[110th Congress Public Law 279]
[From the U.S. Government Printing Office]
[DOCID: f:publ279.110]
[[Page 2603]]
SENATE RESTAURANTS EMPLOYEES BENEFITS
[[Page 122 STAT. 2604]]
Public Law 110-279
110th Congress
An Act
To provide for certain Federal employee benefits to be continued for
certain employees of the Senate Restaurants after operations of the
Senate Restaurants are contracted to be performed by a private business
concern, and for other purposes. <<NOTE: July 17, 2008 - [S. 2967]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 2 USC 2051.>> CONTINUED BENEFITS FOR CERTAIN
SENATE RESTAURANTS EMPLOYEES.
(a) Definitions.--In this section:
(1) Contractor.--The term ``contractor'' means the private
business concern that enters into a food services contract with
the Architect of the Capitol.
(2) Covered individual.--The term ``covered individual''
means any individual who--
(A) is a Senate Restaurants employee who is an
employee of the Architect of the Capitol on the date of
enactment of this Act, including--
(i) a permanent, full-time or part-time
employee;
(ii) a temporary, full-time or part-time
employee; and
(iii) an employee in a position described
under the second or third provisos under the
subheading ``senate office buildings'' under the
heading ``Capitol Buildings and Grounds'' under
the heading ``ARCHITECT OF THE CAPITOL'' in the
Legislative Branch Appropriations Act, 1972 (2
U.S.C. 2048);
(B) becomes an employee of the contractor under a
food services contract on the transfer date; and
(C) with respect to benefits under subsection (c)(2)
or (3), files an election before the transfer date with
the Office of Human Resources of the Architect of the
Capitol to have 1 or more benefits continued in
accordance with this section.
(3) Food services contract.--The term ``food services
contract'' means a contract under which food services operations
of the Senate Restaurants are transferred to, and performed by,
a private business concern.
(4) Transfer date.--The term ``transfer date'' means the
date on which a contractor begins the performance of food
services operations under a food services contract.
(b) Election of Coverage.--
(1) <<NOTE: Deadlines.>> In general.--
(A) Retirement coverage.--Not later than the day
before the transfer date, an individual described under
[[Page 122 STAT. 2605]]
subsection (a)(2)(A) and (B) may file an election with
the Office of Human Resources of the Architect of the
Capitol to continue coverage under the retirement system
under which that individual is covered on that day.
(B) Life and health insurance coverage.--If the
individual files an election under subparagraph (A) to
continue retirement coverage, the individual may also
file an election with the Office of Human Resources of
the Architect of the Capitol to continue coverage of any
other benefit under subsection (c)(2) or (3) for which
that individual is covered on that day. Any election
under this subparagraph shall be filed not later than
the day before the transfer date.
(2) Notification to the office of personnel management.--The
Office of Human Resources of the Architect of the Capitol shall
provide timely notification to the Office of Personnel
Management of any election filed under paragraph (1).
(c) Continuity of Benefits.--
(1) Pay.--The rate of basic pay of a covered individual as
an employee of a contractor, or successor contractor, during a
period of continuous service may not be reduced to a rate less
than the rate of basic pay paid to that individual as an
employee of the Architect of the Capitol on the day before the
transfer date, except for cause.
(2) Retirement and life insurance benefits.--
(A) In general.--For purposes of chapters 83, 84,
and 87 of title 5, United States Code--
(i) any period of continuous service performed
by a covered individual as an employee of a
contractor, or successor contractor, shall be
deemed to be a period of service as an employee of
the Architect of the Capitol; and
(ii) the rate of basic pay of the covered
individual during the period described under
clause (i) shall be deemed to be the rate of basic
pay of that individual as an employee of the
Architect of the Capitol on the date on which the
Architect of the Capitol enters into the food
services contract.
(B) Treatment as civil service retirement offset
employees.--In the case of a covered individual who on
the day before the transfer date is subject to
subchapter III of chapter 83 of title 5, United States
Code, but whose employment with the Architect of the
Capitol is not employment for purposes of title II of
the Social Security Act and chapter 21 of the Internal
Revenue Code of 1986--
(i) the employment described under
subparagraph (A)(i) shall, for purposes of
subchapter III of chapter 83 of title 5, United
States Code, be deemed to be--
(I) employment of an individual
described under section 8402(b)(2) of
title 5, United States Code; and
(II) Federal service as defined
under section 8349(c) of title 5, United
States Code; and
(ii) the basic pay described under
subparagraph (A)(ii) for employment described
under subparagraph (A)(i) shall be deemed to be
Federal wages as defined
[[Page 122 STAT. 2606]]
under section 8334(k)(2)(C)(i) of title 5, United
States Code.
(3) Health insurance benefits.--For purposes of chapters 89,
89A, and 89B of title 5, United States Code, any period of
continuous service performed by a covered individual as an
employee of a contractor, or successor contractor, shall be
deemed to be a period of service as an employee of the Architect
of the Capitol.
(4) Leave.--
(A) Credit of leave.--Subject to section 6304 of
title 5, United States Code, annual and sick leave
balances of any covered individual shall be credited to
the leave accounts of that individual as an employee of
the contractor, or any successor contractor. A food
services contract may include provisions similar to
regulations prescribed under section 6308 of title 5,
United States Code, to implement this subparagraph.
(B) Accrual rate.--During any period of continuous
service performed by a covered individual as an employee
of a contractor, or successor contractor, that
individual shall continue to accrue annual and sick
leave at rates not less than the rates applicable to
that individual on the day before the transfer date.
(C) Technical and conforming amendment.--The second
and third provisos under the subheading ``senate office
buildings'' under the heading ``Capitol Buildings and
Grounds'' under the heading ``ARCHITECT OF THE CAPITOL''
in the Legislative Branch Appropriations Act, 1972 (2
U.S.C. 2048) are repealed.
(5) Transit subsidy.--For purposes of any benefit under
section 7905 of title 5, United States Code, any period of
continuous service performed by a covered individual as an
employee of a contractor, or successor contractor, shall be
deemed to be a period of service as an employee of the Architect
of the Capitol.
(6) Employee pay; government contributions; transit subsidy
payments; and other benefits.--
(A) Payment by contractor.--A contractor, or any
successor to the contractor, shall pay--
(i) the pay of a covered individual as an
employee of a contractor, or successor contractor,
during a period of continuous service;
(ii) Government contributions for the benefits
of a covered individual under paragraph (2) or
(3);
(iii) any transit subsidy for a covered
individual under paragraph (5); and
(iv) any payment for any other benefit for a
covered individual in accordance with a food
services contract.
(B) Reimbursements and payments by architect of the
capitol.--From appropriations made available to the
Architect of the Capitol under the heading ``Senate
Office Buildings'' under the heading ``ARCHITECT OF THE
CAPITOL'', the Architect of the Capitol shall--
(i) reimburse a contractor, or any successor
contractor, for that portion of any payment under
subparagraph (A) which the Architect of the
Capitol agreed to pay under a food services
contract; and
[[Page 122 STAT. 2607]]
(ii) pay a contractor, or any successor
contractor, for any administrative fee (or portion
of an administrative fee) which the Architect of
the Capitol agreed to pay under a food services
contract.
(7) Regulations.--
(A) Office of personnel management.--
(i) In general.--After consultation with the
Architect of the Capitol, the Director of the
Office of Personnel Management shall prescribe
regulations to provide for the continuity of
benefits under paragraphs (2) and (3).
(ii) Contents.--Regulations under this
subparagraph shall--
(I) include regulations relating to
employee deductions and employee and
employer contributions and deposits in
the Civil Service Retirement and
Disability Fund, the Employees' Life
Insurance Fund, and the Employees Health
Benefits Fund; and
(II) provide for the Architect of
the Capitol to perform employer
administrative functions necessary to
ensure administration of continued
coverage of benefits under paragraphs
(2) and (3), including receipt and
transmission of the deductions,
contributions, and deposits described
under subclause (I), the collection and
transmission of such information as
necessary, and the performance of other
administrative functions as may be
required.
(B) Thrift savings plan benefits.--After
consultation with the Architect of the Capitol, the
Executive Director appointed by the Federal Retirement
Thrift Investment Board under section 8474(a) of title
5, United States Code, shall prescribe regulations to
provide for the continuity of benefits under paragraph
(2) of this subsection relating to subchapter III of
chapter 84 of that title. Regulations under this
subparagraph shall include regulations relating to
employee deductions and employee and employer
contributions and deposits in the Thrift Savings Fund.
(d) Covered Individuals Not Entitled to Severance Pay.--
(1) In general.--Except as provided under paragraph (2), a
covered individual shall not be entitled to severance pay under
section 5595 of title 5, United States Code, by reason of--
(A) separation from service with the Architect of
the Capitol and becoming an employee of a contractor
under a food services contract; or
(B) termination of employment with a contractor, or
successor to a contractor.
(2) Separation during 90-day period.--
(A) In general.--
(i) Covered individuals.--Except as provided
under clause (ii), a covered individual shall be
entitled to severance pay under section 5595 of
title 5, United States Code, if during the 90-day
period following the transfer date the employment
of that individual with
[[Page 122 STAT. 2608]]
a contractor is terminated as provided under a
food services contract.
(ii) Exception.--Clause (i) shall not apply to
a covered individual who is terminated for cause.
(B) Treatment.--For purposes of section 5595 of
title 5, United States Code--
(i) any period of continuous service performed
by a covered individual described under
subparagraph (A) as an employee of a contractor
shall be deemed to be a period of service as an
employee of the Architect of the Capitol; and
(ii) any termination of employment of a
covered individual described under subparagraph
(A) with a contractor shall be treated as a
separation from service with the Architect of the
Capitol.
(e) Voluntary Separation Incentive Payments.--
(1) Submission of plan.-- <<NOTE: Deadline.>> Not later than
30 days after the date of enactment of this Act, the Architect
of the Capitol shall submit a plan under section 210 of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q) to
the applicable committees as provided under that section.
(2) Plan.--
(A) In general.--Notwithstanding section 210(e) of
the Legislative Branch Appropriations Act, 2005 (2
U.S.C. 60q(e)), the plan submitted under this subsection
shall--
(i) offer a voluntary separation incentive
payment to any employee described under subsection
(a)(2)(A) of this section in accordance with
section 210 of that Act; and
(ii) offer such a payment to any such employee
who becomes a covered individual, if that
individual accepts the offer during the 90-day
period following the transfer date.
(B) Treatment of covered individuals.--For purposes
of the plan under this subsection--
(i) any period of continuous service performed
by a covered individual as an employee of a
contractor shall be deemed to be a period of
service as an employee of the Architect of the
Capitol; and
(ii) any termination of employment of a
covered individual with a contractor shall be
treated as a separation from service with the
Architect of the Capitol.
(f) Early Retirement Treatment for Certain Separated Employees.--
(1) <<NOTE: Applicability.>> In general.--This subsection
applies to--
(A) an employee of the Senate Restaurants of the
Office of the Architect of the Capitol who--
(i) voluntarily separates from service on or
after the date of enactment of this Act, but prior
to the day before the transfer date; and
(ii) on such date of separation--
(I) has completed 25 years of
service as defined under section
8331(12) or 8401(26) of title 5, United
States Code; or
(II) has completed 20 years of such
service and is at least 50 years of age;
and
[[Page 122 STAT. 2609]]
(B) except as provided under paragraph (2), a
covered individual--
(i) whose employment with a contractor is
terminated as provided under a food services
contract during the 90-day period following the
transfer date; and
(ii) on the date of such termination--
(I) has completed 25 years of
service as defined under section
8331(12) or 8401(26) of title 5, United
States Code; or
(II) has completed 20 years of such
service and is at least 50 years of age.
(2) Exception.--Paragraph (1)(B) shall not apply to a
covered individual who is terminated for cause.
(3) Treatment.--
(A) Annuity.--Notwithstanding any provision of
chapter 83 or 84 of title 5, United States Code, an
employee described under paragraph (1) is entitled to an
annuity which shall be computed consistent with the
provisions of law applicable to annuities under section
8336(d) or 8414(b) of title 5, United States Code.
(B) Separation during 90-day period.--For purposes
of chapter 83 or 84 of title 5, United States Code--
(i) any period of continuous service performed
by a covered individual described under paragraphs
(1)(B) and (2) as an employee of a contractor
shall be deemed to be a period of service as an
employee of the Architect of the Capitol; and
(ii) any termination of employment of a
covered individual described under paragraphs
(1)(B) and (2) with a contractor shall be treated
as a separation from service with the Architect of
the Capitol.
(g) Congressional Accountability Act of 1995.--
(1) Employees of the architect of the capitol.--Section
101(5) of the Congressional Accountability Act of 1995 (2 U.S.C.
1301(5)) is amended by striking ``, the Botanic Garden, or the
Senate Restaurant'' and inserting ``or the Botanic Garden''.
(2) Disabilities.--Section 210(a)(7) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1331(a)(7)) is amended by
striking ``the Senate Restaurants and the Botanic Garden'' and
inserting ``the Botanic Garden''.
(3) Continuing application to certain acts and omissions.--
For purposes of the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) a covered individual shall be treated as an
employee of the Architect of the Capitol with respect to any act
or omission which occurred before the transfer date.
(h) Deposit of Commissions.--
(1) Senate restaurants food services contract.--Any
commissions paid by a contractor under a food services contract
shall be deposited in the miscellaneous items account within the
contingent fund of the Senate.
(2) Use of funds.--Any funds deposited under paragraph (1)
shall be available for expenditure in the same manner as funds
appropriated into that account.
[[Page 122 STAT. 2610]]
(i) Effective Date.--This Act shall take effect on the date of
enactment of this Act and apply to the remainder of the fiscal year in
which enacted and each fiscal year thereafter.
Approved July 17, 2008.
LEGISLATIVE HISTORY--S. 2967:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
June 3, considered and passed Senate.
July 10, considered and passed House.
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