OPM DRAFT BILL TO AMEND SECTION 8312 OF TITLE 5 UNITED STATES CODE TO PROVIDE THAT AN INDIVIDUAL MAY NOT BE PAID AN ANNUITY UNDER THE CIVIL SERVICE RETIREMENT SYSTEM OR OTHER RETIREMENT SYSTEM OF THE GOVERNMENT OF THE UNITED STATES FOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000400570023-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 21, 2016
• Document Release Date: August 15, 2008
• Sequence Number: 23
• Publication Date: June 13, 1983
• Content Type: MEMO

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STAT
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y ' %FCUTIVE OFFICE OF THE PIFIDENT
OFFICE OF MANAGEMENT AND BUDGET
`~-.~~
.~~ WASHINGTON. D.C. 20503
June 13, 1983
LEGISLATIVE REFERRAL MEMORANDUM
Legislative Liaison Officer
Department of Justice
Department of State
Department of Defense
Central Intelligence Agency
$3-ohs 90
SUBJECT: OPM draft bill, "To amend section 8312 of title 5,
United States Code, to provide that an individual
may not be paid an annuity under the civil service
retirement system or other retirement system of the
Government of the United States for service as a
Federal employee if convicted of any felony which
occurred in connection with his employment as a
Federal employee and is punishable by imprisonment
for two or more years, and for other purposes."
The Office of Management and Budget requests the views of
your agency on the above subject before advising on its
relationship to the program of the President, in accordance
with OMB Circular A-19. ,
A response to this request for your views is needed
no later than July 8, 1983.
Questions should be referred to Frank White
( 395-6156 ) or to Hilda Schreiber ( 395-4650),
the legislative analyst in this office.
ffrey A.-Weinberg for
Assistant Director for
Legislative Reference
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a
United States
Office of
Personnel Management Washington, D.C. 20415
The Honorable George Bush
President
United States Senate
Washington, D.C. 20510
The Office of Personnel Management submits herewith a
legislative proposal "To amend section 8312 of title 5, United
States Code,. to provide that an individual may not be paid an
annuity under the civil service retirement system or other
retirement system of the Government of the United States for
service as a Federal employee if convicted of any felony which
occurred in connection with his employment as a Federal
employee and is punishable by imprisonment for two or more
years, and for other purposes."
As the title of the bill indicates, its purpose is to
preclude the payment of an annuity of the Government of the
United States to an individual (or his survivor or
beneficiary) if the individual has been convicted of a job-
connected felony under State or Federal law which is
punishable by at least two years imprisonment. The bill
amends section 8312 of title 5, United States Code which
presently-denies Government annuities to individuals convicted
of national security related offenses.
In addition the bill amends section 8318 of title 5,
which presently provides for restoration of annuity or retired
pay withheld under section 8312 after Presidential pardon.
The amendment would provide for restoration on the basis of a
pardon by the Governor in the case of a conviction of a felony
under State law.
We believe that the withholding of a Government annuity
is fully justified where the Federal employee breaks faith
with the American people by using his office to engage in
felonious conduct. By limiting the application of this
legislation to felonies which are punishable by imprisonment
for at least'two years, we eliminate the less serious offenses
where denial of an annuity might not be justified.
114-24-3
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y 1960
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The Office of Management and Budget has advised that,
from the standpoint of the Administration's program, there is
no objection to the submission of this proposal to the
Congress. A similar letter is being sent to the Speaker of
the House of Representatives.
Sincerely,
Donald J. Devine
Director
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4P 49
A BILL
To amend section 8312 of title 5, United States Code, to
provide that an individual may not be paid an annuity under
the civil service retirement system or other retirement
system of the Government of the United States for service as a
Federal employee if convicted of any felony which occurred in
connection with his employment as a Federal employee and is
punishable by imprisonment for two or more years, and for
other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
(a) section 8312 of title 5, United States Code, relating to
denial of annuities for conviction of certain offenses, is
amended by adding at the end thereof the following:
"(d) An individual, or his survivor or beneficiary, may
not be paid an annuity on the basis of service as an employee
if the individual is convicted of any felony under State or
Federal law which -
"(1) occurred in connection with the individual's
employment by the United States;
"(2) is punishable by imprisonment for two or more
years; and
"(3). was committed on or after the date of the
enactment of this subsection.".
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(b) Section 8318 of title 5, United States Code, relating
to restoration of annuity or retired pay, is amended by
inserting after "is pardoned by the President" the following:
"(or by the Governor of a State, in the case of a felony under.
the law of that State as described in section 8312(d) of this
title)".
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0 IV
Section Analysis of Bill "To amend
section 8312 of title 5, United States
Code, to provide that an individual may
not be paid an annuity under the civil
service retirement system or other
retirement system of the Government of
the United States for service as a
Federal employee if convicted of any
felony which occurred in connection with
his employment as a Federal employee and
is punishable by imprisonment for two or
more years, and for other purposes."
Subsection (a) of the bill amends sections 8312 of
title 5, United States Code, which provides for denial of
United States Government annuities for conviction of certain
national security-related offenses, to add a subsection (d).
The new subsection would prohibit the payment of an annuity to
an individual or his survivor or beneficiary on the basis of
his service as an employee if the individual is convicted of a
job-related felony under State or Federal law which is
punishable by imprisonment for two or more years. Existing
section 8311 of title 5 defines for purposes of the
subchapter, including section 8312, "employee" to include
Federal employees and Members of Congress and "annuity" as a
retirement benefit payable by an agency of the Government of
the United States on the basis of service as a civilian
employee and other creditable service. Existing section 8316,
which provides for refund of contributions and deposits when
annuity or retired pay is denied, would apply in cases covered
by this proposed legislation.
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