[Congressional Record Volume 141, Number 196 (Monday, December 11, 1995)]
[Senate]
[Page S18363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       By Mr. DOMENICI (for himself and Mr. Bingaman):

  S. 1464. A bill for the relief of certain former employees of the 
United States whose firefighting functions were transferred from the 
Department of Energy to Los Alamos County, NM; to the Committee on 
Governmental Affairs.

                  LOS ALAMOS FIREFIGHTERS LEGISLATION

  Mr. DOMENICI. Mr. President, I introduce legislation that will enable 
the Federal Government to fulfill an outstanding obligation to a small, 
dedicated group that has committed years of service in the national 
interest.
  In 1989, firefighting responsibilities in Los Alamos, NM, were 
transferred from the Department of Energy to Los Alamos County. The 
transfer was part of a larger, continuing effort to divest the Federal 
Government of functions normally performed by State and local 
government that the Federal Government has performed in Los Alamos 
since the Manhattan Engineering District assumed control of all 
activities at Los Alamos during World War II.
  The transfer affected 43 firefighters who, after years of Federal 
service that for many of them began in Viet Nam, became Los Alamos 
County employees. At the time, the firefighters were told by the 
Department of Energy that they would be transferred ``as whole,'' 
meaning they would lose no benefits. Unfortunately, that did not happen 
largely due to changes in administration at the Department of Energy 
and Los Alamos County.
  Each firefighter received a severance payment, in accordance with 
normal practice, that included reimbursement for moneys each had 
contributed to the Federal retirement system. However, that payment was 
significantly less than the amount required to purchase service time in 
the retirement program available to Los Alamos County employees 
equivalent to their time of Federal service.
  The result is straightforward; these firefighters, who continue to 
perform exactly the same work today as when they were Department of 
Energy employees, have lost the majority of their retirement because 
the Federal Government has failed to meet its obligation to transfer 
them ``as whole.'' These are dedicated workers who continue to provide 
vital firefighting service to Los Alamos County and the Los Alamos 
National Laboratory. They should be treated fairly.
  The legislation I am introducing today would remedy this unfairness. 
It would direct the Federal Government pay to the firefighters current 
State retirement program a sum that when combined with the severance 
payment made to the firefighters upon their transfer would provide the 
firefighters with a service credit in the State program equivalent to 
their Federal time of service. The result would be that the 
firefighters retirement would not be impacted by the change from 
Federal to county status.
  Mr. President, there is some urgency to this matter. A number of 
these firefighters are approaching retirement age. Without the benefits 
of this legislation, they will be entitle to almost no retirement 
benefits when they reach the mandatory retirement age for firefighters.
  I hope my colleagues will give prompt and considered attention to 
this matter.
 Mr. BINGAMAN. Mr. President, I am pleased to join with my 
friend and colleague, the senior Senator from New Mexico, Senator 
Domenici, in introducing legislation today that will fairly compensate 
a group of dedicated former Federal employees for the loss of 
retirement benefits that they experienced as a result of the transfer 
of their duties from the Department of Energy to the County of Los 
Alamos, NM.
  Mr. President, in 1989, the responsibility for the Los Alamos Fire 
Department, which jointly serves the Los Alamos National Laboratories 
and Los Alamos County municipality, was transferred from the Department 
of Energy to the county. As a result of the transfer, some of these 
firefighters lost more than $20,000 in retirement funds that they had 
accrued with the Federal Government. And, as a result of the transfer, 
these individuals, who have served an average of 15 years with the 
Department of Energy, no longer have retirement benefits. Clearly, this 
is a situation that must be remedied as soon as possible.
  Mr. President, with the support of Senator Domenici I am sure that we 
will finally be able to provide these firefighters with the 
compensation for lost retirement benefits they have incurred as a 
result of the transfer of their responsibilities from the Federal 
Government to the State of New Mexico and I look forward to working for 
the prompt consideration and passage of this legislation.
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