I 

112TH CONGRESS 

1ST SESSION H. R. 2397 

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 HOUSE OF REPRESENTATIVES 

JUNE 24, 2011 

Mr. SCHILLING introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on 

Oversight and Government Reform, 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 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’’. 


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1 SEC. 2. RETIREMENT AGE. 

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

3 United States Code, is amended— 

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

5 following: 

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

7 after the date of enactment of this subsection— 

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

9 any other provision of this section; and 

10 ‘‘(B) shall be eligible for an annuity if the indi11 vidual is separated from the service after attaining 

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

13 Social Security Act (42 U.S.C. 416(l)(1)) and com14 pleting 5 years of service. 

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

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

17 subsection without regard to whether— 

18 ‘‘(A) the individual is separated from the serv19 ice while serving as an employee or a Member; or 

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

21 section 8334(k)’’; and 

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

23 following: 

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

25 the date of enactment of this subsection— 


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

2 any other provision of this section; and 

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

4 service, or transferred to a position in which the in5 dividual does not continue subject to this sub6 chapter, after completing 5 years of service, is eligi7 ble for an annuity beginning at retirement age (as 

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

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

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

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

12 subsection without regard to whether— 

13 ‘‘(A) the individual serves as an employee be14 fore, on, or after the date of enactment of this sub15 section; or 

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

17 section 8334(k).’’. 

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

19 Code, is amended— 

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

21 following: 

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

23 the date of enactment of this subsection— 

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

25 any other provision of this section; and 


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1 ‘‘(B) shall be eligible for an annuity if the indi2 vidual is separated from the service after attaining 

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

4 Social Security Act (42 U.S.C. 416(l)(1)) and com5 pleting 5 years of service. 

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

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

8 subsection without regard to whether the individual is sep9 arated from the service while serving as an employee or 

10 a Member.’’; 

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

12 following: 

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

14 the date of enactment of this subsection— 

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

16 any other provision of this section; and 

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

18 service, or transferred to a position in which the in19 dividual does not continue subject to this chapter, 

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

21 annuity beginning at retirement age (as defined in 

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

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

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

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


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1 subsection without regard to whether the individual serves 

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

3 of this subsection.’’; and 

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

5 following: 

6 ‘‘(e) Notwithstanding any other provision of this sec7 tion, an individual serving as a Member on or after the 

8 date of enactment of this subsection who otherwise meets 

9 the requirements for an annuity under another provision 

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

11 after attaining retirement age (as defined in section 

12 216(l)(1) of the Social Security Act (42 U.S.C. 

13 416(l)(1)).’’. 

Æ 


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