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S 742

112th CONGRESS
1st Session

S. 742

To amend chapters 83 and 84 of title 5, United States Code, to set the age at which Members of Congress are eligible for an annuity to the same age as the retirement age under the Social Security Act.

IN THE SENATE OF THE UNITED STATES

April 6 (legislative day, April 5), 2011

Mr. BROWN of Ohio introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs


A BILL

To amend chapters 83 and 84 of title 5, United States Code, to set the age at which Members of Congress are eligible for an annuity to the same age as the retirement age under the Social Security Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Congressional Retirement Age Act of 2011'.

SEC. 2. RETIREMENT AGE.

    (a) CSRS- Subchapter III of chapter 83 of title 5, United States Code, is amended--

      (1) in section 8336, by adding at the end the following:

    `(q)(1) An individual serving as a Member on or after the date of enactment of this subsection--

      `(A) shall not be eligible for an annuity under any other provision of this section; and

      `(B) shall be eligible for an annuity if the individual is separated from the service after attaining retirement age (as defined in section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)) and completing 5 years of service.

    `(2) This subsection applies to an individual serving as a Member on or after the date of enactment of this subsection without regard to whether--

      `(A) the individual is separated from the service while serving as an employee or a Member; or

      `(B) any service by the individual is subject to section 8334(k)'; and

      (2) in section 8338, by adding at the end the following:

    `(i)(1) An individual serving as a Member on or after the date of enactment of this subsection--

      `(A) shall not be eligible for an annuity under any other provision of this section; and

      `(B) if the individual is separated from the service, or transferred to a position in which the individual does not continue subject to this subchapter, after completing 5 years of service, is eligible for an annuity beginning at retirement age (as defined in section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)).

    `(2) This subsection applies to an individual serving as a Member on or after the date of enactment of this subsection without regard to whether--

      `(A) the individual serves as an employee before, on, or after the date of enactment of this subsection; or

      `(B) any service by the individual is subject to section 8334(k).'.

    (b) FERS- Chapter 84 of title 5, United States Code, is amended--

      (1) in section 8412, by adding at the end the following:

    `(i)(1) An individual serving as a Member on or after the date of enactment of this subsection--

      `(A) shall not be eligible for an annuity under any other provision of this section; and

      `(B) shall be eligible for an annuity if the individual is separated from the service after attaining retirement age (as defined in section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)) and completing 5 years of service.

    `(2) This subsection applies to an individual serving as a Member on or after the date of enactment of this subsection without regard to whether the individual is separated from the service while serving as an employee or a Member.';

      (2) in section 8413, by adding at the end the following:

    `(c)(1) An individual serving as a Member on or after the date of enactment of this subsection--

      `(A) shall not be eligible for an annuity under any other provision of this section; and

      `(B) if the individual is separated from the service, or transferred to a position in which the individual does not continue subject to this chapter, after completing 5 years of service, is eligible for an annuity beginning at retirement age (as defined in section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)).

    `(2) This subsection applies to an individual serving as a Member on or after the date of enactment of this subsection without regard to whether the individual serves as an employee before, on, or after the date of enactment of this subsection.'; and

      (3) in section 8414, by adding at the end the following:

    `(e) Notwithstanding any other provision of this section, an individual serving as a Member on or after the date of enactment of this subsection who otherwise meets the requirements for an annuity under another provision of this section shall not be entitled to an annuity until after attaining retirement age (as defined in section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)).'.

END