I
104TH CONGRESS
1ST SESSION
H. R. 804
To amend title 5, United States Code, to limit the period of service which
may be credited to a Member of Congress in the computation of retire-
ment benefits, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 1995
Mr. MILLER of Florida (for himself, Mr. STOCKMAN, Mr. CHRYSLER, Mr.
SALMON, Mr. SCARBOROUGH, Mr. SANFORD, Mr. CHRISTENSEN, Mr.
DAVIS, Mr. COBURN, Mrs. WALDHOLTZ, Mrs. MYRICK, Mr. ENGLISH of
Pennsylvania, Mr. GANSKE, Mr. TIAHRT, Mr. NEUMANN, Mr. FOX of
Pennsylvania, Mrs. SEASTRAND, Mr. BALDACCI, Mr. THORNBERRY, Mr.
GUTKNECHT, Mr. HAYWORTH, Mr. GOSS, and Mr. DEAL of Georgia) in-
troduced the following bill; which was referred to the Committee on
House Oversight and, in addition, to the Committee on Government Re-
form and 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 title 5, United States Code, to limit the period
of service which may be credited to a Member of Con-
gress in the computation of retirement benefits, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Congressional Mem-
bers’ Pension Limitation Act of 1995’’.
SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.
(a) LIMITATION.—
(1) IN GENERAL.—Section 8334(a) of title 5,
United States Code, is amended by adding at the
end the following:
‘‘(3) Deductions and withholdings from the pay of a
Member may not be made with respect to any pay period
beginning—
‘‘(A) after such Member has completed 5 years
of civilian service; or
‘‘(B) in the case of a Member whose service (as
of the effective date of the Congressional Members’
Pension Limitation Act of 1995) exceeds the limita-
tion set forth in subparagraph (A), after such effec-
tive date.
Any contributions under the second sentence of paragraph
(1) shall be payable to the same extent and in the same
manner as if this paragraph had not been enacted.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—
(A) DEPOSITS.—Section 8334(c) of title 5,
United States Code, is amended by adding at
the end the following: ‘‘A deposit under this
subsection may not be made with respect to any
service for which deductions have not been
made by reason of subsection (a)(3).’’.
(B) ELIGIBILITY.—Subsection (c) of sec-
tion 8333 of title 5, United States Code, is re-
pealed.
(b) THRIFT SAVINGS PLAN.—Paragraph (2) of sec-
tion 8351(b) of title 5, United States Code, is amended—
(1) by striking ‘‘(2) An’’ and inserting ‘‘(2)(A)
Except as provided in subparagraph (B), an’’; and
(2) by adding at the end the following:
‘‘(B)(i) In the case of a Member—
‘‘(I) as to whom deductions from pay may not
be made by reason of section 8332(a)(3), and who
has 12 years of member service or less, the level of
individual or Government contributions allowable
shall be the percentage specified in section 8432(a)
or (c), as the case may be; or
‘‘(II) who has more than 12 years of member
service, the level of individual contributions allowable
shall be the percentage specified in section 8432(a),
but no Government contribution under section
8432(c) shall be allowable.
‘‘(ii) The Executive Director (appointed under section
8474(a)) shall prescribe such regulations as may be nec-
essary to carry out this subparagraph, including—
‘‘(I) provisions under which a Member may
elect to change such Member’s level of contributions
to the Thrift Savings Fund whenever any change is
to take effect under clause (i) in the level of individ-
ual or Government contributions allowable; and
‘‘(II) provisions under which written notice
shall be given to a Member with respect to any such
change, as well as any election allowable under
subclause (I) in connection therewith.’’.
SEC. 3. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.
(a) LIMITATION.—Section 8422(a) of title 5, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(3)(A) Notwithstanding paragraph (2), deductions
and withholdings from the pay of a Member may not be
made—
‘‘(i) with respect to any pay period beginning—
‘‘(I) after such Member has completed 5
years of civilian service; or
‘‘(II) in the case of a Member whose serv-
ice (as of the effective date of the Congressional
Members’ Pension Limitation Act of 1995) ex-
ceeds the limitation set forth in subclause (I),
after such effective date; or
‘‘(ii) if that individual first becomes a Member
on or after the effective date of the Congressional
Members’ Pension Limitation Act of 1995.
‘‘(B) Any period of service for which deductions may
not be made by reason of subparagraph (A) shall be ex-
cluded from the total period of service used in any com-
putation under section 8415 or any other provision of this
chapter (as identified by the Office in regulations) which
relates to benefits based on the service of such Member.’’.
(b) THRIFT SAVINGS PLAN.—Section 8432(c) of title
5, United States Code, is amended by adding at the end
the following:
‘‘(4)(A) Notwithstanding any other provision of this
subsection, no contribution under paragraph (1) or (2)
may be made on behalf of any Member who has more than
12 years of member service.
‘‘(B) The Executive Director (appointed under sec-
tion 8474(a)) shall prescribe such regulations as may be
necessary to carry out this paragraph, including—
‘‘(i) provisions under which a Member may elect
to change such Member’s level of contributions to
the Thrift Savings Fund whenever such Member’s
eligibility for Government contributions is to termi-
nate under subparagraph (A); and
‘‘(ii) provisions under which written notice shall
be given to a Member with respect to any such ter-
mination of eligibility for Government contributions,
as well as any election allowable under clause (i) in
connection therewith.
‘‘(C) For the purpose of this paragraph, the term
‘member service’ means service as a Member.’’.
SEC. 4. MEMBERS UNDER FERS WHO WERE FORMERLY
UNDER CSRS.
Section 302 of the Federal Employees’ Retirement
System Act of 1986 (5 U.S.C. 8331 note) is amended by
adding at the end the following:
‘‘(e)(1) In the case of a Member with respect to whom
any benefits would be computed under subsection (a)(3),
for purposes of applying sections 8422(a)(3) (relating to
a limitation on the making of deductions and withholdings
from pay) and 8432(c)(4) (relating to contributions to the
Thrift Savings Plan) of title 5, United States Code, any
service which would be creditable for any purpose under
subsection (a)(1) shall be taken into account.
‘‘(2) Regulations to carry out this subsection shall be
prescribed—
‘‘(A) by the Office of Personnel Management,
with respect to such section 8422(a)(3); and
‘‘(B) by the Executive Director (appointed
under section 8474(a)), with respect to such section
8432(c)(4).’’.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect as of the first day of the first Congress begin-
ning after the date of the enactment of this Act.
Æ