[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1765 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 1765
To amend title 5, United States Code, to provide that, for purposes
relating to retirement, Members of Congress and congressional employees
shall be treated in the same manner as are employees in the executive
branch generally.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 1997
Mr. Minge (for himself, Mr. Shays, Mr. Barrett of Wisconsin, Mr.
McHale, Mr. Pomeroy, Mr. Klug, Mr. Deal of Georgia, Mr. Dickey, Mr.
Collins, and Mr. LoBiondo) 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 condideratin
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide that, for purposes
relating to retirement, Members of Congress and congressional employees
shall be treated in the same manner as are employees in the executive
branch generally.
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 Pension Reform Act of
1997''.
SEC. 2. AMENDMENT OF TITLE 5, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 5, United States Code.
SEC. 3. CIVIL SERVICE RETIREMENT SYSTEM.
(a) Deductions and Deposits.--
(1) Deductions.--The first sentence of section 8334(a)(1)
is amended to read as follows: ``The employing agency shall
deduct and withhold 7 percent of the basic pay of an employee
and a 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 Appeals for the Armed
Forces, and a bankruptcy judge.''.
(2) Deposits.--
(A) For member service.--Section 8334(c) is amended
in the matter relating to a Member for Member service
by striking
``8.................... After December 31, 1969.''
and inserting the following:
``8.................... January 1, 1970, to (but not including) the
effective date of the Congressional Pension
Reform Act of 1997.
``7.................... On and after the effective date of the
Congressional Pension Reform Act of 1997.''.
(B) For congressional employee service.--Section
8334(c) is amended in the matter relating to a Member
or employee for Congressional employee service by
striking
``7\1/2\............... After December 31, 1969.''
and inserting the following:
``7\1/2\............... January 1, 1970, to (but not including) the
effective date of the Congressional Pension
Reform Act of 1997.
``7.................... On and after the effective date of the
Congressional Pension Reform Act of 1997.''.
(b) Immediate Retirement.--
(1) At age 55 with 30 years of service, age 60 with 20
years of service, or age 62 with 5 years of service.--
Subsections (a), (b), and (f) of section 8336 are amended by
inserting ``or Member'' after ``employee''.
(2) At age 50 with 20 years of service or any age with 25
years of service.--Section 8336(g) is amended to read as
follows:
``(g) A Member who is separated from the service, except by
resignation or expulsion--
``(1) after completing 25 years of service, or
``(2) after becoming 50 years of age and completing 20
years of service,
is entitled to an annuity.''.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to any annuity eligibility for which
is based on a separation occurring on or after the effective
date of this Act.
(4) Savings provision.--
(A) In general.--Eligibility for an immediate
annuity under section 8336 of title 5, United States
Code, shall, in the case of an individual described in
subparagraph (B), be determined in accordance with the
provisions of such section, as they would read if
paragraphs (1) and (2) of this subsection had not been
enacted.
(B) Description.--This paragraph applies with
respect to any individual who--
(i) performs service as a Member of
Congress on or after the effective date of this
Act; and
(ii) as of the day before the effective
date of this Act, satisfies the age and service
requirements for title to an immediate annuity
under section 8336(g) of such title, as then in
effect.
(C) Length of service.--Any determination under
subparagraph (B) relating to length of service shall be
made without regard to--
(i) any deposit or redeposit requirement;
(ii) any requirement that the individual
become subject to this subchapter after
performing the service involved (including for
a specified minimum period of time); or
(iii) any requirement that the individual
give notice in writing to the official by whom
such individual is paid of such individual's
desire to become subject to this subchapter.
(c) Deferred Retirement.--
(1) At age 62 with 5 years of service.--Section 8338(a) is
amended by inserting ``or Member'' after ``employee''.
(2) Repealer.--Section 8338(b) is repealed.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to any annuity eligibility for which
is based on a separation occurring on or after the effective
date of this Act.
(4) Savings provision.--
(A) In general.--Eligibility for a deferred annuity
under section 8338 of title 5, United States Code,
shall, in the case of an individual described in
subparagraph (B), be determined in accordance with the
provisions of such section, as they would read if
paragraphs (1) and (2) of this subsection had not been
enacted.
(B) Description.--This paragraph applies with
respect to any individual who--
(i) performs service as a Member of
Congress on or after the effective date of this
Act; and
(ii) as of the day before the effective
date of this Act, satisfies the age and service
requirements for title to a deferred annuity
under section 8338(b) of such title, as then in
effect.
(C) Length of service.--Any determination under
subparagraph (B) relating to length of service shall be
made without regard to--
(i) any deposit or redeposit requirement;
(ii) any requirement that the individual
become subject to this subchapter after
performing the service involved (including for
a specified minimum period of time); or
(iii) any requirement that the individual
give notice in writing to the official by whom
such individual is paid of such individual's
desire to become subject to this subchapter.
(d) Computation of Annuity.--
(1) Members.--
(A) In general.--Section 8339(c) is amended by
striking all that follows ``with respect to--'' and
inserting the following:
``(1) so much of his service as a Member as is or was
performed before the effective date of the Congressional
Pension Reform Act of 1997;
``(2) so much of his military service as--
``(A) is creditable for the purpose of this
paragraph; and
``(B) is or was performed before the date referred
to in paragraph (1); and
``(3) so much of his Congressional employee service as is
or was performed before the date referred to in paragraph (1);
by multiplying 2\1/2\ percent of his average pay by the years of that
service.''.
(B) Technical amendment.--Section 8332(d) is
amended by striking ``section 8339(c)(1)'' and
inserting ``section 8339(c)''.
(2) Congressional employees.--Section 8339(b) is amended--
(A) by inserting ``so much of'' after ``is computed
with respect to''; and
(B) by inserting ``as is or was performed before
the effective date of the Congressional Pension Reform
Act of 1997,'' before ``by multiplying''.
(3) Reduction for retirement before a certain age.--
(A) In general.--Section 8339(h) is amended--
(i) by striking the second sentence; and
(ii) in the first sentence by striking
``subsections (a), (b), (d)(5), and (f) of this
section for an employee retiring under section
8336 (d), (h), or (j) of this title'' and
inserting ``subsections (a), (b), (c), (d)(5),
and (f) of this section for an employee
retiring under section 8336 (d), (h), or (j) of
this title, or for a Member retiring under
section 8336(g) of this title,''.
(B) Applicability.--The amendments made by
subparagraph (A) shall apply with respect to the
computation of any benefits eligibility for which is
based on a separation occurring on or after the
effective date of this Act.
(e) Annuity for the Surviving Spouse of a Former Member With Title
to a Deferred Annuity.--
(1) In general.--Section 8341(f) is repealed.
(2) Savings provision.--Nothing in paragraph (1) shall
affect any person's eligibility for a survivor annuity based on
the death of an individual whose separation from service with
title to a deferred annuity occurs or occurred before the
effective date of this Act.
(f) Annuities and Pay on Reemployment.--
(1) In general.--Section 8344 is amended--
(A) by repealing subsection (d);
(B) in subsection (a)--
(i) by inserting ``or'' at the end of
paragraph (2), by striking ``or'' at the end of
paragraph (3), and by striking paragraph (4);
and
(ii) in subparagraph (A) by striking ``(if
the employee so elects),'' and inserting ``(if
the annuitant so elects),'' and by inserting
``(c),'' after ``(b),'';
(C)(i) in subsections (b) and (c) by striking ``,
other than a Member receiving an annuity from the
Fund,''; and
(ii) in subsection (f) by striking ``, except a
Member receiving annuity from the Fund,''; and
(D) in subsection (b) by adding at the end the
following: ``The Office shall prescribe regulations for
applying this subsection with respect to a Member.''.
(2) Savings provisions.--
(A) In general.--Section 8344(d) of title 5, United
States Code, as last in effect before the effective
date of this Act, shall continue to apply after such
effective date with respect to any former Member of
Congress serving in an appointive or elective position
as of such date.
(B) Termination.--Subparagraph (A) shall not apply
with respect to any position to which such former
Member is appointed or elected after the effective date
of this Act.
(g) Eligibility for Annuity.--
(1) In general.--Section 8333(c) is repealed.
(2) Applicability.--The amendment made by paragraph (1)
shall apply with respect to any determination of eligibility
for an annuity based on a separation occurring on or after the
effective date of this Act.
SEC. 4. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
(a) Election Not To Participate.--
(1) In general.--Section 8401(20) is amended by striking
``2106,'' and all that follows through the semicolon and
inserting ``2106;''.
(2) Savings provision.--The amendment made by paragraph (1)
shall not affect any election made before the effective date of
this Act.
(b) Computation of Basic Annuity.--
(1) Members.--Section 8415(b) is amended by striking
``shall'' and inserting ``shall, to the extent that such
service is or was performed before the effective date of the
Congressional Pension Reform Act of 1997,''.
(2) Congressional employees.--Section 8415(c) is amended by
striking ``shall'' and inserting ``shall, to the extent that
such service is or was performed before the effective date of
the Congressional Pension Reform Act of 1997,''.
(3) Provisions relating to the 1.1 percent accrual rate.--
Section 8415(g) is amended--
(A) in paragraph (1) by striking ``an employee
under paragraph (2),'' and inserting ``an employee or
Member under paragraph (2),'';
(B) in paragraph (2) by inserting ``or Member''
after ``in the case of an employee'' and by striking
``Congressional employee,''; and
(C) by adding at the end the following:
``(3) Notwithstanding any other provision of this subsection--
``(A) this subsection shall not apply in the case of a
Member or Congressional employee whose separation (on which
entitlement to annuity is based) occurs before the effective
date of the Congressional Pension Reform Act of 1997; and
``(B) in the case of a Member or Congressional employee to
whom this subsection applies, the 1.1 percent accrual rate
shall apply only with respect to any period of service other
than a period with respect to which the 1.7 percent accrual
rate applies under subsection (b) or (c).''.
(c) Deductions From Pay.--Section 8422(a)(2) is amended--
(1) in subparagraph (A) by striking ``air traffic
controller, or Congressional employee)'' and inserting ``or air
traffic controller) or Member,''; and
(2) in subparagraph (B) by striking ``a Member, law
enforcement officer, firefighter, air traffic controller, or
Congressional employee,'' and inserting ``a law enforcement
officer, firefighter, or air traffic controller,''.
(d) Government Contributions.--Section 8423(a)(1) is amended--
(1) in subparagraph (A)(i) by striking ``subparagraph
(B)),'' and inserting ``subparagraph (B)) and Members,'';
(2) in subparagraph (B)(i) by striking ``Members,
Congressional employees,''; and
(3) in subparagraph (B)(ii) by striking ``and Members''.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on the first day of the first Congress
beginning after the date of the enactment of this Act.
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