[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4268 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4268

To amend certain provisions of title 5, United States Code, relating to 
   the age and service requirements for entitlement to an immediate 
   annuity under the Civil Service Retirement System or the Federal 
         Employees' Retirement System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 1994

  Mr. Shays (for himself, Mr. Ballenger, Mr. Boehner, and Mr. Penny) 
 introduced the following bill; which was referred to the Committee on 
                     Post Office and Civil Service

_______________________________________________________________________

                                 A BILL


 
To amend certain provisions of title 5, United States Code, relating to 
   the age and service requirements for entitlement to an immediate 
   annuity under the Civil Service Retirement System or the Federal 
         Employees' Retirement System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Retirement Reform Act''.

SEC. 2. REVISED AGE AND SERVICE REQUIREMENTS FOR ENTITLEMENT TO AN 
              IMMEDIATE ANNUITY UNDER CSRS.

    (a) Amendment Relating to Retirement at Age 55 With 30 Years of 
Service.--Section 8336(a) of title 5, United States Code, is amended to 
read as follows:
    ``(a)(1)(A) An employee who is separated from the service after 
attaining the minimum retirement age under subparagraph (B) and 
completing 30 years of service is entitled to an annuity.
    ``(B) The minimum retirement age under this subparagraph shall be 
determined in accordance with the following:
                                                            The minimum
                                                         retirement age
``For an individual whose date                               under this
  of birth is in calendar year                          subparagraph is
    1942 or earlier...............................               55    
    1943, 1944 or 1945............................               56    
    1946, 1947 or 1948............................               57    
    1949, 1950 or 1951............................               58    
    1952, 1953 or 1954............................               59    
    1955, 1956 or 1957............................               60    
    1958, 1959 or 1960............................               61    
    1961, 1962 or 1963............................               62    
    1964, 1965 or 1966............................               63    
    1967, 1968 or 1969............................              64.    
    ``(2) This subsection shall not apply in the case of any employee 
whose date of birth is after December 31, 1969.''.
    (b) Amendment Relating to Retirement at Age 60 With 20 Years of 
Service.--Section 8336(b) of title 5, United States Code, is amended to 
read as follows:
    ``(b)(1)(A) An employee who is separated from the service after 
attaining the minimum retirement age under subparagraph (B) and 
completing 20 years of service is entitled to an annuity.
    ``(B) The minimum retirement age under this subparagraph shall be 
determined in accordance with the following:
                                                            The minimum
                                                         retirement age
``For an individual whose date                               under this
  of birth is in calendar year                          subparagraph is
    1957 or earlier...............................               60    
    1958, 1959 or 1960............................              61.    
    ``(2) This subsection shall not apply in the case of any employee 
whose date of birth is after December 31, 1960.''.
    (c) Amendment Relating to Retirement at Age 62 With 5 Years of 
Service.--Section 8336(f) of title 5, United States Code, is amended to 
read as follows:
    ``(f)(1) An employee who is separated from the service after 
attaining the minimum retirement age under paragraph (2) and completing 
5 years of service is entitled to an annuity.
    ``(2) The minimum retirement age under this paragraph shall be 
determined in accordance with the following:
                                                            The minimum
                                                         retirement age
``For an individual whose date                               under this
  of birth is in calendar year                             paragraph is
    1963 or earlier...............................               62    
    1964, 1965 or 1966............................               63    
    1967, 1968 or 1969............................               64    
    1970 or later.................................           65.''.    
    (d) Reduction for Early Retirement.--Subsection (h) of section 8339 
of title 5, United States Code, is amended--
            (1) before the first sentence by striking ``(h)'' and 
        inserting ``(h)(1)'';
            (2) in the first sentence by striking ``55 years of age at 
        the date of separation,'' and inserting ``the minimum age for 
        an unreduced annuity (as determined under paragraph (2)),''; 
        and
            (3) by adding at the end the following:
    ``(2) The minimum age under this paragraph for an unreduced annuity 
shall be determined in accordance with the following:

``For an individual whose date                              The minimum
  of separation (on which                                age under this
  entitlement to annuity                               paragraph for an
  is based) is in calendar year                    unreduced annuity is
    1997 or earlier...............................               55    
    1998, 1999 or 2000............................               56    
    2001, 2002 or 2003............................               57    
    2004, 2005 or 2006............................               58    
    2007, 2008 or 2009............................               59    
    2010, 2011 or 2012............................               60    
    2013, 2014 or 2015............................               61    
    2016, 2017 or 2018............................               62    
    2019, 2020 or 2021............................               63    
    2022, 2023 or 2024............................               64    
    2025 or later.................................           65.''.    

SEC. 3. REVISED AGE AND SERVICE REQUIREMENTS FOR ENTITLEMENT TO AN 
              IMMEDIATE ANNUITY UNDER FERS.

    (a) Amendment Relating to Retirement at Age 55 to 57 With 30 Years 
of Service.--
            (1) In general.--Section 8412(a) of title 5, United States 
        Code, is amended to read as follows:
    ``(a)(1)(A) An employee or Member who is separated from the service 
after attaining the minimum retirement age under subparagraph (B) and 
completing 30 years of service is entitled to an annuity.
    ``(B) The minimum retirement age under this subparagraph shall be 
determined in accordance with the following:
                                                            The minimum
                                                         retirement age
``For an individual whose date                               under this
  of birth is in calendar year                          subparagraph is
    1942 or earlier...............................               55    
    1943, 1944 or 1945............................               56    
    1946, 1947 or 1948............................               57    
    1949, 1950 or 1951............................               58    
    1952, 1953 or 1954............................               59    
    1955, 1956 or 1957............................               60    
    1958, 1959 or 1960............................               61    
    1961, 1962 or 1963............................               62    
    1964, 1965 or 1966............................               63    
    1967, 1968 or 1969............................              64.    
    ``(2) This subsection shall not apply in the case of an employee or 
Member whose date of birth is after December 31, 1969.''.
            (2) Technical and conforming amendments.--
                    (A) Section 8412(h) of title 5, United States Code, 
                is repealed.
                    (B) Sections 8421(a)(2), 8421a(b)(4)(B)(ii), and 
                8442(c)(2) of title 5, United States Code, are each 
                amended by striking ``8412(h)'' each place it appears 
                and inserting ``8412(a)(1)(B)''.
    (b) Amendment Relating to Retirement at Age 60 With 20 Years of 
Service.--Section 8412(b) of title 5, United States Code, is amended to 
read as follows:
    ``(b)(1)(A) An employee or Member who is separated from the service 
after attaining the minimum retirement age under subparagraph (B) and 
completing 20 years of service is entitled to an annuity.
    ``(B) The minimum retirement age under this subparagraph shall be 
determined in accordance with the following:
                                                            The minimum
                                                         retirement age
``For an individual whose date                               under this
  of birth is in calendar year                          subparagraph is
    1957 or earlier...............................               60    
    1958, 1959 or 1960............................              61.    
    ``(2) This subsection shall not apply in the case of any employee 
or Member whose date of birth is after December 31, 1960.''.
    (c) Amendment Relating to Retirement at Age 62 With 5 Years of 
Service.--Section 8412(c) of title 5, United States Code, is amended to 
read as follows:
    ``(c)(1) An employee or Member who is separated from the service 
after attaining the minimum retirement age under paragraph (2) and 
completing 5 years of service is entitled to an annuity.
    ``(2) The minimum retirement age under this paragraph shall be 
determined in accordance with the following:
                                                            The minimum
                                                         retirement age
``For an individual whose date                               under this
  of birth is in calendar year                             paragraph is
    1963 or earlier...............................               62    
    1964, 1965 or 1966............................               63    
    1967, 1968 or 1969............................               64    
    1970 or later.................................           65.''.    
    (d) Reduction for Early Retirement.--Subsection (f)(1) of section 
8415 of title 5, United States Code, is amended--
            (1) before the first sentence by striking ``(f)(1)'' and 
        inserting ``(f)(1)(A)'';
            (2) by striking ``the sixty-second anniversary of the birth 
        of the employee or Member'' and inserting ``the date as of 
        which the employee or Member attains the minimum age for an 
        unreduced annuity (as determined under subparagraph (B))''; and
            (3) by adding at the end the following:
    ``(B) The minimum age under this subparagraph for an unreduced 
annuity shall be determined in accordance with the following:

``For an individual whose date                              The minimum
  of separation (on which                                age under this
  entitlement to annuity                            subparagraph for an
  is based) is in calendar year                    unreduced annuity is
    2018 or earlier...............................               62    
    2019, 2020 or 2021............................               63    
    2022, 2023 or 2024............................               64    
    2025 or later.................................           65.''.    

SEC. 4. PROVISIONS RELATING TO AGE AND SERVICE REQUIREMENTS SPECIFIC TO 
              MEMBERS OF CONGRESS.

    (A) CSRS.--
            (1) Age and service requirements for entitlement to an 
        immediate annuity.--Section 8336(g) of title 5, United States 
        Code, is amended to read as follows:
    ``(g)(1)(A) A Member who is separated from the service after 
attaining the minimum retirement age under subparagraph (B) and 
completing 5 years of civilian service is entitled to an annuity.
    ``(B) The minimum retirement age under this subparagraph shall be 
determined in accordance with subsection (f)(2).
    ``(2)(A) A Member who is separated from the service after attaining 
the minimum retirement age under subparagraph (B) and completing 10 
years of Member service is entitled to an annuity.
    ``(B) The minimum retirement age under this subparagraph shall be 
determined in accordance with the following:
                                                            The minimum
                                                         retirement age
``For a Member whose date                                    under this
  of birth is in calendar year                          subparagraph is
    1954 or earlier...............................               60    
    1955, 1956 or 1957............................              61.    
    ``(C) This paragraph shall not apply in the case of a Member whose 
date of birth is after December 31, 1957.
    ``(3)(A) A Member who is separated from the service after attaining 
the minimum retirement age under subparagraph (B) (but before becoming 
60 years of age) and completing 30 years of service is entitled to a 
reduced annuity.
    ``(B) The minimum retirement age under this subparagraph shall be 
determined in accordance with section 8336(a)(1)(B), except that this 
paragraph shall not apply in the case of any Member whose date of birth 
is after December 31, 1954.
    ``(4)(A) A Member who is separated from the service, except by 
resignation or expulsion, after completing the minimum years of service 
under subparagraph (B) or after attaining the minimum retirement age 
under subparagraph (C) and (i) completing 20 years of service, or (ii) 
serving in 9 Congresses is entitled to an annuity.
    ``(B)(i) The minimum years of service under this subparagraph shall 
be determined in accordance with the following:

``For a Member whose date                                              
  of separation (on which                                              
  entitlement to annuity                                    The minimum
  is based) is in calendar year                        years of service
                                             under this subparagraph is
    1997 or earlier...............................               25    
    1998, 1999 or 2000............................               26    
    2001, 2002 or 2003............................               27    
    2004, 2005 or 2006............................               28    
    2007, 2008 or 2009............................               29    
    2010, 2011 or 2012............................               30    
    2013, 2014 or 2015............................               31    
    2016, 2017 or 2018............................               32    
    2019, 2020 or 2021............................               33    
    2022, 2023 or 2024............................              34.    
    ``(ii) This subparagraph shall not apply in the case of any Member 
whose date of separation (on which entitlement to annuity is based) 
occurs after December 31, 2024.
    ``(C)(i) The minimum retirement age under this subparagraph shall 
be determined in accordance with the following:
                                                            The minimum
``For a Member whose                                     retirement age
  date of birth is                                           under this
  in calendar year                                      subparagraph is
    1947 or earlier...............................               50    
    1948, 1949 or 1950............................               51    
    1951, 1952 or 1953............................               52    
    1954, 1955 or 1956............................               53    
    1957, 1958 or 1959............................               54    
    1960, 1961 or 1962............................               55    
    1963, 1964 or 1965............................               56    
    1966, 1967 or 1968............................               57    
    1969..........................................               58    
    ``(ii) This subparagraph shall not apply in the case of any Member 
whose date of birth is after December 31, 1969.''.
            (2) Reduction for early retirement.--Subsection (h) of 
        section 8339 of title 5, United States Code, as amended by 
        section 2(d), is further amended--
                    (A) in the second sentence of paragraph (1) (as so 
                designated by section 2(d)) by striking ``60 years of 
                age at the date of separation.'' and inserting ``the 
                minimum age for an unreduced annuity (as determined 
                under paragraph (3)).''; and
                    (B) by adding after paragraph (2) (as added by 
                section 2(d)) the following:
    ``(3) The minimum age under this paragraph for an unreduced annuity 
shall be determined in accordance with the following:

``For a Member whose date                                   The minimum
  of separation (on which                                age under this
  entitlement to annuity                               paragraph for an
  is based) is in calendar year                    unreduced annuity is
    2012 or earlier...............................               60    
    2013, 2014 or 2015............................               61    
    2016, 2017 or 2018............................               62    
    2019, 2020 or 2021............................               63    
    2022, 2023 or 2024............................               64    
    2025 or later.................................           65.''.    
    (b) FERS.--Section 8412(f) of title 5, United States Code, is 
amended to read as follows:
    ``(f)(1) A Member who is separated from the service, except by 
resignation or expulsion, after--
            ``(A) completing the minimum years of service under 
        paragraph (2), or
            ``(B) attaining the minimum retirement age under paragraph 
        (3) and completing 20 years of service,
is entitled to an annuity.
    ``(2) The minimum years of service under this paragraph shall be 
determined in accordance with section 8336(g)(4)(B).
    ``(3) The minimum retirement age under this paragraph shall be 
determined in accordance with section 8336(g)(4)(C).''.

SEC. 5. DEFERRED RETIREMENT.

    (a) In General.--
            (1) CSRS.--Section 8338 of title 5, United States Code, is 
        amended by striking subsections (a) and (b) and inserting the 
        following:
    ``(a)(1) An employee who is separated from the service or 
transferred to a position in which such employee does not continue 
subject to this subchapter after completing 5 years of civilian service 
is entitled to an annuity beginning at the age determined under 
paragraph (2).
    ``(2) The age at which entitlement to an annuity under this 
subsection begins shall be determined in accordance with section 
8336(f)(2).
    ``(b)(1)(A) A Member who, after December 31, 1955, and before 
January 1, 1998, is separated from the service as a Member after 
completing 5 years of civilian service is entitled to an annuity 
beginning at the age of 62 years.
    ``(B)(i) A Member who, after December 31, 1997, is separated from 
the service as a Member after completing 5 years of civilian service is 
entitled to an annuity beginning at the age determined under clause 
(ii).
    ``(ii) The age at which entitlement to an annuity under this 
subparagraph begins shall be determined in accordance with section 
8336(g)(1)(B).
    ``(2)(A) A Member who is separated from the service after 
completing 10 or more years of Member service is entitled to an annuity 
beginning at the age determined under subparagraph (B).
    ``(B) The age at which entitlement to an annuity under this 
paragraph begins shall be determined in accordance with section 
8336(g)(2)(C).
    ``(C) This paragraph shall not apply in the case of a Member whose 
date of birth is after December 31, 1957.
    ``(3)(A) A Member who is separated from the service after 
completing 20 or more years of service, including 10 or more years of 
Member service, is entitled to a reduced annuity beginning at the age 
determined under subparagraph (B).
    ``(B) The age at which entitlement to an annuity under this 
paragraph begins shall be determined in accordance with section 
8336(g)(4)(C).
    ``(C) This paragraph shall not apply in the case of a Member whose 
date of birth is after December 31, 1969.''.
            (2) FERS.--Section 8413(a) of title 5, United States Code, 
        is amended to read as follows:
    ``(a)(1) An employee or Member who is separated from the service, 
or transferred to a position in which the employee or Member does not 
continue subject to this chapter, after completing 5 years of service 
is entitled to an annuity beginning at the age determined under 
paragraph (2).
    ``(2) The age at which entitlement to an annuity under this 
subsection begins shall be determined in accordance with section 
8412(c)(2).''.
    (b) FERS Annuities With a Right To Defer Commencement Date.--
            (1) Immediate annuity.--Section 8412(g) of title 5, United 
        States Code, is amended to read as follows:
    ``(g)(1)(A) An employee or Member who is separated from the service 
after attaining the minimum retirement age under subparagraph (B) and 
completing 10 years of service is entitled to an annuity. This 
subsection shall not apply to an employee or Member who is entitled to 
an annuity under any other provision of this section.
    ``(B) The minimum retirement age under this subparagraph shall be 
determined in accordance with subsection (a)(1)(B), except that this 
subsection shall not apply in the case of any employee or Member whose 
date of birth is after December 31, 1969.
    ``(2)(A) An employee or Member entitled to an annuity under this 
subsection may defer the commencement of such annuity by written 
election. The date to which the commencement of the annuity is deferred 
may not precede the 31st day after the date of filing the election, and 
must precede the date on which the employee or Member attains the age 
determined under subparagraph (B).
    ``(B) The applicable age under this subparagraph shall be 
determined in accordance with subsection (c)(2).
    ``(3) The Office shall prescribe regulations under which an 
election under paragraph (2) shall be made.''.
            (2) Deferred annuity.--Section 8413(b)(1) of title 5, 
        United States Code, is amended to read as follows:
    ``(b)(1)(A) An employee or Member who is separated from the 
service, or transferred to a position in which the employee or Member 
does not continue subject to this chapter, after completing 10 years of 
service but before attaining the minimum retirement age under 
subparagraph (B) is entitled to an annuity beginning on the date 
designated by the employee or Member in a written election under this 
subsection. The date designated under this subsection may not precede 
the date on which the employee or Member attains such minimum 
retirement age and must precede the date on which the employee or 
Member attains the age determined under subparagraph (C).
    ``(B) The minimum retirement age under this subparagraph shall be 
determined in accordance with section 8412(a)(1)(B), except that this 
paragraph shall not apply in the case of any employee or Member whose 
date of birth is after December 31, 1969.
    ``(C) The applicable age under this subparagraph shall be 
determined in accordance with section 8412(c)(2).''.

SEC. 6. EFFECTIVE DATE; EXEMPTIONS.

    (a) Effective Date.--The amendments made by this Act shall take 
effect on January 1, 1998.
    (b) Exemptions.--
            (1) In general.--The amendments made by this Act shall not 
        apply to any individual--
                    (A) who is separated from the Federal Government 
                before the effective date of this Act and who is 
                entitled, before such date--
                            (i) to an immediate annuity under section 
                        8336 (other than section 8336(d) or (h)) or 
                        8412 of title 5, United States Code; or
                            (ii) to a deferred annuity under section 
                        8338 or 8413 of title 5, United States Code; or
                    (B) who, on such date, meets the age and service 
                requirements for entitlement to an immediate or 
                deferred annuity referred to in subparagraph (A).
            (2) Clarifying provisions.--
                    (A) Factors not to be considered.--Any 
                determination under paragraph (1)(B)--
                            (i) as to an individual's years of 
                        creditable service shall be made without regard 
                        to--
                                    (I) any deposit or redeposit 
                                requirement; or
                                    (II) any requirement under 
                                subchapter III of chapter 83 of title 
                                5, United States Code, that an 
                                individual give written notice of such 
                                individual's desire to become subject 
                                to that subchapter or that an 
                                individual become subject to such 
                                subchapter after performing the service 
                                involved; and
                            (ii) shall be made without regard to any 
                        requirement that is not an age or service 
                        requirement (as identified under regulations 
                        which the Office of Personnel Management shall 
                        prescribe).
                    (B) Effect of a subsequent change.--The exemption 
                under this subsection shall not result in an individual 
                becoming entitled to an immediate annuity based on a 
                separation from a position different from the one held 
                at the time of qualifying for such exemption, unless 
                such individual would then be so entitled (other than 
                by reason of early or disability retirement) if this 
                Act had not been enacted. For purposes of this 
                subparagraph, ``early retirement'' means retirement 
                under section 8336(d) or (h) or section 8414 of title 
                5, United States Code.

                                 <all>

HR 4268 IH----2