I
104TH CONGRESS
1ST SESSION
H. R. 2456
To amend title 5, United States Code, to limit the number of years that
a Member of Congress may participate in either the Civil Service Retire-
ment System or the Federal Employees’ Retirement System.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 10, 1995
Mr. THORNBERRY introduced the following bill; which was referred to the
Committee on House Oversight, and in addition to the Committee on
Government Reform and Oversight, for a period to be subsequently deter-
mined 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 number
of years that a Member of Congress may participate
in either the Civil Service Retirement System or the
Federal Employees’ Retirement System.
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 ‘‘Limited Congressional
Pension Act of 1995’’.
SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE
RETIREMENT SYSTEM.
(a) IN GENERAL.—Subchapter III of chapter 83 of
title 5, United States Code, is amended by adding at the
end the following:
‘‘§ 8352. Limitations relating to Members
‘‘(a)(1) For the purpose of this section—
‘‘(A) the term ‘maximum allowable period of
member service’ means the greater of—
‘‘(i) 12 years of member service; or
‘‘(ii) the total number of years of member
service completed by the Member before the ef-
fective date of this section (expressed in terms
of the full years and twelfth parts thereof, ex-
cluding from the aggregate the fractional part
of a month, if any);
‘‘(B) the term ‘deemed separation date’, as
used with respect to a Member, means the date such
Member is deemed under subsection (b)(1)(A) or
(B), as the case may be, to have separated from
service as a Member; and
‘‘(C) the term ‘deemed separation’ means a sep-
aration deemed to have occurred under subsection
(b)(1)(A) or (B).
‘‘(2) This section shall apply with respect to any indi-
vidual serving as a Member on or after the effective date
of this section, excluding a reemployed annuitant whose
annuity commenced before such effective date.
‘‘(b) Except as otherwise provided in this section—
‘‘(1)(A) any Member who has completed the
maximum allowable period of member service before
the effective date of this section shall, for purposes
of this subchapter, be deemed to have separated
from service on the day before such effective date;
and
‘‘(B) any Member who completes the maximum
allowable period of member service on or after the
effective date of this section shall, for purposes of
this subchapter, be deemed to have separated from
service on the date on which such Member completes
the maximum allowable period of member service;
and
‘‘(2) any Member who is deemed to have sepa-
rated from service under subparagraph (A) or (B) of
paragraph (1)—
‘‘(A) may not thereafter remain or become
subject to either the Civil Service Retirement
System or the Federal Employees’ Retirement
System as a Member of Congress (as defined by
section 2106); and
‘‘(B) for purposes of this subchapter, shall,
while thereafter serving as a Member of Con-
gress (as so defined), be treated in the same
way as a former Member not then performing
Government service.
‘‘(c)(1) This subsection shall apply with respect to
any Member described in subsection (b)(1)(A) or (B).
‘‘(2) A Member to whom this subsection applies shall
not be eligible for an immediate or deferred annuity based
on any deemed separation. Rather, actual separation must
occur in order to be eligible for such an annuity.
‘‘(3) For purposes of determining whether a Member
satisfies the age and service requirements for title to an
annuity—
‘‘(A) the Member’s age as of the Member’s
deemed separation date shall be used; and
‘‘(B) the Member’s total service as of the Mem-
ber’s deemed separation date shall be used, subject
to paragraph (7).
‘‘(4) The requirements of subsections (b) and (c) of
section 8333 shall be considered met if the Member would
satisfy those requirements as of the Member’s deemed sep-
aration date (assuming the Member actually separated on
that date).
‘‘(5) For purposes of any computation of annuity—
‘‘(A) average pay shall be determined disregard-
ing pay for any member service performed after the
Member’s deemed separation date;
‘‘(B) any reduction under section 8339(h) shall
be made using the age determined under paragraph
(3)(A); and
‘‘(C) the Member’s total service shall be equal
to the total service determined under paragraph
(3)(B).
For purposes of applying the respective limitations under
sections 8339(f) and 8340(g), the average pay and final
pay (or final basic pay) of a Member shall likewise be de-
termined based on the Member’s deemed separation date.
‘‘(6)(A) Any deadline (such as for making an election
or making a deposit) which is fixed by reference to date
of separation shall be applied using the Member’s actual
separation date.
‘‘(B) Any determination as to the marital status of
the Member as of date of separation shall be made based
on the Member’s actual separation date.
‘‘(7) For purposes of determining any period of mili-
tary service which is creditable for purposes of section
8339(c)(1), the date of final separation from service as
a Member (as referred to in section 8332(d)) shall be the
Member’s actual separation date.
‘‘(d)(1) No contribution to the Thrift Savings Fund
may be made by any Member with respect to any pay pe-
riod beginning on or after the effective date of this section.
‘‘(2) Except as provided in paragraph (1), nothing
in this section shall be considered to permit or require that
a Member be treated as having separated before such
Member’s actual separation date for purposes of the
Thrift Savings Plan.
‘‘(e) Regulations to carry out this section may be pre-
scribed by the Office of Personnel Management and the
Executive Director (within the meaning of section
8401(13)) with respect to matters within their respective
areas of jurisdiction.
‘‘(f) This section shall take effect as of the first day
of the Congress next beginning after the date of the enact-
ment of the Limited Congressional Pension Act of 1995.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 83 of title 5, United States Code, is
amended by adding at the end the following:
‘‘8352. Limitations relating to Members.’’.
SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EM-
PLOYEES’ RETIREMENT SYSTEM.
(a) IN GENERAL.—Subchapter I of chapter 84 of title
5, United States Code, is amended by adding at the end
the following:
‘‘§ 8404. Limitations relating to Members
‘‘(a)(1) For the purpose of this section—
‘‘(A) the term ‘maximum allowable period of
member service’ means the greater of—
‘‘(i) 12 years of member service; or
‘‘(ii) the total number of years of member
service completed by the Member before the ef-
fective date of this section (expressed in terms
of the full years and twelfth parts thereof, ex-
cluding from the aggregate the fractional part
of a month, if any);
‘‘(B) the term ‘deemed separation date’, as
used with respect to a Member, means the date such
Member is deemed under subsection (b)(1)(A) or
(B), as the case may be, to have separated from
service as a Member;
‘‘(C) the term ‘deemed separation’ means a sep-
aration deemed to have occurred under subsection
(b)(1)(A) or (B); and
‘‘(D) the term ‘member service’ means any
service as a Member and any service constituting
member service within the meaning of section
8331(14).
‘‘(2) This section shall apply with respect to any indi-
vidual serving as a Member on or after the effective date
of this section, excluding a reemployed annuitant whose
annuity commenced before such effective date.
‘‘(b) Except as otherwise provided in this section—
‘‘(1)(A) any Member who has completed the
maximum allowable period of member service before
the effective date of this section shall, for purposes
of this chapter, be deemed to have separated from
service on the day before such effective date; and
‘‘(B) any Member who completes the maximum
allowable period of member service on or after the
effective date of this section shall, for purposes of
this chapter, be deemed to have separated from serv-
ice on the date on which such Member completes the
maximum allowable period of member service; and
‘‘(2) any Member who is deemed to have sepa-
rated from service under subparagraph (A) or (B) of
paragraph (1)—
‘‘(A) may not thereafter remain or become
subject to the Federal Employees’ Retirement
System as a Member of Congress (as defined by
section 2106); and
‘‘(B) for purposes of this chapter, shall,
while thereafter serving as a Member of Con-
gress (as so defined), be treated in the same