Federal Employees' Retirement System; Normal Cost Percentage for Certain Members of the Capitol Police
| Citation | 85 FR 39851 |
| Record Number | 2020-13610 |
| Published date | 02 July 2020 |
| Court | Personnel Management Office |
Federal Register, Volume 85 Issue 128 (Thursday, July 2, 2020)
[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Proposed Rules]
[Pages 39851-39852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13610]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 /
Proposed Rules
[[Page 39851]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 841
RIN 3206-AO02
Federal Employees' Retirement System; Normal Cost Percentage for
Certain Members of the Capitol Police
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed
rule to revise the categories of employees for computation of normal
cost percentages for certain members of the Capitol Police who are
covered by the Federal Employees' Retirement System (FERS) Act of 1986.
DATES: Send comments on or before August 31, 2020.
ADDRESSES: You may submit comments identified by docket number and/or
Regulatory Information Number (RIN) and title, by the following method:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
All submissions received must include the agency name and docket
number or RIN for this document. The general policy for comments and
other submissions from members of the public is to make these
submissions available for public viewing at http://www.regulations.gov
as they are received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Karla Yeakle, (202) 606-0299.
SUPPLEMENTARY INFORMATION: On April 6, 2020, OPM published notice 85 FR
19174 in the Federal Register to revise the normal cost percentages
under the Federal Employees' Retirement System (FERS) Act of 1986,
Public Law 99-335, 100 Stat. 514, as amended, based on economic
assumptions and demographic factors adopted by the Board of Actuaries
of the Civil Service Retirement System. As a result of new legislation
enacted on December 20, 2019, under sec. 211 of title II, division E of
Public Law 116-94, the Further Consolidated Appropriations Act, 2020,
OPM was required to provide separate normal cost percentages for
certain members of the Capitol Police as distinct from other
Congressional Employees. Prior to the enactment of the Further
Consolidated Appropriations Act, 2020, members of the Capitol Police
were combined with Congressional Employees for the purpose of
determining the normal cost percentages for those employee populations.
This rule is necessary to ensure that the rules for computation of
normal cost percentages are consistent with the categories of employees
as provided under 5 U.S.C. 8423(a)(1)(B)(i), as amended by sec. 211 of
title II, division E of Public Law 116-94, the Further Consolidated
Appropriations Act, 2020.
The Middle Class Tax Relief and Jobs Creation Act of 2012, sec.
5001 of Public Law 112-96, 126 Stat. 157, and subsequently, sect. 401
of Public Law 113-67, 113 Stat. 1165, the Bipartisan Budget Act of
2013, increased the retirement contributions for certain FERS employees
(Revised Annuity Employees (FERS-RAE) and Further Revised Annuity
Employees (FERS-FRAE)) and established separate FERS deduction rates
for Congressional employees and members of the Capitol Police. These
Acts reduced the retirement annuity accrual rates of new legislative
(Congressional) branch employees (other than Capitol Police) equal to
that of most regular federal employees, while the retirement accrual
rates for new Capitol Police remained at an enhanced level. Despite the
difference in annuity benefits, these Acts did not establish separate
employee categories for the computation of normal cost percentages for
Capitol Police versus other legislative branch employees. With the
passage of the Further Consolidated Appropriations Act, 2020, members
of the Capitol Police covered under 5 U.S.C. 8412(d) and 5 U.S.C.
8425(c), who receive enhanced retirement accrual rates similar to that
of law enforcement officers under 5 U.S.C. 8415(e), have been removed
from the Congressional employee normal cost category and now have their
own normal cost category.
Section 841.403 of title 5, Code of Federal Regulations, regulates
the categories of employees for computation of normal cost percentages
that the government is required to pay for employees under 5 U.S.C.
8423. OPM's proposed rule would amend its regulation under 5 CFR
841.403 to eliminate the category of ``Congressional employees,
including members of the Capitol Police,'' and to establish separate
normal cost percentages for certain members of the Capitol Police and
for Congressional employees in compliance with sec. 211 of title II,
division E of Public Law 116-94, the Further Consolidated
Appropriations Act, 2020. In accordance with the Further Consolidated
Appropriations Act, 2020, 5 CFR 841.403 must list members of the
Capitol Police covered under 5 U.S.C. 8412(d) and 5 U.S.C. 8425(c) as
separate categories. All other Capitol Police, who are not members
covered under 5 U.S.C. 8412(d) and 5 U.S.C. 8425(c), will fall under
the new category of ``other Congressional employees.''
Regulatory Impact Analysis
OPM has examined the impact of this rule as required by Executive
Order 12866 and Executive Order 13563, which directs 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). A
regulatory impact analysis must be prepared for major rules with
economically significant effects of $100 million or more in any one
year. This rule was not designated as a ``significant regulatory
action,'' under Executive Order 12866.
Reducing Regulation and Controlling Regulatory Costs
This rule is not an E.O. 13771 regulatory action because this rule
is related to agency organization, management, or personnel.
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.
[[Page 39852]]
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
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of nonagency parties and, accordingly, is not a ``rule'' as
that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number.
This rule involves an OMB approved collection of information
subject to the PRA Application for Death Benefits (FERS)/Documentation
and Elections in Support of Application for Death Benefits when
Deceased was an Employee at the Time of Death (FERS), 3206-0172. The
public reporting burden for this collection is estimated to average 60
minutes per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. The
total burden hour estimate for this form is 16,751 hours. The systems
of record notice for this collection is: OPM SORN CENTRAL-1-Civil
Service Retirement and Insurance Records.
List of Subjects in 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.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
For the reasons stated in the preamble, the Office of Personnel
Management proposes to amend 5 CFR part 841 as follows:
PART 841--FEDERAL EMPLOYEES RETIREMENT SYSTEM--GENERAL
ADMINISTRATION
0
1. The authority citation for part 841 continues 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.
Subpart D--Government Costs
0
2. Amend Sec. 841.403 by redesignating paragraphs (c) through (h) as
paragraphs (d) through (i) respectively, revise paragraph (b), and add
new paragraph (c) to read as follows:
Sec. 841.403 Categories of employees for computation of normal cost
percentages.
* * * * *
(b) Capitol Police covered under 5 U.S.C. 8412(d) and 5 U.S.C.
8425(c);
(c) Other Congressional employees;
* * * * *
[FR Doc. 2020-13610 Filed 7-1-20; 8:45 am]
BILLING CODE 6325-38-P
