Continued benefits for certain Senate Restaurants employees

2 U.S.C. § 2051

• Title: 2 — The Congress
• Chapter: SUBCHAPTER III—RESTAURANTS

Text

(a) Definitions
In this section:
The term "contractor" means the private business concern that enters into a food services contract with the Architect of the Capitol.
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 July 17, 2008, 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 section 2048 1 of this title;
(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.
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.
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
Not later than the day before the transfer date, an individual described under 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.
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.
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
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.
For purposes of chapters 83, 84, and 87 of title 5, 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.
For purposes of chapter 87 of title 5, the rate of basic pay of a 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.
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 but whose employment with the Architect of the Capitol is not employment for purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26—
(i) the employment described under subparagraph (A)(i) shall, for purposes of subchapter III of chapter 83 of title 5, be deemed to be—
(I) employment of an individual described under section 8402(b)(2) of title 5; and
(II) Federal service as defined under section 8349(c) of title 5; 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 under section 8334(k)(2)(C)(i) of title 5.
For purposes of chapters 89, 89A, and 89B of title 5, 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.
Subject to section 6304 of title 5, 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 to implement this subparagraph.
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.
For purposes of any benefit under section 7905 of title 5, 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.
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.
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
(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.
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).
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.
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 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
Except as provided under paragraph (2), a covered individual shall not be entitled to severance pay under section 5595 of title 5 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.
Except as provided under clause (ii), a covered individual shall be entitled to severance pay under section 5595 of title 5 if during the 90-day period following the transfer date the employment of that individual with a contractor is terminated as provided under a food services contract.
Clause (i) shall not apply to a covered individual who is terminated for cause.
For purposes of section 5595 of title 5—
(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
Not later than 30 days after July 17, 2008, the Architect of the Capitol shall submit a plan under section 4505 of this title to the applicable committees as provided under that section.
Notwithstanding section 4505(e) of this title, 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 4505 of this title; 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.
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
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 July 17, 2008, 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; or
(II) has completed 20 years of such service and is at least 50 years of age; and
(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; or
(II) has completed 20 years of such service and is at least 50 years of age.
Paragraph (1)(B) shall not apply to a covered individual who is terminated for cause.
Notwithstanding any provision of chapter 83 or 84 of title 5, 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.
For purposes of chapter 83 or 84 of title 5—
(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
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
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.
Any funds deposited under paragraph (1) shall be available for expenditure in the same manner as funds appropriated into that account.
(i) Effective date
This section shall take effect on July 17, 2008, and apply to the remainder of the fiscal year in which enacted and each fiscal year thereafter.

History

(Pub. L. 110–279, §1, July 17, 2008, 122 Stat. 2604; Pub. L. 116–21, §1(a), June 12, 2019, 133 Stat. 903.)

Editorial Notes

Editorial Notes

References in Text
Section 2048 of this title, referred to in subsec. (a)(2)(A)(iii), was repealed by Pub. L. 110–279, §1(c)(4)(C), July 17, 2008, 122 Stat. 2606.
The Social Security Act, referred to in subsec. (c)(2)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Appropriations made available to the Architect of the Capitol under the heading "Senate Office Buildings" under the heading "ARCHITECT OF THE CAPITOL", referred to in subsec. (c)(6)(B), probably means appropriations under the heading "Senate Office Buildings" under the heading "ARCHITECT OF THE CAPITOL" in the annual Legislative Branch Appropriations Act.
The Congressional Accountability Act of 1995, referred to in subsec. (g)(3), is Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to chapter 24 (§1301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

Codification
Section is comprised of section 1 of Pub. L. 110–279. Subsec. (c)(4)(C) of section 1 of Pub. L. 110–279 repealed section 2048 of this title. Subsec. (g)(1), (2) of section 1 of Pub. L. 110–279 amended sections 1301 and 1331 of this title.

Amendments
2019—Subsec. (c)(2)(A). Pub. L. 116–21, §1(a)(1), struck out introductory provisions which read as follows: "For purposes of chapters 83, 84, and 87 of title 5—".
Subsec. (c)(2)(A)(i). Pub. L. 116–21, §1(a)(1), (2), inserted heading, inserted "For purposes of chapters 83, 84, and 87 of title 5," before "any period", and substituted period for "; and" at end.
Subsec. (c)(2)(A)(ii). Pub. L. 116–21, §1(a)(3), inserted heading, inserted "For purposes of chapter 87 of title 5," before "the rate of basic pay", and substituted "a covered" for "the covered".

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment
Pub. L. 116–21, §1(c), June 12, 2019, 133 Stat. 903, provided that:
"(1) Definitions.—In this subsection, the terms 'contractor', 'covered individual', and 'food services contract' have the meanings given those terms in section 1(a) of Public Law 110–279 (2 U.S.C. 2051(a)).
"(2) Applicability.—The amendments made by this section shall apply with respect to—
"(A) a covered individual who separates from service as an employee of a contractor performing services under the food services contract before, on, or after the date of enactment of this Act [June 12, 2019]; and
"(B) each payment to a covered individual under chapter 83 or 84 of title 5, United States Code, made on or after the effective date of the regulations promulgated under subsection (b) [set out as a note below]."

Regulations
Pub. L. 116–21, §1(b), June 12, 2019, 133 Stat. 903, provided that:
"(1) In general.—The Director of the Office of Personnel Management shall promulgate regulations to carry out this section [amending this section and enacting provisions set out as a note under this section].
"(2) Effective date.—The regulations promulgated under paragraph (1) shall take effect not later than 180 days after the date of enactment of this Act [June 12, 2019]."