View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

OPM RIN: 3206-AO42 Publication ID: Fall 2022 
Title: Members of Congress and Congressional Employees 

The U.S. Office of Personnel Management (OPM) is proposing to amend 5 CFR section 842.406 to comply with the updates required by Public Law 112-96. This law made two significant changes to the retirement benefits of Members of Congress who are first covered by FERS after December 31, 2012. First, Public Law 112-96 decreased the FERS benefit accrual rate (used in the FERS pension calculation) for 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 larger benefit per year of service is no longer available to Members (or congressional employees) first covered by FERS after December 31, 2012.

For Members of Congress covered by FERS after December 31, 2012, the accrual rate for congressional service covered by FERS is 1.0% per year of service, or, if the Member has at least 20 years of service and serves until at least the age of 62, the benefit accrual rate is 1.1% per year of service. This is the same accrual rate that applies to regular FERS employees. An update to section 5 CFR 842.406 is needed to reflect these changes.

Agency: Office of Personnel Management(OPM)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 5 CFR 842.406   
Legal Authority: 5 U.S.C. 8401, 5 U.S.C. 8415   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/16/2022  87 FR 68642   
NPRM Comment Period End  01/17/2023 
Final Action  05/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ellen Linehan
Office of Personnel Management
1900 E Street NW,
Washington, DC 20415
Phone:202 606-0299