I

105TH CONGRESS

1ST SESSION H. R. 729

To amend certain provisions of title 5, United States Code, relating to

the treatment of Members of Congress and Congressional employees

for retirement purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 12, 1997

Mr. PITTS introduced the following bill; which was referred to the Committee

on Government Reform and Oversight, and in addition to the Committee

on House Oversight, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend certain provisions of title 5, United States Code,

relating to the treatment of Members of Congress and

Congressional employees for retirement purposes.

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 Annuity

5 Reform Act of 1997’’.

6 SEC. 2. AMENDMENT OF TITLE 5, UNITED STATES CODE.

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of title 5, United States Code.

4 SEC. 3. CIVIL SERVICE RETIREMENT SYSTEM.

5 (a) PROVISIONS RELATING TO MAXIMUM ANNUITY

6 ALLOWABLE PURSUANT TO COST-OF-LIVING ADJUST7 MENTS.—Section 8340(g)(1) is amended—

8 (1) in subparagraph (A) by striking ‘‘or’’ after

9 the semicolon;

10 (2) in subparagraph (B)—

11 (A) by striking ‘‘employee or Member’’ and

12 inserting ‘‘employee’’;

13 (B) by striking ‘‘employee or Member,’’

14 and inserting ‘‘employee,’’;

15 (C) by striking ‘‘employee’s or Member’s’’

16 and inserting ‘‘employee’s’’; and

17 (D) by striking the period at the end of

18 subparagraph (B)(ii) and inserting ‘‘; or’’; and

19 (3) by adding at the end the following:

20 ‘‘(C) the final pay (or average pay, if higher) of

21 the Member with respect to whom the annuity is

22 paid.’’.

23 (b) PROVISIONS RELATING TO YEARS OF SERVICE AS

24 A MEMBER OF CONGRESS AND CONGRESSIONAL EM25 PLOYEE FOR PURPOSES OF COMPUTING AN ANNUITY.—
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1 (1) MEMBERS.—

2 (A) IN GENERAL.—Section 8339(c) is

3 amended by striking all that follows ‘‘with re4 spect to—’’ and inserting the following:

5 ‘‘(1) so much of his service as a Member as is

6 or was performed before the effective date of the

7 Congressional Annuity Reform Act of 1997;

8 ‘‘(2) so much of his military service as—

9 ‘‘(A) is creditable for the purpose of this

10 paragraph; and

11 ‘‘(B) is or was performed before the date

12 referred to in paragraph (1); and

13 ‘‘(3) so much of his Congressional employee

14 service as is or was performed before the date re15 ferred to in paragraph (1);

by multiplying 21 16 ⁄2 percent of his average pay by the years

17 of that service.’’.

18 (B) TECHNICAL AMENDMENT.—Section

19 8332(d) is amended by striking ‘‘section

20 8339(c)(1)’’ and inserting ‘‘section 8339(c)’’.

21 (2) CONGRESSIONAL EMPLOYEES.—Section

22 8339(b) is amended—

23 (A) by inserting ‘‘so much of’’ after ‘‘is

24 computed with respect to’’; and
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1 (B) by inserting ‘‘as is or was performed

2 before the effective date of the Congressional

3 Annuity Reform Act of 1997,’’ before ‘‘by mul4 tiplying’’.

5 (c) CONTRIBUTION RATES.—

6 (1) DEDUCTIONS.—The first sentence of section

7 8334(a)(1) is amended to read as follows: ‘‘The em8 ploying agency shall deduct and withhold 7 percent

of the basic pay of an employee and a Member, 71 9 ⁄2

10 percent of the basic pay of a law enforcement officer

11 and a firefighter, and 8 percent of the basic pay of

12 a Claims Court judge, a United States magistrate,

13 a judge of the United States Court of Appeals for

14 the Armed Forces, and a bankruptcy judge.’’.

15 (2) DEPOSITS.—

16 (A) FOR MEMBER SERVICE.—Section

17 8334(c) is amended in the matter relating to a

18 Member for Member service by striking

‘‘8 ........ After December 31,

1969.’’

19 and inserting the following:

‘‘8 ........ January 1, 1970, to

(but not including)

the effective date of

the Congressional Annuity Reform Act of

1997.
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‘‘7 ........ On and after the effective date of the Congressional Annuity

Reform Act of

1997.’’.

1 (B) FOR CONGRESSIONAL EMPLOYEE

2 SERVICE.—Section 8334(c) is amended in the

3 matter relating to a Member or employee for

4 Congressional employee service by striking

‘‘71⁄2 .... After December 31,

1969.’’

5 and inserting the following:

‘‘71⁄2 .... January 1, 1970, to

(but not including)

the effective date of

the Congressional Annuity Reform Act of

1997.

‘‘7 ........ On and after the effective date of the Congressional Annuity

Reform Act of

1997.’’.

6 SEC. 4. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.

7 (a) PROVISIONS RELATING TO YEARS OF SERVICE AS

8 A MEMBER OF CONGRESS AND CONGRESSIONAL EM9 PLOYEE FOR PURPOSES OF COMPUTING AN ANNUITY.—

10 (1) MEMBERS.—Section 8415(b) is amended by

11 striking ‘‘shall’’ and inserting ‘‘shall, to the extent
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1 that such service is or was performed before the ef2 fective date of the Congressional Annuity Reform

3 Act of 1997,’’.

4 (2) CONGRESSIONAL EMPLOYEES.—Section

5 8415(c) is amended by striking ‘‘shall’’ and inserting

6 ‘‘shall, to the extent that such service is or was per7 formed before the effective date of the Congressional

8 Annuity Reform Act of 1997,’’.

9 (3) PROVISIONS RELATING TO THE 1.1 PER10 CENT ACCRUAL RATE.—Section 8339(g) is amend11 ed—

12 (A) in paragraph (1) by striking ‘‘an em13 ployee under paragraph (2),’’ and inserting ‘‘an

14 employee or Member under paragraph (2),’’;

15 (B) in paragraph (2) by inserting ‘‘or

16 Member’’ after ‘‘in the case of an employee’’

17 and by striking ‘‘Congressional employee,’’; and

18 (C) by adding at the end the following:

19 ‘‘(3) Notwithstanding any other provision of this sub20 section—

21 ‘‘(A) this subsection shall not apply in the case

22 of a Member or Congressional employee whose sepa23 ration (on which entitlement to annuity is based) oc24 curs before the effective date of the Congressional

25 Annuity Reform Act of 1997; and
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1 ‘‘(B) in the case of a Member or Congressional

2 employee to whom this subsection applies, the 1.1

3 percent accrual rate shall apply only with respect to

4 any period of service other than a period with re5 spect to which the 1.7 percent accrual rate applies

6 under subsection (b) or (c).’’.

7 (b) CONTRIBUTION RATES.—

8 (1) DEDUCTIONS FROM PAY.—Section

9 8422(a)(2) is amended—

10 (A) in subparagraph (A) by striking ‘‘air

11 traffic controller, or Congressional employee)’’

12 and inserting ‘‘or air traffic controller) or Mem13 ber,’’; and

14 (B) in subparagraph (B) by striking ‘‘a

15 Member, law enforcement officer, firefighter, air

16 traffic controller, or Congressional employee,’’

17 and inserting ‘‘a law enforcement officer, fire18 fighter, or air traffic controller,’’.

19 (2) GOVERNMENT CONTRIBUTIONS.—Section

20 8423(a)(1) is amended—

21 (A) in subparagraph (A)(i) by striking

22 ‘‘subparagraph (B)),’’ and inserting ‘‘subpara23 graph (B)) and Members,’’;

24 (B) in subparagraph (B)(i) by striking

25 ‘‘Members, Congressional employees,’’; and
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1 (C) in subparagraph (B)(ii) by striking

2 ‘‘and Members’’.

3 SEC. 5. EFFECTIVE DATE.

4 (a) IN GENERAL.—This Act shall take effect on the

5 day after the next election of Representatives (within the

6 meaning of the 27th article of amendment to the Constitu7 tion of the United States) occurring after the date of the

8 enactment of this Act.

9 (b) ANNUITY MAXIMUM.—The amendments made by

10 section 3(a) shall apply with respect to annuities com11 mencing on or after the date on which this Act takes ef12 fect.

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