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Code · BILL · 119th Congress · H.R. 1 (Reported in House) — To provide for reconciliation pursuant to title II of H. Con. Res. 14. · Sec. 90003

Sec. 90003. High-5 average pay for calculating CSRS and FERS pension

594 words·~3 min read·/bill/119/hr/1/rh/section-90003

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Section 8331(4) of title 5, United States Code, is amended to read as follows: average pay means— except as provided under subparagraph (B), the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity under subsection
(d)or (e)(1) of section 8341 of this title based on service of less than 3 years, over the total service, with each rate weighted by the time it was in effect; and with respect to an employee or Member who retires on or after January 1, 2027, other than an individual entitled to an annuity under subsection
(c)or
(e)of section 8336, the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 5 consecutive years of creditable service or, in the case of an annuity under subsection
(d)or (e)(1) of section 8341 of this title based on service of less than 5 years, over the total service, with each rate weighted by the time it was in effect; . Section 8401(3) of title 5, United States Code, is amended to read as follows: the term average pay means— except as provided under subparagraph (B), the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect; and with respect to an employee or Member who retires on or after January 1, 2027, other than an individual entitled to an annuity under subsection
(d)or
(e)of section 8412, the largest annual rate resulting from averaging the employee’s or Member’s rates of basic pay in effect over any 5 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 5 years, over the total service, with each rate weighted by the period it was in effect; . Section 302(a) of the Federal Employee’s Retirement System Act of 1986 ( 5 U.S.C. 8331 note) is amended by striking paragraph
(6)and inserting the following: For purposes of any computation under paragraph
(4)or (5), the average pay to be used shall be— except as provided under clause (ii), the largest annual rate resulting from averaging the individual’s rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity based on service of less than 3 years, over the total period of service so creditable, with each rate weighted by the period it was in effect; and with respect to an individual who retires on or after January 1, 2027, other than an individual entitled to an annuity under subsection
(d)or
(e)of section 8412 of title 5, United States Code, the largest annual rate resulting from averaging the individual’s rates of basic pay in effect over any 5 consecutive years of creditable service or, in the case of an annuity based on service of less than 5 years, over the total period of service so creditable, with each rate weighted by the period it was in effect. For purposes of subparagraph (A), service shall be considered creditable if it would be considered creditable for purposes of determining average pay under chapter 83 or 84 of title 5, United States Code. .
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Sec. 90003
High-5 average pay for calculating CSRS and FERS pension
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