CIVIL SERVICE RETIREMENT

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CIA-RDP72-00337R000400020022-9
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June 1, 2005
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22
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October 2, 1969
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October 2, 19~9proved For ~ ~ WRA%00400020022-9 S 11789 managers of the bill and the other Sen- ators who have labored so long on this legislation. I have had recent opportunity to talk with Virginia miners-some of them vic- tims of accidents, others of lung disease resulting from their occupation. The Senate has taken a step today toward improving the conditions for safety in the mines and reducing the chances.for contraction of pneumoconi- osis by workers in the coal mines. Mr. MANSFIELD. Mr. President, while I was unable to attend the opening sessions of the debate on this measure which is designed to up-date our coal mine industry and provide miners with long-needed protection, it was. with great pleasure that I witnessed the highly thoughtful debate today. The over- whelming passage of this measure rep- sents a splendid achievement for the miners of our Nation. Much of the credit, I must say, be- longs to the distinguished Senator from New. Jersey (Mr. WILLIAMS). All of us appreciate the long hours he devoted to preparing this measure both in commit- tee and while it was pending before the Senate. The high caliber of that prepa- ration was exhibited in the wide accep- tance of the proposal. We are grateful. Our thanks go also to the distinguished senior Senator from New York (Mr. JAV- ITS) who joined constructively and with characteristic cooperation to assure this fine success. Other Senators played vital roles, as well. Noteworthy was the contribution of the distinguished Sen- ators from West Virginia (Mr. RAN- DOLPH and Mr..BYRD). Representing a great. mining State they understand well the grave problems. of unsafe mines. and mining operations. They contributed Im- mensely to the discussion. Of course, the distinguished senior Senator from Kentucky (Mr. COOPER) must be singled out for his contribution. Though his views differed to some extent with some. features of the proposal, he urged his position with great advocacy and the deep sincerity which was always welcome. The same may be said for his colleague, the distinguished junior Sen- ator from Kentucky (Mr. CooK). The Senator from Vermont (Mr.. PROUTY) also deserves our gratitude for his con- tribution to the discussion and for co- opearting to assure final disposition with such efficiency. . Finally, I wish to thank all Members of the Senate for their cooperation. I think each of us may take great pride in the passage of this measure. We have gone on record unequivocally in support of this great issue. Mr. KENNEDY. Mr, President, I. con- gratulate the Senator from New Jersey. (Mr. WILLIAMS) for his outstanding leadership as he has led this important legislation through to passage today. His activities, and the final result today, are very impressive. I commend, as well, the Senator from. New York (Mr. JAVITS), the Senator from Kentucky (Mr. COOPER), the Senator from Vermont (Mr. PROUTY), and the Senators from West. Virginia (Mr. RANDOLPH and Mr. BYRD).- CIVIL SERVICE RETIREMENT Mr. MANSFIELD. Mr. President, I ask unanimous consent that the Senate pro- ceed to the consideration of Calendar No. 333, S. 2754. The PRESIDING OFFICER. The bill will be stated by title. The ASSISTANT LEGISLATIVE CLERK. A bill (S. 2754) to amend subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement, and for other purposes. The PRESIDING OFFICER. Without objection, the Senate will proceed to its consideration. Mr. MANSFIELD. Mr. President, with the concurrence of the distinguished chairman of the committee, I should like to yield at this time to the distinguished minority leader. LEGISLATIVE PROGRAM Mr. SCOTT. Mr. President, may I ask the distinguished majority leader what is the order of business from here on out? What is to be done on the pending measure, and what does the majority leader plan thereafter? Mr. MANSFIELD. Mr. President, in response to the questions raised by my distinguished colleague, the minority leader, there is a hope-how good it is I do not know--tthat we might be able to finish the pending business tonight. Whether or not we finish it tonight or tomorrow, it will be followed by the John F. Kennedy Center bill, Calendar No. 316, and that, in turn, will be followed by the District of Columbia revenue bill, Calen- dar No. 427, and that in turn by S. 7, Calenader No. 346, the water pollution control bill.. It is anticipated that either tonight or tomorrow morning, we will bring up for reconsideration the Peace Corps'meas- ure, which I understand has been cleared all around. That, to the best of my knowledge, is the situation as we see it. Mr. SCOTT. I thank the distinguished majority leader. CIVIL SERVICE RETIREMENT The Senate resumed the consideration of the bill (S. 2754) to amend subchapter III of chapter 83 of title V, United States Code, relating to civil service retirement, and for other purposes. Mr. McGEE. Mr. President, I sent to the desk amendments to the pending measure, S. 2754, and ask unanimous consent that the amendments be agreed to en bloc. These are perfecting amend- ments in language, or updating of dates, recommended by the administration, and have nothing to do with the substance or any controversial parts of the bill. I ask unanimous consent that they be agreed to en bloc. The PRESIDING OFFICER. The clerk will state the amendments. The assistant legislative clerk pro- ceeded to read. the amendments. Mr. McGEE. Mr. President, I ask unanimous consent that further reading of the amendments be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. The amend- ments will be printed in the RECORD. The amendments are as follows: On page 8, line 7, change the section desig- nation from "SEC. 201." to "SEC. 201. (a) ". On page 8, line 12, strike out the words "period of" and insert in lieu thereof the word "total". On page 8, line 12, insert the following new subsection "(b)": "(b) Subsection (c) of section 8333 of title 5, United States Code, is amended to read as follows: "(c) A Member or his survivor is eligible for an annuity under this subchapter only if the amounts named by section 8334 of title have been deducted or deposited with respect to his last five years of civilian service, or, in the case of a survivor annuity under section 8341(d) or (e) (1) of this chapter, with re- spect to his total service." On page 12, in lines 1 and 16, strike out the word "consecutive". On page 14, beginning on line 6, strike out all down through line 14 and insert in lieu thereof the following: "(2) The annuity of each surviving child who, immediately prior to the effective date of such amendment is receiving an annuity under section 8341 (e) of title 5, United States Code, or under a comparable provision of any prior law, or who hereafter becomes entitled to receive annuity under the Act of May 29, 1930, as amended from and after February 28, 1948, shall be recomputed effective on such date, or computed from commencing date if later, in accordance with such amendment. No increase allowed and in force prior to such date shall be included in the computation or recomputation of any such annuity. This paragraph shall not operate to reduce any annuity." Mr. McGEE. Mr. President, the pend- ing legislation relates to civil service retirement. The PRESIDING OFFICER. The Chair would inquire of the Senator from Wyo- ming if he wishes that these amendments be agreed to prior to his presentation. Mr. McGEE. If that is in order, Mr. President. The PRESIDING OFFICER. Without objection, the amendments are agreed to en bloc. The Senator from Wyoming may pro- ceed. Mr. McGEE. Mr. President, this legis- lation is a result of neary 3 years of care- ful study and recommendation by the Committees on Post Office and Civil Service to enact legislation resolving the financial difficulties of the civil service retirement and disability fund and to make certain Improvements in the bene- fits offered employees of the Federal Government through the retirement plan. Each Senator has on his desk a copy of the public hearings which our Sub- committee on Retirement held on this legislation, as well as a copy of the com- mittee report recommending enactment; so I will not dwell at length on the in- tricacies of the bill except to describe briefly the major purposes involved. Title I relates to resolving the long- standing problem of adequately financ- ing the civil service retirement system. Ever since its creation in 1920,.the sys- tem has had a financial liability which was not properly funded. This was caused originally by permitting credit for all. Approved For Release 2005/06/09 : CIA-RDP72-00337R000400020022-9 Approved Fa g~fZOWt I P7iERR 000400020 er? 2, 196'9 civil service performed prior to August 1. 1920, and it has over the years ac- cumulated a total unfunded liability of $57.7 billion. It is "unfunded" because the amount of money collected from the employees and contributed by the Gov- ernment, when invested at interest, will not pay the debt which the Government owes to all employees. Let me point out that none of this liability results from any failure on the part of our civil service employees to pay their share. They have always paid what- ever the law required, originally 2.5 per- cent of their gross salary, and now 6.5 percent of their gross salary. The liability is solely the result of the Government's failure to live up to its part of the bargain. In the early years, no money was contributed by the Gov- ernment to the fund. After 1928 the amount contributed was not sufficient to meet fully the future costs, and it was not until 1957 that Congress by law required agency contributions at a rate equal to the employee's contribution. So all that time, the fund lost earnings on money that would have been invested had it been contributed by the Govern- ment, and we call that the "lost interest on the unfunded liability." In addition, changes in the retirement law, statutory salary increases, inclusions of new groups of employees, and other liberal changes in the law create additional unfunded liability because no contribution is made to pay the cost of crediting past serv- ice. Title I seeks to resolve this problem permanently. In the first place, the lost interest on the unfunded liability as well as the amount of annual annuity pay- ments based on military service will be paid directly from the Treasury into the retirement fund. To soften the impact upon the budget, we will start at 10 per- cent and gradually move up to full pay- ment over a 10-year period. By fiscal year 1980, the Treasury will pay di- rectly to the fund approximately $3 bil- lion each year, and at that time the unfunded liability will cease to grow any larger on account of the loss of interest. Second, title I authorizes the Con- gress to appropriate each year whatever amount of money is necessary to prevent an increase in the unfunded liability re- sulting from statutory changes In the re- tirement law or salary increases which affect the future liability of the fund. These payments would be amortized over a 30-year period at a level rate. At the end of 30 years, the payments would come to an end and because of the pay- nments, the unfunded liability would not have increased. That is title I in a nutshell. Our com- mittee has worked for several years on this problem. The status of the fund has been a serious problem. We must act now to insure the future stability of the re- tirement program so that those who re- tire from the Federal service will never have their annuities jeopardized. The Bureau of the Budget, the Civil Service Commission, the House of Representa- tive's Committee on Post Office and Civil Service. all of the members of the House Appropriations Subcommittee on Inde- pendent Offices, and the Senate Com- mittee on Post Office and Civil Service endorse and support this remedy for the unfunded liability. The requirement that the Treasury pay the annual cost of crediting military service for civil service retirement pur- poses was given our very careful consid- eration. The idea first arose some years ago when the then chairman of the Sen- ate Committee, Senator Olin Johnston, recommended that the Department of Defense he required to reimburse the fund for the military service added to en employee's retirement credit. Our committee considered that proposal and we also considered charging the cost to the Veterans' Administration. But in the last analysis, we determined that the cost for military service should not be borne by any one agency of the Government. It is a benefit to those who have served in the Armed Forces, which is a general responsibility of the Government. Origi- nally, Congress idea was to credit such service for men who had their career In the Federal civil service Interrupted ()it account of war. Congress deemed that they should not lose retirement credit under such circumstances if they re- turned to the Government and retired on a civil service annuity. There are thou- sands of employees in those circum- stances; but there are also thousands of employees whose career was military rather than civilian, and who retire after 30 years in the Army or the Navy, and carne into the civil service. Subsequently, alter 5 years' civilian service, they may be eligible to retire and have their entire military service credited toward civil service retirement if they give up their military retired pay, or if they were re- tired from the military on account of a combat-connected disability. The result is that nonveteran em- ployees pay a portion of their contribu- tion for a retirement benefit which they do not receive and which in many cases will pay a retirement benefit to a retired oltlcer or enlisted man who spent 20 or 25 or 30 years in the Aimed Forces. I am sure my colleagues have heard a number of complaints from constituents concern- ing this particular quirk in the law. With that in mind, our committee recom- mends that the Government generally pay this cost, that it not be charged to the Army or the Navy or the Veterans' Administration or the retirement fund itself. As in the case of the interest on the unfunded liability, the impact of the payment would be softened by amortiz- ing it over a 10-year period, beginning at about $9.5 million and increasing to about $195 million over a 10-year period. Finally. Mr. President, title I increases the amount of contribution by employees and each agency of the Government. Presently, employees, including congres- sional employees, pay 6.5 percent of the gross annual pay into the retirement program, and each agency contributes 6.5 percent of its payroll into the system. Members of Congress pay 7.5 percent of their annual salary, and an equal amount Is contributed by the appropria- tions available for congressional opera- tions. tinder the new rate, each employee will contribute 7 percent of pay, effective in January 1971. each congressional em- ployee will contribute 7.5 percent, and each Member will contribute 8 percent. The total additional contribution into the system will be about $240 million-a year, based on next year's payroll. The total contribution will be 14 percent, and the total cost of the program after the effective date of the amendments in title IT, will be 13.98 percent of payroll. Title II makes certain very basic changes in the Civil Service Retirement Act to improve the system. Five of these were included in the bill which passed the House a couple of weeks ago: First, changing the high 5 to the high 3 for computing civil service annuities; Second. including accumulated sick leave as service for an employee who re- tires with sick leave to his credit; Third, adding 1 percent to the cost-of- living adjustments for annuitants which are made from time to time on the basis of Consumer Price Index. Fourth, permits the widow of a Federal employee who died or retired before the act of July 18, 1966, to remarry and con- tinue to receive her annuity if she is past 60 years of age; and Fifth, permits an employee of the Con- gress to receive the 2.5-percent computa- tion formula for all years of service. He would pay an additional 1 percent for this improved formula. In addition to these changes the Sen- ate bill exempts up to $3,000 of civil service annuity from Federal income tax- ation, and improves the survivor annuity protection for employees or disability- retired employees. Some of these features are well known to all Members. Changing the high 5 to the high 3 is an effort to make more rele- vant the annuity which an employee re- ceives in relation to the salary he was re- ceiving at the time of his retirement. There is not anything magic about the high 5. It has been in the law for 39 years, and it is time to recognize that re- tirement annuities should be as closely related to the standard of living the em- ployee was purchasing and enjoying at the time of his retirement as we can make them. Adding sick leave to an employee's re- tirement credit resolves a very basic problem, because although employees are paid for their accumulated annual leave at the time of retirement, they give up all of their sick leave. One result is that employees tend to call in sick quite fre- quently in the last year or two before they retire. When an employee retires on dis- ability, it is standard practice to use up all of his sick leave before leaving office. So the Government pays at full value for accumulated sick leave in many cases. In other cases, an employee who has en- joyed good health and good conscience gives up 2.000 hours or so of accumulated sick leave for which he receives no credit or compensation. The additional 1-percent adjustment in annuities recognizes that our national productivity continues to increase, and that there is more to maintaining a rea- sonable standard of living after retire- ment than just chasing after the con- sumer price indicators. The change in the retirement compu- tation for the employees of the Congress Approved For Release 2005/06/09 : CIA-RDP72-00337R000400020022-9 October 2, 1##proved For F~e8 %lg 9j.' P~2-0 A W0400020022-9 S 11791 makes their retirement computation The amendments provide that when this huge deficit, now totaling $61,000,- identical to that of Members of Con- an employee dies after completing 18 000,000, and the committee's proposal to gress-2.5 percent for congressional serv- months' service under the Civil Service correct the present intolerable situation ice, and 2.5 percent for up to 5 years of Retirement Act; he has a vested annuity which if allowed to continue will bank- military service. For this they will pay for survivor annuity purposes only. His rupt the Federal retirement fund in 1.8 an extra 1 percent each year. widow is entitled to at least 55 percent years. The exclusion of up to $3,000 of civil of 40 percent of his average salary or 55 The Federal retirement fund was es- service annuities from Federal income percent of his annuity projected to age tablished in 1920 to provide retirement taxation is a goal that retired civil service 60, whichever is less; and his children income for all Federal employees. The employees have sought for many years. would be entitled to the lesser of $900, initial employee contribution of 21/2 per- It is just hard to explain to people back 60 percent of his average salary divided cent was to be matched by Federal Gov- home that civil service annuities are by the number of children, or $2,700 di- ernment contribution of an equal taxed as ordinary income, while social se- vided by the number of children. The amount. The 2'/2 percent employee- curity is tax free, railroad retirement is effect of our amendments are to make agency contribution was increased peri- tax free, and income from investments very substantial improvements in the odically until in 1956 the present 6Up.-per - on municipal bonds is tax free. That survivor annuity protection offered an cent contribution rate became effective. does not create a very good impression employee who has at least 18 months' During the entire history of the Federal upon a retired civil service employee who service, but not more than 22 years of retirement system, all Federal employee is trying to get by on $2,000 or $3,000 a service. This is where the retirement pro- contributions have been paid in full and year and is paying taxes on it. This is an gram for civil service employees is now have approximated one-half the normal amendment to the Civil Service Retire- gravely deficient and that is where we cost. rnent Act and is very similar, except for have aimed our corrections. In contrast to the specific requirements the dollar amount, to the bill, S. 2087, The cost of the bill as reported from for employee contributions, the act, prior which I introduced on May 8, 1969, and the committee is about $205 million in to 1958, stated in effect that the Fed- which was referred to the Committee on direct transfer from the Treasury to the eral Government's share would be fi- Post Office and Civil Service. civil service retirement fund in the corn- nanced by the submission of appropria- This exclusion of up to $3,000 would ing fiscal year, that is fiscal year 1971. tion estimates to Congress necessary to be in lieu of the retirement credit now The normal cost of the system is in- finance the system and to continue the provided by the Internal Revenue Code. creased by about one-fifth of 1 percent act in full force and effect. As a result, Under that law, any pension or annuity of Federal payroll. One percent of Fed- a number of different methods were em- payment which is not taxed must be eral payroll was about $22 billion as of ployed over the 48 years the plan has subtracted from the retirement credit. June 30, so the extra cost which, of been in existence to take care of the The effect of our amendment, therefore, course, will be fully paid for under the Government's contributions. would be to replace the retirement credit financing portion of the bill is $44 mil- During the first 8 years of the plan, for civil service annuitants only, thus lion a year. That is $2 million a year less no agency appropriations were enacted giving them a tax benefit equal to the than the provision of the bill passed by and benefit disbursements were financed difference between the $3,000 exclusion the House of Representatives. The dif- entirely by employee contributions. From and the tax credit they now receive, ference relates primarily to changing the 1929 to the end of World War II, al- which is now a maximum of $228. The method of financing military service though Government contributions were impact on revenue would not be substan- credit. generally recommended by the President tial because retired employees past 65 The unfunded liability of the system in amounts sufficient to cover normal who are married to a spouse past 65 would be increased by $1.4 billion as a costs and to amortize the unfunded lia- have very little taxable income anyway. result of the liberalizations in title II, bility then existing, the amounts actu- Finally, the bill revises very substan- but the overall liability of the fund ally appropriated varied. Congress en- tially the survivor annuity benefits for a would be reduced because of the direct acted lower appropriations than those widow of a Federal employee who dies or Treasury funding for military service recommended by the President on five who has retired on account of physical credit. The net result would he a decrease occasions, higher amounts twice, and on disability and thereafter dies. in the liability of the fund of about $3.3 one occasion approved the full amount Under existing law, the widow and billion. requested by the President in his budget. children of an employee who has less Mr. FONG. Mr. President, will the In 1958, the present funding proce- than 5 years' service receives no benefit Senator yield? dures were enacted. Under it, each Fed- at all if her husband dies. If an employee Mr. McGEE. I yield. eral agency contributes to the fund from has 5 years of service, his widow is en- Mr. FONG. Mr. President, I congratu- its appropriations for payment of sal- titled to a percentage of his earned an- late the distinguished Senator from Wyo- aries, amounts equal to deductions from nuity; and since civil service retirement ming for his leadership in bringing to the salaries of its employees for retire- is a system based on long service and the Senate this very constructive bill. ment at the rate of 61/2 percent. This average salary, the earned annuity of a This bill really stabilizes, for the first achieved the objective of assuring annual young employee is very small, After 10 time, the retirement, system and assures income approximating normal cost. years, his earned annuity is just 161/4 that our civil service employees will be percent of his average salary. After 20 paid in the future. It also adds a few meet fully the these Gbecause vern Government's portion of years, it is just 361/4 percent of his aver- changes to the law that are very de- he mentt''s portn of age salary; and when you give the widow sirable. retirement reduce tirement the costs unfunded i is did nothing 55 percent of that, she will not get rich. Mr. President, the Civil Service Re- by d liability caused The examples cited on pages 6 and 7 of tirement Amendments of 1969, contained by insufficient appropriations in previ- The committee report indicate how dras- in S. 2754 and presently under debate, ous years. tic the financial impact of the death of contains critical and very necessary A review of the system shows that the a short-term employee is upon his wife changes in the U.S. civil service retire- major causes for the present unfunded and children. ment system and fund. The bill was liability of approximately $61 billion reported out unanimously by the Sen- have been; First, creditable service for For some time our committee has at- which neither the employee nor the em- tempted to work out legislation accept- ate Committee on Post Office and Civil able to all to provide for a transfer of Service. player contributed, such as military serv- credit between civil service retirement I strongly urge my Senate colleagues to ice creditable for civilian retirement; second, social security. Nothing acceptable approve the proposed legislation, suit in general benefits efts based wage increases higher pat re- tern least has been developed. We shall continue For 22 year's the U.S. Civil Service of in than that t upon on apon hi which hich at le of salaries l ast that effort, butin the meantime, we must Commission has urged Congress to ap- a portion of contributions is based; third, resolve the problem for the survivors prove legislation eliminating or stabil- liberalizations applying to benefits based now. Our bill does this, and I think it is izing. the Federal retirement fund's un- on past and/or future service without a a most significant improvement in the funded liability. The Senate report on commensurate increase in contributions; retirement program.. S. 2754 explains in detail the reasons for and fourth, loss of compounded interest Approved For Release 2005/06/09 : CIA-RDP72-00337R000400020022-9 i l + Approved F~orft!~SIUL6/RECQ"- RPS77R00040002~-per? 1969 me which would have been earned If this interest. However, for the first year an overaii amount 01 $3,000 and not .-C accrued liability had been fully the Secretary of the Treasury would $3,000 per year, anded, transfer to the retirement fund a sum Mr. McGEE. No; this would be from sccause employee contributions dur- equivalent to 10 percent of the interest income in a given year. ,:.rt the 1930's and 1940's exceeded bene- on the then-existing unfunded liability ; Mr. HOLLAND. Does the Senator :t payments, the potential impact of an and thereafter an additional 10 percent mean $3,000 in every year would bo an unded liability was obscured. How- for each successive fiscal year until 1980. exempted? ,'ver, with stabilized employment. [Wade- After 1980, the amount transferred an- Mr. McGEE. Would be exempted from ttuate employer contributions and in- nuaally will be the equivalent of the full the income tax; yes. creased benefit payments, the annual interest thereon. Mr. HOLLAND. The bill is not clear trust lurid revenues within the foresee- This formula, though not reducing the on that. It does not say that this exemp- itble future would be unable to meet unfunded liability, will provide the in- tion takes effect every year. It appears 'benefit payments. trre,t to make the fund operationally from the way the bill reads-at least to Under the present funding practices soisent. This :s the tlirue?t of title I of this Senator-that it is an overall, one- the assets of the fund which presently tilt- bill, time exemption. total $20,500,000,000 will increase to $-3 Snotrid iuture incremental unfunded Mr. McGEE. I am having the stall billion in 1975 while the def;ciency will liabilities result from benefit liberaliza- check the language in the bill, and then simultaneously approach $80 billion. In ti(-tis, general salary increases. extension I will respond to the Senator. 1975 the disbursements will begin to ex- o; coverage to new groups of employees. Mr. HOLLAND. My second question creed the annual income o[ $3.8 billion. or newly authorized annuity increases, on the same point, which I think the Thereafter, disbursements will continue tnsg. would be fully financed by the Fed- Senator can answer while that is being to escalate over a relatively static income erai Government through direct appro- checked, is this: Does this provision af- and will result in a declining fund bal- prrations to the fund, in equal annual fect the provision of the present law ante. At that time, in order to meet bent:- in,taliments, over 30-year periods. The under which there is exempt from in- !it payments, all disbursements in ex- kJo ernment would assume full responsi- come tax the full amount that any Mem- cess of current income will have to come briity for additional deficiencies thus ber of Congress has paid in up to the from the fund balance. Without addi- created. and. by amortization, preclude time that that amount is fully paid? tional funding, that balance will be de- f:rrtiier itrcre