Unknown. Final rule

3,762 words·~17 min read·/register/2023/05/17/2023-09972·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2023-05-17.xml --- 88 95 Wednesday, May 17, 2023 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Volunteer Service Agreements and Volunteer Service Time and Attendance Record, 31478-31479 2023-10486 Imports: Fresh Pumpkin, Squash, and the Hybrid Tetsukabuto from Brazil into the Continental United States, 31478 2023-10548 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Unaccompanied Refugee Minors Program Application and Withdrawal of Application or Declination of Placement Form, 31507 2023-10539 Coast Guard Coast Guard RULES Special Local Regulation: Marine Events within the Eleventh Coast Guard District—Great Western Tube Float, 31475-31476 2023-10489 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 31499 2023-10662 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Borrower Defense to Loan Repayment Universal Forms, 31500 2023-10518 Prison Education Program Application, 31499-31500 2023-10463 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Spiropidion; Technical Correction, 31476-31477 2023-10153 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Bettles, AK, 31474-31475 2023-10435 Airworthiness Directives: Allied Ag Cat Productions, Inc. Airplanes, 31472-31474 2023-10408 Boeing Airplanes, 31469-31472 2023-10624 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31502-31504 2023-10511 Anticipated Schedule: White Pine Pumped Storage Project, White Pine Waterpower, LLC, 31506 2023-10512 Application: Kaukauna Utilities, 31501-31502 2023-10514 Authorization for Continued Project Operation:

Village of Enosburg Falls, VT, 31504-31505 2023-10513 Combined Filings, 31505-31506 2023-10516 Request for Extension of Time: Texas Gas Transmission, LLC, 31500-31501 2023-10515 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31589-31590 2023-10549 Federal Maritime Federal Maritime Commission NOTICES Filing of Third-Party Complaint: M.E. Dey and Co., Inc., v. Hapag-Lloyd AG, and Hapag-Lloyd (America) LLC, 31506 2023-10454 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31590-31591 2023-10503 Request to Amend Positive Train Control Safety Plan and Positive Train Control System: Metro-North Railroad, 31591-31592 2023-10475 Utah Transit Authority FrontRunner Commuter Rail, 31590 2023-10462 Food and Drug Food and Drug Administration NOTICES Cheese Products Deviating from Identity Standard; Temporary Permit for Market Testing, 31508-31509 2023-10438 Guidance: Major Food Allergen Labeling and Cross-contact, 31507-31508 2023-10523 Foreign Assets Foreign Assets Control Office RULES Publication of Global Magnitsky Sanctions Regulations Web General License 7, 31475 2023-10607 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Community Wood Energy and Wood Innovation Program, 31481-31483 2023-10451 Wood Innovations Funding Opportunity Program, 31479-31481 2023-10450 General Services General Services Administration NOTICES Privacy Act; Systems of Records, 31506-31507 2023-10500 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31509-31510 2023-10490 Meetings: Advisory Committee on Blood and Tissue Safety and Availability, 31510 2023-10499 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Solutions Grant, 31517-31518 2023-10507 Section 8 Renewal Policy Guidebook, 31513-31515 2023-10509 Survey of Market Absorption of New Multifamily Units, 31515-31516 2023-10529 Youth Homeless Systems Improvement Program, 31516-31517 2023-10508 Industry Industry and Security Bureau NOTICES Denial of Export Privileges:

Rossiya Airlines; Renewal, 31483-31485 2023-10504 Interior Interior Department See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Collection of Qualitative Feedback on Agency Service Delivery, 31597 2023-10457 International Trade Adm International Trade Administration NOTICES Sales at Less Than Fair Value; Determinations, Investigations, etc.: Paper File Folders from India, 31490-31493 2023-10482 Paper File Folders from the People's Republic of China, 31485-31488 2023-10484 Paper File Folders from the Socialist Republic of Vietnam, 31488-31490 2023-10483 International Trade Com International Trade Commission NOTICES Complaint:

Certain Lidar (Light Detection and Ranging) Systems and Components Thereof, 31519-31520 2023-10478 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Preserved Mushrooms from the Netherlands, Poland, and Spain, 31522 2023-10439 Certain Replacement Automotive Lamps, 31520-31522 2023-10477 Certain Replacement Automotive Lamps II, 31522-31524 2023-10476 Fresh Garlic from China, 31525 2023-10531 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Firearms Transaction Record, 31525-31526 2023-10535 Proposed Consent Decree: CERCLA, 31525 2023-10505 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Workforce Recruitment Program, 31526-31527 2023-10479 Land Land Management Bureau NOTICES Meetings: Colorado's Rocky Mountain Resource Advisory Council, 31518-31519 2023-10546 National Archives National Archives and Records Administration NOTICES Meetings:

Advisory Committee on the Records of Congress, 31527 2023-10510 National Industrial Security Program Policy Advisory Committee, 31527 2023-10488 National Institute National Institutes of Health NOTICES Licenses; Exemptions, Applications, Amendments etc.: Government-Owned Inventions, 31511 2023-10485 Meetings: Center for Scientific Review, 31511-31512 2023-10452 National Institute of General Medical Sciences, 31511 2023-10453 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species:

Take of Anadromous Fish, 31498-31499 2023-10445 International Affairs: United States Fishing Opportunities in the Northwest Atlantic Fisheries Organization Regulatory Area, 31494-31498 2023-10522 Meetings: Pacific Fishery Management Council, 31493-31494 2023-10506 Personnel Personnel Management Office RULES Retirement: Members of Congress and Congressional Employees, 31467-31469 2023-09972 Postal Regulatory Postal Regulatory Commission NOTICES Classification Changes, 31528-31529 2023-10449 Competitive Price Changes, 31527-31528 2023-10530 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Mother's Day (Proc. 10580), 31465-31466 2023-10665 National Defense Transportation Day and National Transportation Week (Proc. 10577), 31453-31455 2023-10658 National Women's Health Week (Proc. 10578), 31457-31459 2023-10663 Peace Officers Memorial Day and Police Week (Proc. 10579), 31461-31463 2023-10664 ADMINISTRATIVE ORDERS Iraq; Continuation of National Emergency With Respect to Stabilization (Notice of May 16, 2023), 31599-31601 2023-10756 Securities Securities and Exchange Commission NOTICES Application:

Hartford Schroders Private Opportunities Fund, et al., 31532-31533 2023-10464 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 31529-31532, 31539-31543 2023-10465 2023-10473 Cboe C2 Exchange, Inc., 31543-31549 2023-10470 Cboe EDGX Exchange, Inc., 31535-31539 2023-10466 Cboe Exchange, Inc., 31554-31562 2023-10471 ICE Clear Credit LLC, 31554, 31571-31575 2023-10472 2023-10467 Long-Term Stock Exchange, Inc., 31533-31535 2023-10474 Municipal Securities Rulemaking Board, 31562-31571 2023-10468 Options Clearing Corp., 31549-31554 2023-10469 Small Business Small Business Administration NOTICES Disaster or Emergency Declaration and Related Determination:

California; Amendment No. 3, 31575 2023-10458 2023-10459 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Brilliant Bohemian Garnets, 31578-31579 2023-10519 Kore Statue: A Masterpiece of the Acropolis Museum in Boston, 31577 2023-10455 Tree and Serpent: Early Buddhist Art in India, 200 B.C.E.-400 C.E., 31577 2023-10441 Privacy Act; Systems of Records, 31575-31577 2023-10532 Request for Comments: United States Ocean Acidification Action Plan, 31578 2023-10456 Trade Representative Trade Representative, Office of United States NOTICES Annual Review of Country Eligibility for Benefits under the African Growth and Opportunity Act for Calendar Year 2024, 31579-31580 2023-10480 Product Exclusion Extensions:

China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 31580-31589 2023-10460 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31592-31593 2023-10461 Request for Information: Advanced Air Mobility, 31593-31597 2023-10448 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Separate Parts In This Issue Part II Presidential Documents, 31599-31601 2023-10756 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 88 95 Wednesday, May 17, 2023 Rules and Regulations 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: *Retirement.Policy@opm.gov,* 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 “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 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: § 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. 3. Revise § 841.503 to read as follows: § 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 § 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 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 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 5. Revise § 842.406 to read as follows: § 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]

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