An Act to amend subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement, and for other purposes
PL 91-93 (H.R.9825), enacted 10/20/1969

136 
PUBLIC LAW 91-93-OCT. 20, 1969 
[83 
STAT. 
October 20, 1969 
[H. R. 9825] 
Public Law 91-93 
AN ACT 
To amend subchapter III of chapter 83 of title 5, United States Code, relating to 
civil service retirement, and for other purposes. 
Civil Service 
Retirement 
Amendments of 
1969. 
80 Stat. 564; 
81 Stat. 213. 
"Normal cost." 
"Fund 
balance.' 
"Unfunded 
liability." 
Post, 
p. 137. 
Agency-
employee con-
tributions. 
80 Stat. 569. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Civil Service Retirement Amendments of 1969". 
TITLE I—CIVIL SERVICE RETIREMENT FINANCING 
SEC. 101. Section 8331 of title 5, United States Code, is amended— 
(1). by striking out "and" at the end of paragraph (15); 
(2) by striking out the period at the end of paragraph (16) and 
inserting a semicolon in lieu thereof; and 
(3) by adding immediately below paragraph (16) the follow-
ing new paragraphs: 
(17) 'normal cost' means the entry-age normal cost computed 
by the Civil Service Cohimission in accordance with generally 
accepted actuarial practice and expressed as a level percentage of 
aggregate basic pay; 
" (18) 'Fund balance' means the sum of— 
" (A) the investments of the Fund calculated at par value; 
and 
"(B) the cash balance of the Fund on the books of the 
Treasury; and 
"(19) 'unfunded liability' means the estimated excess of the 
present value of all benefits payable from the Fund to employees 
and Members, and former employees and Members, subject to this 
subchapter, and to their survivors, over the sum of— 
"(A) the present value of deductions to be withheld from 
the future basic pay of employees and Members currently 
subject to this subchapter and of future agency contributions 
to be made in their behalf; plus 
"(B) the present value of Government payments to the 
Fund under section 8348 (f) of this title; plus 
"(C) the Fund balance as of the date the unfunded liability 
is determined.". 
SEC. 102. (a) Section 8334 of title 5, United States Code, is 
amended— 
(1) by amending subsection (a) to read as follows: 
" (a) (1) The employing agency shall deduct and withhold 7 percent 
of the basic pay of an employee, 7i/^ percent of the basic pay of a 
Congressional employee, and 8 percent of the basic pay of a Member. 
An equal amount shall be contributed from the appropriation or fund 
used to pay the employee or, in the case of an elected official, from an 
appropriation or fund available for payment of other salaries of the 
same office or establishment. When an employee in the legislative 
branch is paid by the Clerk of the House of Representatives, the Clerk 
may pay from the contingent fund of the House the contribution 
that otherwise would be contributed from the appropriation or fund 
used to pay the employee. 
"(2) The amounts so deducted and withheld, together with the 
amounts so contributed, shall be deposited in the Treasury of the 
United States to the credit of the Fund under such procedures as the 
Comptroller General of the United States may prescribe. Deposits 
made by an employee or Member also shall be credited to the Fund."; 
and 
83 STAT. ] 
PUBLIC LAW 91-93-OCT. 20, 1969 
137 
(2) by amending subsection (c) to read as follows: 
_ 
s
o
^ s°at!^57o. 
"(c) Each employee or Member credited with civilian service after 
s use 8334. 
July 31, 1920, for which retirement deductions or deposits have not 
been made, may deposit with interest an amount equal to the following 
percentages of his basic pay received for that service: 
"Percentage of 
basic pay 
Service period 
Employee 
2^^ 
August 1,1920, to June 30,1926. 
31/2 
July 1,1926, to June 30,1942. 
5 
July 1,1942, to June 30,1&48. 
6 
July 1,1948, to October 31,1956. 
61^ 
November 1,1956, to December 31,1969. 
7 
After December 31,1969. 
Member or 
employee for 
Congressional 
employee 
service 
2y2 
August 1,1920, to June 30,1926. 
31/2 
July 1,1926, to June 30,1942. 
5 
July 1,1942, to June 30,1^8. 
6 
July 1,1948, to October 31,1956. 
6y2 
November 1,1956, to December 31,1969. 
71/2 
After December 31,1969. 
Member for 
Member 
service 
21/2 
August 1,1920, to June 30,1926. 
31/2 
July 1,1926, to June 30,1942. 
0 
July 1,1942, to August 1,1946. 
6 
August 2,1946, to October 31,1956. 
71/2 
November 1,1956, to December 31,1969. 
8 
After December 31,1969. 
Notwithstanding the foregoing provisions of this subsection, the 
deposit with respect to a period of service referred to in section 
8332(b) (6) of this title performed before January 1,1969, shall be an 
^^ stat. 757. 
amount equal to 55 percent of a deposit computed in accordance with 
such provisions.". 
(b) The amendment made by subsection (a) (1) of this section shall 
become effective at the beginning of the first applicable pay period 
beginning after December 31,1969. 
SEC. 103. (a) Section 8348 of title 5, United States Code, is 
^ 
a m e n d e d 
Disability Fund 
(1) by amending subsection (a) to read as follows: 
si stat. 2 is. 
"(a) There is a Civil Service Retirement and Disability Fund. The 
Fund— 
(1) is appropriated for the payment of— 
"(A) benefits as provided by this subchapter; and 
" ( B ) administrative expenses incurred by the Civil Service 
Commission in placing in effect each annuity adjustment 
granted under section 8340 of this title; and 
"(2) is made available, subject to such annual limitation as the 
Congress may prescribe, for any expenses incurred by the Com-
mission in connection with the administration of this chapter and 
other retirement and annuity statutes."; and 
(2) by striking out subsections (f) and (g) and inserting in fut^%"en*efit°s'. 
lieu thereof: 
so stat. 584.* 
"(f) Any statute which authorizes— 
"(1) new or liberalized benefits payable from the Fund, includ-
ing annuity increases other than under section 8340 of this title; 
" (2) extension of the coverage of this subchapter to new groups 
of employees; or 
"(3) increases in pay on which benefits are computed; 
is deemed to authorize appropriations to the Fund to finance the 
unfunded liability created by that statute, in 30 equal annual install-
Effective date. 
Civil Service 
Retirement and 
81 Stat. 215; 
Post, p. 139,. 
138 
PUBLIC LAW 91-93-OCT. 20, 1969 
[83 STAT. 
Unfunded 
liability obliga-
tions. 
Report to 
President and 
Congress. 
Effective date. 
80 Stat. 403. 
Repeal. 
Average pay 
computation. 
80 Stat. 566. 
Pose, p. 140. 
80 Stat. 569. 
Ante, p. 136. 
80 Stat. 569; 
81 Stat. 214. 
ments with interest conmuted at the rate used in the then most recent 
valuation of the Civil Service Retirement System and with the first 
payment thereof due as of the end of the fiscal year in which each new 
or liberalized benefit, extension of coverage, or increase in pay is 
effective. 
" (g) At the end of each fiscal year, the Commission shall notify the 
Secretary of the Treasury of the amount equivalent to (1) interest on 
the unfunded liability computed for that year at the interest rate used 
in the then most recent valuation of the System, and (2) that portion 
of disbursement for annuities for that year which the Commission esti-
mates is attributable to credit allowed for military service. Before 
closing the accounts for each fiscal year, the Secretary shall credit to 
the Fund, as a Government contribution, out of any money in the 
Treasury of the United States not otherwise appropriated, the follow-
ing percentages of such amounts: 10 percent for 1971; 20 percent for 
1972; 30 percent for 1973; 40 percent for 1974; 50 percent for 1975; 
60 percent for 1976; 70 percent for 1977; 80 percent for 1978; 90 
percent for 1979; and 100 percent for 1980 and for each fiscal year 
thereafter. The Commission shall report to the President and to the 
Congress the sums credited to the Fund under this subsection.". 
(b) (1) The provisions of subsection (g) of section 8348 of title 5, 
United States Code, as contained in the amendment made by subsection 
(a) (2) of this section, shall become effective at the beginning of the 
fiscal year which ends on June 30,1971. 
(2) Paragraph (1) of this subsection shall not be held or considered 
to continue in effect after the enactment of this Act the provisions of 
section 8348 (g) of title 5, United States Code, as in effect immediately 
prior to such enactment. 
SEC. 104. Section 1308(c) of title 5, United States Code, is amended 
by striking out "on a normal cost plus interest basis". 
SEC. 105. The proviso under the heading "CIVIL SEE VICE COM-
MISSION" and under the subheading "PAYMENT TO CIVIL SERVICE 
RETIREMENT AND DISABILITY F U N D " m title I of the Independent 
Offices Appropriation .Act, 1962 (75 Stat. 345; Public Law 87-141), is 
repealed. 
TITLE II—CIVIL SERVICE RETIREMENT BENEFITS 
% 
SEC. 201. (a) Paragraph (4) (A) of section 8331 of title 5, United 
States Code, is amended to read as follows: 
"(A) over any 3 consecutive years of creditable service or, in the 
case of an annuity under subsection (d) or (e) (1) of section 8341 of 
this title based on service of less than 3 years, over the total service; or". 
(b) Subsection (c) of section 8333 of title 5, United States Code, is 
amended to read as follows: 
"(c) A Member or his survivor is eligible for an annuity under this 
subchapter only if the amounts named by section 8334 of title 5 have 
been deducted or deposited with respect to his last 5 years of civilian 
service, or, in the case of a survivor annuity under section 8341 (d) or 
(e) (1) of this chapter, with respect to his total service." 
SEC. 202. Subsection (g) of section 8334 of title 5, United States 
Code, is amended— 
(1) by striking out the word "or" at the end of paragraph (3); 
(2) by striking out the period at the end of paragraph (4) and 
inserting in lieu thereof a semicolon and the word "or"; and 
(3) by adding the following new paragraph immediately below 
paragraph (4) : 
83 STAT.] 
PUBLIC LAW 91-93-OCT. 20, 1969 
139 
"(5) days of unused sick leave credited under section 8339 (m) 
of this title.". 
SEC. 203. Section 8339 of title 5, United States Code, is amended— 
(1) by striking out of subsection (b) the words "so much of his 
service as a Congressional employee and his military service as 
does not exceed a total of 15 years" and inserting in lieu thereof 
"his service as a Congressional employee, his military service not 
exceeding 5 years,"; 
(2) by amending subsection (c) (2) to read as follows: 
"(2) his Congressional employee service;"; 
(3) by striking out the last full sentence of subsection (f): 
(4) by striking out " (excluding any increase because of retire-
ment under section 8337 of this title)" in subsection (i); and 
(5) by adding at the end thereof the following new subsection: 
"(m) In computing any annuity under subsections (a)-(d) of this 
section, the total service of an employee who retires on an immediate 
annuity or dies leaving a survivor or survivors entitled to annuity 
includes, without regard to the limitations imposed by subsection (e) 
of this section, the days of unused sick leave to his credit under a 
formal leave system, except that these days will not be counted in 
determining average pay or annuity eligibility under this subchapter.". 
SEC. 204. (a) Subsection (b) of section 8340 of title 5, United 
States Code, is amended by inserting "1 percent plus" immediately 
after the word "by". 
(b) Subsection (c) (2) of such section is amended to read as follows: 
"(2) For the purpose of computing the annuity of a child under 
section 8341 (e) of this title that commences on or after the first day of 
the first month that begins on or after the date of enactment of the 
Civil Service Retirement Amendments of 1969, the items $900, $1,080, 
$2,700, and $3,240 appearing in section 8341(e) of this title shall be 
increased by the total percent increases allowed and in force under this 
section on or after such day and, in case of a deceased annuitant, the 
items 60 percent and 75 percent appearing in section 8341(e) of this 
title shall be increased by the total percent allowed and in force to the 
annuitant under this section on or after such day." 
SEC. 205. The provisions of subsection (b)(1), (d)(3), and (g) of 
section 8341 of title 5, United States Code, also shall apply in the case 
of any widow or widower— 
(1) of an employee who died, retired, or was otherwise finally 
separated before July 18,1966; 
(2) who shall have remarried on or after such date; and 
(3) who, immediately before such remarriage, was receiving 
annuity from the Civil Service Retirement and Disability Fund; 
except that no annuity shall be paid by reason of this section*^ for any 
period prior to the enactment of this section. No annuity shall be termi-
nated solely b^ reason of the enactment of this section. Notwithstand-
ing the prohibition contained in the first sentence of this section on the 
payment of annuity for any period prior to the enactment of this 
section, in any case in which the Civil Service Commission determines 
that— 
(1) the remarriage of any widow or widower described in such 
sentence was entered into by the widow or widower in good faith 
and in reliance on erroneous information provided by Government 
authority prior to that remarriage that the then existing survivor 
annuity of the widow or widower would not be terminated because 
of the remarriage; and 
(2) such annuity was terminated by law because of that 
remarriage; 
Infra. 
80 Stat. 574. 
Unused sick 
leave credit. 
Cost-of-
living adjust-
ment. 
81 Stat. 215. 
Post, 
p. 140. 
Remarriage 
provisions. 
81 Stat. 216, 
217. 
140 
PUBLIC LAW 91-93-OCT. 20, 1969 
[83 STAT. 
then payment of annuity may be made by reason of this section in such 
case, beginning as of the effective date of the termination because of 
the remarriage. 
Survivor 
gigc. 206. (a) The first sentence of subsection (d) of section 8341 of 
^Tostlt.'srs. 
title 5, United States Code, is amended to read as follows: "If an 
employee or Member dies after completing at least 18 months of 
civilian service, the widow or dependent widower of the employee or 
Member is entitled to an annuity equal to 55 percent of an annuity 
8i^stat^64Y'*' 
computed under section 8339 (a)-(e) and (h) of this title as may 
apply with respect to the employee or Member, except that in the 
computation of the annuity under such section, the annuity of the 
employee or Member shall be at least the smaller of (i) 40 percent of 
his average pay, or (ii) the sum obtained under such section after 
increasing his service of the type last performed by the period elapsing 
between the date of death and the date he would have become 60 years 
of age." 
81 Stat. 216. 
(|3^ Subsectiou (e)(1) of such section is amended to read as follows: 
"(e) (1) If an employee or Member dies after completing at least 
18 months of civilian service, or an employee or Member dies after 
retiring under this subchapter, and is survived by a spouse, each sur-
viving child is entitled to an annuity equal to the smallest of— 
" (A) 60 percent of the average pay of the employee or Member 
divided by the number of children; 
"(B) $900; or 
"(C) $2,700 divided by the number of children; 
/inVefp!*i3^9?' 
subject to section 8340 of this title. If the employee or Member is not 
survived by a spouse, each surviving child is entitled to an annuity 
equal to the smallest of— 
"(i) 75 percent of the average pay of the employee or Member 
divided by the number of children; 
"(ii) $1,080; or _ 
" (iii) $3,240 divided by the number of children; 
subject to section 8340 of this title." 
Applicability. 
SEC. 207. (a) The amendments made by sections 201, 202, 203, and 
206(a) of this Act shall not apply in the cases of persons retired or 
otherwise separated prior to the date of enactment of this Act, and the 
rights of such persons and their survivors shall continue in the same 
manner and to the same extent as if such sections had not been enacted. 
(b) The amendments made by section 204(a) of this Act to section 
8340 of title 5, United States Code, shall apply only to annuity 
increases which become effective under such section 8340 after the date 
of enactment of this Act. 
(c) (1) The amendment made by section 206(b) of this Act shall 
become effective on the first day of the first month which begins on or 
after the date of enactment of this Act. 
(2) The annuity of each surviving child who, immediately prior to 
the effective date of such amendment is receiving an annuity under 
section 8341(e) of title 5, United States Code, or under a comparable 
provision of any prior law, or who hereafter becomes entitled to receive 
annuity under the Act of May 29, 1930, as amended from and after 
l°x^ic^s33i: 
February 28,1948, shall be recomputed effective on such date, or com-
8348, 
puted from commencing date if later, in accordance with such amend-
ment. No increase allowed and in force prior to such date shall be 
included in the computation or recomputation of any such annuity. 
This paragraph shall not operate to reduce any annuity. 
Approved October 20, 1969 .