II

103D CONGRESS

1ST SESSION S. 210

To provide for cost-of-living adjustments for pay and retirement benefits

for Members of Congress and certain senior Federal officials to be

limited by the amount of social security cost-of-living adjustments, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 26 (legislative day, JANUARY 5), 1993

Mr. WOFFORD introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

A BILL

To provide for cost-of-living adjustments for pay and retirement benefits for Members of Congress and certain senior Federal officials to be limited by the amount of

social security cost-of-living adjustments, 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,
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1 SECTION 1. LIMITATION OF COST-OF-LIVING ADJUST2 MENTS FOR PAY FOR MEMBERS OF CON3 GRESS AND CERTAIN SENIOR FEDERAL OFFI4 CIALS

5 (a) MEMBERS OF CONGRESS.—Section 601(a)(2) of

6 the Legislative Reorganization Act of 1946 (2 U.S.C.

7 31(2)) is amended to read as follows:

8 ‘‘(2)(A) Subject to subparagraphs (B) and (C)

9 effective at the beginning of the first applicable pay

10 period commencing on or after the first day of the

11 month in which an adjustment takes effect under

12 section 5303 of title 5, United States Code, in the

13 rates of pay under the General Schedule, each an14 nual rate referred to in paragraph (1) shall be ad15 justed by an amount, rounded to the nearest mul16 tiple of $100 (or if midway between multiples of

17 $100, to the next higher multiple of $100), equal to

18 the lesser of—

19 ‘‘(i) the percentage of such annual rate

20 which corresponds to the most recent percent21 age change in the ECI (relative to the date de22 scribed in subparagraph (B)), as determined

23 under section 704(a)(1) of the Ethics Reform

24 Act of 1989; or

25 ‘‘(ii) the maximum percentage increase de26 termined under section 215(i) of the Social Se-
3

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1 curity Act (42 U.S.C. 459(i)) for the applicable

2 year.

3 ‘‘(B) The appropriate date referred to in sub4 paragraph (A) is the first day of the fiscal year in

5 which such adjustment in the rates of pay under the

6 General Schedule takes effect.

7 ‘‘(C) The first adjustment under this section

8 shall become effective in the calendar year beginning

9 on January 1, 1995, and all other adjustments shall

10 take effect in every 2 calendar years thereafter. All

11 adjustments shall be based upon the year preceding

12 the adjustment.’’.

13 (b) EXECUTIVE SCHEDULE OFFICERS.—Section

14 5318 of title 5, United States Code, is amended to read

15 as follows:

16 ‘‘§ 5318. Adjustments in rates of pay

17 ‘‘(a) Effective at the beginning of the first applicable

18 pay period commencing on or after the first day of the

19 month in which an adjustment takes effect under section

20 5303 of this title in the rates of pay under the General

21 Schedule, the annual rate of pay for positions at each level

22 of the Executive Schedule shall be adjusted by an amount,

23 rounded to the nearest multiple of $100 (or if midway be24 tween multiples of $100, to the next higher multiple of

25 $100), equal to the lesser of—
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1 ‘‘(1) the percentage of such annual rate of pay

2 which corresponds to the most recent percentage

3 change in the ECI (relative to the date described in

4 subsection (b)), as determined under section

5 704(a)(1) of the Ethics Reform Act of 1989; or

6 ‘‘(2) the maximum percentage increase deter7 mined under section 215(i) of the Social Security

8 Act (42 U.S.C. 459(i)) for the applicable year.

9 ‘‘(b) The appropriate date referred to under sub10 section (a) is the first day of the fiscal year in which such

11 adjustment in the rates of pay under the General Schedule

12 takes effect.’’.

13 (c) VICE PRESIDENT.—Section 104 of title 3, United

14 States Code, is amended to read as follows:

15 ‘‘§ 104. Salary of the Vice President

16 ‘‘(a) The per annum rate of salary of the Vice Presi17 dent of the United States shall be the rate determined for

18 such position under section 225 of the Federal Salary Act

19 of 1967 (2 U.S.C. 351 et seq.) as adjusted by this section.

20 Effective at the beginning of the first applicable pay pe21 riod commencing on or after the first day of the month

22 in which an adjustment takes effect under section 5303

23 of title 5 in the rates of pay under the General Schedule,

24 the salary of the Vice President shall be adjusted by an

25 amount, rounded to the nearest multiple of $100 (or if
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1 midway between multiples of $100, to the next higher mul2 tiple of $100), equal to the lesser of—

3 ‘‘(1) the percentage of such annual rate of pay

4 which corresponds to the most recent percentage

5 change in the ECI (relative to the date described in

6 subsection (b)), as determined under section

7 704(a)(1) of the Ethics Reform Act of 1989; or

8 ‘‘(2) the maximum percentage increase deter9 mined under section 215(i) of the Social Security

10 Act (42 U.S.C. 459(i)) for the applicable year.

11 ‘‘(b) The appropriate date referred to under sub12 section (a) is the first day of the fiscal year in which such

13 adjustment in the rates of pay under the General Schedule

14 takes effect.’’.

15 SEC. 2. LIMITATION ON COST-OF-LIVING ADJUSTMENTS

16 FOR FEDERAL ANNUITIES FOR MEMBERS OF

17 CONGRESS AND CERTAIN SENIOR FEDERAL

18 OFFICIALS

19 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

20 8340 of title 5, United States Code, is amended by adding

21 at the end thereof the following new subsection:

22 ‘‘(h) Notwithstanding any other provision of this sec23 tion, the adjustment under this section for an annuity

24 which is based on creditable service, any part of which is
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1 service as a Member or service in a position under the

2 Executive Schedule, shall be the lesser of—

3 ‘‘(1) the percentage adjustment which would be

4 applicable under this section if the provisions of this

5 subsection had not been enacted; or

6 ‘‘(2) the maximum percentage increase deter7 mined under section 215(i) of the Social Security

8 Act (42 U.S.C. 459(i)) for the applicable year.’’.

9 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

10 Section 8462 of title 5, United States Code, is amended

11 by adding at the end thereof the following new subsection:

12 ‘‘(f) Notwithstanding any other provision of this sec13 tion, the adjustment under this section for an annuity

14 which is based on creditable service, any part of which is

15 service as a Member or service in a position under the

16 Executive Schedule, shall be the lesser of—

17 ‘‘(1) the percentage adjustment which would be

18 applicable under this section if the provisions of this

19 subsection had not been enacted; or

20 ‘‘(2) the maximum percentage increase deter21 mined under section 215(i) of the Social Security

22 Act (42 U.S.C. 459(i)) for the applicable year.’’.

Æ