I
103D CONGRESS
1ST SESSION
H. R. 1045
To amend title II of the Social Security Act to provide in certain cases
for an exchange of credits between the old-age, survivors, and disability
insurance system and the civil service retirement system so as to enable
individuals who have coverage under both systems to obtain maximum
benefits based on their combined service.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1993
Mrs. BYRNE introduced the following bill; which was referred jointly to the
Committees on Ways and Means and Post Office and Civil Service
A BILL
To amend title II of the Social Security Act to provide
in certain cases for an exchange of credits between the
old-age, survivors, and disability insurance system and
the civil service retirement system so as to enable individ-
uals who have coverage under both systems to obtain
maximum benefits based on their combined service.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That title II of the Social Security Act is amended by add-
ing at the end thereof the following new section:
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‘‘EXCHANGE OF CREDITS BETWEEN SOCIAL SECURITY
AND CIVIL SERVICE RETIREMENT SYSTEMS
‘‘SEC. 230. UNDER REGULATIONS PRESCRIBED BY
THE SECRETARY IN CONSULTATION WITH THE CIVIL
SERVICE COMMISSION.—
‘‘(a)(1) If an individual age 65 or over—
‘‘(A) is eligible for any annuity under sub-
chapter III of chapter 83 of title 5, United
States Code, and has been credited with wages
or self-employment income (or both) for pur-
poses of this title but is not eligible for benefits
under section 202(a), or
‘‘(B) is eligible both for benefits under sec-
tion 202(a) and for an annuity under sub-
chapter III of chapter 83 of such title 5, but
the monthly total of such benefits plus such an-
nuity is less than the monthly amount to which
such annuity would be increased if the wages
and self-employment income with which he has
been credited for purposes of this title had in-
stead constituted basic pay for employment
creditable for civil service retirement purposes
under section 8332 of such title 5, or
‘‘(C) is not eligible either for benefits
under section 202(a) or for an annuity under
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subchapter III of chapter 83 of such title 5, but
(i) he would be eligible for an annuity under
such subchapter III if all wages and self-em-
ployment income with which he has been cred-
ited for purposes of this title had instead con-
stituted basic pay for employment creditable for
civil service retirement purposes under section
8332 of such title 5, and (ii) the monthly
amount of such annuity would be greater than
the monthly amount of any benefits for which
he would be eligible under section 202(a) if the
amount of any basic pay which he actually re-
ceived for employment so creditable had instead
constituted wages or self-employment income
for purposes of this title,
then, upon written request filed by or on behalf of
such individual (in such manner and form as may be
provided in such regulations), all wages and self-em-
ployment income with which such individual has
theretofore been credited for purposes of this title
shall be treated for purposes of such subchapter III
(effective with respect to months after the month in
which the request is filed) as constituting basic pay
received by such individual for employment cred-
itable under section 8332 of such title 5, and as hav-
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ing been received in the same amounts and at the
same times as they were actually received for pur-
poses of this title; and the entries in the Secretary’s
records with respect to such wages and self-employ-
ment income shall thereupon be deleted.
‘‘(2) If an individual age 65 or over—
‘‘(A) is eligible for benefits under section
202(a), and has been credited with basic pay
for employment creditable for civil service re-
tirement purposes under section 8332 of title 5,
United States Code, but is not eligible for an
annuity under subchapter III of chapter 83 of
such title, or
‘‘(B) is eligible both for benefits under sec-
tion 202(a) and for an annuity under sub-
chapter III of chapter 83 of such title 5, but
the monthly total of such benefits plus such an-
nuity is less than the monthly amount to which
such benefits would be increased if the basic
pay with which he has been credited for civil
service retirement purposes under section 8332
of such title 5 had instead constituted wages or
self-employment income for purposes of this
title, or
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‘‘(C) is not eligible either for benefits
under section 202(a) or for an annuity under
subchapter III of chapter 83 of such title 5, but
(i) he would be eligible for benefits under sec-
tion 202(a) if all basic pay with which he has
been credited for civil service retirement pur-
poses under section 8332 of such title 5 had in-
stead constituted wages or self-employment in-
come for purposes of this title, and (ii) the
monthly amount of such benefits would be
greater than the monthly amount of any annu-
ity for which he would be eligible under sub-
chapter III of chapter 83 of such title 5 if the
amount of any wages and self-employment in-
come which he actually received for purposes of
this title had instead constituted basic pay cred-
itable under section 8332 of such title 5,
then, upon written request filed by or on behalf of
such individual (in such manner and form as may be
provided in such regulations), all basic pay with
which such individual has theretofore been credited
for civil service retirement purposes under section
8332 of such title 5 shall be treated for purposes of
this title (effective with respect to months after the
month in which the request is filed) as constituting