II 

112TH CONGRESS 

1ST SESSION S. 644 

To amend subchapter II of chapter 84 of title 5, United States Code, to 

prohibit coverage for annuity purposes for any individual hired as a 

Federal employee after 2012. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2011 

Mr. BURR (for himself, Mr. COBURN, Mr. CHAMBLISS, Mr. MCCAIN, Mr. 

JOHNSON of Wisconsin, Mr. CORNYN, Mr. THUNE, Mr. INHOFE, Mr. 

KYL, Mr. SESSIONS, Mr. ENSIGN, Mr. LEE, and Mr. TOOMEY) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend subchapter II of chapter 84 of title 5, United 

States Code, to prohibit coverage for annuity purposes 

for any individual hired as a Federal employee after 

2012. 

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 ‘‘Public-Private Em5 ployee Retirement Parity Act’’. 

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1 SEC. 2. TERMINATION OF ANNUITIES UNDER THE FEDERAL 

2 EMPLOYEES RETIREMENT SYSTEM. 

3 (a) CREDITABLE SERVICE.—Section 8411 of title 5, 

4 United States Code, is amended— 

5 (1) in subsection (b)(1), by inserting ‘‘except as 

6 provided under subsection (m),’’ after ‘‘(1)’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(m) Notwithstanding any other provision of this sec9 tion, any period of service performed by an employee or 

10 Member after December 31, 2012 shall not be creditable 

11 service for purposes of this subchapter, if that employee 

12 or Member did not perform any period of creditable service 

13 under this section before January 1, 2013 (including any 

14 military service creditable under subsection (c)).’’. 

15 (b) EMPLOYEE CONTRIBUTIONS.—Section 8422 of 

16 title 5, United States Code, is amended— 

17 (1) in subsection (a)(1), by striking ‘‘The’’ and 

18 inserting ‘‘Except as provided under subsection (j), 

19 the’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(j) Notwithstanding any other provision of this sec22 tion, an employing agency shall not make any deduction 

23 or withholding under this section from the basic pay of 

24 any employee or Member for any period of service per25 formed after December 31, 2012, if that period of service 

26 is not creditable service under section 8411(m).’’. 

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1 (c) AGENCY CONTRIBUTIONS.—Section 8423 of title 

2 5, United States Code, is amended— 

3 (1) in subsection (a)(1), by striking ‘‘Each’’ 

4 and inserting ‘‘Except as provided under subsection 

5 (d), each’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(d) Notwithstanding any other provision of this sec8 tion, an employing agency shall not make any contribution 

9 under this section for any employee or Member for any 

10 period of service performed after December 31, 2012, if 

11 that period of service is not creditable service under sec12 tion 8411(m).’’. 

13 (d) LIMITATION ON CREDIT FOR MILITARY SERV14 ICE.— 

15 (1) IN GENERAL.—Section 8411(c) of title 5, 

16 United States Code, is amended— 

17 (A) in paragraph (1), by striking ‘‘para18 graphs (2), (3), and (5)’’ and inserting ‘‘para19 graphs (2), (3), (5), and (6)’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(6) Notwithstanding any other provision of 

22 this subsection, any period of military service per23 formed after December 31, 2012 shall not be al24 lowed credit under this subchapter, if the employee 

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1 or Member did not perform any period of creditable 

2 service under this section before January 1, 2013.’’. 

3 (2) CONTRIBUTIONS.—Section 8422(e)(1)(A) of 

4 title 5, United States Code, is amended by striking 

5 ‘‘Except as provided in subparagraph (B), and sub6 ject to paragraph (6),’’ and inserting ‘‘Except as 

7 provided under section 8411(c)(6) and subparagraph 

8 (B) of this paragraph, and subject to paragraph (6) 

9 of this subsection,’’. 

Æ 

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