legislation: 97-s-2905
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| 97-s-2905 | 97 | s | 2905 | Civil Service Pension Reform Act of 1982 | Government Operations and Politics | 1982-09-14 | 1982-09-23 | Referred to Subcommittee on Civil Service and General Services. | Senate | Sen. Stevens, Ted [R-AK] | AK | R | S000888 | 0 | Civil Service Pension Reform Act of 1982 - Title I: Civil Service Pension System - Establishes a new Civil Service Pension System in which new and reemployed Federal employees, District of Columbia employees, and Members of Congress must participate. Provides an exemption for employees who are reemployed after being involuntarily separated from service while subject to the current civil service retirement program. Declares that benefits payable under the System are in addition to benefits payable under the Social Security Act. Sets forth the formula for determining an agency's contribution to the Civil Service Pension Fund for each participant. Requires the Secretary of each military and executive department to deposit in such fund a specified amount to cover the period of service on active duty with such department of a former member of the uniformed services who is commencing Government employment or taking office for the first time, unless the individual was awarded military retired pay for other than a disability or nonregular service. Authorizes each participant to contribute to the Fund up to 16 percent of his or her annual salary. Requires the agency employing such participant to match the amount of such contribution not to exceed three percent of the participant's annual salary. Requires the agency to pay to a participant who separates from employment before becoming eligible for an annuity an amount equal to: (1) the total contributions made by the participant; and (2) a specified percentage of the agency's contributions based on the years of service of the participant. Entitles a participant who separates from service on permanent disability to 100 percent of the agency's contributions. Entitles an individual who is a participant for five years to an actuarially-adjusted annuity. Directs the Civil Service Pension Board to prescribe methods of paying annuities. Requires that each annuitant elect one method, but permits an annuitant to change elections at any time, provided that no election results in a violation of a court decree of divorce, annulment, or legal separation. Sets the amount of a survivor's annuity at 55 percent of the annuity paid to the participant. Requires the amount of each such annuity to be redetermined at the end of each fiscal year and increased if appropriate. Permits a participant who separates from employment entitled to an annuity to elect to: (1) defer commencement of annuity payments until a specified date; or (2) withdraw the amount credited to the participant's account in one lump-sum payment. Allows a former participant: (1) to modify such deferred payment date; or (2) if reemployed, to redeposit the amount of any lump-sum payment withdrawn into his or her annuity account. Provides for the payment of the balance of the annuity account of a participant who dies before commencement of his or her annuity payments to his or her survivors according to specified order of precedence. Allows the recipient to elect to receive such benefits in one payment or as an annuity payable monthly for life. Establishes in the Treasury a Civil Service Pension Fund consisting of all funds contributed by the Government and employees under the System and increased or decreased by the total net earnings or losses from investments. Exempts sums in the Fund from legal process except for the legal obligations of child support or alimony payments. Provides for the investment of Government and participant contributions to the Fund in public investments (interest bearing U.S. securities) and private investments (interest bearing or equity securities of private businesses and other assets as the Board considers appropriate) with specified restrictions. Authorizes each participant to elect the general types of private investments into which the Board shall invest Fund sums credited to the participant's account. Limits the ownership interest in a private business that the Board may acquire. Directs the Board to: (1) maintain an account for each participant in the System reflecting the contributions made by or for such participant, the net losses and earnings of investments allocable to such participant, and the survivor benefits or annuities paid with respect to such participant; and (2) provide each participant an annual statement of the balance of such account. Allows any Federal employee or Member of Congress who is employed by the Government and subject to the current civil service retirement program on the day before enactment of this Act and any person who is reemployed by the Government after being involuntarily separated from service while subject to such program to elect to participate in the System. Requires that certain civil service retirement sums be transferred from the Civil Service Retirement and Disability Fund to the Civil Service Pension Fund for such persons electing to be System participants. Allows such persons who separate from employment before becoming entitled to an annuity to elect to receive payment of their retirement sums under either the System or the current civil service retirement program. Prohibits coercing any employee to elect to participate in the System. Sets forth technical provisions governing the payment and waiver of annuities under the System. Directs the Comptroller General to audit the Civil Service Pension Fund at least every two years. Entitles any System participant with at least one year of creditable service to receive illness and accident insurance benefits for up to 26 weeks each time he or she is unable to perform his or her duties due to disease or injury. Specifies: (1) the commencement and termination dates and circumstances of such entitlement; and (2) the amount of such benefits to be received during the entitlement period based on the length of service of the participant. Provides short term disability compensation for not to exceed 18 months for a participant who: (1) has received such insurance benefits for 26 weeks; (2) is determined by the Office of Personnel Management (OPM) to be disabled for Federal service; and (3) has applied for, but is not receiving, old age, survivors, and disability insurance (OASDI) benefits under the Social Security Act. Specifies the circumstances for terminating such compensation. Provides long term disability compensation for a participant who: (1) has received short term compensation for 18 months, is still disabled for Federal service, and has applied for, but is not receiving, OASDI benefits; or (2) has been determined to qualify for benefits under the Social Security Act. Terminates such compensation when the participant is no longer disabled for Federal service. Requires a reduced level of compensation for a participant who is determined not to qualify for disability benefits under the Social Security Act. Requires participants receiving injury and illness insurance benefits or short or long term compensation to be examined by a physician under the direction of the OPM or the Civil Service Pension Board. Exempts participants who are determined to qualify for disability benefits under the Social Security Act. Requires the appointment of any participant receiving long term compensation to any position in his or her employing agency or in Government the duties of which the participant is determined to be able to perform, provided that the position is located within a reasonable commuting distance from the last place the participant worked in the employing agency. Denies compensation to a participant who rejects such appointment. Authorizes the participant to appeal such a determination to the Merit Systems Protection Board. Specifies the pay rate of participant in such a position. Reduces (to not below $50) the amount of long term compensation payable to a participant by the amount of disability benefits to which the participant is entitled under the Social Security Act. Requires each agency to pay illness and accident benefits and short term compensation and to reimburse the Civil Service Pension Fund for long term compensation from the agency appropriation used to pay the participant. Requires any participant entitled to short or long term compensation to be separated from employment if the Board determines that the participant will be disabled indefinitely or if there is no definite prognosis for such participant. Reduces such participant's disability compensation by the amount of the participant's annuity. Directs the OPM to prescribe a schedule of impairments listing diseases and injuries and typical recovery periods. Establishes a Civil Service Pension Board as an independent agency in the executive branch. Sets forth provisions governing the membership, powers, and administrative functions of the Board. Directs the Board to prescribe policy and rules for the management of the Civil Service Pension Fund and to designate the types of investments which a participant may elect for the investment of Fund sums. Authorizes the Executive Director of the Board, with the Board's approval, to negotiate contracts with private businesses to invest Fund sums and to manage such investments. Lists the responsibilities of fiduciaries of the Fund. Title II: Miscellaneous and Conforming Amendments - Revises provisions governing sick leave for employees participating in the System to: (1) grant such an employee seven days of sick leave for use each year; (2) prohibit the accumulation of sick leave from one year to the next; and (3) prohibit advancing sick leave. Revises the amounts of contributions that agencies, generally, and the Federal National Mortgage Association and banks in the Farm Credit System must make for employees under the current civil service retirement program. Makes miscellaneous technical and conforming amendments. Requires the OPM to determine the amount of the unfunded liability of the Civil Service Retirement and Disability Fund for each of FY 1983 through 2022. Requires the amortization of any unfunded liability between the fiscal year of such liability and FY 2022 through the payment of annual installments of a specified amount by the Secretary of the Treasury. Directs the OPM or the employing agency to provide each employee or Member subject to the current civil service retirement program with a statement of the present value of the future benefits payable to such individual under such program. Requires the reduction of an annuity, under such program, of an employee or Member who is a party to a court decree of divorce, annulment, or legal separation requiring the payment of an survivor annuity to a spouse of former spouse. Provides for the payment of such a survivor annuity. Authorizes the OPM to contract for a service health benefit plan and an indemnity benefit plan for Federal employees which offer more than two levels of benefits, but requires that only two levels of each plan must provide benefits both for general hospital care and health services of a catastrophic nature. Includes officers and employees of the United States Postal Service under the Civil Service Pension System provisions of this Act. Title III: Social Security Amendments - Amends the Social Security Act to require coverage under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act for Federal and District of Columbia employees who: (1) were most recently hired or rehired before January 1, 1983, and who are not participants in the System; or (2) are not included as employees under provisions concerning the System or the current civil service retirement program. Amends the Internal Revenue Code to provide for taxation for OASDI benefits with respect to such employees. Title IV: Authorization and Effective Date - Authorizes the appropriation of sums necessary to pay the administrative expenses of the Civil Service Pension Fund for FY 1983. | 2025-08-29T19:51:52Z |