Retirement: Members of Congress and Congressional Employees, 31467-31469 [2023-09972]
Download as PDF
<![CDATA[
31467
Rules and Regulations
Federal Register
Vol. 88, No. 95
Wednesday, May 17, 2023
than to most other federal employees.
Prior to the enactment of the 2012 Act,
all Members or congressional employees
became eligible for retirement annuities
at an earlier age and with fewer years of
service than most other federal
employees. However, all Members or
The Code of Federal Regulations is sold by
congressional employees paid a higher
the Superintendent of Documents.
percentage of employee deductions for
their retirement benefits than most other
OFFICE OF PERSONNEL
federal employees. The 2012 Act made
MANAGEMENT
two significant changes to the
retirement benefits of congressional
5 CFR Parts 841 and 842
employees and Members who are first
covered by FERS after December 31,
RIN 3206–AO42
2012. First, the 2012 Act decreased the
Retirement: Members of Congress and FERS benefit accrual rates used in the
Congressional Employees
FERS annuity calculation for
congressional employees or Members
AGENCY: Office of Personnel
first covered by FERS (or reelected with
Management.
less than five years of FERS service)
ACTION: Final rule.
after December 31, 2012, to be the same
as regular FERS employees. Therefore,
SUMMARY: The U.S. Office of Personnel
the higher accrual rate applicable to
Management (OPM) is finalizing
Members or congressional employees is
amendments to reflect the provisions
no longer available to those first covered
enacted under the Middle Class Tax
by FERS after December 31, 2012.
Relief and Job Creation Act of 2012
Second, the 2012 Act increased the
(‘‘2012 Act’’) and the Bipartisan Budget
FERS employee contributions by 1.8
Act of 2013 (‘‘2013 Act’’). These Acts
percentage points for Members first
decreased the benefit accrual rate used
covered by FERS (or reelected with less
in the annuity computation and
than five years of FERS-covered service)
increased employee deductions.
after December 31, 2012. Therefore,
DATES: This final rule is effective on
Members newly covered by FERS
May 17, 2023.
beginning January 1, 2013, are required
FOR FURTHER INFORMATION CONTACT: Jane to contribute 3.1% of their basic pay to
Bancroft, (202) 606–0299. Email:
the Civil Service Retirement and
Retirement.Policy@opm.gov, with Public Disability Fund. Enactment of the 2013
Law 112–96 and Attn: Jane Bancroft in
Act, further increased the FERS
the subject line.
employee deductions by an additional
1.3 percentage points for all FERSSUPPLEMENTARY INFORMATION:
covered employees, including Members
Background
and congressional employees, first
covered by FERS after December 31,
On November 16, 2022, OPM issued
2013 (or rehired/reelected with less than
a proposed rule at 87 FR 68642 to
implement the provisions of Public Law five years of FERS-covered service).
110–279,122 Stat. 2604 (2008) (codified Subsequently, under the 2013 Act,
at 2 U.S.C. 2051), as amended by Public Members and other federal employees
first covered by FERS beginning in 2014
Law 116–21, (2019). The 60-day public
are required to contribute 4.4% of basic
comment period ended on January 17,
pay to FERS.
2023. OPM received one comment—
Beginning January 1, 2013, there is no
which was not responsive to the subject
longer a larger employee contribution
matter discussed in the rule. Therefore,
under FERS required for Members and
this rule is being finalized with no
congressional employees in comparison
changes for the November 16th
with regular FERS employees; all of
proposed rule.
these groups contribute 3.1% of basic
Because of the uncertain tenure of
pay toward their FERS annuity if first
congressional service, the FERS was
originally designed, as the Civil Service covered after December 31, 2012, or
Retirement System had been, to provide 4.4% of basic pay if first covered by
FERS after December 31, 2013. Members
a larger benefit for each year of service
to Members or congressional employees first elected after December 31, 2012,
ddrumheller on DSK120RN23PROD with RULES1
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
VerDate Sep<11>2014
16:18 May 16, 2023
Jkt 259001
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
however, remain eligible for retirement
annuities under FERS at earlier ages and
with fewer years of service than regular
federal employees.
Regulatory Impact Analysis
Executive Order 12866 and Executive
Order 13563 direct-s agencies to assess
all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public, health, and
safety effects, distributive impacts, and
equity). This rule is not a ‘‘significant
regulatory action,’’ under Executive
Order 12866 and was not reviewed by
the Office of Management and Budget.
Regulatory Flexibility Act
The Office of Personnel Management
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities.
Federalism
We have examined this rule in
accordance with Executive Order 13132,
Federalism, and have determined that
this rule will not have any negative
impact on the rights, roles and
responsibilities of State, local, or tribal
governments.
Civil Justice Reform
This regulation meets the applicable
standard set forth in Executive Order
12988.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Congressional Review Act
The Congressional Review Act (5
U.S.C. 801 et seq.) requires rules (as
defined in 5 U.S.C. 804) to be submitted
to Congress before taking effect. OPM
will submit to Congress and the
Comptroller General of the United
States a report regarding the issuance of
this action before its effective date, as
required by 5 U.S.C. 801. This is not a
E:\FR\FM\17MYR1.SGM
17MYR1
31468
Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Rules and Regulations
‘‘major rule’’ as defined by the
Congressional Review Act (5 U.S.C.
804(2)).
Paperwork Reduction Act
This rule does not impose any
reporting or record-keeping
requirements subject to the Paperwork
Reduction Act.
List of Subjects
5 CFR Part 841
Administrative practice and
procedure, Air traffic controllers, Claims
Disability benefits, Firefighters,
Government employees, Income taxes,
Intergovernmental relations, Law
enforcement officers, Pensions,
Retirement.
5 CFR Part 842
Air traffic controllers, Alimony,
Firefighters, Law enforcement officers,
Pensions, Retirement.
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
For the reasons stated in the
preamble, the Office of Personnel
Management amends 5 CFR parts 841—
842 to read as follows:
PART 841—FEDERAL EMPLOYEES
RETIREMENT SYSTEM—GENERAL
ADMINISTRATION
§ 841.503 Amounts of employee
deductions.
1. Revise the authority citation for part
841 to read as follows:
■
Authority: 5 U.S.C. 8461; Sec. 841.108
also issued under 5 U.S.C. 552a; Secs.
841.110 and 841.111 also issued under 5
U.S.C. 8470(a); subpart D also issued under
5 U.S.C. 8423; Sec. 841.504 also issued under
5 U.S.C. 8422; Sec. 841.507 also issued under
section 505 of Pub. L. 99–335; subpart J also
issued under 5 U.S.C. 8469; Sec. 841.506 also
issued under 5 U.S.C. 7701(b)(2); Sec.
841.508 also issued under section 505 of Pub.
L. 99–335; Sec. 841.604 also issued under
Title II, Pub. L. 106–265, 114 Stat. 780; Sec.
5001 of Pub. L. 112–96 at 126 Stat. 199.
2. Amend § 841.103 by adding, in
alphabetical order, the definitions of
‘‘FERS FRAE’’ and ‘‘FERS RAE’’ to read
as follows:
■
ddrumheller on DSK120RN23PROD with RULES1
§ 841.103
Definitions.
FERS FRAE, or a Further Revised
Annuity Employee as identified under 5
U.S.C. 8422, is an employee or Member
covered under FERS hired on or after
January 1, 2014, unless the employee or
Member—
(1) Was covered under FERS on
December 31, 2012; or
(2) Performed civilian service
creditable or potentially creditable
under FERS on December 31, 2012;
VerDate Sep<11>2014
16:18 May 16, 2023
Jkt 259001
(3) Or, if not covered under FERS on
December 31, 2012, performed at least 5
years of civilian service creditable or
potentially creditable under FERS prior
to December 31, 2012; or
(4) Was covered under FERS RAE on
December 31, 2013; or
(5) Was performing civilian service
creditable or potentially creditable
under FERS RAE on December 31, 2013;
or
(6) If not covered under FERS RAE on
December 31, 2013, performed at least 5
years of civilian service creditable or
potentially creditable under FERS prior
to December 31, 2013.
FERS RAE, or a Revised Annuity
Employee as identified under 5 U.S.C.
8422, is an employee or Member
covered under FERS hired on or after
January 1, 2013, and before January 1,
2014, unless the employee or Member—
(1) Was covered under FERS on
December 31, 2012; or
(2) Performed civilian service
creditable or potentially creditable
under FERS on December 31, 2012; or
(3) If not covered under FERS on
December 31, 2012, performed at least 5
years of civilian service creditable or
potentially creditable under FERS prior
to December 31, 2012.
■ 3. Revise § 841.503 to read as follows:
(a) Except as provided in paragraph
(b) of this section, the rate of employee
deductions from basic pay for FERS
coverage is seven percent of basic pay
minus the percent of tax which is (or
would be) in effect for the payment, for
the employee cost of social security.
(b) The rate of employee deductions
from basic pay for FERS coverage for a
Member, law enforcement officer,
firefighter, nuclear materials courier,
customs and border protection officer,
air traffic controller, member of the
Supreme Court Police, Congressional
employee, or employee under section
302 of the Central Intelligence Agency
Act of 1964 for Certain Employees (who
are not FERS RAE or FERS FRAE
employees or Members, as defined
under § 841.103 of this part), is seven
and one-half percent of basic pay, minus
the percent of tax which is (or would be)
in effect for the payment, for the
employee cost of social security.
(c) After December 31, 2012, the rate
of employee deductions from basic pay
for—
(1) A FERS RAE employee, Member,
or Congressional employee is nine and
three-tenths percent of basic pay, minus
the percent of tax which is (or would be)
in effect for the payment, for the
employee cost of social security.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
(2) A FERS RAE law enforcement
officer, firefighter, nuclear materials
courier, customs and border protection
officer, air traffic controller, member of
the Supreme Court Police, or employee
under section 302 of the Central
Intelligence Agency Act of 1964 for
Certain Employees is nine and eighttenths percent of basic pay, minus the
percent of tax which is (or would be) in
effect for the payment, for the employee
cost of social security.
(d) After December 31, 2013, the rate
of employee deductions from basic pay
for—
(1) FERS FRAE employee, Member, or
Congressional employee is ten and sixtenths percent basic pay, minus the
percent of tax which is (or would be) in
effect for the payment, for the employee
cost of social security.
(2) A FERS FRAE law enforcement
officer, firefighter, nuclear materials
courier, customs and border protection
officer, air traffic controller, member of
the Supreme Court Police, or employee
under section 302 of the Central
Intelligence Agency Act of 1964 for
Certain Employees is eleven and onetenth percent of basic pay, minus the
percent of tax which is (or would be) in
effect for the payment, for the employee
cost of social security.
(e) Employee deductions will be at the
rate in paragraphs (a) through (d) of this
section as if social security deductions
were being made even if social security
deductions have ceased because of the
amount of earnings during the year, or
are not made for any other reason.
PART 842—FEDERAL EMPLOYEES
RETIREMENT SYSTEM—BASIC
ANNUITY
4. Revise the authority citation for part
842 to read as follows:
■
Authority: 5 U.S.C. 8461(g); Secs. 842.104
and 842.106 also issued under 5 U.S.C.
8461(n); Sec. 842.104 also issued under Secs.
3 and 7(c) of Pub. L. 105–274, 112 Stat. 2419;
Sec. 842.105 also issued under 5 U.S.C.
8402(c)(1) and 7701(b)(2); Sec. 842.106 also
issued under Sec. 102(e) of Pub. L. 104–8,
109 Stat. 102, as amended by Sec. 153 of Pub.
L. 104–134, 110 Stat. 1321–102; Sec. 842.107
also issued under Secs. 11202(f), 11232(e),
and 11246(b) of Pub. L. 105–33, 111 Stat.
251, and Sec. 7(b) of Pub. L. 105–274, 112
Stat. 2419; Sec. 842.108 also issued under
Sec. 7(e) of Pub. L. 105–274, 112 Stat. 2419;
Sec. 842.109 also issued under Sec. 1622(b)
of Pub. L. 104–106, 110 Stat. 515; Sec.
842.110 also issued under Sec. 111 of Pub.
L. 99–500, 100 Stat. 1783, and Sec. 111 of
Pub. L. 99–591, 100 Stat. 3341–348, and also
Sec. 1 of Pub. L. 110–279, 122 Stat. 2602, as
amended by Sec. 1(a) of Pub. L. 116–21, 133
Stat. 903; Sec. 842.208 also issued under Sec.
535(d) of Title V of Division E of Pub. L. 110–
161, 121 Stat. 2042; Sec. 842.213 also issued
E:\FR\FM\17MYR1.SGM
17MYR1
Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Rules and Regulations
under 5 U.S.C. 8414(b)(1)(B) and Sec.
1313(b)(5) of Pub. L. 107–296, 116 Stat. 2135;
Secs. 842.304 and 842.305 also issued under
Sec. 321(f) of Pub. L. 107–228, 116 Stat. 1383;
Secs. 842.604 and 842.611 also issued under
5 U.S.C. 8417; Sec. 842.607 also issued under
5 U.S.C. 8416 and 8417; Sec. 842.614 also
issued under 5 U.S.C. 8419; Sec. 842.615 also
issued under 5 U.S.C. 8418; Sec. 842.703 also
issued under Sec. 7001(a)(4) of Pub. L. 101–
508, 104 Stat. 1388; Sec. 842.707 also issued
under Sec. 6001 of Pub. L. 100–203, 101 Stat.
1300; Sec. 842.708 also issued under Sec.
4005 of Pub. L. 101–239, 103 Stat. 2106, and
Sec. 7001 of Pub. L. 101–508, 104 Stat. 1388;
Subpart H also issued under 5 U.S.C. 1104;
Sec. 842.810 also issued under Sec. 636 of
Appendix C to Pub. L. 106–554 at 114 Stat.
2763A–164; Sec. 842.811 also issued under
Sec. 226(c)(2) of Pub. Law 108–176, 117 Stat.
2529; Subpart J also issued under Sec. 535(d)
of Title V of Division E of Pub. L. 110–161,
121 Stat. 2042; Pub. L. 115–352, 132 Stat.
5067 (5 U.S.C. 101); Sec. 5001 of Pub. L. 112–
96 at 126 Stat. 199; 5 U.S.C. 8401; 5 U.S.C.
8415.
5. Revise § 842.406 to read as follows:
ddrumheller on DSK120RN23PROD with RULES1
§ 842.406 Members of Congress and
Congressional Employees.
(a) The annuity of a congressional
employee or Member who is first
covered by FERS on or before December
31, 2012, and who has had at least 5
years of service as a congressional
employee, Member, or any combination
thereof totaling 5 years is—
(1) One and seven-tenths percent of
average pay multiplied by the total
number of years of service as a Member
and/or congressional employee not
exceeding 20 years; plus
(2) One percent of average pay
multiplied by the years of service other
than that of a Member and/or
congressional employee.
(b) Except as provided in paragraph
(c) of this section, the annuity of a
congressional employee or Member who
is first covered by FERS after December
31, 2012, or Member re-elected with less
than 5 years of FERS service after
December 31, 2012, and who has had at
least 5 years of service as a
congressional employee, Member, or
any combination thereof totaling 5 years
is 1 percent of average pay multiplied
by total service.
(c) The annuity of a congressional
employee or Member is 1.1 percent of
average pay multiplied by total service,
provided the congressional employee or
Member—
(1) Has completed 20 years of service;
and
VerDate Sep<11>2014
16:18 May 16, 2023
[FR Doc. 2023–09972 Filed 5–16–23; 8:45 am]
BILLING CODE 6325–38–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1048; Project
Identifier AD–2023–00620–A,T; Amendment
39–22440; AD 2023–10–04]
RIN 2120–AA64
Airworthiness Directives; Boeing
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Boeing Model B–17E, B–17F, and B–
17G airplanes. This AD was prompted
by a report indicating that the left front
spar lower fitting had completely
separated at the wing-to-fuselage joint,
and the equivalent joint on the right
side of the airplane was cracked. This
AD requires inspections of the wing
terminal-to-spar chord joints, and repair
if necessary. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective June 1, 2023.
The FAA must receive comments on
this AD by July 3, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov by searching
for and locating Docket No. FAA–2023–
1048; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The street address for
Docket Operations is listed above.
SUMMARY:
Subpart D—Computations
■
(2) Is at least age 62 at the time of
separation on which entitlement to an
annuity is based.
Jkt 259001
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
31469
For
more information about this AD, contact
Eric Schrieber, Aerospace Engineer,
Airframe Section, FAA, Airframe
Section, West Certification Branch, 3960
Paramount Boulevard, Lakewood, CA
90712–4137; phone 562–627–5348;
email Eric.Schrieber@faa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
During walk-around checks
performed in 2021 prior to takeoff of a
Model B–17 airplane, it was discovered
that the left wing had shifted away from
the fuselage by about 2 inches. Further
investigation was conducted when both
wings were removed in 2023 and found
complete separation of the left front spar
lower fitting at the wing-to-fuselage
joint as well as additional cracking on
the equivalent joint on the right side of
the airplane. This condition, if not
addressed, could result in fatigue
cracking of the wing terminal-to-spar
chord joints, which could result in loss
of control of the airplane and reduced
structural integrity of the airplane. The
FAA is issuing this AD to address the
unsafe condition on these products.
AD 2001–22–06, Amendment 39–
12485 (66 FR 54111, October 26, 2001),
requires an inspection of the holes in
the spar chord at the same location
where the cracks were recently
discovered in the steel fitting. However,
that inspection has not been effective in
reliably detecting cracks in the steel
fitting inside the spar chord tube. For
this reason, the FAA has determined
that a new inspection procedure is
required.
Some of these airplanes are operated
under experimental airworthiness
certificates. The FAA has intentionally
included these airplanes in the
applicability of this AD because of the
risks associated with passenger-carrying
operations frequently conducted by
these airplanes.
FAA’s Determination
The FAA is issuing this AD because
the agency has determined the unsafe
condition described previously is likely
to exist or develop in other products of
the same type design.
AD Requirements
This AD requires inspections of the
wing terminal-to-spar chord joints to
detect cracking and corrosion, using one
of two options:
• a magnetic particle inspection of
the terminal fittings and an eddy current
inspection of the spar chord, or
• an eddy current bolt hole
inspection on the steel terminal fittings
and the aluminum spar chord.
E:\FR\FM\17MYR1.SGM
17MYR1
]]>Agencies
[Federal Register Volume 88, Number 95 (Wednesday, May 17, 2023)]
[Rules and Regulations]
[Pages 31467-31469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09972]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 95 / Wednesday, May 17, 2023 / Rules
and Regulations
[[Page 31467]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 841 and 842
RIN 3206-AO42
Retirement: Members of Congress and Congressional Employees
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) is finalizing
amendments to reflect the provisions enacted under the Middle Class Tax
Relief and Job Creation Act of 2012 (``2012 Act'') and the Bipartisan
Budget Act of 2013 (``2013 Act''). These Acts decreased the benefit
accrual rate used in the annuity computation and increased employee
deductions.
DATES: This final rule is effective on May 17, 2023.
FOR FURTHER INFORMATION CONTACT: Jane Bancroft, (202) 606-0299. Email:
[email protected], with Public Law 112-96 and Attn: Jane
Bancroft in the subject line.
SUPPLEMENTARY INFORMATION:
Background
On November 16, 2022, OPM issued a proposed rule at 87 FR 68642 to
implement the provisions of Public Law 110-279,122 Stat. 2604 (2008)
(codified at 2 U.S.C. 2051), as amended by Public Law 116-21, (2019).
The 60-day public comment period ended on January 17, 2023. OPM
received one comment--which was not responsive to the subject matter
discussed in the rule. Therefore, this rule is being finalized with no
changes for the November 16th proposed rule.
Because of the uncertain tenure of congressional service, the FERS
was originally designed, as the Civil Service Retirement System had
been, to provide a larger benefit for each year of service to Members
or congressional employees than to most other federal employees. Prior
to the enactment of the 2012 Act, all Members or congressional
employees became eligible for retirement annuities at an earlier age
and with fewer years of service than most other federal employees.
However, all Members or congressional employees paid a higher
percentage of employee deductions for their retirement benefits than
most other federal employees. The 2012 Act made two significant changes
to the retirement benefits of congressional employees and Members who
are first covered by FERS after December 31, 2012. First, the 2012 Act
decreased the FERS benefit accrual rates used in the FERS annuity
calculation for congressional employees or Members first covered by
FERS (or reelected with less than five years of FERS service) after
December 31, 2012, to be the same as regular FERS employees. Therefore,
the higher accrual rate applicable to Members or congressional
employees is no longer available to those first covered by FERS after
December 31, 2012.
Second, the 2012 Act increased the FERS employee contributions by
1.8 percentage points for Members first covered by FERS (or reelected
with less than five years of FERS-covered service) after December 31,
2012. Therefore, Members newly covered by FERS beginning January 1,
2013, are required to contribute 3.1% of their basic pay to the Civil
Service Retirement and Disability Fund. Enactment of the 2013 Act,
further increased the FERS employee deductions by an additional 1.3
percentage points for all FERS-covered employees, including Members and
congressional employees, first covered by FERS after December 31, 2013
(or rehired/reelected with less than five years of FERS-covered
service). Subsequently, under the 2013 Act, Members and other federal
employees first covered by FERS beginning in 2014 are required to
contribute 4.4% of basic pay to FERS.
Beginning January 1, 2013, there is no longer a larger employee
contribution under FERS required for Members and congressional
employees in comparison with regular FERS employees; all of these
groups contribute 3.1% of basic pay toward their FERS annuity if first
covered after December 31, 2012, or 4.4% of basic pay if first covered
by FERS after December 31, 2013. Members first elected after December
31, 2012, however, remain eligible for retirement annuities under FERS
at earlier ages and with fewer years of service than regular federal
employees.
Regulatory Impact Analysis
Executive Order 12866 and Executive Order 13563 direct-s agencies
to assess all costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public, health, and safety effects, distributive impacts, and equity).
This rule is not a ``significant regulatory action,'' under Executive
Order 12866 and was not reviewed by the Office of Management and
Budget.
Regulatory Flexibility Act
The Office of Personnel Management certifies that this rule will
not have a significant economic impact on a substantial number of small
entities.
Federalism
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this rule will not have any
negative impact on the rights, roles and responsibilities of State,
local, or tribal governments.
Civil Justice Reform
This regulation meets the applicable standard set forth in
Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
The Congressional Review Act (5 U.S.C. 801 et seq.) requires rules
(as defined in 5 U.S.C. 804) to be submitted to Congress before taking
effect. OPM will submit to Congress and the Comptroller General of the
United States a report regarding the issuance of this action before its
effective date, as required by 5 U.S.C. 801. This is not a
[[Page 31468]]
``major rule'' as defined by the Congressional Review Act (5 U.S.C.
804(2)).
Paperwork Reduction Act
This rule does not impose any reporting or record-keeping
requirements subject to the Paperwork Reduction Act.
List of Subjects
5 CFR Part 841
Administrative practice and procedure, Air traffic controllers,
Claims Disability benefits, Firefighters, Government employees, Income
taxes, Intergovernmental relations, Law enforcement officers, Pensions,
Retirement.
5 CFR Part 842
Air traffic controllers, Alimony, Firefighters, Law enforcement
officers, Pensions, Retirement.
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
For the reasons stated in the preamble, the Office of Personnel
Management amends 5 CFR parts 841--842 to read as follows:
PART 841--FEDERAL EMPLOYEES RETIREMENT SYSTEM--GENERAL
ADMINISTRATION
0
1. Revise the authority citation for part 841 to read as follows:
Authority: 5 U.S.C. 8461; Sec. 841.108 also issued under 5
U.S.C. 552a; Secs. 841.110 and 841.111 also issued under 5 U.S.C.
8470(a); subpart D also issued under 5 U.S.C. 8423; Sec. 841.504
also issued under 5 U.S.C. 8422; Sec. 841.507 also issued under
section 505 of Pub. L. 99-335; subpart J also issued under 5 U.S.C.
8469; Sec. 841.506 also issued under 5 U.S.C. 7701(b)(2); Sec.
841.508 also issued under section 505 of Pub. L. 99-335; Sec.
841.604 also issued under Title II, Pub. L. 106-265, 114 Stat. 780;
Sec. 5001 of Pub. L. 112-96 at 126 Stat. 199.
0
2. Amend Sec. 841.103 by adding, in alphabetical order, the
definitions of ``FERS FRAE'' and ``FERS RAE'' to read as follows:
Sec. 841.103 Definitions.
FERS FRAE, or a Further Revised Annuity Employee as identified
under 5 U.S.C. 8422, is an employee or Member covered under FERS hired
on or after January 1, 2014, unless the employee or Member--
(1) Was covered under FERS on December 31, 2012; or
(2) Performed civilian service creditable or potentially creditable
under FERS on December 31, 2012;
(3) Or, if not covered under FERS on December 31, 2012, performed
at least 5 years of civilian service creditable or potentially
creditable under FERS prior to December 31, 2012; or
(4) Was covered under FERS RAE on December 31, 2013; or
(5) Was performing civilian service creditable or potentially
creditable under FERS RAE on December 31, 2013; or
(6) If not covered under FERS RAE on December 31, 2013, performed
at least 5 years of civilian service creditable or potentially
creditable under FERS prior to December 31, 2013.
FERS RAE, or a Revised Annuity Employee as identified under 5
U.S.C. 8422, is an employee or Member covered under FERS hired on or
after January 1, 2013, and before January 1, 2014, unless the employee
or Member--
(1) Was covered under FERS on December 31, 2012; or
(2) Performed civilian service creditable or potentially creditable
under FERS on December 31, 2012; or
(3) If not covered under FERS on December 31, 2012, performed at
least 5 years of civilian service creditable or potentially creditable
under FERS prior to December 31, 2012.
0
3. Revise Sec. 841.503 to read as follows:
Sec. 841.503 Amounts of employee deductions.
(a) Except as provided in paragraph (b) of this section, the rate
of employee deductions from basic pay for FERS coverage is seven
percent of basic pay minus the percent of tax which is (or would be) in
effect for the payment, for the employee cost of social security.
(b) The rate of employee deductions from basic pay for FERS
coverage for a Member, law enforcement officer, firefighter, nuclear
materials courier, customs and border protection officer, air traffic
controller, member of the Supreme Court Police, Congressional employee,
or employee under section 302 of the Central Intelligence Agency Act of
1964 for Certain Employees (who are not FERS RAE or FERS FRAE employees
or Members, as defined under Sec. 841.103 of this part), is seven and
one-half percent of basic pay, minus the percent of tax which is (or
would be) in effect for the payment, for the employee cost of social
security.
(c) After December 31, 2012, the rate of employee deductions from
basic pay for--
(1) A FERS RAE employee, Member, or Congressional employee is nine
and three-tenths percent of basic pay, minus the percent of tax which
is (or would be) in effect for the payment, for the employee cost of
social security.
(2) A FERS RAE law enforcement officer, firefighter, nuclear
materials courier, customs and border protection officer, air traffic
controller, member of the Supreme Court Police, or employee under
section 302 of the Central Intelligence Agency Act of 1964 for Certain
Employees is nine and eight-tenths percent of basic pay, minus the
percent of tax which is (or would be) in effect for the payment, for
the employee cost of social security.
(d) After December 31, 2013, the rate of employee deductions from
basic pay for--
(1) FERS FRAE employee, Member, or Congressional employee is ten
and six-tenths percent basic pay, minus the percent of tax which is (or
would be) in effect for the payment, for the employee cost of social
security.
(2) A FERS FRAE law enforcement officer, firefighter, nuclear
materials courier, customs and border protection officer, air traffic
controller, member of the Supreme Court Police, or employee under
section 302 of the Central Intelligence Agency Act of 1964 for Certain
Employees is eleven and one-tenth percent of basic pay, minus the
percent of tax which is (or would be) in effect for the payment, for
the employee cost of social security.
(e) Employee deductions will be at the rate in paragraphs (a)
through (d) of this section as if social security deductions were being
made even if social security deductions have ceased because of the
amount of earnings during the year, or are not made for any other
reason.
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY
0
4. Revise the authority citation for part 842 to read as follows:
Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also
issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under Secs.
3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.105 also
issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 842.106 also
issued under Sec. 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended
by Sec. 153 of Pub. L. 104-134, 110 Stat. 1321-102; Sec. 842.107
also issued under Secs. 11202(f), 11232(e), and 11246(b) of Pub. L.
105-33, 111 Stat. 251, and Sec. 7(b) of Pub. L. 105-274, 112 Stat.
2419; Sec. 842.108 also issued under Sec. 7(e) of Pub. L. 105-274,
112 Stat. 2419; Sec. 842.109 also issued under Sec. 1622(b) of Pub.
L. 104-106, 110 Stat. 515; Sec. 842.110 also issued under Sec. 111
of Pub. L. 99-500, 100 Stat. 1783, and Sec. 111 of Pub. L. 99-591,
100 Stat. 3341-348, and also Sec. 1 of Pub. L. 110-279, 122 Stat.
2602, as amended by Sec. 1(a) of Pub. L. 116-21, 133 Stat. 903; Sec.
842.208 also issued under Sec. 535(d) of Title V of Division E of
Pub. L. 110-161, 121 Stat. 2042; Sec. 842.213 also issued
[[Page 31469]]
under 5 U.S.C. 8414(b)(1)(B) and Sec. 1313(b)(5) of Pub. L. 107-296,
116 Stat. 2135; Secs. 842.304 and 842.305 also issued under Sec.
321(f) of Pub. L. 107-228, 116 Stat. 1383; Secs. 842.604 and 842.611
also issued under 5 U.S.C. 8417; Sec. 842.607 also issued under 5
U.S.C. 8416 and 8417; Sec. 842.614 also issued under 5 U.S.C. 8419;
Sec. 842.615 also issued under 5 U.S.C. 8418; Sec. 842.703 also
issued under Sec. 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388;
Sec. 842.707 also issued under Sec. 6001 of Pub. L. 100-203, 101
Stat. 1300; Sec. 842.708 also issued under Sec. 4005 of Pub. L. 101-
239, 103 Stat. 2106, and Sec. 7001 of Pub. L. 101-508, 104 Stat.
1388; Subpart H also issued under 5 U.S.C. 1104; Sec. 842.810 also
issued under Sec. 636 of Appendix C to Pub. L. 106-554 at 114 Stat.
2763A-164; Sec. 842.811 also issued under Sec. 226(c)(2) of Pub. Law
108-176, 117 Stat. 2529; Subpart J also issued under Sec. 535(d) of
Title V of Division E of Pub. L. 110-161, 121 Stat. 2042; Pub. L.
115-352, 132 Stat. 5067 (5 U.S.C. 101); Sec. 5001 of Pub. L. 112-96
at 126 Stat. 199; 5 U.S.C. 8401; 5 U.S.C. 8415.
Subpart D--Computations
0
5. Revise Sec. 842.406 to read as follows:
Sec. 842.406 Members of Congress and Congressional Employees.
(a) The annuity of a congressional employee or Member who is first
covered by FERS on or before December 31, 2012, and who has had at
least 5 years of service as a congressional employee, Member, or any
combination thereof totaling 5 years is--
(1) One and seven-tenths percent of average pay multiplied by the
total number of years of service as a Member and/or congressional
employee not exceeding 20 years; plus
(2) One percent of average pay multiplied by the years of service
other than that of a Member and/or congressional employee.
(b) Except as provided in paragraph (c) of this section, the
annuity of a congressional employee or Member who is first covered by
FERS after December 31, 2012, or Member re-elected with less than 5
years of FERS service after December 31, 2012, and who has had at least
5 years of service as a congressional employee, Member, or any
combination thereof totaling 5 years is 1 percent of average pay
multiplied by total service.
(c) The annuity of a congressional employee or Member is 1.1
percent of average pay multiplied by total service, provided the
congressional employee or Member--
(1) Has completed 20 years of service; and
(2) Is at least age 62 at the time of separation on which
entitlement to an annuity is based.
[FR Doc. 2023-09972 Filed 5-16-23; 8:45 am]
BILLING CODE 6325-38-P
