[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1769 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1769

To eliminate certain inequities in the Civil Service Retirement System 
   and the Federal Employees' Retirement System with respect to the 
computation of benefits for law enforcement officers, firefighters, air 
 traffic controllers, nuclear materials couriers, and their survivors, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 1999

 Mr. Cummings introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To eliminate certain inequities in the Civil Service Retirement System 
   and the Federal Employees' Retirement System with respect to the 
computation of benefits for law enforcement officers, firefighters, air 
 traffic controllers, nuclear materials couriers, and their survivors, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    That this Act may be cited as the ``Federal Employees' Benefits 
Equity Act of 1999.''

                    civil service retirement system

    Sec. 2. (a) Section 8339 of title 5, United States Code, is 
amended--
            (1) in subsection (d)(1)--
                    (A) by striking ``(d)(1)'' and inserting 
                ``(d)(1)(A)'';
                    (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(B) If, at any age and after completing 20 years 
                of service as a law enforcement officer, firefighter, 
                or nuclear materials courier, or any combination of 
                such service totaling at least 20 years, an employee 
                retires under section 8336(d)(1) or 8337, the annuity 
                of such employee shall be computed under subparagraph 
                (A).'';
            (2) in subsection (e)--
                    (A) by striking ``(e)'' and inserting ``(e)(1)''; 
                and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) If, at any age and after completing 20 years of service as an 
air traffic controller, an employee retires under section 8336(d)(1) or 
8337, paragraph (1) shall be applied in computing the annuity of such 
employee.''; and
            (3) in subsection (q)--
                    (A) by striking ``(q)'' and inserting ``(q)(1)'';
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) If, at any age and after completing 20 years of service as a 
member of the Capitol Police or as a law enforcement officer (or any 
combination of such service totaling at least 20 years), a member or 
former member of the Capitol Police retires under section 8336(d)(1) or 
8337, the annuity of such member or former member shall be computed 
under paragraph (1).''.
    (b) Section 8341(d) of title 5, United States Code, is amended--
            (1) by inserting the following immediately after the first 
        sentence: ``For purposes of the preceding sentence, subsections 
        (b)-(e) and (q) of section 8339 may be considered as applying 
        with respect to the employee or Member only if the employee or 
        Member satisfied the age and service requirements for 
        application of such subsections to the employee or Member at 
        the date of death. For this purpose, the decedent shall be 
        deemed to have been disabled for purposes of retirement under 
        section 8337 at the time of death.''; and
            (2) by striking ``Notwithstanding the preceding sentence'' 
        and inserting ``Notwithstanding the first sentence of this 
subsection''.
    (c) Section 8342 of title 5, United States Code, is amended by 
adding at the end the following new subsection:
    ``(k) When an employee--
            ``(1) has service as a law enforcement officer, 
        firefighter, nuclear materials courier, or member of the 
        Capitol Police for which retirement deductions were withheld 
        under section 8334(a) or deposited under section 8334(c) at a 
        higher percentage rate than that applicable to employees 
        generally; and
            ``(2)(A) begins to receive an annuity which is not computed 
        under section 8339(d) or (q) and, in the case of a member of 
        the Capitol Police, also does not have his or her service as a 
        member of the Capitol Police credited in the computation of an 
        annuity under section 8339(b) or (c); or
            ``(B) dies before retiring under this subchapter but who 
        leaves a survivor entitled to an annuity under section 8341 
        based on the deceased employee's service, provided that--
                    ``(i) such survivor annuity is not based on an 
                employee annuity computed under section 8339(d) or (q); 
                and
                    ``(ii) where the decedent was a member or former 
                member of the Capitol Police, such survivor annuity is 
                not based on an annuity computed under section 8339(b) 
                or (c) which includes credit for service as a member of 
                the Capitol Police--
        the difference between the employee deductions for such service 
        at the higher percentage rate and the employee deductions that 
        would have been withheld at the rate applicable to employees 
        generally under section 8334(a)(1), together with interest 
        computed in accordance with paragraphs (2) and (3) of section 
        8334(e) and applicable regulations prescribed by the Office, 
        shall be paid to the annuitant or, in the case of a deceased 
        employee, to the individual entitled to a lump-sum benefit 
        under subsection (c).''.

                  federal employees' retirement system

    Sec. 3. (a) Section 8415(d) of title 5, United States Code, is 
amended to read as follows--
    ``(d)(1) The annuity of an employee retiring under subsection (d) 
or (e) of section 8412 or under subsection (a), (b), or (c) of section 
8425 is--
            ``(A) 1\7/10\ percent of that individual's average pay 
        multiplied by so much of such individual's total service as a 
        law enforcement officer, firefighter, member of the Capitol 
        Police, nuclear materials courier, or air traffic controller as 
        does not exceed 20 years; plus
            ``(B) 1 percent of that individual's average pay multiplied 
        by the remainder of such individual's total service.
    ``(2) If, at any age and after completing 20 years of service as a 
law enforcement officer, firefighter, member of the Capitol Police, or 
nuclear materials courier, or any combination of such service totaling 
at least 20 years, an employee retires under section 8414(b)(1)(A) or 
8451, the annuity of such employee shall be computed under paragraph 
(1).
    ``(3) If, at any age and after completing 20 years of service as an 
air traffic controller, an employee retires under section 8414(b)(1)(A) 
or 8451, the annuity of such employee shall be computed under paragraph 
(1).''.
    (b) Section 8424 of title 5, United States Code, is amended by 
adding at the end the following new subsection:
    ``(i) When an employee--
            ``(1) has service as a law enforcement officer, 
        firefighter, member of the Capitol Police, air traffic 
        controller, or nuclear materials courier for which retirement 
        deductions were withheld under section 8422(a) at a higher 
        percentage rate than that applicable to employees generally; 
        and
            ``(2)(A) begins to receive an annuity which is not computed 
        under section 8415(d) and, in the case of a member of the 
        Capitol Police, also does not have his or her service as a 
        member of the Capitol Police credited in the computation of an 
        annuity under section 8415(b) or (c); or
            ``(B) dies before having retired under this chapter but who 
        leaves a survivor entitled to an annuity under subchapter IV 
        based on the deceased employee's service provided that--
                    ``(i) such survivor annuity is not based on an 
                employee annuity computed under section 8415(d); and
                    ``(ii) where the decedent was a member or former 
                member of the Capitol Police, such survivor annuity is 
                not based on an annuity computed under section 8415 (b) 
                or (c) which includes service as a member of the 
                Capitol Police--
        the difference between the employee deductions for such service 
        at the higher percentage rate and the employee deductions that 
        would have been withheld at the rate applicable to employees 
generally under section 8422(a)(2), together with interest computed in 
accordance with paragraphs (2) and (3) of section 8334(e) and 
applicable regulations prescribed by the Office, shall be paid to the 
annuitant or, in the case of a deceased employee, to the individual 
entitled to a lump-sum benefit under subsection (d).''.
    (c) Section 8442 of title 5, United States Code, is amended--
            (1) in subsection (b)(1) by adding at the end the 
        following:
    ``For purposes of the preceding sentence, section 8415(b)-(d) and 
(g) may be considered as applying with respect to the employee or 
Member only if the employee or Member satisfied the age and service 
requirements for application of such subsections to the employee or 
Member at the date of death. For this purpose, the decedent shall be 
deemed to have been disabled for purposes of retirement under section 
8451 at the time of death.''; and
            (2) in subsection (c)(2)(A)(i) by striking ``section 8415'' 
        and inserting ``section 8415, but without regard to subsection 
        (d) of such section,''.

                            effective dates

    Sec. 4. (a)(1) Except as provided in paragraph (2), the amendments 
made by sections 2(a) and 3(a) shall take effect on the date of 
enactment of this Act and shall apply only with respect to individuals 
who separate from the service on or after such date of enactment.
    (2) Notwithstanding paragraph (1), a survivor annuity based on the 
service of a law enforcement officer who died as an employee after 
October 19, 1969, or a firefighter who died as an employee after August 
13, 1972, shall be computed as if the amendments made by section 
2(a)(1) had been in effect as of the commencing date of such survivor 
annuity. However, any such survivor annuity commencing before the date 
of enactment of this Act shall be adjusted, retroactive to the 
commencing date of annuity, only upon application by the survivor 
annuitant.
    (b) The amendments made by section 2(b) shall take effect on the 
date of enactment of this Act, and also, in the case of an individual 
whose death occurred prior to such date of enactment, shall apply 
effective at the commencing date of the annuity to any annuity payable 
under section 8341(d) of title 5, United States Code, or similar 
predecessor provisions of law applicable to survivor annuities based on 
the service of employees or Members who died before retiring.
    (c) The amendments made by sections 2(c) and 3(b) shall take effect 
on the date of enactment of this Act and shall apply only with respect 
to individuals who separate from the service or die in service on or 
after such date of enactment.
    (d) The amendments made by section (3)(c) shall take effect on 
January 1, 1987.
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