II

104TH CONGRESS

2D SESSION S. 1776

To amend title 5, United States Code, to impose certain limitations relating

to participation by a Member of Congress in the Civil Service Retirement

System or the Federal Employees’ Retirement System.

IN THE SENATE OF THE UNITED STATES

MAY 16, 1996

Mr. INHOFE (for himself, Mr. ABRAHAM, Mr. ASHCROFT, Mr. BROWN, Mr.

COVERDELL, Mr. FAIRCLOTH, Mr. GRAMS, Mr. KYL, Mr. SANTORUM,

Mr. SMITH, Mr. THOMAS, and Mr. THOMPSON) introduced the following

bill; which was read twice and referred to the Committee on Governmental Affairs

A BILL

To amend title 5, United States Code, to impose certain

limitations relating to participation by a Member of Congress in 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. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.

4 (a) LIMITATION.—Chapter 84 of title 5, United

5 States Code, is amended by inserting after section 8410

6 the following:
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•S 1776 IS

1 ‘‘§ 8410a. Limitation relating to Members

2 ‘‘(a) This section shall apply with respect to any

3 Member serving as—

4 ‘‘(1) a Member of the House of Representatives

5 after completing 12 years of service as a Member of

6 the House of Representatives; or

7 ‘‘(2) a Senator after completing 12 years of

8 service as a Senator.

9 ‘‘(b) A Member to whom this section applies remains

10 subject to this chapter, except as follows:

11 ‘‘(1)(A) Deductions under section 8422 shall

12 not be made from any pay for service performed as

13 such a Member.

14 ‘‘(B) Government contributions under section

15 8423 shall not be made with respect to any such

16 Member.

17 ‘‘(C) Service performed as such a Member shall

18 not be taken into account for purposes of any com19 putation under section 8415.

20 ‘‘(2) Government contributions under section

21 8432(c) shall not be made with respect to any period

22 of service performed as such a Member.

23 ‘‘(c) Nothing in subsection (b) shall be considered to

24 prevent any period of service from being taken into ac25 count for purposes of determining whether any age and
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•S 1776 IS

1 service requirements for entitlement to an annuity have

2 been met.

3 ‘‘(d) For purposes of subsection (a)—

4 ‘‘(1) only service performed after the 104th

5 Congress shall be taken into account; and

6 ‘‘(2) service performed while subject to sub7 chapter III of chapter 83 (if any) shall be treated

8 in the same way as if it had been performed while

9 subject to this chapter.

10 ‘‘(e) For purposes of this section, the term ‘Member

11 of the House of Representatives’ includes a Delegate to

12 the House of Representatives and the Resident Commis13 sioner from Puerto Rico.’’.

14 (b) TABLE OF CONTENTS.—The table of contents for

15 chapter 84 of title 5, United States Code, is amended by

16 inserting after the item relating to section 8410 the follow17 ing:

‘‘8410a. Limitation relating to Members.’’.

18 SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.

19 (a) LIMITATION.—Chapter 83 of title 5, United

20 States Code, is amended by inserting after section 8333

21 the following:

22 ‘‘§ 8333a. Limitation relating to Members

23 ‘‘(a) This section shall apply with respect to any

24 Member serving as—
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•S 1776 IS

1 ‘‘(1) a Member of the House of Representatives

2 after completing 12 years of service as a Member of

3 the House of Representatives; or

4 ‘‘(2) a Senator after completing 12 years of

5 service as a Senator.

6 ‘‘(b) A Member to whom this section applies remains

7 subject to this subchapter, except as follows:

8 ‘‘(1) Deductions under the first sentence of sec9 tion 8334(a) shall not be made from any pay for

10 service performed as such a Member.

11 ‘‘(2) Government contributions under the sec12 ond sentence of section 8334(a) shall not be made

13 with respect to any such Member.

14 ‘‘(3) Service performed as such a Member shall

15 not be taken into account for purposes of any com16 putation under section 8339, except in the case of

17 a disability annuity.

18 ‘‘(c)(1) Nothing in subsection (b) shall be considered

19 to prevent any period of service from being taken into ac20 count for purposes of determining whether any age and

21 service requirements for entitlement to an annuity have

22 been met.

23 ‘‘(2) Nothing in subsection (b) or (c) of section 8333

24 shall apply with respect to a Member who, at the time

25 of separation, is a Member to whom this section applies.
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1 ‘‘(d) For purposes of subsection (a), only service per2 formed after the 104th Congress shall be taken into ac3 count.

4 ‘‘(e) For purposes of this section, the term ‘Member

5 of the House of Representatives’ includes a Delegate to

6 the House of Representatives and the Resident Commis7 sioner from Puerto Rico.’’.

‘‘8333a. Limitation relating to Members of the House of Representatives.’’.

Æ