I
104TH CONGRESS
1ST SESSION
H. R. 1353
To amend title 5, United States Code, to provide that, for purposes relating
to retirement, Members of Congress and congressional employees shall
be treated in the same manner as are employees in the executive branch
generally.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 1995
Mr. MINGE (for himself, Mr. DICKEY, Mr. SHAYS, Mr. KLUG, Mr. BARRETT
of Wisconsin, Mr. MCHALE, Mr. CASTLE, Mr. DEAL of Georgia, and Mrs.
WALDHOLTZ) 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 provide that, for
purposes relating to retirement, Members of Congress
and congressional employees shall be treated in the same
manner as are employees in the executive branch gen-
erally.
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 ‘‘Congressional Pension
Reform Act of 1995’’.
SEC. 2. AMENDMENT OF TITLE 5, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of title 5, United States Code.
SEC. 3. CIVIL SERVICE RETIREMENT SYSTEM.
(a) DEDUCTIONS AND DEPOSITS.—
(1) DEDUCTIONS.—The first sentence of section
8334(a)(1) is amended to read as follows: ‘‘The em-
ploying agency shall deduct and withhold 7 percent
of the basic pay of an employee and a Member, 71⁄2
percent of the basic pay of a law enforcement officer
and a firefighter, and 8 percent of the basic pay of
a Claims Court judge, a United States magistrate,
a judge of the United States Court of Appeals for
the Armed Forces, and a bankruptcy judge.’’.
(2) DEPOSITS.—
(A) 
FOR
MEMBER
SERVICE.—Section
8334(c) is amended in the matter relating to a
Member for Member service by striking
‘‘8 ........
After December 31,
1969.’’
and inserting the following:
‘‘8 ........
January 1, 1970, to
(but not including)
the effective date of
the Congressional
Pension Reform Act
of 1995.
‘‘7 ........
On and after the effec-
tive date of the Con-
gressional Pension
Reform Act of
1995.’’.
(B) 
FOR
CONGRESSIONAL
EMPLOYEE
SERVICE.—Section 8334(c) is amended in the
matter relating to a Member or employee for
Congressional employee service by striking
‘‘71⁄2 .....
After December 31,
1969.’’
and inserting the following:
‘‘71⁄2 .....
January 1, 1970, to
(but not including)
the effective date of
the Congressional
Pension Reform Act
of 1995.
‘‘7 ........
On and after the effec-
tive date of the Con-
gressional Pension
Reform Act of
1995.’’.
(b) IMMEDIATE RETIREMENT.—
(1) AT AGE 55 WITH 30 YEARS OF SERVICE, AGE
60 WITH 20 YEARS OF SERVICE, OR AGE 62 WITH 5
YEARS OF SERVICE.—Subsections (a), (b), and (f) of
section 8336 are amended by inserting ‘‘or Member’’
after ‘‘employee’’.
(2) AT AGE 50 WITH 20 YEARS OF SERVICE OR
ANY
AGE
WITH
YEARS
OF
SERVICE.—Section
8336(g) is amended to read as follows:
‘‘(g) A Member who is separated from the service,
except by resignation or expulsion—
‘‘(1) after completing 25 years of service, or
‘‘(2) after becoming 50 years of age and com-
pleting 20 years of service,
is entitled to an annuity.’’.
(3) APPLICABILITY.—The amendments made
by this subsection shall apply with respect to any an-
nuity eligibility for which is based on a separation
occurring on or after the effective date of this Act.
(4) SAVINGS PROVISION.—
(A) IN GENERAL.—Eligibility for an imme-
diate annuity under section 8336 of title 5,
United States Code, shall, in the case of an in-
dividual described in subparagraph (B), be de-
termined in accordance with the provisions of
such section, as they would read if paragraphs
(1) and (2) of this subsection had not been en-
acted.
(B) DESCRIPTION.—This paragraph ap-
plies with respect to any individual who—
(i) performs service as a Member of
Congress on or after the effective date of
this Act; and
(ii) as of the day before the effective
date of this Act, satisfies the age and serv-
ice requirements for title to an immediate
annuity under section 8336(g) of such
title, as then in effect.
(C) LENGTH
OF
SERVICE.—Any deter-
mination under subparagraph (B) relating to
length of service shall be made without regard
to—
(i) any deposit or redeposit require-
ment;
(ii) any requirement that the individ-
ual become subject to this subchapter after
performing the service involved (including
for a specified minimum period of time); or
(iii) any requirement that the individ-
ual give notice in writing to the official by
whom such individual is paid of such indi-
vidual’s desire to become subject to this
subchapter.
(c) DEFERRED RETIREMENT.—
(1) AT AGE 62 WITH 5 YEARS OF SERVICE.—
Section 8338(a) is amended by inserting ‘‘or Mem-
ber’’ after ‘‘employee’’.
(2) REPEALER.—Section 8338(b) is repealed.
(3) APPLICABILITY.—The amendments made
by this subsection shall apply with respect to any an-
nuity eligibility for which is based on a separation
occurring on or after the effective date of this Act.
(4) SAVINGS PROVISION.—
(A) IN
GENERAL.—Eligibility for a de-
ferred annuity under section 8338 of title 5,
United States Code, shall, in the case of an in-
dividual described in subparagraph (B), be de-
termined in accordance with the provisions of
such section, as they would read if paragraphs
(1) and (2) of this subsection had not been en-
acted.
(B) DESCRIPTION.—This paragraph ap-
plies with respect to any individual who—
(i) performs service as a Member of
Congress on or after the effective date of
this Act; and
(ii) as of the day before the effective
date of this Act, satisfies the age and serv-
ice requirements for title to a deferred an-
nuity under section 8338(b) of such title,
as then in effect.
(C) LENGTH
OF
SERVICE.—Any deter-
mination under subparagraph (B) relating to
length of service shall be made without regard
to—
(i) any deposit or redeposit require-
ment;
(ii) any requirement that the individ-
ual become subject to this subchapter after
performing the service involved (including
for a specified minimum period of time); or
(iii) any requirement that the individ-
ual give notice in writing to the official by
whom such individual is paid of such indi-
vidual’s desire to become subject to this
subchapter.
(d) COMPUTATION OF ANNUITY.—
(1) MEMBERS.—
(A) IN
GENERAL.—Section 8339(c) is
amended by striking all that follows ‘‘with re-
spect to—’’ and inserting the following:
‘‘(1) so much of his service as a Member as is
or was performed before the effective date of the
Congressional Pension Reform Act of 1995;
‘‘(2) so much of his military service as—
‘‘(A) is creditable for the purpose of this
paragraph; and
‘‘(B) is or was performed before the date
referred to in paragraph (1); and
‘‘(3) so much of his Congressional employee
service as is or was performed before the date re-
ferred to in paragraph (1);
by multiplying 21⁄2 percent of his average pay by the years
of that service.’’.
(B) 
TECHNICAL
AMENDMENT.—Section
8332(d) is amended by striking ‘‘section
8339(c)(1)’’ and inserting ‘‘section 8339(c)’’.
(2) 
CONGRESSIONAL
EMPLOYEES.—Section
8339(b) is amended—
(A) by inserting ‘‘so much of’’ after ‘‘is
computed with respect to’’; and
(B) by inserting ‘‘as is or was performed
before the effective date of the Congressional
Pension Reform Act of 1995,’’ before ‘‘by mul-
tiplying’’.
(3) REDUCTION FOR RETIREMENT BEFORE A
CERTAIN AGE.—
(A) IN
GENERAL.—Section 8339(h) is
amended—
(i) by striking the second sentence;
and
(ii) in the first sentence by striking
‘‘subsections (a), (b), (d)(5), and (f) of this
section for an employee retiring under sec-
tion 8336(d), (h), or (j) of this title’’ and
inserting ‘‘subsections (a), (b), (c), (d)(5),
and (f) of this section for an employee re-
tiring under section 8336(d), (h), or (j) of
this title, or for a Member retiring under
section 8336(g) of this title,’’.
(B) 
APPLICABILITY.—The 
amendments
made by subparagraph (A) shall apply with re-
spect to the computation of any benefits eligi-
bility for which is based on a separation occur-
ring on or after the effective date of this Act.
(e) ANNUITY FOR THE SURVIVING SPOUSE OF A
FORMER MEMBER WITH TITLE TO A DEFERRED ANNU-
ITY.—
(1) IN GENERAL.—Section 8341(f) is repealed.
(2) SAVINGS
PROVISION.—Nothing in para-
graph (1) shall affect any person’s eligibility for a
survivor annuity based on the death of an individual
whose separation from service with title to a de-
ferred annuity occurs or occurred before the effective
date of this Act.
(f) ANNUITIES AND PAY ON REEMPLOYMENT.—
(1) IN GENERAL.—Section 8344 is amended—
(A) by repealing subsection (d);
(B) in subsection (a)—
(i) by inserting ‘‘or’’ at the end of
paragraph (2), by striking ‘‘or’’ at the end
of paragraph (3), and by striking para-
graph (4); and
(ii) in subparagraph (A) by striking
‘‘(if the employee so elects),’’ and inserting
‘‘(if the annuitant so elects),’’ and by in-
serting ‘‘(c),’’ after ‘‘(b),’’;
(C) in subsections (b), (c), and (f) by strik-
ing ‘‘, other than a Member receiving an annu-
ity from the Fund,’’; and
(D) in subsection (b) by adding at the end
the following: ‘‘The Office shall prescribe regu-
lations for applying this subsection with respect
to a Member.’’.
(2) SAVINGS PROVISIONS.—
(A) IN GENERAL.—Section 8344(d) of title
5, United States Code, as last in effect before
the effective date of this Act, shall continue to
apply after such effective date with respect to
any former Member of Congress serving in an
appointive or elective position as of such date.
(B) 
TERMINATION.—Subparagraph 
(A)
shall not apply with respect to any position to
which such former Member is appointed or
elected after the effective date of this Act.
(g) ELIGIBILITY FOR ANNUITY.—
(1) IN GENERAL.—Section 8333(c) is repealed.
(2) APPLICABILITY.—The amendment made by
paragraph (1) shall apply with respect to any deter-
mination of eligibility for an annuity based on a sep-
aration occurring on or after the effective date of
this Act.
SEC. 4. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.
(a) ELECTION NOT TO PARTICIPATE.—
(1) IN GENERAL.—Section 8401(20) is amend-
ed by striking ‘‘2106,’’ and all that follows through
the semicolon and inserting ‘‘2106;’’.
(2) 
SAVINGS
PROVISION.—The 
amendment
made by paragraph (1) shall not affect any election
made before the effective date of this Act.
(b) COMPUTATION OF BASIC ANNUITY.—
(1) MEMBERS.—Section 8415(b) is amended by
striking ‘‘shall’’ and inserting ‘‘shall, to the extent
that such service is or was performed before the ef-
fective date of the Congressional Pension Reform
Act of 1995,’’.
(2) 
CONGRESSIONAL
EMPLOYEES.—Section
8415(c) is amended by striking ‘‘shall’’ and inserting
‘‘shall, to the extent that such service is or was per-
formed before the effective date of the Congressional
Pension Reform Act of 1995,’’.
(3) PROVISIONS
RELATING
TO
THE
1.1
PER-
CENT ACCRUAL RATE.—Section 8339(g) is amend-
ed—
(A) in paragraph (1) by striking ‘‘an em-
ployee under paragraph (2),’’ and inserting ‘‘an
employee or Member under paragraph (2),’’;
(B) in paragraph (2) by inserting ‘‘or
Member’’ after ‘‘in the case of an employee’’
and by striking ‘‘Congressional employee,’’; and
(C) by adding at the end the following:
‘‘(3) Notwithstanding any other provision of this sub-
section—
‘‘(A) this subsection shall not apply in the case
of a Member or Congressional employee whose sepa-
ration (on which entitlement to annuity is based) oc-
curs before the effective date of the Congressional
Pension Reform Act of 1995; and
‘‘(B) in the case of a Member or Congressional
employee to whom this subsection applies, the 1.1
percent accrual rate shall apply only with respect to
any period of service other than a period with re-
spect to which the 1.7 percent accrual rate applies
under subsection (b) or (c).’’.
(c) DEDUCTIONS FROM PAY.—Section 8422(a)(2) is
amended—
(1) in subparagraph (A) by striking ‘‘air traffic
controller, or Congressional employee)’’ and insert-
ing ‘‘or air traffic controller) or Member,’’; and
(2) in subparagraph (B) by striking ‘‘a Mem-
ber, law enforcement officer, firefighter, air traffic
controller, or Congressional employee,’’ and inserting
‘‘a law enforcement officer, firefighter, or air traffic
controller,’’.
(d) 
GOVERNMENT
CONTRIBUTIONS.—Section
8423(a)(1) is amended—
(1) in subparagraph (A)(i) by striking ‘‘sub-
paragraph (B)),’’ and inserting ‘‘subparagraph (B))
and Members,’’;
(2) in subparagraph (B)(i) by striking ‘‘Mem-
bers, Congressional employees,’’; and
(3) in subparagraph (B)(ii) by striking ‘‘and
Members’’.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on the first day of the first
Congress beginning after the date of the enactment of this
Act.
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