II 

112TH CONGRESS 

1ST SESSION S. 742 

To amend chapters 83 and 84 of title 5, United States Code, to set the 

age at which Members of Congress are eligible for an annuity to the 

same age as the retirement age under the Social Security Act. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6 (legislative day, APRIL 5), 2011 

Mr. BROWN of Ohio introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend chapters 83 and 84 of title 5, United States 

Code, to set the age at which Members of Congress 

are eligible for an annuity to the same age as the retirement age under the Social Security Act. 

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 ‘‘Congressional Retire5 ment Age Act of 2011’’. 

6 SEC. 2. RETIREMENT AGE. 

7 (a) CSRS.—Subchapter III of chapter 83 of title 5, 

8 United States Code, is amended— 


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1 (1) in section 8336, by adding at the end the 

2 following: 

3 ‘‘(q)(1) An individual serving as a Member on or 

4 after the date of enactment of this subsection— 

5 ‘‘(A) shall not be eligible for an annuity under 

6 any other provision of this section; and 

7 ‘‘(B) shall be eligible for an annuity if the indi8 vidual is separated from the service after attaining 

9 retirement age (as defined in section 216(l)(1) of the 

10 Social Security Act (42 U.S.C. 416(l)(1)) and com11 pleting 5 years of service. 

12 ‘‘(2) This subsection applies to an individual serving 

13 as a Member on or after the date of enactment of this 

14 subsection without regard to whether— 

15 ‘‘(A) the individual is separated from the serv16 ice while serving as an employee or a Member; or 

17 ‘‘(B) any service by the individual is subject to 

18 section 8334(k)’’; and 

19 (2) in section 8338, by adding at the end the 

20 following: 

21 ‘‘(i)(1) An individual serving as a Member on or after 

22 the date of enactment of this subsection— 

23 ‘‘(A) shall not be eligible for an annuity under 

24 any other provision of this section; and 


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1 ‘‘(B) if the individual is separated from the 

2 service, or transferred to a position in which the in3 dividual does not continue subject to this sub4 chapter, after completing 5 years of service, is eligi5 ble for an annuity beginning at retirement age (as 

6 defined in section 216(l)(1) of the Social Security 

7 Act (42 U.S.C. 416(l)(1)). 

8 ‘‘(2) This subsection applies to an individual serving 

9 as a Member on or after the date of enactment of this 

10 subsection without regard to whether— 

11 ‘‘(A) the individual serves as an employee be12 fore, on, or after the date of enactment of this sub13 section; or 

14 ‘‘(B) any service by the individual is subject to 

15 section 8334(k).’’. 

16 (b) FERS.—Chapter 84 of title 5, United States 

17 Code, is amended— 

18 (1) in section 8412, by adding at the end the 

19 following: 

20 ‘‘(i)(1) An individual serving as a Member on or after 

21 the date of enactment of this subsection— 

22 ‘‘(A) shall not be eligible for an annuity under 

23 any other provision of this section; and 

24 ‘‘(B) shall be eligible for an annuity if the indi25 vidual is separated from the service after attaining 


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1 retirement age (as defined in section 216(l)(1) of the 

2 Social Security Act (42 U.S.C. 416(l)(1)) and com3 pleting 5 years of service. 

4 ‘‘(2) This subsection applies to an individual serving 

5 as a Member on or after the date of enactment of this 

6 subsection without regard to whether the individual is sep7 arated from the service while serving as an employee or 

8 a Member.’’; 

9 (2) in section 8413, by adding at the end the 

10 following: 

11 ‘‘(c)(1) An individual serving as a Member on or after 

12 the date of enactment of this subsection— 

13 ‘‘(A) shall not be eligible for an annuity under 

14 any other provision of this section; and 

15 ‘‘(B) if the individual is separated from the 

16 service, or transferred to a position in which the in17 dividual does not continue subject to this chapter, 

18 after completing 5 years of service, is eligible for an 

19 annuity beginning at retirement age (as defined in 

20 section 216(l)(1) of the Social Security Act (42 

21 U.S.C. 416(l)(1)). 

22 ‘‘(2) This subsection applies to an individual serving 

23 as a Member on or after the date of enactment of this 

24 subsection without regard to whether the individual serves 


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1 as an employee before, on, or after the date of enactment 

2 of this subsection.’’; and 

3 (3) in section 8414, by adding at the end the 

4 following: 

5 ‘‘(e) Notwithstanding any other provision of this sec6 tion, an individual serving as a Member on or after the 

7 date of enactment of this subsection who otherwise meets 

8 the requirements for an annuity under another provision 

9 of this section shall not be entitled to an annuity until 

10 after attaining retirement age (as defined in section 

11 216(l)(1) of the Social Security Act (42 U.S.C. 

12 416(l)(1)).’’. 

Æ 


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