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106TH CONGRESS
1ST SESSION
H. R. 1769
To eliminate certain inequities in the Civil Service Retirement System and
the Federal Employees’ Retirement System with respect to the computa-
tion of benefits for law enforcement officers, firefighters, air traffic
controllers, nuclear materials couriers, and their survivors, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1999
Mr. CUMMINGS introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To eliminate certain inequities in the Civil Service Retire-
ment System and the Federal Employees’ Retirement
System with respect to the computation of benefits for
law enforcement officers, firefighters, air traffic control-
lers, nuclear materials couriers, and their survivors, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act may be cited as the ‘‘Federal Employ-
ees’ Benefits Equity Act of 1999.’’
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CIVIL SERVICE RETIREMENT SYSTEM
SEC. 2. (a) Section 8339 of title 5, United States
Code, is amended—
(1) in subsection (d)(1)—
(A) by striking ‘‘(d)(1)’’ and inserting
‘‘(d)(1)(A)’’;
(B) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively; and
(C) by adding at the end the following new
subparagraph:
‘‘(B) If, at any age and after completing
20 years of service as a law enforcement officer,
firefighter, or nuclear materials courier, or any
combination of such service totaling at least 20
years, an employee retires under section
8336(d)(1) or 8337, the annuity of such em-
ployee shall be computed under subparagraph
(A).’’;
(2) in subsection (e)—
(A) by striking ‘‘(e)’’ and inserting
‘‘(e)(1)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) If, at any age and after completing 20 years of
service as an air traffic controller, an employee retires
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cation of such subsections to the employee or Mem-
ber at the date of death. For this purpose, the dece-
dent shall be deemed to have been disabled for pur-
poses of retirement under section 8337 at the time
of death.’’; and
(2) by striking ‘‘Notwithstanding the preceding
sentence’’ and inserting ‘‘Notwithstanding the first
sentence of this subsection’’.
(c) Section 8342 of title 5, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(k) When an employee—
‘‘(1) has service as a law enforcement officer,
firefighter, nuclear materials courier, or member of
the Capitol Police for which retirement deductions
were withheld under section 8334(a) or deposited
under section 8334(c) at a higher percentage rate
than that applicable to employees generally; and
‘‘(2)(A) begins to receive an annuity which is
not computed under section 8339(d) or (q) and, in
the case of a member of the Capitol Police, also does
not have his or her service as a member of the Cap-
itol Police credited in the computation of an annuity
under section 8339(b) or (c); or
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‘‘(B) dies before retiring under this subchapter
but who leaves a survivor entitled to an annuity
under section 8341 based on the deceased employ-
ee’s service, provided that—
‘‘(i) such survivor annuity is not based on
an employee annuity computed under section
8339(d) or (q); and
‘‘(ii) where the decedent was a member or
former member of the Capitol Police, such sur-
vivor annuity is not based on an annuity com-
puted under section 8339(b) or (c) which in-
cludes credit for service as a member of the
Capitol Police—
the difference between the employee deductions for
such service at the higher percentage rate and the
employee deductions that would have been withheld
at the rate applicable to employees generally under
section 8334(a)(1), together with interest computed
in accordance with paragraphs (2) and (3) of section
8334(e) and applicable regulations prescribed by the
Office, shall be paid to the annuitant or, in the case
of a deceased employee, to the individual entitled to
a lump-sum benefit under subsection (c).’’.
FEDERAL EMPLOYEES’ RETIREMENT SYSTEM
SEC. 3. (a) Section 8415(d) of title 5, United States
Code, is amended to read as follows—
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‘‘(d)(1) The annuity of an employee retiring under
subsection (d) or (e) of section 8412 or under subsection
(a), (b), or (c) of section 8425 is—
‘‘(A) 17⁄10 percent of that individual’s average
pay multiplied by so much of such individual’s total
service as a law enforcement officer, firefighter,
member of the Capitol Police, nuclear materials cou-
rier, or air traffic controller as does not exceed 20
years; plus
‘‘(B) 1 percent of that individual’s average pay
multiplied by the remainder of such individual’s total
service.
‘‘(2) If, at any age and after completing 20 years of
service as a law enforcement officer, firefighter, member
of the Capitol Police, or nuclear materials courier, or any
combination of such service totaling at least 20 years, an
employee retires under section 8414(b)(1)(A) or 8451, the
annuity of such employee shall be computed under para-
graph (1).
‘‘(3) If, at any age and after completing 20 years of
service as an air traffic controller, an employee retires
under section 8414(b)(1)(A) or 8451, the annuity of such
employee shall be computed under paragraph (1).’’.
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(b) Section 8424 of title 5, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(i) When an employee—
‘‘(1) has service as a law enforcement officer,
firefighter, member of the Capitol Police, air traffic
controller, or nuclear materials courier for which re-
tirement deductions were withheld under section
8422(a) at a higher percentage rate than that appli-
cable to employees generally; and
‘‘(2)(A) begins to receive an annuity which is
not computed under section 8415(d) and, in the case
of a member of the Capitol Police, also does not
have his or her service as a member of the Capitol
Police credited in the computation of an annuity
under section 8415(b) or (c); or
‘‘(B) dies before having retired under this chap-
ter but who leaves a survivor entitled to an annuity
under subchapter IV based on the deceased employ-
ee’s service provided that—
‘‘(i) such survivor annuity is not based on
an employee annuity computed under section
8415(d); and
‘‘(ii) where the decedent was a member or
former member of the Capitol Police, such sur-
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vivor annuity is not based on an annuity com-
puted under section 8415 (b) or (c) which in-
cludes service as a member of the Capitol
Police—
the difference between the employee deductions for
such service at the higher percentage rate and the
employee deductions that would have been withheld
at the rate applicable to employees generally under
section 8422(a)(2), together with interest computed
in accordance with paragraphs (2) and (3) of section
8334(e) and applicable regulations prescribed by the
Office, shall be paid to the annuitant or, in the case
of a deceased employee, to the individual entitled to
a lump-sum benefit under subsection (d).’’.
(c) Section 8442 of title 5, United States Code, is
amended—
(1) in subsection (b)(1) by adding at the end
the following:
‘‘For purposes of the preceding sentence, section
8415(b)–(d) and (g) may be considered as applying with
respect to the employee or Member only if the employee
or Member satisfied the age and service requirements for
application of such subsections to the employee or Member
at the date of death. For this purpose, the decedent shall
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be deemed to have been disabled for purposes of retire-
ment under section 8451 at the time of death.’’; and
(2) in subsection (c)(2)(A)(i) by striking ‘‘sec-
tion 8415’’ and inserting ‘‘section 8415, but without
regard to subsection (d) of such section,’’.
EFFECTIVE DATES
SEC. 4. (a)(1) Except as provided in paragraph (2),
the amendments made by sections 2(a) and 3(a) shall take
effect on the date of enactment of this Act and shall apply
only with respect to individuals who separate from the
service on or after such date of enactment.
(2) Notwithstanding paragraph (1), a survivor annu-
ity based on the service of a law enforcement officer who
died as an employee after October 19, 1969, or a fire-
fighter who died as an employee after August 13, 1972,
shall be computed as if the amendments made by section
2(a)(1) had been in effect as of the commencing date of
such survivor annuity. However, any such survivor annuity
commencing before the date of enactment of this Act shall
be adjusted, retroactive to the commencing date of annu-
ity, only upon application by the survivor annuitant.
(b) The amendments made by section 2(b) shall take
effect on the date of enactment of this Act, and also, in
the case of an individual whose death occurred prior to
such date of enactment, shall apply effective at the com-
mencing date of the annuity to any annuity payable under
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section 8341(d) of title 5, United States Code, or similar
predecessor provisions of law applicable to survivor annu-
ities based on the service of employees or Members who
died before retiring.
(c) The amendments made by sections 2(c) and 3(b)
shall take effect on the date of enactment of this Act and
shall apply only with respect to individuals who separate
from the service or die in service on or after such date
of enactment.
(d) The amendments made by section (3)(c) shall
take effect on January 1, 1987.
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