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C. To Amend Title VI of the Legislative Reorganization Act of 1946, as Amended, With Respect to the Retirement of Employees in the Legislative Branch

(68 Stat. 21)

This act was the result of the enactment of S. 2175, 83d Congress. It was approved on March 6, 1954, Public Law 303, 83d Congress. The text of the act appears in volume 68, Statutes at Large, pages 21-23. Its provisions are codified as 5 U.S.C. 8331 et seq.

LEGISLATIVE HISTORY OF PUBLIC LAW 303, 83D CONGRESS

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.

(Page citations are to vol. 99, Congressional Record)

S. 2175: To amend title VI of the legislative branch. Mrs. Smith of Maine; from Committee on Government Operations (S. Rept. 454), 6951. Ordered placed on the calendar, 6951. Objected to, 7996, 8948. Debated, 9042, 9054. Amended and passed Senate, 9058. Referred to House Committee on Post Office and Civil Service, 9302.

(Page citations are to vol. 100, Congressional Record)

Reported with amendment (H. Rept. 1127), 914. Amended and passed House, 1133. Senate disagrees to House amendment and asks for a conference, 1216. Conferees appointed, 1217. House insists on its amendments and agrees to a conference, 1281. Conferees appointed, 1281. Conference report (H. Rept. 1201) submitted in House and agreed to, 1937. Conference report submitted in Senate and agreed to, 2346. Examined and signed, 2358, 2412. Presented to the President, 2358. Approved (Public Law 303), 2770.

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 303, 83D CONGRESS

Senate Report 454, 83d Congress, 11660.
House Report 1127, 83d Congress, 11737.

House Report 1201 (conference), 11737.

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 303,
83D CONGRESS

Senate Committee on Government Operations, 83d Congress: Retirement of employees in the legislative branch, June 8, 1953, on S. 2175.

TEXT OF PUBLIC LAW 303, 83D CONGRESS

AN ACT

To amend title VI of the Legislative Reorganization Act of 1946, as amended, with respect to the retirement of employees in the Legislative Branch.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Title VI of the Legislative Reorganization Act of 1946, as amended, is amended by adding at the end thereof the following new section:

"SEC. 603. a) Section 4 of the Civil Service Retirement Act of May 29, 1930, as amended, is amended by adding at the end thereof the following new subsection:

"(g) Any officer or employee in the legislative branch of the Government within the classes of officers and employees made eligible for the benefits of this Act by the Act of July 13, 1937, the Act of June 21, 1947, or the Act of July 23, 1953, who is separated from service on or after the date of enactment of this subsection after having rendered at least five years of service as such an officer or employee and after having become entitled to an immediate or future annuity under this Act shall, if he so elects at the time of commencement of such annuity, be paid, in lieu of an annuity computed under subsection (a), a life annuity equal to the sum of the following:

""(A) 22 per centum of the average salary, pay, or compensation received by him during any five consecutive years of allowable service at his option multiplied by the sum of the years, not exceeding fifteen, of his service as an employee described in this subsection and of his allowable military or naval service; and

"(B) 12 per centum of such average salary, pay, or compensation multiplied by the years of his allowable service other than service used in computing annuity under clause (A).

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Restrictions.

5 USC 736b.

In no case shall an annuity computed under this subsection exceed an
amount equal to 80 per centum of the highest average annual salary,
pay, or compensation received by the officer or employee during any
five consecutive years of allowable service. No officer or employee
shall be entitled to the benefits of this subsection unless (i) there shall
have been deducted and withheld from his salary, pay, or compensa-
tion for the last five years of his allowable civilian service, or there
shall have been deposited under section 9 with respect to such last five
years of service, the amounts specified in section 9, and (ii) the last
eleven months of his allowable civilian service shall have been per-
formed as an employee described in this subsection. Service per-
formed prior to the date of enactment of this subsection shall not be
counted for the purposes of this subsection in the case of any person
not serving as an officer or employee described in this subsection on
such date unless such person performs at least eleven months of
service as such an officer or employee subsequent to such date. Para-
graphs (A) and (B) hereof shall also apply in the case of any person gress.
who was heretofore or is hereafter separated from the service with title
to annuity and who hereafter serves as a Member of Congress.'

(b) Section 3 (a) of such Act is amended by adding at the end thereof the following new paragraph:

Later service as Member of Com

5 USC 693(@).

Notice.

"Notwithstanding any other provision of this Act, any officer or employee in the legislative branch of the Government within the classes of officers or employees which were made eligible for the benefits of this Act by the Act of July 13, 1937, the Act of June 21, 1947, or the Act of July 23, 1953, serving in such position on the date of enactment of this paragraph, may give notice of his desire to come within 719, 693. the purview of this Act at any time prior to the expiration of six months after such date of enactment.'

S USC 693b693d, 698b, 715d,

60 Stat. 850.

S USC 693-1.

Members of Con

gress.

Eligibility.

5 USC 710-714.

Amount of an

nuity.

() ()

60 Stat. 812.

"(c) Section 3A of such Act is amended as follows:
"(1) Paragraph (3) is amended to read as follows:

"(3) No person shall be entitled to receive an annuity as provided in this section until he shall have become separated from the service after having had at least six years of service as a Member of Congress and have attained the age of sixty-two years, except that (A) any such Member who shall have had at least five years of service as a Member of Congress may, subject to the provisions of section 6 and of paragraph (4) of this section, be retired for disability, irrespective of age, and be paid an annuity computed in accordance with paragraph (5) of this section, and (B) any such Member who shall have become separated from the service after having had at least ten years of service as a Member of Congress and have attained the age of sixty years may receive an annuity computed in accordance with paragraph (5) of this section reduced by one-fourth of 1 per centum for each full month he is under the age of sixty-two years.'

"(2) Paragraph (5) is amended to read as follows:

66

(5) Subject to the provisions of section 9 and of subsections (b) S USC 7366, 698 and (c) of section 4, the annuity of a Member of Congress shall be an amount equal to 22 per centum of the average annual basic salary, pay, or compensation received by him as a Member of Congress subsequent to the date of enactment of the Legislative Reorganization Act of 1946, as amended, multiplied by the sum of his years of service as a Member of Congress and his years of active service performed as a member of the armed forces of the United States prior to his separation from service as a Member of Congress, but no such annuity shall exceed an amount equal to three-fourths of the basic salary, pay, or compensation that he is receiving at the time of such separation from service.'

2 USC 724 note.

Refunds.

Basic salary, pay or compensation."

2 USC 31.

"(3) Paragraph (6) is amended to read as follows:

66% (6) In the case of a Member of Congress who becomes separated from the service before he completes an aggregate of 20 years of service as a Member of Congress, and who is not retired, the total amount deducted from his basic salary, pay, or compensation as a Member of Congress, together with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter compounded on December 31 of each year to date of separation shall, upon application therefor, be returned to such Member of Congress. No such Member of Congress shall thereafter become eligible to receive an annuity as provided in this section unless he again becomes a Member of Congress and redeposits the amounts so returned with interest at 4.per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year and covering periods of service as a Member of Congress.'

"(4) Paragraph (10) is amended by inserting before the period at the end thereof a semicolon and the following: 'and the term "basic salary, pay, or compensation" includes (A) amounts received, for periods beginning on or subsequent to the effective date of this clause, as expense allowance under section 601 (b) of the Legislative Reorganization Act of 1946, as amended, and (B) amounts received as such allowance for any period after January 2, 1953, and prior to such effective date, if the Member of Congress so elects and makes deposit therefor at the rate of $150 per annum together with interest thereon at 3 per centum per annum, compounded on December 31 of each year and covering periods of service as a Member of Congress; Active service in and the term "active service performed as a member of the armed

armed forces.

forces of the United States" means (A) active service performed as a member of such forces, during any war or national regency proclaimed by the President or declared by the Congress, by a Member of Congress who left or leaves his office for the purpose of performing

such service and (B) any other periods of active service, not to exceed an aggregate of five years, performed as a member of such forces, but shall not include any such service for which credit is allowed for the purposes of retirement or retired pay under any other provision of law, including Title III of the Army and Air Force Vitalization and Retirement Equalization Act of 1948'.

62 Stat. 1087. 10 USC 1036

"(d) (1) Notwithstanding the provisions of section 3 (a) of the 10361. Act of February 28, 1948

"(A) subsections (b) and (c) of section 4, and the last sentence in section 9 of the Civil Service Retirement Act of May 29, 1930, as amended, shall apply to Members of Congress; and

"(B) subsections (c), (d), (e), (g), and (h) of section 12 of such Act shall apply in the case of Members of Congress dying on or after the date of enactment of this section. Such subsec

tions shall apply to the widower of any such Member of Congress to the same extent and in the same ner as to the widow of any such Member of Congress, if such widower shall have been married to such Member for at least two years immediately preceding her death or is the father of issue by such marriage. Such subsection (c) shall also apply in the case of any Member of Congress who died on or after November 4, 1952, and prior to the date of enactment of this subsection, except that in such case no annuity shall be payable for any period prior to such date of enactment and no annuity shall be payable unless the amount of any lump sum death benefit heretofore paid under the Civil Service Retirement Act of May 29, 1930, as amended, is redeposited in the civil-service retirement and disability fund.

"(2) Section 12 (c) of the Civil Service Retirement Act of May 29, 1930, as amended, is amended by striking out 'computed as provided in section 4 (a) hereof with respect to such officer or employee' in paragraphs (1) and (2) and inserting in lieu thereof 'computed as provided in section 4 (a), section 4 (g), or section 3A hereof, as the case may be, with respect to such officer or employee as if he had retired under the disability provisions of this Act'; and by striking out 'section 1, 2, or 6' in paragraphs (2) and (3) and inserting in lieu thereof 'section 1, 2, 3A, or 6'.

"(e) Section 13 of the Civil Service Retirement Act of May 29, 1930, as amended, is amended by inserting before the period at the end of the first sentence of the third paragraph thereof a comma and the following: 'except that the annuity of an elected officer of the Senate or House of Representatives and any annuity granted under the provisions of section 3A shall commence on the day following the day on which salary shall cease, provided the person entitled to such annuity meets the age and service requirements for annuity at that time"."

SEC. 2. Except as otherwise provided, the amendments made by this Act shall take effect on the first day of the month following the date of its enactment.

Approved March 6, 1954.

62 Stat. 49. SUSC 693-1 note.

5 USC 698, 736b. Widow or wid

ower.

S USC 724.

5 USC 724.

5 USC 698; ante, P. 22.

S USC 691. 715. 693-1, 710-714. Commencement.

S USC 718.

Ante, p. 22.

Effective date.

III. REORGANIZATION ACTS AND AMENDMENTS

A. Reorganization Act of 1939 (Government Agencies)

(53 Stat. 561)

This act was the result of the enactment of H.R. 4425, 76th Congress. It was approved on April 3, 1939, as Public Law 19, 76th Congress. The text of the public law appears in volume 53, Statutes at Large, pages 561-565. The provisions of this act are codified as 5 U.S.C. 901 et seq.

LEGISLATIVE HISTORY OF PUBLIC LAW 19, 76TH CONGRESS

1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC.

(Page citations are to vol. 84, Congressional Record)

H.R. 4425: To provide for reorganizing agencies of the Government, and for other purposes. Mr. Cochran; Select Committee on Government Organization, 1850. Reported back (H. Rept. 120), 2221, 2241. Debated, 2304-2320, 2375-2416, 2474-2502. Amended and passed House, 2504. In Senate to the Select Committee on Government Organization, 2517. Reported with amendments (S. Rept. 169), 2688. Debated, 2806, 2902, 2937-2968, 3024-3052, 3084-3105. Amended and passed Senate, 3105. Ordered printed with the amendments of the Senate numbered. House disagrees to Senate amendments and asks for a conference, 3177. Conferees appointed, 3146, 3177. Senate insists upon its amendments and agrees to conference, 3146. Conference report submitted in Senate and agreed to, 3400. Conference report submitted in the House (H. Rept. 323), 3466. Agreed to, 3466-3469. Examined and signed, 3507, 3596. Presented to the President, 3594. Approved (Public Law 19), 4235.

2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 19, 76TH CONGRESS

House Report 120, 76th Congress, 10296.

Senate Report 169, 76th Congress, 10292.

House Report 323 (conference), 76th Congress, 10297.

3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 19, 76TH CONGRESS

Senate Select Committee on Government Organization, 75th Congress (on S. 2700). Reorganization, agencies, August 2, 7, 9-12, 1937. Joint Committee on Government Organization, 75th Congress, Februuary 16-18, 24; March 8, 9, 11, 19, 29, 31; April 27, 29, 1937.

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