I
104TH CONGRESS
1ST SESSION
H. R. 2375
To amend title 5, United States Code, to modify the early-retirement reduc-
tion provisions with respect to certain Federal employees who are sepa-
rated from service due to a base closure under title II of the Defense
Authorization Amendments and Base Closure and Realignment Act, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1995
Mr. LANTOS introduced the following bill; which was referred to the
Committee on Government Reform and Oversight
A BILL
To amend title 5, United States Code, to modify the early-
retirement reduction provisions with respect to certain
Federal employees who are separated from service due
to a base closure under title II of the Defense Authoriza-
tion Amendments and Base Closure and Realignment
Act, 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.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Federal Employee Base Closure Retirement Act’’.
SEC. 2. MODIFICATION IN EARLY-RETIREMENT REDUCTION
PROVISIONS.
Section 8339(h) of title 5, United States Code, is
amended—
(1) by striking ‘‘(h) The annuity’’ and inserting
‘‘(h)(1) The annuity’’;
(2) in the first sentence by striking ‘‘executive.’’
and inserting ‘‘executive and except as provided in
any succeeding provision of this subsection.’’; and
(3) by adding at the end the following:
‘‘(2)(A) This paragraph applies with respect to—
‘‘(i) any law enforcement officer or firefighter
who has completed the minimum number of years of
service required to qualify for immediate retirement
under section 8336(c); and
‘‘(ii) any air traffic controller who has com-
pleted at least 20 years of service as an air traffic
controller.
‘‘(B) Notwithstanding any provision of paragraph
(1), for any employee described in subparagraph (A) who
retires under section 8336(d), the percentage reduction
applicable under this subsection shall—
‘‘(i) if such employee’s separation is due to a
base closure, be equal to 1⁄12 of 1 percent for each
full month the employee is under 50 years of age at
the date of separation; or
‘‘(ii) if clause (i) does not apply, be equal to 1⁄6
of 1 percent for each full month the employee is
under 50 years of age at the date of separation.
‘‘(3)(A) This paragraph applies with respect to any
employee, other than an employee described in paragraph
(2)(A), who has completed 30 years of service.
‘‘(B) Notwithstanding any provision of paragraph
(1), for any employee described in subparagraph (A) who
retires under section 8336(d)(1), the percentage reduction
applicable under this subsection shall, if such employee’s
separation is due to a base closure, be equal to 1⁄12 of
1 percent for each full month the employee is under 55
years of age at the date of separation.
‘‘(4)(A) For the purpose of this subsection, the term
‘base closure’ means the closure or realignment of a mili-
tary installation carried out under title II of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act.
‘‘(B) Any determination under this subsection as to
whether or not a separation is due to a base closure shall
be made in accordance with such criteria as the Office of
Personnel Management shall by regulation prescribe.’’.
SEC. 3. APPLICABILITY.
The amendments made by this Act shall apply with
respect to separations occurring on or after the date of
the enactment of this Act.
Æ