[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 804 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 804

 To amend title 5, United States Code, to limit the period of service 
  which may be credited to a Member of Congress in the computation of 
              retirement benefits, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 1995

  Mr. Miller of Florida (for himself, Mr. Stockman, Mr. Chrysler, Mr. 
 Salmon, Mr. Scarborough, Mr. Sanford, Mr. Christensen, Mr. Davis, Mr. 
 Coburn, Mrs. Waldholtz, Mrs. Myrick, Mr. English of Pennsylvania, Mr. 
    Ganske, Mr. Tiahrt, Mr. Neumann, Mr. Fox of Pennsylvania, Mrs. 
 Seastrand, Mr. Baldacci, Mr. Thornberry, Mr. Gutknecht, Mr. Hayworth, 
Mr. Goss, and Mr. Deal of Georgia) 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 period of service 
  which may be credited to a Member of Congress in the computation of 
              retirement benefits, 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 ``Congressional Members' Pension 
Limitation Act of 1995''.

SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.

    (a) Limitation.--
            (1) In general.--Section 8334(a) of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(3) Deductions and withholdings from the pay of a Member may not 
be made with respect to any pay period beginning--
            ``(A) after such Member has completed 5 years of civilian 
        service; or
            ``(B) in the case of a Member whose service (as of the 
        effective date of the Congressional Members' Pension Limitation 
        Act of 1995) exceeds the limitation set forth in subparagraph 
        (A), after such effective date.
Any contributions under the second sentence of paragraph (1) shall be 
payable to the same extent and in the same manner as if this paragraph 
had not been enacted.''.
            (2) Technical and conforming amendments.--
                    (A) Deposits.--Section 8334(c) of title 5, United 
                States Code, is amended by adding at the end the 
                following: ``A deposit under this subsection may not be 
                made with respect to any service for which deductions 
                have not been made by reason of subsection (a)(3).''.
                    (B) Eligibility.--Subsection (c) of section 8333 of 
                title 5, United States Code, is repealed.
    (b) Thrift Savings Plan.--Paragraph (2) of section 8351(b) of title 
5, United States Code, is amended--
            (1) by striking ``(2) An'' and inserting ``(2)(A) Except as 
        provided in subparagraph (B), an''; and
            (2) by adding at the end the following:
    ``(B)(i) In the case of a Member--
            ``(I) as to whom deductions from pay may not be made by 
        reason of section 8332(a)(3), and who has 12 years of member 
        service or less, the level of individual or Government 
        contributions allowable shall be the percentage specified in 
        section 8432(a) or (c), as the case may be; or
            ``(II) who has more than 12 years of member service, the 
        level of individual contributions allowable shall be the 
        percentage specified in section 8432(a), but no Government 
        contribution under section 8432(c) shall be allowable.
    ``(ii) The Executive Director (appointed under section 8474(a)) 
shall prescribe such regulations as may be necessary to carry out this 
subparagraph, including--
            ``(I) provisions under which a Member may elect to change 
        such Member's level of contributions to the Thrift Savings Fund 
whenever any change is to take effect under clause (i) in the level of 
individual or Government contributions allowable; and
            ``(II) provisions under which written notice shall be given 
        to a Member with respect to any such change, as well as any 
        election allowable under subclause (I) in connection 
        therewith.''.

SEC. 3. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

    (a) Limitation.--Section 8422(a) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(3)(A) Notwithstanding paragraph (2), deductions and withholdings 
from the pay of a Member may not be made--
            ``(i) with respect to any pay period beginning--
                    ``(I) after such Member has completed 5 years of 
                civilian service; or
                    ``(II) in the case of a Member whose service (as of 
                the effective date of the Congressional Members' 
                Pension Limitation Act of 1995) exceeds the limitation 
                set forth in subclause (I), after such effective date; 
                or
            ``(ii) if that individual first becomes a Member on or 
        after the effective date of the Congressional Members' Pension 
        Limitation Act of 1995.
    ``(B) Any period of service for which deductions may not be made by 
reason of subparagraph (A) shall be excluded from the total period of 
service used in any computation under section 8415 or any other 
provision of this chapter (as identified by the Office in regulations) 
which relates to benefits based on the service of such Member.''.
    (b) Thrift Savings Plan.--Section 8432(c) of title 5, United States 
Code, is amended by adding at the end the following:
    ``(4)(A) Notwithstanding any other provision of this subsection, no 
contribution under paragraph (1) or (2) may be made on behalf of any 
Member who has more than 12 years of member service.
    ``(B) The Executive Director (appointed under section 8474(a)) 
shall prescribe such regulations as may be necessary to carry out this 
paragraph, including--
            ``(i) provisions under which a Member may elect to change 
        such Member's level of contributions to the Thrift Savings Fund 
        whenever such Member's eligibility for Government contributions 
        is to terminate under subparagraph (A); and
            ``(ii) provisions under which written notice shall be given 
        to a Member with respect to any such termination of eligibility 
        for Government contributions, as well as any election allowable 
        under clause (i) in connection therewith.
    ``(C) For the purpose of this paragraph, the term `member service' 
means service as a Member.''.

SEC. 4. MEMBERS UNDER FERS WHO WERE FORMERLY UNDER CSRS.

    Section 302 of the Federal Employees' Retirement System Act of 1986 
(5 U.S.C. 8331 note) is amended by adding at the end the following:
    ``(e)(1) In the case of a Member with respect to whom any benefits 
would be computed under subsection (a)(3), for purposes of applying 
sections 8422(a)(3) (relating to a limitation on the making of 
deductions and withholdings from pay) and 8432(c)(4) (relating to 
contributions to the Thrift Savings Plan) of title 5, United States 
Code, any service which would be creditable for any purpose under 
subsection (a)(1) shall be taken into account.
    ``(2) Regulations to carry out this subsection shall be 
prescribed--
            ``(A) by the Office of Personnel Management, with respect 
        to such section 8422(a)(3); and
            ``(B) by the Executive Director (appointed under section 
        8474(a)), with respect to such section 8432(c)(4).''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect as 
of the first day of the first Congress beginning after the date of the 
enactment of this Act.
                                 <all>