[Congressional Record Volume 145, Number 50 (Tuesday, April 13, 1999)]
[Senate]
[Page S3639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROBB:
  S. 772. A bill to amend section 8339(p) of title 5, United States 
Code, to clarify the computations of certain civil service retirement 
system annuities based on part-time service, and for other purposes; to 
the Committee on Governmental Affairs.


        CIVIL SERVICE RETIREMENT SYSTEM ANNUITIES CLARIFICATION

  Mr. ROBB. Mr. President, I rise to introduce legislation that will 
correct current calculations of federal retirement annuities that 
unfairly penalizes federal civil servants who switch to part-time 
service at the end of their careers.
  The Congress included provisions in the 1986 Civil Service amendments 
contained in the Consolidated Omnibus Budget Reconciliation Act that 
reformed the part-time service calculations for retirement, so that 
part-time workers would not receive the same annuities as full-time 
workers. I believe that was a fair and equitable reform. However, after 
receiving a letter from one of my fellow Virginians, L. David Jones, it 
is clear that there have been errors in the interpretation of the 
provision.
  Mr. Jones worked for the Naval Research Lab until his retirement in 
February, 1995. He worked there full-time for 30 years and part-time 
for five years after his 30 years of full-time service. He elected 
part-time service at the end of his career to not only to ease into 
retirement, but to help his colleagues better manage an increased 
workload. But because of the misinterpretation of the provision, he 
would have been better off retiring at the end of his 30 years. Instead 
of being praised for his additional service, his situation now serves 
as a cautionary tale for others who wish to transition into retirement 
and help their colleagues: if you switch to part-time service after a 
long career as a full-time worker, your annuities will be reduced. 
Clearly, that is not the intent of the provision.
  Mr. Jones and his wife sought judicial remedies to no avail. He and 
his family simply want his annuity calculated accurately. That is why I 
am introducing this legislation today.
  Mr. President, by passing this legislation we will ensure that 
federal retirees like Mr. Jones and others are not unjustly penalized 
for working part-time at the end of their careers. I look forward to 
working with my colleagues on the Government Affairs Committee to 
ensure its consideration and favorable recommendation as quickly as 
possible.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 772

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM ANNUITY 
                   COMPUTATIONS BASED ON PART-TIME SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply to any 
     service performed on a part-time basis before, on, or after 
     April 7, 1986;
       ``(B) subparagraph (B) of such paragraph shall apply to all 
     service performed on a part-time or full-time basis on or 
     after April 7, 1986; and
       ``(C) any service performed on a part-time basis before 
     April 7, 1986, shall be credited as service performed on a 
     full-time basis.''.
       (b) Application.--
       (1) In general.--Subject to paragraph (2), the amendment 
     made under subsection (a) shall apply to the computation of 
     any annuity with a date of commencement on or after April 7, 
     1986.
       (2) Annuity payments.--The computation of an annuity based 
     on the amendment made under subsection (a) shall apply only 
     with respect to annuity payments made on or after the first 
     day of the first applicable pay period beginning 90 days 
     after the date of enactment of this Act.
                                 ______