of the Capitol Police, member of the Supreme Court 
Police, air traffic controller, nuclear materials cou-
rier, or customs and border protection officer, be equal 
to 10.7 percent.’’. 
(c) AVERAGE PAY.—Section 8401(3) of title 5, United 
States Code, is amended— 
(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; 
and 
(2) by adding ‘‘except that’’ after the semicolon; 
and 
(3) by adding at the end the following: 
‘‘(B) in the case of a secure annuity employee, 
the term ‘average pay’ has the meaning determined 
applying subparagraph (A)— 
‘‘(i) by substituting ‘5 consecutive years’ for 
‘3 consecutive years’; and 
‘‘(ii) by substituting ‘5 years’ for ‘3 
years’.’’. 
(d) COMPUTATION OF BASIC ANNUITY.—Section 8415 
of title 5, United States Code, is amended— 
(1) by striking subsections (a) through (e) and 
inserting the following: 
‘‘(a) Except as otherwise provided in this section, the 
annuity of an employee retiring under this subchapter is— 
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(1) in the case of an employee other than a se-
cure annuity employee, 1 percent of that individual’s 
average pay multiplied by such individual’s total 
service; and 
‘‘(2) in the case of an employee who is a secure 
annuity employee, 0.7 percent of that individual’s av-
erage pay multiplied by such individual’s total serv-
ice. 
‘‘(b)(1) The annuity of a Member, or former Member 
with title to a Member annuity, retiring under this sub-
chapter is computed under subsection (a)(1), except that if 
the individual has had at least 5 years of service as a Mem-
ber or Congressional employee, or any combination thereof, 
so much of the annuity as is computed with respect to either 
such type of service (or a combination thereof), not exceed-
ing a total of 20 years, shall be computed by multiplying 
1.7 percent of the individual’s average pay by the years of 
such service. 
‘‘(2) The annuity of a Member, or former Member with 
title to a Member annuity, retiring under this subchapter 
is, if the individual is or was a secure annuity employee, 
computed— 
‘‘(A) under subsection (a)(2); and 
‘‘(B) disregarding paragraph (1) of this sub-
section. 
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(c)(1) The annuity of a Congressional employee, or 
former Congressional employee, retiring under this sub-
chapter is computed under subsection (a)(1), except that if 
the individual has had at least 5 years of service as a Con-
gressional employee or Member, or any combination thereof, 
so much of the annuity as is computed with respect to either 
such type of service (or a combination thereof), not exceed-
ing a total of 20 years, shall be computed by multiplying 
1.7 percent of the individual’s average pay by the years of 
such service. 
‘‘(2) The annuity of a Congressional employee, or 
former Congressional employee, retiring under this sub-
chapter is, if the individual is or was a secure annuity em-
ployee, computed— 
‘‘(A) under subsection (a)(2); and 
‘‘(B) disregarding paragraph (1) of this sub-
section. 
‘‘(d) The annuity of an employee retiring under sub-
section (d) or (e) of section 8412 or under subsection (a), 
(b), or (c) of section 8425 is— 
‘‘(1) in the case of an individual other than a 
secure annuity employee— 
‘‘(A) 1.7 percent of that individual’s aver-
age pay multiplied by so much of such individ-
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS
ual’s total service as does not exceed 20 years; 
plus 
‘‘(B) 1 percent of that individual’s average 
pay multiplied by so much of such individual’s 
total service as exceeds 20 years; and 
‘‘(2) in the case of an individual who is a secure 
annuity employee— 
‘‘(A) 1.4 percent of that individual’s aver-
age pay multiplied by so much of such individ-
ual’s total service as does not exceed 20 years; 
plus 
‘‘(B) 0.7 percent of that individual’s aver-
age pay multiplied by so much of such individ-
ual’s total service as exceeds 20 years. 
‘‘(e) The annuity of an air traffic controller or former 
air traffic controller retiring under section 8412(a) is com-
puted under subsection (a)(1), except that if the individual 
has had at least 5 years of service as an air traffic controller 
as defined by section 2109(1)(A)(i), so much of the annuity 
as is computed with respect to such type of service shall 
be computed— 
‘‘(1) in the case of an individual other than a 
secure annuity employee, by multiplying 1.7 percent 
of the individual’s average pay by the years of such 
service; and 
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(2) in the case of an individual who is a secure 
annuity employee, by multiplying 1.4 percent of the 
individual’s average pay by the years of such serv-
ice.’’; and 
(2) in subsection (h)— 
(A) in paragraph (1), by striking ‘‘sub-
section (a)’’ and inserting ‘‘subsection (a)(1)’’; 
and 
(B) in paragraph (2), in the matter fol-
lowing subparagraph (B), by striking ‘‘or cus-
toms and border protection officer’’ and inserting 
‘‘customs and border protection officer, or secure 
annuity employee.’’. 
SEC. 4. ANNUITY SUPPLEMENT. 
Section 8421(a) of title 5, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(3)’’ and inserting ‘‘paragraphs (3) and (4)’’; 
(2) in paragraph (2), by striking ‘‘paragraph 
(3)’’ and inserting ‘‘paragraphs (3) and (4)’’; and 
(3) by adding at the end the following: 
‘‘(4)(A) Except as provided in subparagraph (B), no 
annuity supplement under this section shall be payable in 
the case of an individual whose entitlement to annuity is 
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS
based on such individual’s separation from service after De-
cember 31, 2012. 
‘‘(B) Nothing in this paragraph applies in the case 
of an individual separating under subsection (d) or (e) of 
section 8412.’’. 
SEC. 5. CONTRIBUTIONS TO THRIFT SAVINGS FUND OF PAY-
MENTS FOR ACCRUED OR ACCUMULATED 
LEAVE. 
(a) AMENDMENTS
RELATING
TO
CSRS.—Section 
8351(b) of title 5, United States Code, is amended— 
(1) by striking paragraph (2)(A) and inserting 
the following: 
‘‘(2)(A) An employee or Member may contribute to the 
Thrift Savings Fund in any pay period any amount of such 
employee’s or Member’s basic pay for such pay period, and 
may contribute (by direct transfer to the Fund) any part 
of any payment that the employee or Member receives for 
accumulated and accrued annual or vacation leave under 
section 5551 or 5552. Notwithstanding section 2105(e), in 
this paragraph the term ‘employee’ includes an employee 
of the United States Postal Service or of the Postal Regu-
latory Commission.’’; 
(2) by striking subparagraph (B) of paragraph 
(2); and 
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS
(3) by redesignating subparagraph (C) of para-
graph (2) as subparagraph (B). 
(b) AMENDMENTS
RELATING
TO
FERS.—Section 
8432(a) of title 5, United States Code, is amended— 
(1) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) An employee or Member— 
‘‘(A) may contribute to the Thrift Savings Fund 
in any pay period, pursuant to an election under 
subsection (b), any amount of such employee’s or 
Member’s basic pay for such pay period; and 
‘‘(B) may contribute (by direct transfer to the 
Fund) any part of any payment that the employee or 
Member receives for accumulated and accrued annual 
or vacation leave under section 5551 or 5552. 
‘‘(2) Contributions made under paragraph (1)(A) pur-
suant to an election under subsection (b) shall, with respect 
to each pay period for which such election remains in effect, 
be made in accordance with a program of regular contribu-
tions provided in regulations prescribed by the Executive 
Director.’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(4) Notwithstanding section 2105(e), in this sub-
section the term ‘employee’ includes an employee of the 
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS
United States Postal Service or of the Postal Regulatory 
Commission.’’. 
(c) REGULATIONS.—The Executive Director of the Fed-
eral Retirement Thrift Investment Board shall promulgate 
regulations to carry out the amendments made by this sec-
tion. 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect one year after the 
date of the enactment of this section, or upon such earlier 
date as may be established by the Executive Director of the 
Federal Retirement Thrift Investment Board under the reg-
ulations promulgated pursuant to subsection (c). 
SEC. 6. COORDINATION WITH OTHER RETIREMENT SYS-
TEMS. 
(a) FOREIGN SERVICE.—For provisions of law requir-
ing maintenance of existing conformity— 
(1) between the Civil Service Retirement System 
and the Foreign Service Retirement System, and 
(2) between the Federal Employees’ Retirement 
System and the Foreign Service Pension System, 
see section 827 of the Foreign Service Act of 1980 (22 U.S.C. 
4067). 
(b) CIARDS.— 
(1) COMPATIBILITY WITH CSRS.—For provisions 
of law relating to maintenance of existing conformity 
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS
between the Civil Service Retirement System and the 
Central Intelligence Agency Retirement and Dis-
ability System, see section 292 of the Central Intel-
ligence Agency Retirement Act (50 U.S.C. 2141). 
(2) APPLICABILITY OF FERS.—For provisions of 
law providing for the application of the Federal Em-
ployees’ Retirement System with respect to employees 
of the Central Intelligence Agency, see title III of the 
Central Intelligence Agency Retirement Act (50 
U.S.C. 2151 and following). 
(c) TVA.—Section 3 of the Tennessee Valley Authority 
Act of 1933 (16 U.S.C. 831b) is amended by adding at the 
end the following: 
‘‘(c) The chief executive officer shall prescribe any reg-
ulations which may be necessary in order to carry out the 
purposes of the Securing Annuities for Federal Employees 
Act of 2012 with respect to any defined benefit plan cov-
ering employees of the Tennessee Valley Authority.’’. 
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS
Union Calendar No. 274 
112TH CONGRESS 
2D SESSION 
H. R. 3813 
[Report No. 112–394, Part I] 
A BILL 
To amend title 5, United States Code, to secure the 
annuities of Federal civilian employees, and for 
other purposes. 
FEBRUARY 9, 2012 
The Committee on House Administration discharged; 
committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed 
VerDate Mar 15 2010 
00:41 Feb 10, 2012
Jkt 019200
PO 00000
Frm 00016
Fmt 6651
Sfmt 6651
E:\BILLS\H3813.RH
H3813
smartinez on DSK6TPTVN1PROD with BILLS