I
103D CONGRESS
2D SESSION
H. R. 4268
To amend certain provisions of title 5, United States Code, relating to
the age and service requirements for entitlement to an immediate annuity
under the Civil Service Retirement System or the Federal Employees’
Retirement System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 20, 1994
Mr. SHAYS (for himself, Mr. BALLENGER, Mr. BOEHNER, and Mr. PENNY)
introduced the following bill; which was referred to the Committee on
Post Office and Civil Service
A BILL
To amend certain provisions of title 5, United States Code,
relating to the age and service requirements for entitle-
ment to an immediate annuity under the Civil Service
Retirement System or the Federal Employees’ Retire-
ment System, 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 ‘‘Federal Retirement
Reform Act’’.
SEC. 2. REVISED AGE AND SERVICE REQUIREMENTS FOR
ENTITLEMENT TO AN IMMEDIATE ANNUITY
UNDER CSRS.
(a) AMENDMENT RELATING
TO RETIREMENT
AT
AGE 55 WITH 30 YEARS OF SERVICE.—Section 8336(a)
of title 5, United States Code, is amended to read as
follows:
‘‘(a)(1)(A) An employee who is separated from the
service after attaining the minimum retirement age under
subparagraph (B) and completing 30 years of service is
entitled to an annuity.
‘‘(B) The minimum retirement age under this sub-
paragraph shall be determined in accordance with the
following:
The minimum
retirement age
‘‘For an individual whose date
under this
of birth is in calendar year
subparagraph is
1942 or earlier .........................................................................
1943, 1944 or 1945 .................................................................
1946, 1947 or 1948 .................................................................
1949, 1950 or 1951 .................................................................
1952, 1953 or 1954 .................................................................
1955, 1956 or 1957 .................................................................
1958, 1959 or 1960 .................................................................
1961, 1962 or 1963 .................................................................
1964, 1965 or 1966 .................................................................
1967, 1968 or 1969 .................................................................
64.
‘‘(2) This subsection shall not apply in the case of
any employee whose date of birth is after December 31,
1969.’’.
(b) AMENDMENT RELATING
TO RETIREMENT
AT
AGE 60 WITH 20 YEARS OF SERVICE.—Section 8336(b)
of title 5, United States Code, is amended to read as
follows:
‘‘(b)(1)(A) An employee who is separated from the
service after attaining the minimum retirement age under
subparagraph (B) and completing 20 years of service is
entitled to an annuity.
‘‘(B) The minimum retirement age under this sub-
paragraph shall be determined in accordance with the
following:
The minimum
retirement age
‘‘For an individual whose date
under this
of birth is in calendar year
subparagraph is
1957 or earlier .........................................................................
1958, 1959 or 1960 .................................................................
61.
‘‘(2) This subsection shall not apply in the case of
any employee whose date of birth is after December 31,
1960.’’.
(c) AMENDMENT RELATING TO RETIREMENT AT AGE
62 WITH 5 YEARS OF SERVICE.—Section 8336(f) of title
5, United States Code, is amended to read as follows:
‘‘(f)(1) An employee who is separated from the serv-
ice after attaining the minimum retirement age under
paragraph (2) and completing 5 years of service is entitled
to an annuity.
‘‘(2) The minimum retirement age under this para-
graph shall be determined in accordance with the
following:
The minimum
retirement age
‘‘For an individual whose date
under this
of birth is in calendar year
paragraph is
1963 or earlier .........................................................................
1964, 1965 or 1966 .................................................................
1967, 1968 or 1969 .................................................................
1970 or later ............................................................................
65.’’.
(d) REDUCTION
FOR EARLY RETIREMENT.—Sub-
section (h) of section 8339 of title 5, United States Code,
is amended—
(1) before the first sentence by striking ‘‘(h)’’
and inserting ‘‘(h)(1)’’;
(2) in the first sentence by striking ‘‘55 years
of age at the date of separation,’’ and inserting ‘‘the
minimum age for an unreduced annuity (as deter-
mined under paragraph (2)),’’; and
(3) by adding at the end the following:
‘‘(2) The minimum age under this paragraph for an
unreduced annuity shall be determined in accordance with
the following:
‘‘For an individual whose date
The minimum
of separation (on which
age under this
entitlement to annuity
paragraph for an
is based) is in calendar year
unreduced annuity is
1997 or earlier .........................................................................
1998, 1999 or 2000 .................................................................
2001, 2002 or 2003 .................................................................
2004, 2005 or 2006 .................................................................
2007, 2008 or 2009 .................................................................
2010, 2011 or 2012 .................................................................
2013, 2014 or 2015 .................................................................
2016, 2017 or 2018 .................................................................
2019, 2020 or 2021 .................................................................
2022, 2023 or 2024 .................................................................
2025 or later ............................................................................
65.’’.
SEC. 3. REVISED AGE AND SERVICE REQUIREMENTS FOR
ENTITLEMENT TO AN IMMEDIATE ANNUITY
UNDER FERS.
(a) AMENDMENT RELATING
TO RETIREMENT
AT
AGE 55 TO 57 WITH 30 YEARS OF SERVICE.—
(1) IN GENERAL.—Section 8412(a) of title 5,
United States Code, is amended to read as follows:
‘‘(a)(1)(A) An employee or Member who is separated
from the service after attaining the minimum retirement
age under subparagraph (B) and completing 30 years of
service is entitled to an annuity.
‘‘(B) The minimum retirement age under this sub-
paragraph shall be determined in accordance with the
following:
The minimum
retirement age
‘‘For an individual whose date
under this
of birth is in calendar year
subparagraph is
1942 or earlier .........................................................................
1943, 1944 or 1945 .................................................................
1946, 1947 or 1948 .................................................................
1949, 1950 or 1951 .................................................................
1952, 1953 or 1954 .................................................................
1955, 1956 or 1957 .................................................................
1958, 1959 or 1960 .................................................................
1961, 1962 or 1963 .................................................................
1964, 1965 or 1966 .................................................................
1967, 1968 or 1969 .................................................................
64.
‘‘(2) This subsection shall not apply in the case of
an employee or Member whose date of birth is after De-
cember 31, 1969.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—
(A) Section 8412(h) of title 5, United
States Code, is repealed.
(B) 
Sections 
8421(a)(2),
8421a(b)(4)(B)(ii), and 8442(c)(2) of title 5,
United States Code, are each amended by strik-
ing ‘‘8412(h)’’ each place it appears and insert-
ing ‘‘8412(a)(1)(B)’’.
(b) AMENDMENT RELATING
TO RETIREMENT
AT
AGE 60 WITH 20 YEARS OF SERVICE.—Section 8412(b)
of title 5, United States Code, is amended to read as
follows:
‘‘(b)(1)(A) An employee or Member who is separated
from the service after attaining the minimum retirement
age under subparagraph (B) and completing 20 years of
service is entitled to an annuity.
‘‘(B) The minimum retirement age under this sub-
paragraph shall be determined in accordance with the
following:
The minimum
retirement age
‘‘For an individual whose date
under this
of birth is in calendar year
subparagraph is
1957 or earlier .........................................................................
1958, 1959 or 1960 .................................................................
61.
‘‘(2) This subsection shall not apply in the case of
any employee or Member whose date of birth is after De-
cember 31, 1960.’’.
(c) AMENDMENT RELATING TO RETIREMENT AT AGE
62 WITH 5 YEARS OF SERVICE.—Section 8412(c) of title
5, United States Code, is amended to read as follows:
‘‘(c)(1) An employee or Member who is separated
from the service after attaining the minimum retirement
age under paragraph (2) and completing 5 years of service
is entitled to an annuity.
‘‘(2) The minimum retirement age under this para-
graph shall be determined in accordance with the follow-
ing:
The minimum
retirement age
‘‘For an individual whose date
under this
of birth is in calendar year
paragraph is
1963 or earlier .........................................................................
1964, 1965 or 1966 .................................................................
1967, 1968 or 1969 .................................................................
1970 or later ............................................................................
65.’’.
(d) REDUCTION
FOR EARLY RETIREMENT.—Sub-
section (f)(1) of section 8415 of title 5, United States
Code, is amended—
(1) before the first sentence by striking ‘‘(f)(1)’’
and inserting ‘‘(f)(1)(A)’’;
(2) by striking ‘‘the sixty–second anniversary of
the birth of the employee or Member’’ and inserting
‘‘the date as of which the employee or Member at-
tains the minimum age for an unreduced annuity (as
determined under subparagraph (B))’’; and
(3) by adding at the end the following:
‘‘(B) The minimum age under this subparagraph for
an unreduced annuity shall be determined in accordance
with the following:
‘‘For an individual whose date
The minimum
of separation (on which
age under this
entitlement to annuity
subparagraph for an
is based) is in calendar year
unreduced annuity is
2018 or earlier .........................................................................
2019, 2020 or 2021 .................................................................
2022, 2023 or 2024 .................................................................
2025 or later ............................................................................
65.’’.
SEC. 4. PROVISIONS RELATING TO AGE AND SERVICE RE-
QUIREMENTS SPECIFIC TO MEMBERS OF
CONGRESS.
(A) CSRS.—
(1) AGE AND SERVICE REQUIREMENTS FOR EN-
TITLEMENT TO AN IMMEDIATE ANNUITY.—Section
8336(g) of title 5, United States Code, is amended
to read as follows:
‘‘(g)(1)(A) A Member who is separated from the serv-
ice after attaining the minimum retirement age under sub-
paragraph (B) and completing 5 years of civilian service
is entitled to an annuity.
‘‘(B) The minimum retirement age under this sub-
paragraph shall be determined in accordance with sub-
section (f)(2).
‘‘(2)(A) A Member who is separated from the service
after attaining the minimum retirement age under sub-
paragraph (B) and completing 10 years of Member service
is entitled to an annuity.
‘‘(B) The minimum retirement age under this sub-
paragraph shall be determined in accordance with the
following:
The minimum
retirement age
‘‘For a Member whose date
under this
of birth is in calendar year
subparagraph is
1954 or earlier .........................................................................
1955, 1956 or 1957 .................................................................
61.
‘‘(C) This paragraph shall not apply in the case of
a Member whose date of birth is after December 31, 1957.
‘‘(3)(A) A Member who is separated from the service
after attaining the minimum retirement age under sub-
paragraph (B) (but before becoming 60 years of age) and
completing 30 years of service is entitled to a reduced
annuity.
‘‘(B) The minimum retirement age under this sub-
paragraph shall be determined in accordance with section
8336(a)(1)(B), except that this paragraph shall not apply
in the case of any Member whose date of birth is after
December 31, 1954.
‘‘(4)(A) A Member who is separated from the service,
except by resignation or expulsion, after completing the
minimum years of service under subparagraph (B) or after
attaining the minimum retirement age under subpara-
graph (C) and (i) completing 20 years of service, or (ii)
serving in 9 Congresses is entitled to an annuity.
‘‘(B)(i) The minimum years of service under this sub-
paragraph shall be determined in accordance with the
following:
‘‘For a Member whose date
of separation (on which
entitlement to annuity
The minimum
is based) is in calendar year
years of service
under this subparagraph is
1997 or earlier .........................................................................
1998, 1999 or 2000 .................................................................
2001, 2002 or 2003 .................................................................
2004, 2005 or 2006 .................................................................
2007, 2008 or 2009 .................................................................
2010, 2011 or 2012 .................................................................
2013, 2014 or 2015 .................................................................
2016, 2017 or 2018 .................................................................
2019, 2020 or 2021 .................................................................
2022, 2023 or 2024 .................................................................
34.
‘‘(ii) This subparagraph shall not apply in the case
of any Member whose date of separation (on which entitle-
ment to annuity is based) occurs after December 31,
2024.
‘‘(C)(i) The minimum retirement age under this sub-
paragraph shall be determined in accordance with the
following:
The minimum
‘‘For a Member whose
retirement age
date of birth is
under this
in calendar year
subparagraph is
1947 or earlier .........................................................................
1948, 1949 or 1950 .................................................................
1951, 1952 or 1953 .................................................................
1954, 1955 or 1956 .................................................................
1957, 1958 or 1959 .................................................................
1960, 1961 or 1962 .................................................................
1963, 1964 or 1965 .................................................................
1966, 1967 or 1968 .................................................................
1969 .........................................................................................
‘‘(ii) This subparagraph shall not apply in the case
of any Member whose date of birth is after December 31,
1969.’’.
(2) REDUCTION
FOR
EARLY
RETIREMENT.—
Subsection (h) of section 8339 of title 5, United
States Code, as amended by section 2(d), is further
amended—
(A) in the second sentence of paragraph
(1) (as so designated by section 2(d)) by strik-
ing ‘‘60 years of age at the date of separation.’’
and inserting ‘‘the minimum age for an
unreduced annuity (as determined under para-
graph (3)).’’; and
(B) by adding after paragraph (2) (as
added by section 2(d)) the following:
‘‘(3) The minimum age under this paragraph for an
unreduced annuity shall be determined in accordance with
the following:
‘‘For a Member whose date
The minimum
of separation (on which
age under this
entitlement to annuity
paragraph for an
is based) is in calendar year
unreduced annuity is
2012 or earlier .........................................................................
2013, 2014 or 2015 .................................................................
2016, 2017 or 2018 .................................................................
2019, 2020 or 2021 .................................................................
2022, 2023 or 2024 .................................................................
2025 or later ............................................................................
65.’’.
(b) FERS.—Section 8412(f) of title 5, United States
Code, is amended to read as follows:
‘‘(f)(1) A Member who is separated from the service,
except by resignation or expulsion, after—
‘‘(A) completing the minimum years of service
under paragraph (2), or
‘‘(B) attaining the minimum retirement age
under paragraph (3) and completing 20 years of
service,
is entitled to an annuity.
‘‘(2) The minimum years of service under this para-
graph shall be determined in accordance with section
8336(g)(4)(B).
‘‘(3) The minimum retirement age under this para-
graph shall be determined in accordance with section
8336(g)(4)(C).’’.
SEC. 5. DEFERRED RETIREMENT.
(a) IN GENERAL.—
(1) CSRS.—Section 8338 of title 5, United
States Code, is amended by striking subsections (a)
and (b) and inserting the following:
‘‘(a)(1) An employee who is separated from the serv-
ice or transferred to a position in which such employee
does not continue subject to this subchapter after complet-
ing 5 years of civilian service is entitled to an annuity be-
ginning at the age determined under paragraph (2).
‘‘(2) The age at which entitlement to an annuity
under this subsection begins shall be determined in ac-
cordance with section 8336(f)(2).
‘‘(b)(1)(A) A Member who, after December 31, 1955,
and before January 1, 1998, is separated from the service
as a Member after completing 5 years of civilian service
is entitled to an annuity beginning at the age of 62 years.
‘‘(B)(i) A Member who, after December 31, 1997, is
separated from the service as a Member after completing
5 years of civilian service is entitled to an annuity begin-
ning at the age determined under clause (ii).
‘‘(ii) The age at which entitlement to an annuity
under this subparagraph begins shall be determined in ac-
cordance with section 8336(g)(1)(B).
‘‘(2)(A) A Member who is separated from the service
after completing 10 or more years of Member service is
entitled to an annuity beginning at the age determined
under subparagraph (B).
‘‘(B) The age at which entitlement to an annuity
under this paragraph begins shall be determined in ac-
cordance with section 8336(g)(2)(C).
‘‘(C) This paragraph shall not apply in the case of
a Member whose date of birth is after December 31, 1957.
‘‘(3)(A) A Member who is separated from the service
after completing 20 or more years of service, including 10
or more years of Member service, is entitled to a reduced
annuity beginning at the age determined under subpara-
graph (B).
‘‘(B) The age at which entitlement to an annuity
under this paragraph begins shall be determined in ac-
cordance with section 8336(g)(4)(C).
‘‘(C) This paragraph shall not apply in the case of
a Member whose date of birth is after December 31,
1969.’’.
(2) FERS.—Section 8413(a) of title 5, United
States Code, is amended to read as follows:
‘‘(a)(1) An employee or Member who is separated
from the service, or transferred to a position in which the
employee or Member does not continue subject to this
chapter, after completing 5 years of service is entitled to
an annuity beginning at the age determined under para-
graph (2).
‘‘(2) The age at which entitlement to an annuity
under this subsection begins shall be determined in ac-
cordance with section 8412(c)(2).’’.
(b) FERS ANNUITIES WITH A RIGHT TO DEFER
COMMENCEMENT DATE.—
(1) IMMEDIATE ANNUITY.—Section 8412(g) of
title 5, United States Code, is amended to read as
follows:
‘‘(g)(1)(A) An employee or Member who is separated
from the service after attaining the minimum retirement
age under subparagraph (B) and completing 10 years of
service is entitled to an annuity. This subsection shall not
apply to an employee or Member who is entitled to an an-
nuity under any other provision of this section.
‘‘(B) The minimum retirement age under this sub-
paragraph shall be determined in accordance with sub-
section (a)(1)(B), except that this subsection shall not
apply in the case of any employee or Member whose date
of birth is after December 31, 1969.
‘‘(2)(A) An employee or Member entitled to an annu-
ity under this subsection may defer the commencement of
such annuity by written election. The date to which the
commencement of the annuity is deferred may not precede
the 31st day after the date of filing the election, and must
precede the date on which the employee or Member attains
the age determined under subparagraph (B).
‘‘(B) The applicable age under this subparagraph
shall be determined in accordance with subsection (c)(2).
‘‘(3) The Office shall prescribe regulations under
which an election under paragraph (2) shall be made.’’.
(2) DEFERRED ANNUITY.—Section 8413(b)(1)
of title 5, United States Code, is amended to read
as follows:
‘‘(b)(1)(A) An employee or Member who is separated
from the service, or transferred to a position in which the
employee or Member does not continue subject to this
chapter, after completing 10 years of service but before
attaining the minimum retirement age under subpara-
graph (B) is entitled to an annuity beginning on the date
designated by the employee or Member in a written elec-
tion under this subsection. The date designated under this
subsection may not precede the date on which the em-
ployee or Member attains such minimum retirement age
and must precede the date on which the employee or Mem-
ber attains the age determined under subparagraph (C).
‘‘(B) The minimum retirement age under this sub-
paragraph shall be determined in accordance with section
8412(a)(1)(B), except that this paragraph shall not apply
in the case of any employee or Member whose date of birth
is after December 31, 1969.
‘‘(C) The applicable age under this subparagraph
shall 
be 
determined 
in 
accordance 
with 
section
8412(c)(2).’’.
SEC. 6. EFFECTIVE DATE; EXEMPTIONS.
(a) EFFECTIVE DATE.—The amendments made by
this Act shall take effect on January 1, 1998.
(b) EXEMPTIONS.—
(1) IN GENERAL.—The amendments made by
this Act shall not apply to any individual—
(A) who is separated from the Federal
Government before the effective date of this Act
and who is entitled, before such date—
(i) to an immediate annuity under
section 8336 (other than section 8336(d)
or (h)) or 8412 of title 5, United States
Code; or
(ii) to a deferred annuity under sec-
tion 8338 or 8413 of title 5, United States
Code; or
(B) who, on such date, meets the age and
service requirements for entitlement to an im-
mediate or deferred annuity referred to in sub-
paragraph (A).
(2) CLARIFYING PROVISIONS.—
(A) FACTORS NOT TO BE CONSIDERED.—
Any determination under paragraph (1)(B)—
(i) as to an individual’s years of cred-
itable service shall be made without regard
to—
(I) any deposit or redeposit re-
quirement; or
(II) any requirement under sub-
chapter III of chapter 83 of title 5,
United States Code, that an individual
give written notice of such individual’s
desire to become subject to that sub-
chapter or that an individual become
subject to such subchapter after per-
forming the service involved; and
(ii) shall be made without regard to
any requirement that is not an age or serv-
ice requirement (as identified under regu-
lations which the Office of Personnel Man-
agement shall prescribe).
(B) 
EFFECT
OF
A
SUBSEQUENT
CHANGE.—The exemption under this subsection
shall not result in an individual becoming enti-
tled to an immediate annuity based on a sepa-
ration from a position different from the one
held at the time of qualifying for such exemp-
tion, unless such individual would then be so
entitled (other than by reason of early or dis-
ability retirement) if this Act had not been en-
acted. For purposes of this subparagraph,
‘‘early retirement’’ means retirement under sec-
tion 8336(d) or (h) or section 8414 of title 5,
United States Code.
Æ
HR 4268 IH——2