2 U.S.C. § 2063 — Senate Employee Child Care Center

Page 466 TITLE 2—THE CONGRESS § 2063 made by subsection (a) [amending this section] shall apply with respect to fiscal year 2020 and each suc- ceeding fiscal year.’’ EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–94, div. E, title I, § 117(c), Dec. 20, 2019, 133 Stat. 2761, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to fiscal year 2020 and each succeeding fiscal year.’’ EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–248, § 2(c), Sept. 30, 2010, 124 Stat. 2626, pro- vided that: ‘‘This section [amending this section and enacting provisions set out as a note under this sec- tion] and the amendments made by this section shall take effect October 1, 2010, and shall apply with respect to fiscal year 2011 and each succeeding fiscal year.’’ EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–7, div. H, title I, § 108(b), Feb. 20, 2003, 117 Stat. 355, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to fiscal year 2003 and each succeeding fiscal year.’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–100, § 1(b), Nov. 12, 1999, 113 Stat. 1332, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to children admitted to the House of Representatives Child Care Center on or after the date of the enactment of this Act [Nov. 12, 1999].’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–392, title III, § 319(b), Oct. 6, 1992, 106 Stat. 1725, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to fiscal years beginning after September 30, 1992.’’ TRANSFER OF EXISTING ACCOUNT Pub. L. 111–248, § 2(a)(2), Sept. 30, 2010, 124 Stat. 2625, provided that: ‘‘Any amounts in the account estab- lished by section 312(d)(1) of such Act [2 U.S.C. 2062(d)(1)] as of the day before the effective date of this section [see Effective Date of 2010 Amendment note above], together with any amounts in the House Serv- ices Revolving Fund as of the effective date of this sec- tion which, at the time of deposit into the House Serv- ices Revolving Fund, were designated for purposes of the House Child Care Center, shall be transferred to the House Child Care Center Revolving Fund established by such section, as amended by paragraph (1).’’ RETIREMENT CREDIT FOR CERTAIN PRIOR SERVICE WITH HOUSE CHILD CARE CENTER Pub. L. 103–69, title III, § 309, Aug. 11, 1993, 107 Stat. 711, provided that: ‘‘(a) DEFINITIONS.—For the purpose of this section— ‘‘(1) the term ‘House Child Care Center’ means the House of Representatives Child Care Center; and ‘‘(2) the term ‘Congressional employee’ has the meaning given such term— ‘‘(A) in subchapter III of chapter 83 of title 5, United States Code, to the extent that this section relates to the Civil Service Retirement System; or ‘‘(B) in chapter 84 of title 5, United States Code, to the extent that this section relates to the Fed- eral Employees’ Retirement System. ‘‘(b) CSRS.—(1) Subject to paragraph (2), any indi- vidual who is an employee of the House Child Care Cen- ter on the date of enactment of this Act [Aug. 11, 1993] shall be allowed credit under subchapter III of chapter 83 of title 5, United States Code, as a Congressional em- ployee, for any service if— ‘‘(A) such service was performed before October 1, 1991, as an employee of the House Child Care Center (as constituted before that date); and ‘‘(B) the employee is subject to subchapter III of chapter 83 of such title as of the date of enactment of this Act. ‘‘(2) Credit for service described in paragraph (1)(A) shall not be allowed under this section unless there is paid into the Civil Service Retirement and Disability Fund, by or on behalf of the employee involved, an amount equal to the deductions from pay which would have been applicable under section 8334(c) of title 5, United States Code, for the period of service involved, if such employee were then a Congressional employee, including interest. Retirement credit may not be al- lowed under this section for any such service unless the full amount of the deposit required under the preceding sentence has been paid. ‘‘(c) FERS.—(1) Subject to paragraph (2), any indi- vidual who is an employee of the House Child Care Cen- ter on the date of enactment of this Act [Aug. 11, 1993] shall be allowed credit under chapter 84 of title 5, United States Code, as a Congressional employee, for any service if— ‘‘(A) such service was performed before October 1, 1991, as an employee of the House Child Care Center (as constituted before that date); and ‘‘(B) the employee is subject to chapter 84 of such title as of the date of enactment of this Act. ‘‘(2) Credit for service described in paragraph (1)(A) shall not be allowed under this section unless there is paid into the Civil Service Retirement and Disability Fund, by or on behalf of the employee involved, an amount equal to the deductions from pay which would have been payable under applicable provisions of law, for the period of service involved, if such employee were then a Congressional employee, including interest (computed in the same way as interest under sub- section (b)(2)). Retirement credit may not be allowed under this section for any such service unless the full amount of the deposit required under the preceding sentence has been paid. ‘‘(d) CLARIFICATION.—Nothing in this section shall be considered to relate to the Thrift Savings Plan. ‘‘(e) OPM FUNCTIONS.—The Office of Personnel Man- agement shall— ‘‘(1) prescribe any regulations which may be nec- essary to carry out this section; and ‘‘(2) with respect to any service for which credit is sought under this section, accept the certification of the Clerk of the House of Representatives concerning the period of such service and the amount of pay which was paid for such service.’’ AVAILABILITY OF AMOUNTS DEPOSITED IN ACCOUNT FOR SALARIES AND EXPENSES Pub. L. 102–392, title III, § 307, Oct. 6, 1992, 106 Stat. 1722, provided that: ‘‘The amounts deposited in the ac- count established by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (40 U.S.C. 184g(d)(1)) [now 2 U.S.C. 2062(d)(1)] shall be available for salaries and expenses of the House of Representatives Child Care Center without fiscal year limitation, subject to the approval of the Committee on Appropriations of the House of Representatives.’’ § 2063. Senate Employee Child Care Center (a) Applicability of provisions The provisions of this section shall apply to any individual who is employed by the Senate day care center (known as the ‘‘Senate Em- ployee Child Care Center’’ and hereafter in this section referred to as the ‘‘Center’’) established pursuant to Senate Resolution 269, Ninety- eighth Congress, and section 2061 of this title. (b) Employee election of health care insurance coverage Any individual described under subsection (a) who is employed by the Center on or after Au- Page 467 TITLE 2—THE CONGRESS § 2064 1 So in original. The comma probably should not appear. gust 14, 1991, shall be deemed an employee under section 8901(1) of title 5 for purposes of health insurance coverage under chapter 89 of such title. An individual described under subsection (a) who is an employee of the Center on August 14, 1991, may elect coverage under this sub- section during the 31-day period beginning on August 14, 1991, and during such periods as de- termined by the Office of Personnel Manage- ment for employees of the Center employed after August 14, 1991. (c) Deductions and withholding from employee pay The Center shall make such deductions and withholdings from the pay of an individual de- scribed under subsection (a) who is an employee of the Center in accordance with subsection (d) of this section. (d) Employee records; amount of deductions The Center shall— (1) maintain records on all employees cov- ered under this section in such manner as the Secretary of the Senate may require for ad- ministrative purposes; and (2) after consultation with the Secretary of the Senate— (A) make deductions from the pay of em- ployees of amounts determined in accord- ance with section 8906 of title 5; and (B) transmit such deductions to the Sec- retary of the Senate for deposit and remit- tance to the Office of Personnel Manage- ment. (e) Government contributions Government contributions for individuals re- ceiving benefits under this section, as computed under section 8906 of title 5, shall be made by the Secretary of the Senate from the appropriations account, within the contingent fund of the Sen- ate, ‘‘miscellaneous items’’. (f) Regulations The Office of Personnel Management may pre- scribe regulations to carry out the provisions of this section. (Pub. L. 102–90, title III, § 311, Aug. 14, 1991, 105 Stat. 467.) Editorial Notes REFERENCES IN TEXT For Senate Resolution 269, referred to in subsec. (a), see References in Text note set out under section 2061 of this title. CODIFICATION Section was classified to section 214c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. Statutory Notes and Related Subsidiaries SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND EXPENSES OF SENATE EMPLOYEE CHILD CARE CENTER Pub. L. 116–136, div. B, title IX, § 19001, Mar. 27, 2020, 134 Stat. 577, as amended by Pub. L. 116–260, div. O, title XI, § 1101(a), Dec. 27, 2020, 134 Stat. 2156, provided that: ‘‘(a) REIMBURSEMENTS.—During the period beginning on July 1, 2020 and ending on the termination date of the public health emergency declared pursuant to sec- tion 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic, the Sec- retary of the Senate shall reimburse the Senate Em- ployee Child Care Center for expenses, due to measures taken in the Capitol complex to combat coronavirus, as calculated under subsection (b) and from amounts in the appropriations account ‘Miscellaneous Items’ with- in the contingent fund of the Senate. ‘‘(b) AMOUNT.—The amount of the reimbursement under this section for each month of the period de- scribed in subsection (a) shall be equal to the difference between— ‘‘(1) the lesser of— ‘‘(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center for such month; or ‘‘(B) $105,000; and ‘‘(2) the amount of tuition payments collected by the Center for such month.’’ [For definition of ‘‘coronavirus’’ as used in section 19001 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of this title.] § 2064. Senate Employee Child Care Center em- ployee benefits (a) Election for coverage The provisions of this section shall apply to any individual who— (1)(A) on October 6, 1992, is employed by the Senate day care center (known as the ‘‘Senate Employee Child Care Center’’) established pur- suant to Senate Resolution 269, Ninety-eighth Congress, and section 2061 of this title; and (B) makes an election to be covered by this section with the Secretary of the Senate, no later than 60 days after October 6, 1992; or (2) is hired by the Center after October 6, 1992, and makes an election to be covered by this section with the Secretary of the Senate, no later than 60 days after the date such indi- vidual begins employment. (b) Payment of deposit; payroll deduction (1) Any individual described under subsection (a) may be credited,1 under section 8411 of title 5 for service as an employee of the Senate day care center before January 1, 1993, if such em- ployee makes a payment of the deposit under section 8411(f)(2) of such title without applica- tion of the provisions of section 8411(b)(3) of such title. (2) An individual described under subsection (a) shall be credited under section 8411 of title 5 for any service as an employee of the Senate day care center on or after October 6, 1992, if such employee has such amounts deducted and with- held from his pay as determined by the Office of Personnel Management (in accordance with reg- ulations prescribed by such Office subject to subsection (h) of this section) which would be deducted and withheld from the basic pay of an employee under section 8422 of title 5. (c) Survivor annuities and disability benefits Notwithstanding any other provision of this section, any service performed by an individual described under subsection (a) as an employee of the Senate day care center is deemed to be civil- ian service creditable under section 8411 of title 5 for purposes of qualifying for survivor annu-