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I heard you asking the question, "Are there any widows that would receive it at the present time?" To my knowledge, I do not know. We can check and go into this a little further.

Now, in reference to H.R. 4184, there was a statement made here that 100 percent retirement-I spent 26 years in the department. When I came in, I was informed that I could be retired for 100 percent. Now, they used 100 percent on the basis of 50 percent disability. So this 100 percent disability is kind of twisted up here a little bit. If you go and try to pick a man who was retired for disability and try to pick out 100-percent men, they have got down here an estimated amount of men of about 146. I am sure there would be more under this category, because at the time that they were retired-these are the men prior to 1956-if they got 50 percent disability, they got 100 percent retirement.

So this was equivalent, in my estimation, to a 100 percent disability. I mean they did not use 100 percent at that time. They used as a basis of full retirement, 50 percent.

Now, the doctors, I never remember a doctor at any time prior to this, 1956, saying a man had 75 or 80 percent. Now they may have it, but to my knowledge, I never heard of it. Everybody was 50 percent and they gave them 100 percent pension.

Now, on S. 2695, our Retired Firemen's Association-and I have here a member of the Police Association, and I am sure they go along with us, and we wholeheartedly support this legislation. It is for the active men, but we wholeheartedly support it.

If there are any other questions, we would be more than glad to answer them for you.

Senator EAGLETON. Thank you very much, Mr. Devine.
Mr. Frye, do you have anything?

Mr. FRYE. I did not want to take up your time. I know it is very valuable. When they were testifying in regard to H.R. 4183, and it seemed kind of doubtful when the man who comes under the law himself was here and testified, his own wife would have been protected under this law. And this is Public Law 91-93. If anything would happen to him, his wife left behind, and she remarried, she would have kept her pension.

I want to submit this bill for the record that is in this law now. (The bill follows:)

91sT CONGRESS 1ST SESSION

S. 2754

[Report No. 91-339]

Calendar No. 333

IN THE SENATE OF THE UNITED STATES

AUGUST 1 (legislative day, JULY 30), 1969

Mr. MCGEE (for himself, Mr. Boggs, Mr. BURDICK, Mr. FANNIN, Mr. Fong, Mr. HOLLINGS, Mr. Moss, Mr. RANDOLPH, Mr. STEVENS, and Mr. YARBOROUGH) introduced the following bill; which was read twice and referred to the Committee on Post Office and Civil Service

AUGUST 1 (legislative day, JULY 30), 1969

Reported by Mr. MCGEE, without amendment

A BILL

To amend subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement, and for other purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the "Civil Service Retirement

4 Amendments of 1969".

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TITLE I-CIVIL SERVICE RETIREMENT

FINANCING

SEC. 101. Section 8331 of title 5, United States Code,

8 is amended

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(1) by striking out "and" at the end of paragraph

(15);

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(2) by striking out the period at the end of paragraph (16) and inserting a semicolon in lieu thereof;

and

(3) by adding immediately below paragraph (16) the following new paragraphs:

"(17) 'normal cost' means the entry-age normal cost computed by the Civil Service Commission in accordance with generally accepted actuarial practice and expressed as a level percentage of aggregate basic pay; "(18) 'Fund balance' means the sum of—

"(A) the investments of the Fund calculated

at par value; and

"(B) the cash balance of the Fund on the books of the Treasury; and

"(19) 'unfunded liability' means the estimated ex

cess of the present value of all benefits payable from the Fund to employees and Members, and former em

ployees and Members, subject to this subchapter, and to their survivors, over the sum of—

"(A) the present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this subchapter and of future agency contributions to be made in their behalf; plus

"(B) the present value of Government pay

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ments to the Fund under section 8348 (f) of this

title; plus

"(C) the Fund balance as of the date the unfunded liability is determined.".

SEC. 102. (a) Section 8334 of title 5, United States

6 Code, is amended

7

8

(1) by amending subsection (a) to read as follows: "(a) (1) The employing agency shall deduct and with

9 hold 7 percent of the basic pay of an employee, 74 percent 10 of the basic pay of a Congressional employee, and 8 percent 11 of the basic pay of a Member. An equal amount shall be con12 tributed from the appropriation or fund used to pay the em13 ployee or, in the case of an elected official, from an appro14 priation or fund available for payment of other salaries of the 15 same office or establishment. When an employee in the 16 legislative branch is paid by the Clerk of the House of Rep17 resentatives, the Clerk may pay from the contingent fund of 18 the House the contribution that otherwise would be con19 tributed from the appropriation or fund used to pay the

20 employee.

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"(2) The amounts so deducted and withheld, together

22 with the amounts so contributed, shall be deposited in the 23 Treasury of the United States to the credit of the Fund under 24 such procedures as the Comptroller General of the United

4

1 States may prescribe. Deposits made by an employee or

2 Member also shall be credited to the Fund."; and

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(2) by amending subsection (c) to read as follows: "(c) Each employee or Member credited with civilian 5 service after July 31, 1920, for which retirement deduc6 tions or deposits have not been made, may deposit with 7 interest an amount equal to the following percentages of 8 his basic pay received for that service:

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9 Notwithstanding the foregoing provisions of this subsec

10 tion, the deposit with respect to a period of service re11 ferred to in section 8332 (b) (6) of this title performed 12 before January 1, 1969, shall be an amount equal to 55

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