) of title 5, United States

23 Code, as amended by section 2(b), is further amend24 ed by inserting ‘‘or Member’’ after ‘‘employee’’ each

25 place it appears.
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1 (3) RETIREMENT AT AGE 62 WITH 5 YEARS OF

2 SERVICE.—Section 8336(f) of title 5, United States

3 Code, as amended by section 2(c), is further amend4 ed by inserting ‘‘or Member’’ after ‘‘employee’’ each

5 place it appears.

6 (c) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect on January 1, 1996, and shall

8 apply with respect to separations occurring on or after

9 that date.

10 SEC. 5. FIREFIGHTERS; LAW ENFORCEMENT OFFICERS; AIR

11 TRAFFIC CONTROLLERS.

12 (a) YEARS OF SERVICE REQUIRED FOR AN IMME13 DIATE ANNUITY UNDER CSRS—

14 (1) SCHEDULE FOR INCREASING YEARS RE15 QUIRED TO 30.—Section 8336 of title 5, United

16 States Code, is amended by adding at the end the

17 following:

18 ‘‘(o)(1) The minimum years of service required under

19 this paragraph shall be determined in accordance with the

20 following:

The minimum

number of years of service

‘‘For those whose date required under this

of separation occurs paragraph is

Before January 1, 1996 ........................................................... 25

After December 31, 1995, and before January 1, 1998 ......... 26

After December 31, 1997, and before January 1, 2000 ......... 27

After December 31, 1999, and before January 1, 2002 ......... 28

After December 31, 2001, and before January 1, 2004 ......... 29

After December 31, 2003 ........................................................ 30.
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1 ‘‘(2) The minimum years of service required under

2 this paragraph shall be determined in accordance with the

3 following:

The minimum

number of years of service

‘‘For those whose date required under this

of separation occurs paragraph is

Before January 1, 1996 ........................................................... 20

After December 31, 1995, and before January 1, 1998 ......... 21

After December 31, 1997, and before January 1, 2000 ......... 22

After December 31, 1999, and before January 1, 2002 ......... 23

After December 31, 2001, and before January 1, 2004 ......... 24

After December 31, 2003, and before January 1, 2006 ......... 25

After December 31, 2005, and before January 1, 2008 ......... 26

After December 31, 2007, and before January 1, 2010 ......... 27

After December 31, 2009, and before January 1, 2012 ......... 28

After December 31, 2011, and before January 1, 2014 ......... 29

After December 31, 2013 ........................................................ 30.’’.

4 (2) LAW ENFORCEMENT OFFICERS AND FIRE5 FIGHTERS.—Section 8336(c)(1) of title 5, United

6 States Code, is amended to read as follows:

7 ‘‘(c)(1) An employee who is separated from the serv8 ice after becoming 50 years of age and completing a total

9 number of years of service as a law enforcement officer

10 or firefighter (including a combination of both types of

11 service) equal to at least the number of years required

12 under section 8336(o)(2) is entitled to an annuity.’’.

13 (3) AIR TRAFFIC CONTROLLERS.—Section

14 8336(e) of title 5, United States Code, is amended

15 to read as follows:

16 ‘‘(e) An employee who is voluntarily or involuntarily

17 separated from the service, except by removal for cause

18 on charges of misconduct or delinquency, after—
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1 ‘‘(1) completing a number of years of service, at

2 least equal to the number of years required under

3 section 8336(o)(1), as an air traffic controller, or

4 ‘‘(2) becoming 50 years of age and completing

5 a number of years of service, at least equal to the

6 number of years required under section 8336(o)(2),

7 as an air traffic controller,

8 is entitled to an annuity.’’.

9 (4) MEMBERS OF THE CAPITOL POLICE.—Sec10 tion 8336(m) of title 5, United States Code, is

11 amended to read as follows:

12 ‘‘(m) A member of the Capitol Police who is sepa13 rated from the service after becoming 50 years of age and

14 completing a total number of years of service as a member

15 of the Capitol Police or as a law enforcement officer (in16 cluding a combination of both types of service) equal to

17 at least the number of years required under section

18 8336(o)(2) is entitled to an annuity.’’.

19 (b) YEARS OF SERVICE REQUIRED FOR AN IMME20 DIATE ANNUITY UNDER FERS.—

21 (1) SCHEDULE FOR INCREASING YEARS RE22 QUIRED TO 30.—Section 8412 of title 5, United

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

24 following:
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1 ‘‘(i)(1) The minimum years of service required under

2 this paragraph shall be determined in accordance with the

3 following:

The minimum

number of years of service

‘‘For those whose date required under this

of separation occurs paragraph is

Before January 1, 1996 ........................................................... 25

After December 31, 1995, and before January 1, 1998 ......... 26

After December 31, 1997, and before January 1, 2000 ......... 27

After December 31, 1999, and before January 1, 2002 ......... 28

After December 31, 2001, and before January 1, 2004 ......... 29

After December 31, 2003 ........................................................ 30.

4 ‘‘(2) The minimum years of service required under

5 this paragraph shall be determined in accordance with the

6 following:

The minimum

number of years of service

‘‘For those whose date required under this

of separation occurs paragraph is

Before January 1, 1996 ........................................................... 20

After December 31, 1995, and before January 1, 1998 ......... 21

After December 31, 1997, and before January 1, 2000 ......... 22

After December 31, 1999, and before January 1, 2002 ......... 23

After December 31, 2001, and before January 1, 2004 ......... 24

After December 31, 2003, and before January 1, 2006 ......... 25

After December 31, 2005, and before January 1, 2008 ......... 26

After December 31, 2007, and before January 1, 2010 ......... 27

After December 31, 2009, and before January 1, 2012 ......... 28

After December 31, 2011, and before January 1, 2014 ......... 29

After December 31, 2013 ........................................................ 30.’’.

7 (2) LAW ENFORCEMENT OFFICERS, MEMBERS

8 OF THE CAPITOL POLICE, AND FIREFIGHTERS.—Sec9 tion 8412(d) of title 5, United States Code, is

10 amended to read as follows:

11 ‘‘(d) An employee who is separated from the service,

12 except by removal for cause on charges of misconduct or

13 delinquency, after—
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1 ‘‘(1) completing a total number of years of serv2 ice as a law enforcement officer, member of the Cap3 itol Police, or firefighter (including any combination

4 of such service) totaling at least the number of years

5 required under subsection (i)(1), or

6 ‘‘(2) becoming 50 years of age and completing

7 a total number of years of service as a law enforce8 ment officer, member of the Capitol Police, or fire9 fighter (including any combination of such service)

10 totaling at least the number of years required under

11 subsection (i)(2),

12 is entitled to an annuity.’’.

13 (3) AIR TRAFFIC CONTROLLERS.—Section

14 8412(e) of title 5, United States Code, is amended

15 to read as follows:

16 ‘‘(e) An employee who is separated from the service,

17 except by removal for cause on charges of misconduct or

18 delinquency, after—

19 ‘‘(1) completing a number of years of service, at

20 least equal to the number of years required under

21 section 8412(i)(1), as an air traffic controller, or

22 ‘‘(2) becoming 50 years of age and completing

23 a number of years of service, at least equal to the

24 number of years required under section 8412(i)(2),

25 as an air traffic controller,
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1 is entitled to an annuity.’’.

2 (c) MANDATORY SEPARATION UNDER CSRS.—

3 (1) LAW ENFORCEMENT OFFICERS AND FIRE4 FIGHTERS.—Section 8335(b) of title 5, United

5 States Code, is amended by striking the first 2 sen6 tences and inserting the following: ‘‘A firefighter

7 who is otherwise eligible for immediate retirement

8 under section 8336(c) shall be separated from the

9 service on the last day of the month in which such

10 firefighter becomes 55 years of age or completes the

11 minimum number of years of service required to re12 tire under section 8336(c) if then over that age. A

13 law enforcement officer who is otherwise eligible for

14 immediate retirement under section 8336(c) shall be

15 separated from the service on the last day of the

16 month in which that officer becomes 57 years of age

17 or completes the minimum number of years of serv18 ice required to retire under section 8336(c) if then

19 over that age.’’.

20 (2) MEMBERS OF THE CAPITOL POLICE.—Sec21 tion 8335(d) of title 5, United States Code, is

22 amended by striking the first sentence and inserting

23 the following: ‘‘A member of the Capitol Police who

24 is otherwise eligible for immediate retirement under

25 section 8336(m) shall be separated from the service
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1 on the last day of the month in which such member

2 becomes 55 years of age or completes the minimum

3 number of years of service required to retire under

4 section 8336(m) if then over that age.’’.

5 (d) MANDATORY SEPARATION UNDER FERS.—

6 (1) LAW ENFORCEMENT OFFICERS, MEMBERS

7 OF THE CAPITOL POLICE, AND FIREFIGHTERS.—Sec8 tion 8412(b) of title 5, United States Code, is

9 amended by striking the first 2 sentences and insert10 ing the following: ‘‘A member of the Capitol Police

11 or firefighter who is otherwise eligible for immediate

12 retirement under section 8412(d) shall be separated

13 from the service on the last day of the month in

14 which such member or firefighter becomes 55 years

15 of age or completes the minimum number of years

16 of service required to retire under section 8412(d) if

17 then over that age. A law enforcement officer who

18 is otherwise eligible for immediate retirement under

19 section 8412(d) shall be separated from the service

20 on the last day of the month in which that law en21 forcement officer becomes 57 years of age or com22 pletes the minimum number of years of service re23 quired to retire under section 8412(d) if then over

24 that age.’’.
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1 (2) AIR TRAFFIC CONTROLLERS.—Section

2 8412(a) of title 5, United States Code, is amended

3 by striking the first sentence and inserting the fol4 lowing: ‘‘An air traffic controller who is otherwise el5 igible for immediate retirement under section

6 8412(e) shall be separated from the service on the

7 last day of the month in which that air traffic con8 troller becomes 56 years of age or completes the

9 minimum number of years of service required to re10 tire under section 8412(e) if then over that age.’’.

11 SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.

12 (a) DEFERRED RETIREMENT.—

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

14 States Code, is amended by striking ‘‘years.’’ and in15 serting ‘‘years or, if higher, the minimum age then

16 required to be eligible to retire under paragraph (1)

17 or (2) of section 8336(a), as the case may be.’’.

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

19 States Code, is amended by striking ‘‘years.’’ and in20 serting ‘‘years or, if higher, the minimum age then

21 required to be eligible to retire under paragraph (1),

22 (2), or (3) of section 8412(a), as the case may be.’’.

23 (b) IMMEDIATE ANNUITY UNDER FERS WITH

24 RIGHT TO DEFER COMMENCEMENT DATE.—Section

25 8412(g) of title 5, United States Code, is amended—
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1 (1) in paragraph (1) by inserting after ‘‘sub2 section (h)’’ the following: ‘‘, or, if higher, the mini3 mum age then required to be eligible to retire under

4 paragraph (1), (2), or (3) of section 8412(a), as ap5 plicable,’’; and

6 (2) in paragraph (2) by striking ‘‘62 years of

7 age.’’ and inserting ‘‘65 years of age’’.

8 (c) ELIMINATION OF HIGHER PERCENTAGE USED IN

9 FERS COMPUTATIONS AFTER 2007.—Section 8415(g)(2)

10 of title 5, United States Code, is amended by striking

11 ‘‘controller.’’ and inserting ‘‘controller, or in the case of

12 any benefits computed based on a separation occurring

13 after December 31, 2007.’’.

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