I
106TH CONGRESS
2D SESSION
H. R. 4642
To make certain personnel flexibilities available with respect to the General
Accounting Office, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2000
Mr. BURTON of Indiana (for himself and Mr. SCARBOROUGH) introduced the
following bill; which was referred to the Committee on Government Reform
A BILL
To make certain personnel flexibilities available with respect
to the General Accounting Office, 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. VOLUNTARY EARLY RETIREMENT AUTHORITY.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Effective
for purposes of the period beginning on the date of enact-
ment of this Act and ending on December 31, 2003, para-
graph (2) of section 8336(d) of title 5, United States
Code, shall, with respect to officers and employees of the
General Accounting Office, be applied as if it had been
amended to read as follows:
‘‘(2)(A) has been employed continuously by the
General Accounting Office for at least the 31-day
period immediately preceding the start of the period
referred to in subparagraph (D);
‘‘(B) is serving under an appointment that is
not time limited;
‘‘(C) has not received a notice of involuntary
separation, for misconduct or unacceptable perform-
ance, with respect to which final action remains
pending; and
‘‘(D) is separated from the service voluntarily
during a period with respect to which the Comp-
troller General determines that the application of
this subsection is necessary and appropriate for the
purpose of—
‘‘(i) realigning the General Accounting Of-
fice’s workforce in order to meet budgetary con-
straints or mission needs;
‘‘(ii) correcting skill imbalances; or
‘‘(iii) reducing high-grade, managerial, or
supervisory positions;’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Effective for purposes of the period beginning on the date
of enactment of this Act and ending on December 31,
2003, subparagraph (B) of section 8414(b)(1) of title 5,
United States Code, shall, with respect to officers and em-
ployees of the General Accounting Office, be applied as
if it had been amended to read as follows:
‘‘(B)(i) has been employed continuously by the
General Accounting Office for at least the 31-day
period immediately preceding the start of the period
referred to in clause (iv);
‘‘(ii) is serving under an appointment that is
not time limited;
‘‘(iii) has not received a notice of involuntary
separation, for misconduct or unacceptable perform-
ance, with respect to which final action remains
pending; and
‘‘(iv) is separated from the service voluntarily
during a period with respect to which the Comp-
troller General determines that the application of
this subsection is necessary and appropriate for the
purpose of—
‘‘(I) realigning the General Accounting Of-
fice’s workforce in order to meet budgetary con-
straints or mission needs;
‘‘(II) correcting skill imbalances; or
‘‘(III) reducing high-grade, managerial, or
supervisory positions;’’.
(c) NUMERICAL LIMITATION.—Not to exceed 10 per-
cent of the General Accounting Office’s workforce (as of
the start of a fiscal year) shall be permitted to take vol-
untary early retirement in such fiscal year pursuant to
this section.
(d) REGULATIONS.—The Comptroller General shall
prescribe any regulations necessary to carry out this sec-
tion, including regulations under which an early retire-
ment offer may be made to any employee or group of em-
ployees based on—
(1) geographic area, organizational unit, or oc-
cupational series or level;
(2) skills, knowledge, or performance; or
(3) such other similar factors (or combination
of factors described in this or any other paragraph
of this subsection) as the Comptroller General con-
siders necessary and appropriate in order to achieve
the purpose involved.
SEC. 2. VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) IN GENERAL.—Effective for purposes of the pe-
riod beginning on the date of enactment of this Act and
ending on December 31, 2003, the authority to provide
voluntary separation incentive payments shall be available
to the Comptroller General with respect to employees of
the General Accounting Office.
(C) the agency strategic plan referred to in sub-
section (b) of such section shall, in addition to the
information described in paragraph (2) thereof, con-
tain the following: the steps to be taken to realign
the General Accounting Office’s workforce in order
to meet budgetary constraints or mission needs, cor-
rect skill imbalances, or reduce high-grade, manage-
rial, or supervisory positions;
(5) subsection (c)(1) of such section shall be
applied by substituting ‘‘to the extent necessary (A)
to realign the General Accounting Office’s workforce
in order to meet budgetary constraints or mission
needs, (B) to correct skill imbalances, or (C) to re-
duce high-grade, managerial, or supervisory posi-
tions, in conformance with that agency’s strategic
plan (as referred to in subsection (b)).’’ for the mat-
ter following ‘‘only’’;
(6) subsection (c)(2)(D) of such section shall be
applied by substituting ‘‘December 31, 2003, or the
end of the 3-month period beginning on the date on
which such payment is offered to such employee,
whichever is earlier’’ for ‘‘December 31, 1997’’; and
(7) instead of the amount described in para-
graph (1) of subsection (d) of such section, the
amount required under such paragraph shall be de-
termined in accordance with subsection (c)(1) of this
section.
(c) ADDITIONAL CONTRIBUTION
TO RETIREMENT
FUND.—
(1) DETERMINATION OF AMOUNT REQUIRED.—
The amount required under this paragraph shall be
the amount determined under subparagraph (A) or
(B), whichever is greater, for the fiscal year in-
volved.
(A) FIRST
METHOD.—The amount re-
quired under this subparagraph shall be deter-
mined as follows:
(i) First, determine the sum of the
following:
(I) The amount equal to 19 per-
cent of the final basic pay of each em-
ployee described in paragraph (2) who
takes early retirement under section
8336(d) of title 5, United States
Code.
(II) The amount equal to 58 per-
cent of the final basic pay of each em-
ployee described in paragraph (2) who
retires on an immediate annuity under
section 8336 of such title 5 (not in-
cluding any employee covered by sub-
clause (I)).
(ii) Second, reduce the sum of the
amounts determined under clause (i) by
the sum of the following (but not below
zero):
(I) The amount equal to 419 per-
cent of the final basic pay of each em-
ployee described in paragraph (2),
who is covered by subchapter III of
chapter 83 of title 5, United States
Code, and who resigns.
(II) The amount equal to 17 per-
cent of the final basic pay of each em-
ployee described in paragraph (2) who
takes early retirement under section
8414(b) of such title 5.
(III) The amount equal to 8 per-
cent of the final basic pay of each em-
ployee described in paragraph (2) who
retires on an immediate annuity under
section 8412 of such title 5.
(IV) The amount equal to 211
percent of the final basic pay of each
employee described in paragraph (2),
who is covered by chapter 84 of such
title 5, and who resigns.
(B) SECOND
METHOD.—The amount re-
quired under this subparagraph shall be equal
to 45 percent of the final basic pay of each em-
ployee described in paragraph (2).
(2) COMPUTATIONS TO BE BASED ON SEPARA-
TIONS
OCCURRING
IN
THE
FISCAL
YEAR
IN-
VOLVED.—The employees described in this para-
graph are those employees who receive a voluntary
separation incentive payment under this section
based on their separating from service during the
fiscal year involved.
(3) REGULATIONS.—
(A) IN GENERAL.—The Office of Personnel
Management shall prescribe any regulations
necessary to carry out this subsection, including
provisions under which any additional contribu-
tion determined under this subsection shall, at
the election of the General Accounting Office,
be payable either in a lump sum or through in-
stallment payments made over a period of not
to exceed 3 years.
(B) INTEREST.—The regulations shall in-
clude provisions under which, if the installment
method is chosen, interest shall be payable at
the same rate as provided for under section
8348(f) of title 5, United States Code.
(4) RULE OF CONSTRUCTION.—As used in this
subsection, the term ‘‘resign’’ shall not be considered
to include early retirement or a separation giving
rise to an immediate annuity.
(d) DEFINITIONS.—
(1) FINAL BASIC PAY.—As used in this section,
the term ‘‘final basic pay’’ has the same meaning as
under section 663(d)(2) of the Treasury, Postal
Service, and General Government Appropriations
Act, 1997, as contained in Public Law 104–208 (5
U.S.C. 5597 note).
(2) EMPLOYEE.—As used in this section and,
for purposes of this section, the provisions of law
cited in subsection (b), the term ‘‘employee’’ shall be
considered to refer to an officer or employee of the
General Accounting Office.
(e) NUMERICAL LIMITATION.—Not to exceed 5 per-
cent of the General Accounting Office’s workforce (as of
the start of a fiscal year) shall be permitted to receive
a voluntary separation incentive payment under this sec-
tion based on their separating from service in such fiscal
year.