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103D CONGRESS

1ST SESSION H. R. 213

To amend Public Law 85–745 to provide that a former President may

not receive a monetary allowance thereunder except upon waiving the

right to receive any other Government annuity or pension.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

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

on Post Office and Civil Service

A BILL

To amend Public Law 85–745 to provide that a former

President may not receive a monetary allowance thereunder except upon waiving the right to receive any other

Government annuity or pension.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. MONETARY ALLOWANCES FOR FORMER PRESI4 DENTS.

5 (a) IN GENERAL.—Subsection (a) of the first section

6 of Public Law 85–745 (3 U.S.C. 102 note) is amended

7 to read as follows:
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1 ‘‘(a)(1) Each former President shall be entitled for

2 the remainder of that individual’s life to receive from the

3 United States a monetary allowance, payable monthly by

4 the Secretary of the Treasury, at a rate equal to the rate

5 of basic pay, as in effect from time to time, of the head

6 of an executive department, as defined in section 101 of

7 title 5, United States Code, but only if, not later than the

8 30th day after the date as of which that individual’s Presi9 dential service terminates, such individual waives the right

10 to any other annuity or pension to which such individual

11 is then (or might otherwise subsequently become) entitled

12 under any other Act of Congress, except as provided in

13 paragraph (3). The amount of any monetary allowance

14 payable under this subsection to a former President for

15 the 12-month period following the termination of such in16 dividual’s Presidential service shall be reduced by the

17 amount of any other such annuity or pension paid to the

18 former President (before the waiver executed under the

19 preceding sentence with respect to such annuity or pension

20 becomes effective, and excluding any benefits referred to

21 in paragraph (3)) for any portion of that period.

22 ‘‘(2) The monetary allowance referred to in para23 graph (1) shall not be paid for any period during which

24 the former President holds an appointive or elective office,

25 or position, in or under the Federal Government or the
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1 government of the District of Columbia, to which is at2 tached a rate of pay other than a nominal rate.

3 ‘‘(3) A waiver under paragraph (1) shall not affect

4 a right to receive benefits under title XVIII of the Social

5 Security Act.’’.

6 (b) REFUNDS.—Public Law 85–745 (3 U.S.C. 102

7 note) is amended by redesignating subsection (f) and any

8 references thereto as subsection (g), and by adding after

9 subsection (e) the following:

10 ‘‘(f)(1) When a President or former President waives

11 that individual’s entitlement to an annuity or pension

12 under subsection (a)(1), there shall be refunded to such

13 individual (or, if applicable, to the appropriate individual

14 specified under paragraph (2)) upon proper application

15 the amount of such individual’s contribution, except em16 ployment taxes, toward the annuity or pension less any

17 amount previously refunded or paid as an annuity benefit

18 or pension. A refund under this subsection shall be made

19 with interest at the rate and for the period provided under

20 the statute, regulation, or agreement under which the an21 nuity or pension would have been payable.

22 ‘‘(2) If a President or former President who has

23 elected to waive the entitlement to an annuity or pension

24 under subsection (a)(1) dies before the refund described

25 by paragraph (1) is made, the refund shall be made to—
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1 ‘‘(A) the beneficiary designated to receive re2 funds by or under the statute, regulation, or agree3 ment under which the annuity or pension would have

4 been payable; or

5 ‘‘(B) if no beneficiary is designated, to those in6 dividuals (in order of preference) designated in such

7 circumstances to be paid the refund under such ap8 plicable statute, regulation, or agreement.’’.

9 SEC. 2. EFFECTIVE DATE.

10 The amendments made by this Act shall be applicable

11 only with respect to individuals whose service in the office

12 of President terminates after the date of the enactment

13 of this Act.

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