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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1045 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1045

  To amend title II of the Social Security Act to provide in certain 
 cases for an exchange of credits between the old-age, survivors, and 
disability insurance system and the civil service retirement system so 
as to enable individuals who have coverage under both systems to obtain 
           maximum benefits based on their combined service.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1993

Mrs. Byrne introduced the following bill; which was referred jointly to 
   the Committees on Ways and Means and Post Office and Civil Service

_______________________________________________________________________

                                 A BILL

 
  To amend title II of the Social Security Act to provide in certain 
 cases for an exchange of credits between the old-age, survivors, and 
disability insurance system and the civil service retirement system so 
as to enable individuals who have coverage under both systems to obtain 
           maximum benefits based on their combined service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That title II of the 
Social Security Act is amended by adding at the end thereof the 
following new section:

    ``exchange of credits between social security and civil service 
                           retirement systems

    ``Sec. 230. Under Regulations Prescribed by the Secretary in 
Consultation With the Civil Service Commission.--
            ``(a)(1) If an individual age 65 or over--
                    ``(A) is eligible for any annuity under subchapter 
                III of chapter 83 of title 5, United States Code, and 
                has been credited with wages or self-employment income 
                (or both) for purposes of this title but is not 
                eligible for benefits under section 202(a), or
                    ``(B) is eligible both for benefits under section 
                202(a) and for an annuity under subchapter III of 
                chapter 83 of such title 5, but the monthly total of 
                such benefits plus such annuity is less than the 
                monthly amount to which such annuity would be increased 
                if the wages and self-employment income with which he 
                has been credited for purposes of this title had 
                instead constituted basic pay for employment creditable 
                for civil service retirement purposes under section 
                8332 of such title 5, or
                    ``(C) is not eligible either for benefits under 
                section 202(a) or for an annuity under subchapter III 
                of chapter 83 of such title 5, but (i) he would be 
                eligible for an annuity under such subchapter III if 
                all wages and self-employment income with which he has 
                been credited for purposes of this title had instead 
                constituted basic pay for employment creditable for 
                civil service retirement purposes under section 8332 of 
                such title 5, and (ii) the monthly amount of such 
                annuity would be greater than the monthly amount of any 
                benefits for which he would be eligible under section 
                202(a) if the amount of any basic pay which he actually 
                received for employment so creditable had instead 
                constituted wages or self-employment income for 
                purposes of this title,
        then, upon written request filed by or on behalf of such 
        individual (in such manner and form as may be provided in such 
        regulations), all wages and self-employment income with which 
        such individual has theretofore been credited for purposes of 
        this title shall be treated for purposes of such subchapter III 
        (effective with respect to months after the month in which the 
        request is filed) as constituting basic pay received by such 
        individual for employment creditable under section 8332 of such 
        title 5, and as having been received in the same amounts and at 
        the same times as they were actually received for purposes of 
        this title; and the entries in the Secretary's records with 
        respect to such wages and self-employment income shall 
        thereupon be deleted.
            ``(2) If an individual age 65 or over--
                    ``(A) is eligible for benefits under section 
                202(a), and has been credited with basic pay for 
                employment creditable for civil service retirement 
                purposes under section 8332 of title 5, United States 
                Code, but is not eligible for an annuity under 
                subchapter III of chapter 83 of such title, or
                    ``(B) is eligible both for benefits under section 
                202(a) and for an annuity under subchapter III of 
                chapter 83 of such title 5, but the monthly total of 
                such benefits plus such annuity is less than the 
                monthly amount to which such benefits would be 
                increased if the basic pay with which he has been 
                credited for civil service retirement purposes under 
                section 8332 of such title 5 had instead constituted 
                wages or self-employment income for purposes of this 
                title, or
                    ``(C) is not eligible either for benefits under 
                section 202(a) or for an annuity under subchapter III 
                of chapter 83 of such title 5, but (i) he would be 
                eligible for benefits under section 202(a) if all basic 
                pay with which he has been credited for civil service 
                retirement purposes under section 8332 of such title 5 
                had instead constituted wages or self-employment income 
                for purposes of this title, and (ii) the monthly amount 
                of such benefits would be greater than the monthly 
                amount of any annuity for which he would be eligible 
                under subchapter III of chapter 83 of such title 5 if 
                the amount of any wages and self-employment income 
                which he actually received for purposes of this title 
                had instead constituted basic pay creditable under 
                section 8332 of such title 5,
        then, upon written request filed by or on behalf of such 
        individual (in such manner and form as may be provided in such 
        regulations), all basic pay with which such individual has 
        theretofore been credited for civil service retirement purposes 
        under section 8332 of such title 5 shall be treated for 
        purposes of this title (effective with respect to months after 
        the month in which the request is filed) as constituting wages 
        and self-employment income, and as having been received in the 
        same amounts and at the same times as they were actually 
        received for purposes of such subchapter III; and the entries 
        in the Civil Service Commission's records with respect to such 
        basic pay shall thereupon be deleted.
            ``(3) For purposes of paragraphs (1) and (2), the `monthly 
        amount' of an individual's benefit or annuity includes (in 
        addition to the monthly amount which is or would be payable to 
        such individual) the monthly amount of any benefit or annuity 
        which is or would be payable to other persons on the basis of 
        such individual's wages and self-employment income (in the case 
        of benefits under section 202) or on the basis of his 
        employment creditable under section 8332 of title 5, United 
        States Code (in the case of annuities under subchapter III of 
        chapter 83 of such title).
            ``(b)(1) Subject to paragraph (3), if a survivor of a 
        deceased individual--
                    ``(A) is eligible for an annuity under subchapter 
                III of chapter 83 of title 5, United States Code, on 
                the basis of such individual's creditable employment, 
                and such individual was credited with wages or self-
                employment income (or both) for purposes of this title 
                but such survivor is not eligible for benefits under 
                section 202(a) on the basis of such individual's wages 
                and self-employment income, or
                    ``(B) is eligible both for benefits under section 
                202(a) on the basis of such individual's wages and 
                self-employment income and for an annuity under 
                subchapter III of chapter 83 of such title 5 on the 
                basis of such individual's creditable employment, but 
                the monthly total of such benefits plus such annuity 
                for all survivors of such individual is less than the 
                monthly amount to which such annuity for all such 
                survivors would be increased if the wages and self-
                employment income with which such individual was 
                credited for purposes of this title had instead 
                constituted basic pay for employment creditable for 
                civil service retirement purposes under section 8332 of 
                such title 5, or
                    ``(C) is not eligible either for benefits under 
                section 202(a) on the basis of such individual's wages 
                and self-employment income or for an annuity under 
                subchapter III of chapter 83 of such title 5 on the 
                basis of such individual's creditable employment, but 
                (i) such survivor would be eligible for an annuity 
                under such subchapter III on the basis of such 
                individual's creditable employment if all wages and 
                self-employment income with which such individual was 
                credited for purposes of this title had instead 
                constituted basic pay for employment creditable for 
                civil service retirement purposes under section 8332 of 
                such title 5, and (ii) the monthly amount of such 
                annuity for all survivors of such individual would be 
                greater than the monthly amount of any benefit for 
                which such survivors would be eligible under section 
                202(a) on the basis of such individual's wages and 
                self-employment income if the amount of any basic pay 
                which he actually received for employment so creditable 
                had instead constituted wages of self-employment income 
                for purposes of this title,
        then, upon written request filed by or on behalf of such 
        survivor (in such manner and form as may be provided in such 
        regulations), all wages and self-employment income with which 
        such individual was credited for purposes of this title shall 
        be treated for purposes of such subchapter III (effective with 
        respect to months after the month in which the request is 
        filed) as constituting basic pay received by such individual 
        for employment creditable under section 8332 of such title 5, 
        and as having been received in the same amounts and at the same 
        times as they were actually received for purposes of this 
        title; and the entries in the Secretary's records with respect 
        to such wages and self-employment income shall thereupon be 
        deleted.
            ``(2) Subject to paragraph (3), if a survivor of a deceased 
        individual--
                    ``(A) is eligible for benefits under section 202(a) 
                on the basis of such individual's wages and self-
                employment income, and such individual was credited 
                with basic pay for employment creditable for civil 
                service retirement purposes under section 8332 of title 
                5, United States Code, but no such survivor is eligible 
                for an annuity under subchapter III of chapter 83 of 
                such title on the basis of such individual's creditable 
                employment, or
                    ``(B) is eligible both for benefits under section 
                202(a) on the basis of such individual's wages and 
                self-employment income and for an annuity under 
                subchapter III of chapter 83 of title 5 on the basis of 
                such individual's creditable employment, but the 
                monthly total of such benefits plus such annuity for 
                all survivors of such individual is less than the 
                monthly amount to which such benefits for all such 
                survivors would be increased if the basic pay with 
                which such individual was credited for civil service 
                retirement purposes under section 8332 of such title 5 
                had instead constituted wages or self-employment income 
                for purposes of this title, or
                    ``(C) is not eligible either for benefits under 
                section 202(a) on the basis of such individual's wages 
                and self-employment income or for an annuity under 
                subchapter III of chapter 83 of such title 5 on the 
                basis of such individual's creditable employment, but 
                (i) such survivor would be eligible for benefits under 
                section 202(a) on the basis of such individual's wages 
                on self-employment income if all basic pay with which 
                such individual was credited for civil service 
                retirement purposes under section 8332 of such title 5 
                had instead constituted wages or self-employment income 
                for purposes of this title, and (ii) the monthly amount 
                of such benefits for all survivors of such individual 
                would be greater than the monthly amount of any annuity 
                for which such survivors would be eligible under 
                subchapter III of chapter 83 of such title 5 on the 
                basis of such individual's creditable employment if the 
                amount of any wages and self-employment income which he 
                actually received for purposes of this title had 
                instead constituted basic pay creditable under section 
                8332 of such title 5,
        then, upon written request filed by or on behalf of such 
        survivor (in such manner and form as may be provided in such 
        regulations), all basic pay with which such individual was 
        credited for civil service retirement purposes under section 
        8332 of such title 5 shall be treated for purposes of this 
        title (effective with respect to months after the month in 
        which the request is filed) as constituting wages and self-
        employment income, and as having been received in the same 
        amounts and at the same times as they were actually received 
        for purposes of such subchapter III; and the entries in the 
        Civil Service Commission's records with respect to such basic 
        pay shall thereupon be deleted.
            ``(3)(A) No request filed by a survivor of a deceased 
        individual under paragraph (1) or (2) of this subsection shall 
        be accepted by the Secretary as a valid request unless--
                    ``(i) a request is also filed under such paragraph 
                by every other living survivor of such individual who 
                is eligible for benefits under section 202 on the basis 
                of such individual's wages and self-employment income 
                or for an annuity under subchapter III of chapter 83 of 
                title 5, United State Code, on the basis of such 
                individual's employment creditable under section 8332 
                of such title; and
                    ``(ii) written consent to the filing of such 
                request is given by any living survivor of such 
                individual who is not eligible for such benefits or 
                such annuity but who could become so eligible upon 
                attaining a specified age, upon the filing of such 
                request or requests, or upon the occurrence of some 
                other event.
            ``(B) No request may be filed by any survivor of a deceased 
        individual under this subsection if a request was filed by such 
        individual under subsection (a) prior to his death.
            ``(c) No request may be filed by any individual under 
        subsection (a) or by any survivor of such individual under 
        subsection (b) if such individual has received a refund of any 
        part of the retirement deductions made from his basic pay under 
        section 8334 of title 5, United States Code, or the 
        corresponding provisions of prior law, unless and until the 
        full amount of such refund has been deposited with interest as 
        provided in section 8334(d) of such title.
            ``(d) Any request made under subsection (a) or (b) shall be 
        irrevocable.
            ``(e) For purposes of this section, an individual is 
        `eligible' for benefits under section 202 or an annuity under 
        subchapter III of chapter 83 of title 5, United States Code, if 
        he is actually entitled to such benefits or annuity or would be 
        so entitled upon filing application therefor.
            ``(f)(1) If for any fiscal year beginning with the fiscal 
        year 1982 either the Federal Old-Age and Survivors Insurance 
        Trust Fund or the Civil Service Retirement and Disability Fund, 
        after taking into account any additional administrative 
        expenses incurred by it as a result of the operation of this 
        section, realizes a net gain (whether in the form of an actual 
        gain or a reduction in the amount of the net loss it would 
        otherwise have suffered) as a result of--
                    ``(A) the nonpayment of benefits or annuities 
                during such fiscal year with respect to individuals who 
                would have been entitled to benefits or annuities from 
                such fund (or would have been entitled to such benefits 
                or annuities in larger amounts) but for requests filed 
                under subsections (a) and (b) of this section, and
                    ``(B) the increase in interest earned by such fund 
                because of the nonpayment or reduced payment of 
                benefits or annuities pursuant to such requests,
        the Secretary of Health and Human Services shall transfer from 
        the Federal Old-Age and Survivors Insurance Trust Fund to the 
        Civil Service Retirement and Disability Fund (if the Federal 
        Old-Age and Survivors Insurance Trust Fund is the fund 
        realizing the gain), or the Civil Service Commission shall 
        transfer from the Civil Service Retirement and Disability Fund 
        to the Federal Old-Age and Survivors Insurance Trust Fund (if 
        the Civil Service Retirement and Disability Fund is the fund 
        realizing the gain), such amount as is jointly determined by 
        the Secretary and the Commission (in consultation with the 
        Secretary of the Treasury) to be equal to the gain so realized, 
        so as to place the transferring fund in the same position (at 
        the close of such fiscal year) as it would have been in if this 
        section had not been enacted.
            ``(2) If for any fiscal year beginning with the fiscal year 
        1982, after any transfer for such year under paragraph (1), 
        either the Federal Old-Age and Survivors Insurance Trust Fund 
        or the Civil Service Retirement and Disability Fund is jointly 
        determined by the Secretary and the Commission (in consultation 
        with the Secretary of the Treasury) to have suffered a loss on 
        account of--
                    ``(A) the payment of benefits or annuities from 
                such Fund during such fiscal year with respect to 
                individuals who would not have been entitled to such 
                benefits or annuities (or would have been entitled to 
                such benefits or annuities in smaller amounts) but for 
                requests filed under subsections (a) and (b) of this 
                section.
                    ``(B) additional administrative expenses incurred 
                by such Fund as a result of the payment or nonpayment 
                of benefits or annuities pursuant to such requests, and
                    ``(C) any loss of interest to such Fund as a result 
                of the payment of benefits or annuities pursuant to 
                such requests,
        there is hereby appropriated to such fund such amount as may be 
        necessary to place it in the same position at the close of such 
        fiscal year as it would have been in if this section had not 
        been enacted.''.
    Sec. 2. Section 8332 of title 5, United States Code, is amended by 
adding at the end thereof the following new subsection:
    ``(k) In accordance with section 230 of the Social Security Act 
(and notwithstanding any other provision of this subchapter)--
            ``(1) credit shall be allowed for gainful activity 
        otherwise constituting employment or self-employment for 
        purposes of title II of such Act to the extent that the wages 
        and self-employment income received for or derived from such 
        employment or self-employment is treated as basic pay for 
        employment creditable under this section pursuant to a request 
        filed pursuant to subsection (a)(1) or (b)(1) of such section 
        230; and
            ``(2) credit shall not be allowed for service otherwise 
        creditable under this section to the extent that the basic pay 
        received for such service is treated as wages and self-
        employment income for purposes of title II of such Act pursuant 
        to a request filed pursuant to subsection (a)(2) or (b)(2) of 
        such section 230.''.
    Sec. 3. The amendments made by this Act shall apply with respect to 
monthly benefits payable and annuities accruing (and lump-sum payments 
in the case of deaths occurring) after the fifth month following the 
month in which this Act is enacted, on the basis of requests filed (as 
provided in section 230 of the Social Security Act, as added by the 
first section of this Act) on or after the date of the enactment of 
this Act.

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