[Congressional Record Volume 149, Number 32 (Thursday, February 27, 2003)]
[Senate]
[Page S2940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLEN (for himself and Mr. Warner):
  S. 481. A bill to amend chapter 84 of title 5, United States Code, to 
provide that certain Federal annuity computations are adjusted by 1 
percentage point relating to periods of receiving disability payments, 
and for other purposes; to the Committee on Governmental Affairs.
  Mr. ALLEN. Mr. President, I rise today to introduce a bill to fairly 
assist injured Federal employees. This legislation will adjust Federal 
employees retirement computations to offset reductions in their 
retirement arising from on-the-job injuries covered by the Workers 
Compensation program. I introduced similar legislation last session 
that was passed by the Senate. I would like to thank my colleague 
Senator Warner the senior Senator from Virginia, for his valuable 
support in cosponsoring this important effort.
  This bill addresses a problem in the retirement program for Federal 
employees that has been recognized but unresolved since 1986 when the 
current retirement system was established. Unfortunately, complications 
arising from the Tax Code and the Workers Rehabilitation Act of 1973 
have blocked any solution.
  My resolve to address this problem was inspired by Ms. Louise Kurtz, 
a Federal employee from Virginia who was severely injured in the 
September 11 attack on the pentagon. She suffered burns over 70 percent 
of her body and lost all of her fingers. She has had many painful 
surgeries and faces additional surgeries in the future. She continues 
to endure rehabilitation over a year after suffering her injuries, yet 
still hopes to return to work some day. Current law, however, does not 
allow Mrs. Kurtz to contribute to her retirement program while she is 
recuperating and receiving Workers' Compensation disability payments. 
As a result, after returning to work and eventually retiring, she will 
find herself inadequately prepared and unable to afford to retire 
because of the lack of contributions during her recuperation.
  As Ms. Kurt's situation reveals, Federal employee under the Federal 
Employees Retirement System who have sustained an on-the-job injury and 
are receiving disability compensation from the Department of Labor's 
Office of Worker's Compensation Programs are unable to make 
contributions or payments into Social Security or the Thrift Savings 
Plan. Therefore, the future retirement benefits from both sources are 
reduced.
  This legislation offsets the reductions in Social Security and Thrift 
savings Plan retirement benefits by increasing the Federal Employees 
Retirement System Direct Benefit calculation by one percentage point 
for extended periods of disability.
  The passage of this bill ensures that the pensions of our hard-
working federal employees will be kept whole during a period of injury 
and recuperations, especially now that many of them are on the 
frontlines of protecting our homeland security in this new war on 
terror. By protecting the retirement security of injured Federal 
employee, we have provided an incentive for them to return to work and 
increased our ability to retain our most dedicated and experienced 
Federal workers. This is a reasonable and fair approach in which the 
whole Senate acted in a logical and compassionate manner last fall. Let 
us do so again.
  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. 481

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

     SECTION 1. ANNUITY COMPUTATION ADJUSTMENT FOR PERIODS OF 
                   DISABILITY.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (i) as 
     subsection (k); and
       (2) by adding at the end the following:
       ``(l) In the case of any annuity computation under this 
     section that includes, in the aggregate, at least 2 months of 
     credit under section 8411(d) for any period while receiving 
     benefits under subchapter I of chapter 81, the percentage 
     otherwise applicable under this section for that period so 
     credited shall be increased by 1 percentage point.''
       (b) Conforming Amendment.--Section 8422(d)(2) of title 5, 
     United States Code (as added by section 122(b)(2) of Public 
     Law 107-135), is amended by striking ``8415(i)'' and 
     inserting ``8415(k)''.
       (c) Applicability.--The amendments made by this section 
     shall apply with respect to any annuity entitlement which is 
     based on a separation from service occurring on or after the 
     date of enactment of this Act.
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