View all text of Subchapter III [§ 2041 - § 2052]
§ 2051. Continued benefits for certain Senate Restaurants employees
(a) DefinitionsIn this section:
(1) Contractor
(2) Covered individualThe 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
1 See References in Text note below.
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.
(3) Food services contract
(4) Transfer date
(b) Election of coverage
(1) In general
(A) Retirement coverage
(B) Life and health insurance coverage
(2) Notification to the Office of Personnel Management
(c) Continuity of benefits
(1) Pay
(2) Retirement and life insurance benefits
(A) In general
(i) Treatment of service
(ii) Treatment of pay
(B) Treatment as Civil Service Retirement Offset employeesIn 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.
(3) Health insurance benefits
(4) Leave
(A) Credit of leave
(B) Accrual rate
(C) Omitted
(5) Transit subsidy
(6) Employee pay; Government contributions; transit subsidy payments; and other benefits
(A) Payment by contractorA 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 CapitolFrom appropriations made available to the Architect of the Capitol under the span “Senate Office Buildings” under the span “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.
(7) Regulations
(A) Office of Personnel Management
(i) In general
(ii) ContentsRegulations 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
(d) Covered individuals not entitled to severance pay
(1) In generalExcept 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.
(2) Separation during 90-day period
(A) In general
(i) Covered individuals
(ii) Exception
(B) TreatmentFor 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
(1) Submission of plan
(2) Plan
(A) In generalNotwithstanding 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.
(B) Treatment of covered individualsFor 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) In generalThis 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.
(2) Exception
(3) Treatment
(A) Annuity
(B) Separation during 90-day periodFor 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
(1), (2) Omitted
(3) Continuing application to certain acts and omissions
(h) Deposit of commissions
(1) Senate Restaurants food services contract
(2) Use of funds
(i) Effective date
(Pub. L. 110–279, § 1, July 17, 2008, 122 Stat. 2604; Pub. L. 116–21, § 1(a), June 12, 2019, 133 Stat. 903.)