[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3813 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3813

   To amend title 5, United States Code, to secure the annuities of 
          Federal civilian employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2012

 Mr. Ross of Florida introduced the following bill; which was referred 
to the Committee on Oversight and Government Reform, and in addition to 
the Committee on House Administration, 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 secure the annuities of 
          Federal civilian employees, 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 ``Securing Annuities for Federal 
Employees Act of 2012''.

SEC. 2. RETIREMENT CONTRIBUTIONS.

    (a) Civil Service Retirement System.--
            (1) Individual contributions.--Section 8334(a)(1)(A) of 
        title 5, United States Code, is amended--
                    (A) by striking ``(a)(1)(A) The'' and inserting 
                ``(a)(1)(A)(i) Except as provided in clause (ii), 
                the''; and
                    (B) by adding at the end the following:
    ``(ii) The percentage of basic pay to be deducted and withheld 
under clause (i) shall--
            ``(I) for each of calendar years 2013, 2014, and 2015, be 
        equal to the percentage that applied in the preceding calendar 
        year (as increased under this subclause, if applicable), plus 
        an additional 0.5 percentage point; and
            ``(II) for each calendar year after 2015, be equal to the 
        applicable percentage for calendar year 2015 (as determined 
        under subclause (I)).''.
            (2) Government contributions.--Section 8334(a)(1)(B) of 
        title 5, United States Code, is amended--
                    (A) in clause (i), by striking ``Except as provided 
                in clause (ii),'' and inserting ``Except as provided in 
                clause (ii) or (iii),''; and
                    (B) by adding at the end the following:
    ``(iii) The amount to be contributed under clause (i) shall, with 
respect to a period in any calendar year specified in subparagraph 
(A)(ii), be equal to--
            ``(I) the amount that would otherwise apply under clause 
        (i), reduced by
            ``(II) the amount by which the withholding under 
        subparagraph (A) exceeds the amount which would (but for clause 
        (ii) of such subparagraph) otherwise have been withheld under 
        such subparagraph from the basic pay of the employee or elected 
        official involved with respect to such period.''.
            (3) Offset rule.--Section 8334(k) of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(5) This subsection shall be applied in a manner consistent with 
subsections (a)(1)(A)(ii) and (a)(1)(B)(iii) of section 8334.''.
    (b) Federal Employees' Retirement System.--Section 8422(a) of title 
5, United States Code, is amended--
            (1) in paragraph (1), by striking ``paragraph (2).'' and 
        inserting ``this subsection.''; and
            (2) by adding at the end the following:
    ``(4) Notwithstanding any other provision of this subsection, the 
percentage to be deducted and withheld under this subsection shall--
            ``(A) for each of calendar years 2013, 2014, and 2015, be 
        equal to the percentage that applied in the preceding calendar 
        year under this subsection (including this subparagraph, if 
        applicable), plus an additional 0.5 percentage point; and
            ``(B) for each calendar year after 2015, be equal to the 
        applicable percentage for calendar year 2015 (as determined 
        under subparagraph (A)).''.
    (c) Foreign Service.--For provisions of law requiring maintenance 
of existing conformity--
            (1) between the Civil Service Retirement System and the 
        Foreign Service Retirement System, and
            (2) between the Federal Employees' Retirement System and 
        the Foreign Service Pension System,
see section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067).
    (d) CIARDS.--
            (1) Compatibility with csrs.--In order to carry out the 
        purposes of this section with respect to the Central 
        Intelligence Agency Retirement and Disability System, the 
        authority under section 292 of the Central Intelligence Agency 
        Retirement Act (50 U.S.C. 2141) shall be applied.
            (2) Applicability of fers.--For provisions of law providing 
        for the application of the Federal Employees' Retirement System 
        with respect to employees of the Central Intelligence Agency, 
        see title III of the Central Intelligence Agency Retirement Act 
        (50 U.S.C. 2151 and following).
    (e) TVA.--Section 3 of the Tennessee Valley Authority Act of 1933 
(16 U.S.C. 831b) is amended by adding at the end the following:
    ``(c) The chief executive officer shall prescribe any regulations 
which may be necessary in order to carry out the purposes of the 
Securing Annuities for Federal Employees Act of 2012 with respect to 
any defined benefit plan covering employees of the Tennessee Valley 
Authority.''.

SEC. 3. AMENDMENTS RELATING TO SECURE ANNUITY EMPLOYEES.

    (a) Definition of Secure Annuity Employee.--Section 8401 of title 
5, United States Code, is amended--
            (1) in paragraph (35), by striking ``and'' at the end;
            (2) in paragraph (36), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(37) the term `secure annuity employee' means an employee 
        or Member who--
                    ``(A) first becomes subject to this chapter after 
                December 31, 2012; and
                    ``(B) at the time of first becoming subject to this 
                chapter, does not have at least 5 years of civilian 
                service creditable under the Civil Service Retirement 
                System or any other retirement system for Government 
                employees.''.
    (b) Individual Contributions.--Section 8422(a) of title 5, United 
States Code (as amended by section 2(b)) is further amended--
            (1) in paragraph (4) (as added by section 2(b)), in the 
        matter before subparagraph (A), by inserting ``and except in 
        the case of a secure annuity employee,'' after ``this 
        subsection''; and
            (2) by adding after paragraph (4) (as so added) the 
        following:
    ``(5) Notwithstanding any other provision of this subsection, in 
the case of a secure annuity employee, the percentage to be deducted 
and withheld shall be computed under paragraphs (1) through (3), except 
that the applicable percentage under paragraph (3) for civilian service 
shall--
            ``(A) in the case of a secure annuity employee who is an 
        employee, Congressional employee, or Member, be equal to 10.2 
        percent; and
            ``(B) in the case of a secure annuity employee who is a law 
        enforcement officer, firefighter, member of the Capitol Police, 
        member of the Supreme Court Police, air traffic controller, 
        nuclear materials courier, or customs and border protection 
        officer, be equal to 10.7 percent.''.
    (c) Average Pay.--Section 8401(3) of title 5, United States Code, 
is amended--
            (1) by striking ``(3)'' and inserting ``(3)(A)''; and
            (2) by adding ``except that'' after the semicolon; and
            (3) by adding at the end the following:
            ``(B) in the case of a secure annuity employee, the term 
        `average pay' has the meaning determined applying subparagraph 
        (A)--
                    ``(i) by substituting `5 consecutive years' for `3 
                consecutive years'; and
                    ``(ii) by substituting `5 years' for `3 years'.''.
    (d) Computation of Basic Annuity.--Section 8415 of title 5, United 
States Code, is amended--
            (1) by striking subsections (a) through (e) and inserting 
        the following:
    ``(a) Except as otherwise provided in this section, the annuity of 
an employee retiring under this subchapter is--
            ``(1) in the case of an employee other than a secure 
        annuity employee, 1 percent of that individual's average pay 
        multiplied by such individual's total service; and
            ``(2) in the case of an employee who is a secure annuity 
        employee, 0.7 percent of that individual's average pay 
        multiplied by such individual's total service.
    ``(b)(1) The annuity of a Member, or former Member with title to a 
Member annuity, retiring under this subchapter is computed under 
subsection (a)(1), except that if the individual has had at least 5 
years of service as a Member or Congressional employee, or any 
combination thereof, so much of the annuity as is computed with respect 
to either such type of service (or a combination thereof), not 
exceeding a total of 20 years, shall be computed by multiplying 1.7 
percent of the individual's average pay by the years of such service.
    ``(2) The annuity of a Member, or former Member with title to a 
Member annuity, retiring under this subchapter is, if the individual is 
or was a secure annuity employee, computed--
            ``(A) under subsection (a)(2); and
            ``(B) disregarding paragraph (1) of this subsection.
    ``(c)(1) The annuity of a Congressional employee, or former 
Congressional employee, retiring under this subchapter is computed 
under subsection (a)(1), except that if the individual has had at least 
5 years of service as a Congressional employee or Member, or any 
combination thereof, so much of the annuity as is computed with respect 
to either such type of service (or a combination thereof), not 
exceeding a total of 20 years, shall be computed by multiplying 1.7 
percent of the individual's average pay by the years of such service.
    ``(2) The annuity of a Congressional employee, or former 
Congressional employee, retiring under this subchapter is, if the 
individual is or was a secure annuity employee, computed--
            ``(A) under subsection (a)(2); and
            ``(B) disregarding paragraph (1) of this subsection.
    ``(d) 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--
            ``(1) in the case of an individual other than a secure 
        annuity employee--
                    ``(A) 1.7 percent of that individual's average pay 
                multiplied by so much of such individual's total 
                service as does not exceed 20 years; plus
                    ``(B) 1 percent of that individual's average pay 
                multiplied by so much of such individual's total 
                service as exceeds 20 years; and
            ``(2) in the case of an individual who is a secure annuity 
        employee--
                    ``(A) 1.4 percent of that individual's average pay 
                multiplied by so much of such individual's total 
                service as does not exceed 20 years; plus
                    ``(B) 0.7 percent of that individual's average pay 
                multiplied by so much of such individual's total 
                service as exceeds 20 years.
    ``(e) The annuity of an air traffic controller or former air 
traffic controller retiring under section 8412(a) is computed under 
subsection (a)(1), except that if the individual has had at least 5 
years of service as an air traffic controller as defined by section 
2109(1)(A)(i), so much of the annuity as is computed with respect to 
such type of service shall be computed--
            ``(1) in the case of an individual other than a secure 
        annuity employee, by multiplying 1.7 percent of the 
        individual's average pay by the years of such service; and
            ``(2) in the case of an individual who is a secure annuity 
        employee, by multiplying 1.4 percent of the individual's 
        average pay by the years of such service.''; and
            (2) in subsection (h)--
                    (A) in paragraph (1), by striking ``subsection 
                (a)'' and inserting ``subsection (a)(1)''; and
                    (B) in paragraph (2), in the matter following 
                subparagraph (B), by striking ``or customs and border 
                protection officer'' and inserting ``customs and border 
                protection officer, or secure annuity employee.''.

SEC. 4. ANNUITY SUPPLEMENT.

    Section 8421(a) of title 5, United States Code, is amended--
            (1) in paragraph (1), by striking ``paragraph (3)'' and 
        inserting ``paragraphs (3) and (4)'';
            (2) in paragraph (2), by striking ``paragraph (3)'' and 
        inserting ``paragraphs (3) and (4)''; and
            (3) by adding at the end the following:
    ``(4)(A) Except as provided in subparagraph (B), no annuity 
supplement under this section shall be payable in the case of an 
individual whose entitlement to annuity is based on such individual's 
separation from service after December 31, 2012.
    ``(B) Nothing in this paragraph applies in the case of an 
individual separating under subsection (d) or (e) of section 8412.''.
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