H.R. 1804 (111th): Federal Retirement Reform Act of 2009

Introduced:
Mar 31, 2009 (111th Congress, 2009–2010)
Sponsor:
Rep. Edolphus “Ed” Towns [D-NY10]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


4/1/2009--Passed House without amendment. (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Federal Retirement Reform Act of 2009 -
Title I - Provisions Relating to Federal Employees Retirement
Subtitle A - Thrift Savings Plan Enhancement
Thrift Savings Plan Enhancement Act of 2009 -
Section 102 -
Requires the Federal Retirement Thrift Investment Board to provide for: (1) automatic enrollment in the Thrift Savings Plan (TSP) at a specified default percentage (between 2% and 5%) of basic pay of anyone appointed, transferred, or reappointed to a position in which that individual is eligible to contribute to TSP; (2) the inclusion in TSP of a qualified Roth contribution program; and (3) the addition of a self-directed investment window under TSP, if it would be in the best interests of participants, limited to low-cost, passively-managed index funds that offer diversification. Authorizes the Secretary concerned, for members of the Armed Forces, to: (1) provide for delayed automatic enrollment; or (2) preclude or suspend the application of automatic enrollment.
Section 105 -
Directs the Board, by June 30 of each year, to submit to Congress an annual report on TSP operations and make a copy available to the public through an Internet website. Requires the Board to include in periodic statements provided to participants the amount of fees or expenses paid with respect to each TSP investment fund and option.
Section 106 -
Requires acknowledgement of risk by investors in investment funds or options, other than the Government Securities Investment Fund.
Subtitle B - Other Retirement-Related Provisions
Section 111 -
Requires the total service of an employee who retires eligible for an annuity under the Federal Employees' Retirement System (FERS) or who dies leaving a survivor entitled to benefits to include the employee's days of unused sick leave for annuity computation purposes (as is currently the case for employees covered by the Civil Service Retirement System [CSRS]).
Section 112 -
Exempts: (1) repayments of CSRS refunds made between October 1, 1990, and February 28, 1991, from the requirement that they include interest in order to receive retirement credit for the service covered; and (2) a federal employee's part-time service performed before April 7, 1986, from proration requirements for purposes of annuity computation under CSRS.
Section 114 -
Directs the Secretary of Defense to report to Congress on the cost, and the effect on recruitment and retention, of providing a matching payment for TSP contributions by members of the Armed Forces.
Section 115 -
Authorizes the repayment of refunds of retirement deductions under FERS in order to receive retirement credit for the service covered.
Section 116 -
Entitles any individual who is treated as a federal employee under CSRS or FERS to have certain qualifying District of Columbia service included in calculating that individual's creditable federal service for specified purposes, including annuity eligibility.
Title II - Special Survivor Indemnity Allowance for Surviving Spouses of Armed Forces Members
Section 201 -
Increases the monthly indemnity allowance for surviving spouses of deceased members of the Armed Forces affected by the required survivor benefit plan annuity offset for dependency and indemnity compensation.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/111/1/hr1804.

Summary

The bill would make several changes to the federal Thrift Savings Plan (TSP), as well as federal defined-benefit pensions, as follows: 

 

TSP Provisions:  The bill would auto-enroll new federal employees in the TSP, with a withdrawal rate of between 2-5% established by the TSP Board.  The bill grants the Defense Department the authority to suspend or preclude auto-enrollment for enlisted military personnel.  Although new federal employees would be automatically enrolled in the program, they could opt-out of salary withholding.

 

The bill would permit federal employees to make after-tax contributions (similar to a Roth IRA) in the TSP, grant the TSP Board the authority to establish a self-directed investment window, and make other changes regarding TSP investment options.

 

Federal Pension Provisions:  H.R. 1804 would expand federal pension obligations, by changing the pension formula calculations to include unpaid sick leave accrued at the time of workers' retirement-which according to the Congressional Budget Office would lengthen workers' time of service by an average of three months.  However, federal employees currently receive a defined benefit pension plan available to only 18% of private-sector workers-and further receive annual cost-of-living adjustments available to less than 2% of the private-sector population (only 7% of the 18% of workers with defined-benefit pensions).  Moreover, according to the Office of Personnel Management, average federal wages totaled $66,711 in 2007, more than 60% higher than the average salary level for all American workers of $41,328.

 

At a time when many Americans' 401(k) values have declined-and President Obama himself has imposed a salary freeze on key White House staff-some Members may be concerned about the implications of expanding government entitlements to increase pension benefits for government bureaucrats that many experts would already consider overly generous.

 

The bill also includes other provisions relating to federal defined-benefit pensions, including provisions allowing certain employees re-entering government service to "buy back" their service time with respect to their pension contributions, and adjusting pension calculations for certain federal employees with prior service for the District of Columbia government.

 

Veterans Provisions:  H.R. 1804 increases indemnity allowances for widows and widowers of service personnel affected by the Survivor Benefit Plan offset.  Under current law, payments under the Survivor Benefit Plan are reduced dollar-for-dollar to reflect payments under the Dependency and Indemnity Compensation plan.  H.R. 1804 would increase the allowance to offset the reduction in payments to widows and widowers of service members.

Cost

A final score on the bill was not available at press time. The bill permits federal workers to contribute after-tax savings (similar to a Roth IRA) into the Thrift Savings Plan (TSP). Because some federal workers would voluntarily choose to pay taxes on their TSP contributions immediately, CBO has previously estimated this provision would generate nearly $2.3 billion in revenue over ten years.

The bill would also provide retirees with credit for unused sick leave for purposes of calculating a retirement annuity benefit, increasing direct spending by nearly $600 million. The bill's other provisions relating to federal pensions would cost an additional $100 million. The final cost of the veterans provisions was not available at press time.

As drafted, the bill would generate $2.3 billion in revenue, and increase direct spending by at least $700 million. However, as noted above, the majority intends to use the bill's unobligated savings to pay for the expected revenue shortfalls associated with H.R. 1256's creation of a new regulatory regime for tobacco products.

Lastly, the bill requires automatic enrollment of new federal workers in the TSP, increasing discretionary spending subject to appropriations for new agency matching contributions by an estimated $900 million over ten years.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 5 U.S.C. Chapter 84