[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5054 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5054

    To amend title 5, United States Code, to conform the retirement 
coverage of Members and congressional employees to that of employees of 
                         the executive branch.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 1994

Mr. Santorum introduced the following bill; which was referred jointly 
  to the Committees on House Administration and Post Office and Civil 
                                Service

_______________________________________________________________________

                                 A BILL


 
    To amend title 5, United States Code, to conform the retirement 
coverage of Members and congressional employees to that of employees of 
                         the executive branch.

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

SECTION 1. REFERENCE.

    Whenever in this Act a section or other provision is amended or 
repealed, such amendment or repeal shall be considered to be made to 
that section or other provision of title 5, United States Code.

SEC. 2. EQUAL TREATMENT OF MEMBERS OF CONGRESS WITH FEDERAL EMPLOYEES 
              GENERALLY UNDER CSRS.

    (a) Creditable Service.--Section 8332 is amended by striking out 
subsections (d) and (h).
    (b) Deductions, Contributions, and Deposits.--Section 8334 is 
amended--
            (1) in paragraph (1), by amending the first sentence to 
        read as follows: ``The employing agency shall deduct and 
        withhold 7 percent of the basic pay of a employee or Member, 
        7\1/2\ 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 Military Appeals, and a bankruptcy judge.''; 
        and
            (2) in the table contained in subsection (c), by amending 
        the items relating to Member or employee for congressional 
        employee service and Member for Member service to read as 
        follows:


Member or employee for                August 1, 1920, to June 30, 1926. 
 congressional                                                          
 employee service.....  2\1/2\......                                    
                        3\1/2\......  July 1, 1926, to June 30, 1942.   
                        5...........  July 1, 1942, to June 30, 1948.   
                        6...........  July 1, 1948, to October 31, 1956.
                        6\1/2\......  November 1, 1956, to December 31, 
                                       1969.                            
                        7\1/2\......  December 31, 1969, to December 31,
                                       1994.                            
                        7...........  After December 31, 1994.          
Member for Member       2\1/2\......  August 1, 1920, to June 30, 1926. 
 service.                                                               
                        3\1/2\......  July 1, 1926, to June 30, 1942.   
                        5...........  July 1, 1942, to August 1, 1946.  
                        6...........  August 2, 1946, to October 31,    
                                       1956.                            
                        7\1/2\......  November 1, 1956, to December 31, 
                                       1969.                            
                        8...........  December 31, 1969, to December 31,
                                       1994.                            
                        7...........  After December 31, 1994.          
                                                                        

    (c) Immediate Retirement.--Section 8336 is amended--
          (1) by striking out subsection (g); and
            (2) in subsections (a), (b), and (f), by inserting ``or 
        Member'' after ``employee'' each place it occurs.
    (d) Deferred Retirement.--Section 8338 is amended by striking out 
subsection (b).
    (e) Computation of Annuity.--Section 8339 is amended--
            (1) by striking out subsections (b) and (c);
            (2) in subsection (f), by striking out ``of--'' and all 
        that follows through the end thereof and inserting in lieu 
        thereof ``of the average pay of the employee or Member.'';
            (3) in subsection (h), by striking out the second sentence; 
        and
            (4) in subsection (j)--
                    (A) by striking out paragraph (2); and
                    (B) in paragraph (4), by striking out ``(f), and 
                (h)'' and inserting in lieu thereof ``and (f)''.
    (f) Survivor Annuity.--Section 8341 is amended by striking out 
subsection (f).
    (g) Annuities and Pay on Reemployment.--Section 8344 is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or'' at the end of paragraph 
                (2);
                    (B) by striking out ``or'' at the end of paragraph 
                (3);
                    (C) by striking out paragraph (4); and
                    (D) by inserting ``or Member'' after ``employee'';
            (2) in subsection (b), by striking out ``, other than a 
        Member receiving an annuity from the fund,'';
            (3) in subsection (c), by striking out ``, other than a 
        Member receiving an annuity from the fund,''; and
            (4) by striking out subsection (d).

SEC. 3. EQUAL TREATMENT OF MEMBERS OF CONGRESS WITH FEDERAL EMPLOYEES 
              GENERALLY UNDER FERS.

    (a) Immediate Retirement.--Section 8412 is amended by striking out 
subsection (f).
    (b) Computation of Basic Annuity.--Section 8415 is amended--
            (1) in subsections (a) and (e), by inserting ``or Member'' 
        after ``employee'' each place it occurs;
            (2) by striking out subsections (b) and (c);
            (3) in subsection (f)(2)(A), by striking out ``(e)(2), or 
        (f)(2),'' and inserting in lieu thereof ``(e)(2),''; and
            (4) in the matter after subparagraph (B) in subsection 
        (g)(2), by striking out ``Congressional employee,''.
    (c) Annuity Supplement.--Section 8421(a)(2) is amended by striking 
out ``section 8412(f), or under''.
    (d) Deductions From Pay; Contributions for Military Service.--
Section 8422 is amended--
            (1) in subsection (a)(2)(A)--
                    (A) by inserting ``or Member'' after ``employee''; 
                and
                    (B) by striking out ``, or Congressional 
                employee''; and
            (2) in subsection (a)(2)(B), by striking out ``Member'' and 
        ``or Congressional employee,''.
    (e) Government Contributions.--Section 8423(a)(1) is amended--
            (1) in subparagraph (A)(i), by inserting ``or Members'' 
        after ``employees'' the first place it appears; and
            (2) in subparagraph (B)--
                    (A) by striking out ``Members, Congressional 
                employees,'' in clause (i); and
                    (B) by striking out ``and Members'' in clause (ii).

SEC. 4. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect on January 1, 1995.
    (b) Application to Periods of Service Before and After Effective 
Date.--
            (1) Service after december 31, 1994.--The amendments made 
        by this Act shall apply with respect to an individual serving 
        as a Member of Congress or a congressional employee after 
        December 31, 1994.
            (2) Service before january 1, 1995.--The portion of any 
        annuity under chapter 83 or chapter 84, as the case may be, of 
        title 5, United States Code, relating to a period of service of 
        an individual serving as a Member of Congress or a 
        congressional employee that occurs before January 1, 1995, 
        shall be determined under either such chapter as such chapters 
        were in effect on December 31, 1994.
            (3) Election to treat service under reformed system.--A 
        Member of Congress or a congressional employee may make an 
        irrevocable election to treat service creditable under chapter 
        83 or chapter 84, as applicable, of title 5, United States 
        Code, before January 1, 1995, as service under the applicable 
        chapter as if the amendments made by this Act were in effect 
        during such creditable service.
            (4) Member of congress and congressional employee 
        defined.--For the purposes of this section, the terms ``Member 
        of Congress'' and ``congressional employee'' have the meaning 
        given such terms in sections 2106 and 2107 of title 5, United 
        States Code, respectively.
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