I
104TH CONGRESS
1ST SESSION
H. R. 273
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 4, 1995
Mr. JACOBS introduced the following bill; which was referred to the Committee
on Government Reform and Oversight
A BILL
To amend Public Law 85–745 to provide that a former
President may not receive a monetary allowance there-
under except upon waiving the right to receive any other
Government annuity or pension.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MONETARY ALLOWANCES FOR FORMER PRESI-
DENTS.
(a) IN GENERAL.—Subsection (a) of the first section
of Public Law 85–745 (3 U.S.C. 102 note) is amended
to read as follows:
‘‘(a)(1) Each former President shall be entitled for
the remainder of that individual’s life to receive from the
United States a monetary allowance, payable monthly by
the Secretary of the Treasury, at a rate equal to the rate
of basic pay, as in effect from time to time, of the head
of an executive department, as defined in section 101 of
title 5, United States Code, but only if, not later than the
30th day after the date as of which that individual’s Presi-
dential service terminates, such individual waives the right
to any other annuity or pension to which such individual
is then (or might otherwise subsequently become) entitled
under any other Act of Congress, except as provided in
paragraph (3). The amount of any monetary allowance
payable under this subsection to a former President for
the 12-month period following the termination of such in-
dividual’s Presidential service shall be reduced by the
amount of any other such annuity or pension paid to the
former President (before the waiver executed under the
preceding sentence with respect to such annuity or pension
becomes effective, and excluding any benefits referred to
in paragraph (3)) for any portion of that period.
‘‘(2) The monetary allowance referred to in para-
graph (1) shall not be paid for any period during which
the former President holds an appointive or elective office,
or position, in or under the Federal Government or the
government of the District of Columbia, to which is at-
tached a rate of pay other than a nominal rate.
‘‘(3) A waiver under paragraph (1) shall not affect
a right to receive benefits under title XVIII of the Social
Security Act.’’.
(b) REFUNDS.—Public Law 85–745 (3 U.S.C. 102
note) is amended by redesignating subsection (f) and any
references thereto as subsection (g), and by adding after
subsection (e) the following:
‘‘(f)(1) When a President or former President waives
that individual’s entitlement to an annuity or pension
under subsection (a)(1), there shall be refunded to such
individual (or, if applicable, to the appropriate individual
specified under paragraph (2)) upon proper application
the amount of such individual’s contribution, except em-
ployment taxes, toward the annuity or pension less any
amount previously refunded or paid as an annuity benefit
or pension. A refund under this subsection shall be made
with interest at the rate and for the period provided under
the statute, regulation, or agreement under which the an-
nuity or pension would have been payable.
‘‘(2) If a President or former President who has
elected to waive the entitlement to an annuity or pension
under subsection (a)(1) dies before the refund described
by paragraph (1) is made, the refund shall be made to—
‘‘(A) the beneficiary designated to receive re-
funds by or under the statute, regulation, or agree-
ment under which the annuity or pension would have
been payable; or
‘‘(B) if no beneficiary is designated, to those in-
dividuals (in order of preference) designated in such
circumstances to be paid the refund under such ap-
plicable statute, regulation, or agreement.’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall be applicable
only with respect to individuals whose service in the office
of President terminates after the date of the enactment
of this Act.
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