HR 3813 IHRHCommentsClose CommentsPermalink

Union Calendar No. 274CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3813CommentsClose CommentsPermalink

[Report No. 112-394, Part I]CommentsClose CommentsPermalink

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

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 24, 2012CommentsClose CommentsPermalink

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 concernedCommentsClose CommentsPermalink

February 9, 2012CommentsClose CommentsPermalink

Reported from the Committee on Oversight and Government Reform with an amendmentCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

February 9, 2012CommentsClose CommentsPermalink

The Committee on House Administration discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printedCommentsClose CommentsPermalink

[For text of introduced bill, see copy of bill as introduced on January 24, 2012]CommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

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

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Securing Annuities for Federal Employees Act of 2012’. CommentsClose CommentsPermalink

SEC. 2. RETIREMENT CONTRIBUTIONS.

(a) Civil Service Retirement System- CommentsClose CommentsPermalink





(1) INDIVIDUAL CONTRIBUTIONS-Section 8334(a)(1)(Ac) of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(A) by striking ‘(a)(1)(A) Thec) Each’ and inserting ‘(a)(1)(A)(i) Except as provided in clause (ii), thec)(1) Each’; and CommentsClose CommentsPermalink





(B) by adding at the end the following: CommentsClose CommentsPermalink





‘(ii) Th2) Notwithstanding any other provision of this subsection, the applicable percentage of basic pay to be deducted and withheld under clause (i) shall--‘(I) for each ofunder this subsection shall, for purposes of computing an amount-- CommentsClose CommentsPermalink





‘(A) for a period in calendar years 2013, 2014, andor 2015, be equal to the percentage that applied inapplicable percentage under this subsection for the preceding calendar year (including as increased under this subclauseparagraph, if applicable), plus an additional 0.5 percentage point; and CommentsClose CommentsPermalink





‘(II) for eachB) for a period in any calendar year after 2015, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subclause (Iparagraph (A)).’. CommentsClose CommentsPermalink





(2) GOVERNMENT CONTRIBUTIONS-Section 8334(a)(1)(B) of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘Except as provided in clause (ii),’ and inserting ‘Except as provided in clause (ii) or (iii),’; and CommentsClose CommentsPermalink





(B) by adding at the end the following: CommentsClose CommentsPermalink





‘(iii) The amount to be contributed under clause (i) shall, with respect to a period in any calendar year specified in subparagraph (A)(ii)beginning after December 31, 2012, be equal to-- CommentsClose CommentsPermalink





‘(I) the amount thatwhich would otherwise apply under clause (i) with respect to such period, reduced by CommentsClose CommentsPermalink





‘(II) the amount by which, with respect to such period, 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 8334under subparagraph (A) based on the percentage applicable under subsection (c) for calendar year 2012.’. CommentsClose CommentsPermalink




(b) Federal Employees’ Retirement System-Section 8422(a)(3) of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘paragraph (2).(3) The’ and inserting ‘this subsection.(3)(A) The’; and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





‘(4B) Notwithstanding any other provision of this subsection, the percentage to be deducted and withheld under this subsection shall--‘(A) for each ofparagraph, the applicable percentage under this paragraph shall, for purposes of computing any amount-- CommentsClose CommentsPermalink





‘(i) for a period in calendar years 2013, 2014, andor 2015, be equal to the percentage that applied inapplicable percentage under this paragraph for the preceding calendar year under this subsection (including(including as increased under this subparagraph, if applicable), plus an additional 0.5 percentage point; and CommentsClose CommentsPermalink





‘(B) for eachii) for a period in any calendar year after 2015, be equal to the applicable percentage under this paragraph 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 Authorityclause (i)).’. CommentsClose CommentsPermalink

SEC. 3. AMENDMENTS RELATING TO SECURE ANNUITY EMPLOYEES.

(a) Definition of Secure Annuity Employee-Section 8401 of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in paragraph (35), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(2) in paragraph (36), by striking the period and inserting ‘; and’; and CommentsClose CommentsPermalink





(3) by adding at the end the following: CommentsClose CommentsPermalink





‘(37) the term ‘secure annuity employee’ means an employee or Member who-- CommentsClose CommentsPermalink





‘(A) first becomes subject to this chapter after December 31, 2012; and CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(b) Individual Contributions-Section 8422(a)(3) of title 5, United States Code (as amended by section 2(b)) is further amended-- CommentsClose CommentsPermalink





(1) in paragraph (4subparagraph (B) (as added by section 2(b)), in the matter before subparagraph (A), byclause (i), by striking ‘this paragraph, the’ and inserting ‘this paragraph and except in the case of a secure annuity employee,’ after ‘this subsection the’; and CommentsClose CommentsPermalink





(2) by adding after paragraph (4subparagraph (B) (as so added) the following: CommentsClose CommentsPermalink





‘(5C) Notwithstanding any other provision of this subsectionparagraph, 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 this paragraph shall-- CommentsClose CommentsPermalink





‘(Ai) in the case of a secure annuity employee who is an employee, Congressional employee, or Member, be equal to 10.2 percent; and CommentsClose CommentsPermalink





‘(Bii) 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.’. CommentsClose CommentsPermalink





(c) Average Pay-Section 8401(3) of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking ‘(3)’ and inserting ‘(3)(A)’; and CommentsClose CommentsPermalink





(2) by adding ‘except that’ after the semicolon; and CommentsClose CommentsPermalink





(3) by adding at the end the following: CommentsClose CommentsPermalink





‘(B) in the case of a secure annuity employee, the term ‘average pay’ has the meaning determined applying subparagraph (A)-- CommentsClose CommentsPermalink





‘(i) by substituting ‘5 consecutive years’ for ‘3 consecutive years’; and CommentsClose CommentsPermalink





‘(ii) by substituting ‘5 years’ for ‘3 years’.’. CommentsClose CommentsPermalink





(d) Computation of Basic Annuity-Section 8415 of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking subsections (a) through (e) and inserting the following: CommentsClose CommentsPermalink





‘(a) Except as otherwise provided in this section, the annuity of an employee retiring under this subchapter is-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) under subsection (a)(2); and CommentsClose CommentsPermalink





‘(B) disregarding paragraph (1) of this subsection. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) under subsection (a)(2); and CommentsClose CommentsPermalink





‘(B) disregarding paragraph (1) of this subsection. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(1) in the case of an individual other than a secure annuity employee-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(B) 1 percent of that individual’s average pay multiplied by so much of such individual’s total service as exceeds 20 years; and CommentsClose CommentsPermalink





‘(2) in the case of an individual who is a secure annuity employee-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(B) 0.7 percent of that individual’s average pay multiplied by so much of such individual’s total service as exceeds 20 years. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(2) in subsection (h)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘subsection (a)’ and inserting ‘subsection (a)(1)’; and CommentsClose CommentsPermalink





(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.’. CommentsClose CommentsPermalink

SEC. 4. ANNUITY SUPPLEMENT.

Section 8421(a) of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘paragraph (3)’ and inserting ‘paragraphs (3) and (4)’; CommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘paragraph (3)’ and inserting ‘paragraphs (3) and (4)’; and CommentsClose CommentsPermalink





(3) by adding at the end the following: CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(B) Nothing in this paragraph applies in the case of an individual separating under subsection (d) or (e) of section 8412.’. CommentsClose CommentsPermalink

SEC. 5. CONTRIBUTIONS TO THRIFT SAVINGS FUND OF PAYMENTS FOR ACCRUED OR ACCUMULATED LEAVE.

(a) Amendments Relating to CSRS-Section 8351(b) of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking paragraph (2)(A) and inserting the following: CommentsClose CommentsPermalink





‘(2)(A) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount of such employee’s or Member’s basic pay for such pay period, and may contribute (by direct transfer to the Fund) any part of any payment that the employee or Member receives for accumulated and accrued annual or vacation leave under section 5551 or 5552. Notwithstanding section 2105(e), in this paragraph the term ‘employee’ includes an employee of the United States Postal Service or of the Postal Regulatory Commission.’; CommentsClose CommentsPermalink





(2) by striking subparagraph (B) of paragraph (2); and CommentsClose CommentsPermalink





(3) by redesignating subparagraph (C) of paragraph (2) as subparagraph (B). CommentsClose CommentsPermalink





(b) Amendments Relating to FERS-Section 8432(a) of title 5, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking paragraphs (1) and (2) and inserting the following: CommentsClose CommentsPermalink





‘(1) An employee or Member-- CommentsClose CommentsPermalink





‘(A) may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), any amount of such employee’s or Member’s basic pay for such pay period; and CommentsClose CommentsPermalink





‘(B) may contribute (by direct transfer to the Fund) any part of any payment that the employee or Member receives for accumulated and accrued annual or vacation leave under section 5551 or 5552. CommentsClose CommentsPermalink





‘(2) Contributions made under paragraph (1)(A) pursuant to an election under subsection (b) shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.’; and CommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph: CommentsClose CommentsPermalink





‘(4) Notwithstanding section 2105(e), in this subsection the term ‘employee’ includes an employee of the United States Postal Service or of the Postal Regulatory Commission.’. CommentsClose CommentsPermalink





(c) Regulations- The Executive Director of the Federal Retirement Thrift Investment Board shall promulgate regulations to carry out the amendments made by this section. CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by subsections (a) and (b) shall take effect one year after the date of the enactment of this section, or upon such earlier date as may be established by the Executive Director of the Federal Retirement Thrift Investment Board under the regulations promulgated pursuant to subsection (c). CommentsClose CommentsPermalink

SEC. 6. COORDINATION WITH OTHER RETIREMENT SYSTEMS.

(a) Foreign Service- For provisions of law requiring maintenance of existing conformity-- CommentsClose CommentsPermalink





(1) between the Civil Service Retirement System and the Foreign Service Retirement System, and CommentsClose CommentsPermalink





(2) between the Federal Employees’ Retirement System and the Foreign Service Pension System, CommentsClose CommentsPermalink





see section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067). CommentsClose CommentsPermalink





(b) CIARDS- CommentsClose CommentsPermalink





(1) COMPATIBILITY WITH CSRS- For provisions of law relating to maintenance of existing conformity between the Civil Service Retirement System and the Central Intelligence Agency Retirement and Disability System, see section 292 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2141). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(c) 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: CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

Union Calendar No. 274CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3813CommentsClose CommentsPermalink

[Report No. 112-394, Part I]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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

---

February 9, 2012CommentsClose CommentsPermalink

The Committee on House Administration discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printedCommentsClose CommentsPermalink