[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2456 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2456

To amend title 5, United States Code, to limit the number of years that 
   a Member of Congress may participate in either the Civil Service 
     Retirement System or the Federal Employees' Retirement System.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 1995

Mr. Thornberry introduced the following bill; which was referred to the 
   Committee on House Oversight, and in addition to the Committee on 
   Government Reform and Oversight, for a period to be subsequently 
   determined 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 limit the number of years that 
   a Member of Congress may participate in either the Civil Service 
     Retirement System or the Federal Employees' Retirement System.

    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 ``Limited Congressional Pension Act of 
1995''.

SEC. 2. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.

    (a) In General.--Subchapter III of chapter 83 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 8352. Limitations relating to Members
    ``(a)(1) For the purpose of this section--
            ``(A) the term `maximum allowable period of member service' 
        means the greater of--
                    ``(i) 12 years of member service; or
                    ``(ii) the total number of years of member service 
                completed by the Member before the effective date of 
                this section (expressed in terms of the full years and 
                twelfth parts thereof, excluding from the aggregate the 
                fractional part of a month, if any);
            ``(B) the term `deemed separation date', as used with 
        respect to a Member, means the date such Member is deemed under 
        subsection (b)(1)(A) or (B), as the case may be, to have 
        separated from service as a Member; and
            ``(C) the term `deemed separation' means a separation 
        deemed to have occurred under subsection (b)(1)(A) or (B).
    ``(2) This section shall apply with respect to any individual 
serving as a Member on or after the effective date of this section, 
excluding a reemployed annuitant whose annuity commenced before such 
effective date.
    ``(b) Except as otherwise provided in this section--
            ``(1)(A) any Member who has completed the maximum allowable 
        period of member service before the effective date of this 
        section shall, for purposes of this subchapter, be deemed to 
        have separated from service on the day before such effective 
        date; and
            ``(B) any Member who completes the maximum allowable period 
        of member service on or after the effective date of this 
        section shall, for purposes of this subchapter, be deemed to 
        have separated from service on the date on which such Member 
        completes the maximum allowable period of member service; and
            ``(2) any Member who is deemed to have separated from 
        service under subparagraph (A) or (B) of paragraph (1)--
                    ``(A) may not thereafter remain or become subject 
                to either the Civil Service Retirement System or the 
                Federal Employees' Retirement System as a Member of 
                Congress (as defined by section 2106); and
                    ``(B) for purposes of this subchapter, shall, while 
                thereafter serving as a Member of Congress (as so 
                defined), be treated in the same way as a former Member 
                not then performing Government service.
    ``(c)(1) This subsection shall apply with respect to any Member 
described in subsection (b)(1)(A) or (B).
    ``(2) A Member to whom this subsection applies shall not be 
eligible for an immediate or deferred annuity based on any deemed 
separation. Rather, actual separation must occur in order to be 
eligible for such an annuity.
    ``(3) For purposes of determining whether a Member satisfies the 
age and service requirements for title to an annuity--
            ``(A) the Member's age as of the Member's deemed separation 
        date shall be used; and
            ``(B) the Member's total service as of the Member's deemed 
        separation date shall be used, subject to paragraph (7).
    ``(4) The requirements of subsections (b) and (c) of section 8333 
shall be considered met if the Member would satisfy those requirements 
as of the Member's deemed separation date (assuming the Member actually 
separated on that date).
    ``(5) For purposes of any computation of annuity--
            ``(A) average pay shall be determined disregarding pay for 
        any member service performed after the Member's deemed 
        separation date;
            ``(B) any reduction under section 8339(h) shall be made 
        using the age determined under paragraph (3)(A); and
            ``(C) the Member's total service shall be equal to the 
        total service determined under paragraph (3)(B).
For purposes of applying the respective limitations under sections 
8339(f) and 8340(g), the average pay and final pay (or final basic pay) 
of a Member shall likewise be determined based on the Member's deemed 
separation date.
    ``(6)(A) Any deadline (such as for making an election or making a 
deposit) which is fixed by reference to date of separation shall be 
applied using the Member's actual separation date.
    ``(B) Any determination as to the marital status of the Member as 
of date of separation shall be made based on the Member's actual 
separation date.
    ``(7) For purposes of determining any period of military service 
which is creditable for purposes of section 8339(c)(1), the date of 
final separation from service as a Member (as referred to in section 
8332(d)) shall be the Member's actual separation date.
    ``(d)(1) No contribution to the Thrift Savings Fund may be made by 
any Member with respect to any pay period beginning on or after the 
effective date of this section.
    ``(2) Except as provided in paragraph (1), nothing in this section 
shall be considered to permit or require that a Member be treated as 
having separated before such Member's actual separation date for 
purposes of the Thrift Savings Plan.
    ``(e) Regulations to carry out this section may be prescribed by 
the Office of Personnel Management and the Executive Director (within 
the meaning of section 8401(13)) with respect to matters within their 
respective areas of jurisdiction.
    ``(f) This section shall take effect as of the first day of the 
Congress next beginning after the date of the enactment of the Limited 
Congressional Pension Act of 1995.''.
    (b) Conforming Amendment.--The table of sections for chapter 83 of 
title 5, United States Code, is amended by adding at the end the 
following:

``8352. Limitations relating to Members.''.

SEC. 3. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT 
              SYSTEM.

    (a) In General.--Subchapter I of chapter 84 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 8404. Limitations relating to Members
    ``(a)(1) For the purpose of this section--
            ``(A) the term `maximum allowable period of member service' 
        means the greater of--
                    ``(i) 12 years of member service; or
                    ``(ii) the total number of years of member service 
                completed by the Member before the effective date of 
                this section (expressed in terms of the full years and 
                twelfth parts thereof, excluding from the aggregate the 
                fractional part of a month, if any);
            ``(B) the term `deemed separation date', as used with 
        respect to a Member, means the date such Member is deemed under 
        subsection (b)(1)(A) or (B), as the case may be, to have 
        separated from service as a Member;
            ``(C) the term `deemed separation' means a separation 
        deemed to have occurred under subsection (b)(1)(A) or (B); and
            ``(D) the term `member service' means any service as a 
        Member and any service constituting member service within the 
        meaning of section 8331(14).
    ``(2) This section shall apply with respect to any individual 
serving as a Member on or after the effective date of this section, 
excluding a reemployed annuitant whose annuity commenced before such 
effective date.
    ``(b) Except as otherwise provided in this section--
            ``(1)(A) any Member who has completed the maximum allowable 
        period of member service before the effective date of this 
        section shall, for purposes of this chapter, be deemed to have 
        separated from service on the day before such effective date; 
        and
            ``(B) any Member who completes the maximum allowable period 
        of member service on or after the effective date of this 
        section shall, for purposes of this chapter, be deemed to have 
        separated from service on the date on which such Member 
        completes the maximum allowable period of member service; and
            ``(2) any Member who is deemed to have separated from 
        service under subparagraph (A) or (B) of paragraph (1)--
                    ``(A) may not thereafter remain or become subject 
                to the Federal Employees' Retirement System as a Member 
                of Congress (as defined by section 2106); and
                    ``(B) for purposes of this chapter, shall, while 
                thereafter serving as a Member of Congress (as so 
                defined), be treated in the same way as a former Member 
                not then performing Government service.
    ``(c)(1) This subsection shall apply with respect to any Member 
described in subsection (b)(1)(A) or (B).
    ``(2) A Member to whom this subsection applies shall not be 
eligible for an immediate or deferred annuity based on any deemed 
separation. Rather, actual separation must occur in order to be 
eligible for such an annuity.
    ``(3) For purposes of determining whether a Member satisfies the 
age and service requirements for title to an annuity--
            ``(A) the Member's age as of the Member's deemed separation 
        date shall be used; and
            ``(B) the Member's total service as of the Member's deemed 
        separation date shall be used, subject to paragraph (6).
However, for purposes of determining eligibility for an annuity 
supplement under section 8421, the Member's actual age shall be used.
    ``(4) For purposes of any computation of annuity--
            ``(A) average pay shall be determined disregarding pay for 
        any member service performed after the Member's deemed 
        separation date; and
            ``(B) the Member's total service shall be equal to the 
        total service determined under paragraph (3)(B).
Any annuity supplement under section 8421 shall be computed in a manner 
consistent with the preceding sentence.
    ``(5)(A) Any deadline (such as for making an election or making a 
deposit) which is fixed by reference to date of separation shall be 
applied using the Member's actual separation date.
    ``(B) Any determination as to the marital status of the Member and 
any similar determination shall be made based on the Member's actual 
separation date.
    ``(6) For purposes of determining any period of military service 
which is creditable for purposes of section 8411(c), the date of 
separation from service as a Member shall be the Member's actual 
separation date.
    ``(d)(1) No contribution to the Thrift Savings Fund may be made by 
or for the benefit of any Member (including under section 8432(c)(1)) 
with respect to any pay period beginning on or after the effective date 
of this section.
    ``(2) Except as provided in paragraph (1), nothing in this section 
shall be considered to permit or require that a Member be treated as 
having separated before such Member's actual separation date for 
purposes of the Thrift Savings Plan.
    ``(e) Regulations to carry out this section may be prescribed by 
the Office of Personnel Management and the Executive Director with 
respect to matters within their respective areas of jurisdiction.
    ``(f) This section shall take effect as of the first day of the 
Congress next beginning after the date of the enactment of the Limited 
Congressional Pension Act of 1995.''.
    (b) Conforming Amendment.--The table of sections for chapter 83 of 
title 5, United States Code, is amended by adding at the end the 
following:

``8404. Limitations relating to Members.''.
                                 <all>