I
104TH CONGRESS
1ST SESSION
H. R. 1618
To amend title 5, United States Code, to impose certain limitations relating
to participation by a Member of Congress in the Civil Service Retirement
System or the Federal Employees’ Retirement System.
IN THE HOUSE OF REPRESENTATIVES
MAY 11, 1995
Mr. GUTKNECHT (for himself, Mr. METCALF, Mr. BROWNBACK, Mr. FOX of
Pennsylvania, Mr. WAMP, Mr. RIGGS, Mr. NEUMANN, Mr. ENGLISH of
Pennsylvania, Mr. SOUDER, Mr. DAVIS, Mr. SANFORD, Mr. KLUG, Mr.
SMITH
of 
Michigan, 
Mr. 
COBURN, 
Mr. 
CHRISTENSEN, 
Mr.
SCARBOROUGH, Mr. SHADEGG, Mr. LOBIONDO, Mr. RADANOVICH, Mrs.
SEASTRAND, Mr. HAYWORTH, Mrs. SMITH of Washington, and Mr.
LARGENT) introduced the following bill; which was referred to the Com-
mittee on Government Reform and Oversight, and in addition to the
Committee on House 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 impose certain
limitations relating to participation by a Member of Con-
gress in the Civil Service Retirement System or the Fed-
eral Employees’ Retirement System.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.
(a) LIMITATION.—Chapter 84 of title 5, United
States Code, is amended by inserting after section 8410
the following:
‘‘§ 8410a. Limitation relating to Members
‘‘(a) This section shall apply with respect to any
Member serving as—
‘‘(1) a Member of the House of Representatives
after completing 12 years of service as a Member of
the House of Representatives; or
‘‘(2) a Senator after completing 12 years of
service as a Senator.
‘‘(b) A Member to whom this section applies remains
subject to this chapter, except as follows:
‘‘(1)(A) Deductions under section 8422 shall
not be made from any pay for service performed as
such a Member.
‘‘(B) Government contributions under section
8423 shall not be made with respect to any such
Member.
‘‘(C) Service performed as such a Member shall
not be taken into account for purposes of any com-
putation under section 8415.
‘‘(2) Government contributions under section
8432(c) shall not be made with respect to any period
of service performed as such a Member.
‘‘(c) Nothing in subsection (b) shall be considered to
prevent any period of service from being taken into ac-
count for purposes of determining whether any age and
service requirements for entitlement to an annuity have
been met.
‘‘(d) For purposes of subsection (a)—
‘‘(1) only service performed after the 103rd
Congress shall be taken into account; and
‘‘(2) service performed while subject to sub-
chapter III of chapter 83 (if any) shall be treated
in the same way as if it had been performed while
subject to this chapter.
‘‘(e) For purposes of this section, the term ‘Member
of the House of Representatives’ includes a Delegate to
the House of Representatives and the Resident Commis-
sioner from Puerto Rico.’’.
(b) TABLE OF CONTENTS.—The table of contents for
chapter 84 of title 5, United States Code, is amended by
inserting after the item relating to section 8410 the follow-
ing:
‘‘8410a. Limitation relating to Members.’’.
SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.
(a) LIMITATION.—Chapter 83 of title 5, United
States Code, is amended by inserting after section 8333
the following:
‘‘§ 8333a. Limitation relating to Members
‘‘(a) This section shall apply with respect to any
Member serving as—
‘‘(1) a Member of the House of Representatives
after completing 12 years of service as a Member of
the House of Representatives; or
‘‘(2) a Senator after completing 12 years of
service as a Senator.
‘‘(b) A Member to whom this section applies remains
subject to this subchapter, except as follows:
‘‘(1) Deductions under the first sentence of sec-
tion 8334(a) shall not be made from any pay for
service performed as such a Member.
‘‘(2) Government contributions under the sec-
ond sentence of section 8334(a) shall not be made
with respect to any such Member.
‘‘(3) Service performed as such a Member shall
not be taken into account for purposes of any com-
putation under section 8339, except in the case of
a disability annuity.
‘‘(c)(1) Nothing in subsection (b) shall be considered
to prevent any period of service from being taken into ac-
count for purposes of determining whether any age and
service requirements for entitlement to an annuity have
been met.
‘‘(2) Nothing in subsection (b) or (c) of section 8333
shall apply with respect to a Member who, at the time
of separation, is a Member to whom this section applies.
‘‘(d) For purposes of subsection (a), only service per-
formed after the 103rd Congress shall be taken into ac-
count.
‘‘(e) For purposes of this section, the term ‘Member
of the House of Representatives’ includes a Delegate to
the House of Representatives and the Resident Commis-
sioner from Puerto Rico.’’.
‘‘8333a. Limitation relating to Members of the House of Representatives.’’.
Æ