I
105TH CONGRESS
1ST SESSION
H. R. 729
To amend certain provisions of title 5, United States Code, relating to
the treatment of Members of Congress and Congressional employees
for retirement purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 12, 1997
Mr. PITTS introduced the following bill; which was referred to the Committee
on Government Reform and Oversight, and in addition to the Committee
on House Oversight, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend certain provisions of title 5, United States Code,
relating to the treatment of Members of Congress and
Congressional employees for retirement 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.
This Act may be cited as the ‘‘Congressional Annuity
Reform Act of 1997’’.
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) PROVISIONS RELATING TO MAXIMUM ANNUITY
ALLOWABLE PURSUANT
TO COST-OF-LIVING ADJUST-
MENTS.—Section 8340(g)(1) is amended—
(1) in subparagraph (A) by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (B)—
(A) by striking ‘‘employee or Member’’ and
inserting ‘‘employee’’;
(B) by striking ‘‘employee or Member,’’
and inserting ‘‘employee,’’;
(C) by striking ‘‘employee’s or Member’s’’
and inserting ‘‘employee’s’’; and
(D) by striking the period at the end of
subparagraph (B)(ii) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(C) the final pay (or average pay, if higher) of
the Member with respect to whom the annuity is
paid.’’.
(b) PROVISIONS RELATING TO YEARS OF SERVICE AS
A MEMBER
OF CONGRESS
AND CONGRESSIONAL EM-
PLOYEE FOR PURPOSES OF COMPUTING AN 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 Annuity Reform Act of 1997;
‘‘(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
Annuity Reform Act of 1997,’’ before ‘‘by mul-
tiplying’’.
(c) CONTRIBUTION RATES.—
(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 An-
nuity Reform Act of
1997.
‘‘7 ........
On and after the effec-
tive date of the Con-
gressional Annuity
Reform Act of
1997.’’.
(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 An-
nuity Reform Act of
1997.
‘‘7 ........
On and after the effec-
tive date of the Con-
gressional Annuity
Reform Act of
1997.’’.
SEC. 4. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.
(a) PROVISIONS RELATING TO YEARS OF SERVICE AS
A MEMBER
OF CONGRESS
AND CONGRESSIONAL EM-
PLOYEE FOR PURPOSES OF COMPUTING AN 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 Annuity Reform
Act of 1997,’’.
(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
Annuity Reform Act of 1997,’’.
(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
Annuity Reform Act of 1997; 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).’’.
(b) CONTRIBUTION RATES.—
(1) 
DEDUCTIONS
FROM
PAY.—Section
8422(a)(2) is amended—
(A) in subparagraph (A) by striking ‘‘air
traffic controller, or Congressional employee)’’
and inserting ‘‘or air traffic controller) or Mem-
ber,’’; and
(B) in subparagraph (B) by striking ‘‘a
Member, law enforcement officer, firefighter, air
traffic controller, or Congressional employee,’’
and inserting ‘‘a law enforcement officer, fire-
fighter, or air traffic controller,’’.
(2) GOVERNMENT
CONTRIBUTIONS.—Section
8423(a)(1) is amended—
(A) in subparagraph (A)(i) by striking
‘‘subparagraph (B)),’’ and inserting ‘‘subpara-
graph (B)) and Members,’’;
(B) in subparagraph (B)(i) by striking
‘‘Members, Congressional employees,’’; and
(C) in subparagraph (B)(ii) by striking
‘‘and Members’’.
SEC. 5. EFFECTIVE DATE.
(a) IN GENERAL.—This Act shall take effect on the
day after the next election of Representatives (within the
meaning of the 27th article of amendment to the Constitu-
tion of the United States) occurring after the date of the
enactment of this Act.
(b) ANNUITY MAXIMUM.—The amendments made by
section 3(a) shall apply with respect to annuities com-
mencing on or after the date on which this Act takes ef-
fect.
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