II

104TH CONGRESS

1ST SESSION S. 228

To amend certain provisions of title 5, United States Code, relating to

the treatment of Members of Congress and Congressional employees

for retirement purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 13 (legislative day, JANUARY 10), 1995

Mr. BRYAN (for himself, Mr. THOMPSON, Mr. SANTORUM, and Mr. INHOFE)

introduced the following bill; which was read twice and referred to the

Committee on Governmental Affairs

A BILL

To amend certain provisions of title 5, United States Code,

relating to the treatment of Members of Congress and

Congressional employees for retirement 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. FEDERAL RETIREMENT PROVISIONS RELATING

4 TO MEMBERS OF CONGRESS AND CONGRES5 SIONAL EMPLOYEES.

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

7 ‘‘Congressional Annuity Reform Act of 1995’’.

8 (b) RELATING TO THE MAXIMUM ANNUITY ALLOW9 ABLE PURSUANT TO COST-OF-LIVING ADJUSTMENTS.—
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1 Section 8340(g)(1) of title 5, United States Code, is

2 amended—

3 (1) in subparagraph (A) by striking ‘‘or’’ after

4 the semicolon;

5 (2) in subparagraph (B)—

6 (A) by striking ‘‘employee or Member’’ and

7 inserting ‘‘employee’’;

8 (B) by striking ‘‘employee or Member,’’

9 and inserting ‘‘employee,’’;

10 (C) by striking ‘‘employee’s or Member’s’’

11 and inserting ‘‘employee’s’’; and

12 (D) by striking the period at the end of

13 subparagraph (B)(ii) and inserting ‘‘; or’’; and

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

15 ‘‘(C) the final pay of the Member with respect

16 to whom the annuity is paid.’’.

17 (c) RELATING TO THE YEARS OF SERVICE AS A MEM18 BER OF CONGRESS AND CONGRESSIONAL EMPLOYEES

19 FOR PURPOSES OF COMPUTING AN ANNUITY.—

20 (1) CSRS.—Section 8339 of title 5, United

21 States Code, is amended—

22 (A) by striking subsections (b) and (c);

23 and

24 (B) in subsection (a) by inserting ‘‘or

25 Member’’ after ‘‘employee’’.
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1 (2) FERS.—Section 8415 of title 5, United

2 States Code, is amended—

3 (A) by striking subsections (b) and (c);

4 (B) in subsections (a) and (g) by inserting

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

6 appears; and

7 (C) in subsection (g)(2) by striking out

8 ‘‘Congressional employee’’.

9 (d) CONTRIBUTION RATES.—

10 (1) CSRS.—(A) Section 8334(a)(1) of title 5,

11 United States Code, is amended—

(i) by striking out ‘‘of an employee, 71 12 ⁄2

13 percent of the basic pay of a Congressional em14 ployee,’’ and inserting in lieu thereof ‘‘of an em15 ployee, a Member,’’; and

16 (ii) by striking out ‘‘basic pay of a Mem17 ber,’’ and inserting in lieu thereof ‘‘basic pay

18 of’’.

19 (B) The table under section 8334(c) of title 5,

20 United States Code, is amended—

21 (i) in the item relating to Member or em22 ployee for Congressional employee service by

23 striking out

‘‘ 71⁄2....... After December 31, 1969.’’
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1 and inserting in lieu thereof

‘‘ 71⁄2....... December 31, 1969 to (but not including)

the effective date of the Congressional

Annuity Reform Act of 1995.

‘‘ 7.......... On and after the effective date of the Congressional Annuity Reform Act of

1995.’’;

2 and

3 (ii) in the item relating to Member for

4 Member service by striking out

‘‘ 8.......... After December 31, 1969.’’

5 and inserting in lieu thereof

‘‘ 8.......... December 31, 1969 to (but not including)

the effective date of the Congressional

Annuity Reform Act of 1995.

‘‘ 7.......... On and after the effective date of the Congressional Annuity Reform Act of

1995.’’.

6 (2) FERS.—Section 8422(a)(2) of title 5, Unit7 ed States Code, is amended—

8 (A) in subparagraph (A) by striking out

9 ‘‘employee (other than a law enforcement offi10 cer, firefighter, air traffic controller, or Con11 gressional employee)’’ and inserting in lieu

12 thereof ‘‘employee or Member (other than a law

13 enforcement officer, firefighter, or air traffic

14 controller)’’; and

15 (B) in subparagraph (B)—

16 (i) by striking out ‘‘a Member,’’; and
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1 (ii) by striking out ‘‘air traffic con2 troller, or Congressional employee,’’ and

3 inserting in lieu thereof ‘‘or air traffic con4 troller,’’.

5 (e) ADMINISTRATIVE REGULATIONS.—The Secretary

6 of the Senate and the Clerk of the House of Representa7 tives, in consultation with the Office of Personnel Manage8 ment, may prescribe regulations to carry out the provi9 sions of this section and the amendments made by this

10 section for applicable employees and Members of Con11 gress.

12 (f) EFFECTIVE DATES.—

13 (1) SHORT TITLE.—Subsection (a) shall take

14 effect on the date of the enactment of this Act.

15 (2) COLA ADJUSTMENTS.—The amendments

16 made by subsection (b) shall take effect on the date

17 of the enactment of this Act and shall apply with re18 spect to annuities commencing on or after November

19 6, 1996.

20 (3) YEARS OF SERVICE; ANNUITY COMPUTA21 TION.—(A) The amendments made by subsection (c)

22 shall take effect on the date of the enactment of this

23 Act and shall apply only with regard to the computa24 tion of an annuity relating to—
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1 (i) the service of a Member of Congress as

2 a Member or as a Congressional employee per3 formed after November 6, 1996; and

4 (ii) the service of a Congressional employee

5 as a Congressional employee performed after

6 November 6, 1996.

7 (B) An annuity shall be computed as though

8 the amendments made under subsection (c) had not

9 been enacted with regard to—

10 (i) the service of a Member of Congress as

11 a Member or a Congressional employee or mili12 tary service performed before November 6,

13 1996; and

14 (ii) the service of a Congressional employee

15 as a Congressional employee or military service

16 performed before November 6, 1996.

17 (4) CONTRIBUTION RATES.—The amendments

18 made by subsection (d) shall take effect on the first

19 day of the first applicable pay period beginning on

20 or after November 6, 1996.

21 (5) REGULATIONS.—The provisions of sub22 section (e) shall take effect on the date of the enact23 ment of this Act.

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