[Congressional Record Volume 149, Number 124 (Wednesday, September 10, 2003)]
[House]
[Pages H8097-H8098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       ANNUITY COMPUTATIONS ADJUSTMENTS FOR PERIODS OF DISABILITY

  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 978) 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.
  The Clerk read as follows:

                                H.R. 978

       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) Effective Date.--The amendments made by this section 
     shall apply with respect to any annuity entitlement to which 
     is based on a separation from service occurring on or after 
     the date of enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Virginia (Mrs. Jo Ann Davis) and the gentlewoman from New York (Mrs. 
Maloney) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Virginia (Mrs. Jo Ann 
Davis).


                             General Leave

  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days within which to revise and 
extend their remarks on H.R. 978.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Virginia?
  There was no objection.

[[Page H8098]]

  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, H.R. 978 is a great step towards reasonably assisting 
Federal employees.
  This legislation temporarily doubles the usual Federal employees' 
retirement system direct benefit of 1 percent of an employee's pay 
during a period of disability. The added percentage point offsets the 
reductions in Social Security and the Thrift Savings Plan that would 
result from an employee's discontinuation of contributions while 
temporarily disabled.
  The Department of Labor, the Office of Management and Budget, and the 
Office of Personnel Management support this legislation.
  Mr. Speaker, the inspiration of this bill is Mrs. Louise Kurtz, a 
U.S. Army civilian employee who works at the Pentagon. Mrs. Kurtz was 
tragically injured when terrorists crashed American Airlines Flight 77 
into the west side of the Pentagon. Mrs. Kurtz was at work at the 
Pentagon that day, and she was so severely injured that she remains in 
rehabilitation today for the burns that affected more than 70 percent 
of her body. Current law prohibits Mrs. Kurtz from contributing to her 
retirement program while she recovers and receives workers compensation 
disability payments. This reality will significantly delay the point at 
which she will be able to retire. H.R. 978 will allow Federal employees 
who are injured or otherwise unable to work for extended periods of 
time to retire on schedule.
  Mr. Speaker, the work of Federal employees has become even more 
critical in the 2 years since September 11. Each and every day, Federal 
employees protect our homeland, deliver our mail, teach our children, 
respond to emergencies, and perform countless other essential tasks. 
H.R. 978 is an opportunity for this House to effectively protect our 
hard-working Federal employees by addressing an inadequate component of 
the FERS system. Therefore, I urge all Members to support the passage 
of H.R. 978.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. MALONEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this legislation, introduced by the gentlewoman from 
Virginia (Chairwoman Jo Ann Davis), will go a long way to help Federal 
employees injured on the job and receiving workers compensation. More 
specifically, this legislation will help Mrs. 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. Mrs. Kurtz is going through rehabilitation 
and would like 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. Federal employees like Mrs. Kurtz 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 Workers Compensation Programs are unable to make 
contributions or payments into Social Security or the Thrift Savings 
Plan. Therefore, their 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 1 percentage point for 
extended periods of disability. The passage of this bill ensures that 
the pensions of hard-working Federal employees will be kept whole 
through their injury and recuperation period. I strongly support this 
bill, and I urge my colleagues to do the same.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I have no other speakers 
at this time. I urge all Members to support the passage of this 
measure, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Shaw). The question is on the motion 
offered by the gentlewoman from Virginia (Mrs. Jo Ann Davis) that the 
House suspend the rules and pass the bill, H.R. 978.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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