I

106TH CONGRESS

1ST SESSION H. R. 1769

To eliminate certain inequities in the Civil Service Retirement System and

the Federal Employees’ Retirement System with respect to the computation of benefits for law enforcement officers, firefighters, air traffic

controllers, nuclear materials couriers, and their survivors, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1999

Mr. CUMMINGS introduced the following bill; which was referred to the

Committee on Government Reform

A BILL

To eliminate certain inequities in the Civil Service Retirement System and the Federal Employees’ Retirement

System with respect to the computation of benefits for

law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, and their survivors, 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,

3 That this Act may be cited as the ‘‘Federal Employ4 ees’ Benefits Equity Act of 1999.’’
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1 CIVIL SERVICE RETIREMENT SYSTEM

2 SEC. 2. (a) Section 8339 of title 5, United States

3 Code, is amended—

4 (1) in subsection (d)(1)—

5 (A) by striking ‘‘(d)(1)’’ and inserting

6 ‘‘(d)(1)(A)’’;

7 (B) by redesignating subparagraphs (A)

8 and (B) as clauses (i) and (ii), respectively; and

9 (C) by adding at the end the following new

10 subparagraph:

11 ‘‘(B) If, at any age and after completing

12 20 years of service as a law enforcement officer,

13 firefighter, or nuclear materials courier, or any

14 combination of such service totaling at least 20

15 years, an employee retires under section

16 8336(d)(1) or 8337, the annuity of such em17 ployee shall be computed under subparagraph

18 (A).’’;

19 (2) in subsection (e)—

20 (A) by striking ‘‘(e)’’ and inserting

21 ‘‘(e)(1)’’; and

22 (B) by adding at the end the following new

23 paragraph:

24 ‘‘(2) If, at any age and after completing 20 years of

25 service as an air traffic controller, an employee retires
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1 under section 8336(d)(1) or 8337, paragraph (1) shall be

2 applied in computing the annuity of such employee.’’; and

3 (3) in subsection (q)—

4 (A) by striking ‘‘(q)’’ and inserting

5 ‘‘(q)(1)’’;

6 (B) by redesignating paragraphs (1) and

7 (2) as subparagraphs (A) and (B), respectively;

8 and

9 (C) by adding at the end the following new

10 paragraph:

11 ‘‘(2) If, at any age and after completing 20 years of

12 service as a member of the Capitol Police or as a law en13 forcement officer (or any combination of such service to14 taling at least 20 years), a member or former member of

15 the Capitol Police retires under section 8336(d)(1) or

16 8337, the annuity of such member or former member shall

17 be computed under paragraph (1).’’.

18 (b) Section 8341(d) of title 5, United States Code,

19 is amended—

20 (1) by inserting the following immediately after

21 the first sentence: ‘‘For purposes of the preceding

22 sentence, subsections (b)-(e) and (q) of section 8339

23 may be considered as applying with respect to the

24 employee or Member only if the employee or Member

25 satisfied the age and service requirements for appli-
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1 cation of such subsections to the employee or Mem2 ber at the date of death. For this purpose, the dece3 dent shall be deemed to have been disabled for pur4 poses of retirement under section 8337 at the time

5 of death.’’; and

6 (2) by striking ‘‘Notwithstanding the preceding

7 sentence’’ and inserting ‘‘Notwithstanding the first

8 sentence of this subsection’’.

9 (c) Section 8342 of title 5, United States Code, is

10 amended by adding at the end the following new sub11 section:

12 ‘‘(k) When an employee—

13 ‘‘(1) has service as a law enforcement officer,

14 firefighter, nuclear materials courier, or member of

15 the Capitol Police for which retirement deductions

16 were withheld under section 8334(a) or deposited

17 under section 8334(c) at a higher percentage rate

18 than that applicable to employees generally; and

19 ‘‘(2)(A) begins to receive an annuity which is

20 not computed under section 8339(d) or (q) and, in

21 the case of a member of the Capitol Police, also does

22 not have his or her service as a member of the Cap23 itol Police credited in the computation of an annuity

24 under section 8339(b) or (c); or
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1 ‘‘(B) dies before retiring under this subchapter

2 but who leaves a survivor entitled to an annuity

3 under section 8341 based on the deceased employ4 ee’s service, provided that—

5 ‘‘(i) such survivor annuity is not based on

6 an employee annuity computed under section

7 8339(d) or (q); and

8 ‘‘(ii) where the decedent was a member or

9 former member of the Capitol Police, such sur10 vivor annuity is not based on an annuity com11 puted under section 8339(b) or (c) which in12 cludes credit for service as a member of the

13 Capitol Police—

14 the difference between the employee deductions for

15 such service at the higher percentage rate and the

16 employee deductions that would have been withheld

17 at the rate applicable to employees generally under

18 section 8334(a)(1), together with interest computed

19 in accordance with paragraphs (2) and (3) of section

20 8334(e) and applicable regulations prescribed by the

21 Office, shall be paid to the annuitant or, in the case

22 of a deceased employee, to the individual entitled to

23 a lump-sum benefit under subsection (c).’’.

24 FEDERAL EMPLOYEES’ RETIREMENT SYSTEM

25 SEC. 3. (a) Section 8415(d) of title 5, United States

26 Code, is amended to read as follows—
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1 ‘‘(d)(1) The annuity of an employee retiring under

2 subsection (d) or (e) of section 8412 or under subsection

3 (a), (b), or (c) of section 8425 is—

‘‘(A) 17 4 ⁄10 percent of that individual’s average

5 pay multiplied by so much of such individual’s total

6 service as a law enforcement officer, firefighter,

7 member of the Capitol Police, nuclear materials cou8 rier, or air traffic controller as does not exceed 20

9 years; plus

10 ‘‘(B) 1 percent of that individual’s average pay

11 multiplied by the remainder of such individual’s total

12 service.

13 ‘‘(2) If, at any age and after completing 20 years of

14 service as a law enforcement officer, firefighter, member

15 of the Capitol Police, or nuclear materials courier, or any

16 combination of such service totaling at least 20 years, an

17 employee retires under section 8414(b)(1)(A) or 8451, the

18 annuity of such employee shall be computed under para19 graph (1).

20 ‘‘(3) If, at any age and after completing 20 years of

21 service as an air traffic controller, an employee retires

22 under section 8414(b)(1)(A) or 8451, the annuity of such

23 employee shall be computed under paragraph (1).’’.
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1 (b) Section 8424 of title 5, United States Code, is

2 amended by adding at the end the following new sub3 section:

4 ‘‘(i) When an employee—

5 ‘‘(1) has service as a law enforcement officer,

6 firefighter, member of the Capitol Police, air traffic

7 controller, or nuclear materials courier for which re8 tirement deductions were withheld under section

9 8422(a) at a higher percentage rate than that appli10 cable to employees generally; and

11 ‘‘(2)(A) begins to receive an annuity which is

12 not computed under section 8415(d) and, in the case

13 of a member of the Capitol Police, also does not

14 have his or her service as a member of the Capitol

15 Police credited in the computation of an annuity

16 under section 8415(b) or (c); or

17 ‘‘(B) dies before having retired under this chap18 ter but who leaves a survivor entitled to an annuity

19 under subchapter IV based on the deceased employ20 ee’s service provided that—

21 ‘‘(i) such survivor annuity is not based on

22 an employee annuity computed under section

23 8415(d); and

24 ‘‘(ii) where the decedent was a member or

25 former member of the Capitol Police, such sur-
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1 vivor annuity is not based on an annuity com2 puted under section 8415 (b) or (c) which in3 cludes service as a member of the Capitol

4 Police—

5 the difference between the employee deductions for

6 such service at the higher percentage rate and the

7 employee deductions that would have been withheld

8 at the rate applicable to employees generally under

9 section 8422(a)(2), together with interest computed

10 in accordance with paragraphs (2) and (3) of section

11 8334(e) and applicable regulations prescribed by the

12 Office, shall be paid to the annuitant or, in the case

13 of a deceased employee, to the individual entitled to

14 a lump-sum benefit under subsection (d).’’.

15 (c) Section 8442 of title 5, United States Code, is

16 amended—

17 (1) in subsection (b)(1) by adding at the end

18 the following:

19 ‘‘For purposes of the preceding sentence, section

20 8415(b)–(d) and (g) may be considered as applying with

21 respect to the employee or Member only if the employee

22 or Member satisfied the age and service requirements for

23 application of such subsections to the employee or Member

24 at the date of death. For this purpose, the decedent shall
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1 be deemed to have been disabled for purposes of retire2 ment under section 8451 at the time of death.’’; and

3 (2) in subsection (c)(2)(A)(i) by striking ‘‘sec4 tion 8415’’ and inserting ‘‘section 8415, but without

5 regard to subsection (d) of such section,’’.

6 EFFECTIVE DATES

7 SEC. 4. (a)(1) Except as provided in paragraph (2),

8 the amendments made by sections 2(a) and 3(a) shall take

9 effect on the date of enactment of this Act and shall apply

10 only with respect to individuals who separate from the

11 service on or after such date of enactment.

12 (2) Notwithstanding paragraph (1), a survivor annu13 ity based on the service of a law enforcement officer who

14 died as an employee after October 19, 1969, or a fire15 fighter who died as an employee after August 13, 1972,

16 shall be computed as if the amendments made by section

17 2(a)(1) had been in effect as of the commencing date of

18 such survivor annuity. However, any such survivor annuity

19 commencing before the date of enactment of this Act shall

20 be adjusted, retroactive to the commencing date of annu21 ity, only upon application by the survivor annuitant.

22 (b) The amendments made by section 2(b) shall take

23 effect on the date of enactment of this Act, and also, in

24 the case of an individual whose death occurred prior to

25 such date of enactment, shall apply effective at the com26 mencing date of the annuity to any annuity payable under
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1 section 8341(d) of title 5, United States Code, or similar

2 predecessor provisions of law applicable to survivor annu3 ities based on the service of employees or Members who

4 died before retiring.

5 (c) The amendments made by sections 2(c) and 3(b)

6 shall take effect on the date of enactment of this Act and

7 shall apply only with respect to individuals who separate

8 from the service or die in service on or after such date

9 of enactment.

10 (d) The amendments made by section (3)(c) shall

11 take effect on January 1, 1987.

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