Text: S.2967 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-279 (07/17/2008)

 
[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:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            June 3, considered and passed Senate.
            July 10, considered and passed House.

                                  <all>

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