Title 2, The CongressRelease 119-110
§2051 Continued Benefits for Certain Senate Restaurants Employees
Title 2 › CHAPTER 30 — OPERATION AND MAINTENANCE OF CAPITOL COMPLEX › SUBCHAPTER III — RESTAURANTS › § 2051
Summary
Lets Senate Restaurants workers keep many federal pay and benefits when their jobs move to a private company on July 17, 2008, if the worker files the right choices with the Architect of the Capitol’s Office of Human Resources by the day before the contractor starts. Definitions: contractor = the private company that takes over food services; covered individual = a Senate Restaurants worker employed by the Architect of the Capitol on July 17, 2008 who becomes a contractor employee and, for some benefits, files the election before the transfer date; food services contract = the contract moving the food operations to a private company; transfer date = the day the contractor begins work. If elected, pay cannot be cut below the worker’s rate from the day before the transfer date except for cause. Time worked for the contractor counts as continuous service for retirement, life and health plans, transit subsidies, and leave; leave balances are carried over and leave accrual rates stay the same. The contractor must pay wages, required government contributions, transit subsidies, and other agreed benefits, and the Architect will reimburse the contractor for amounts the contract says the Architect will pay. The Office of Personnel Management and the Thrift Savings Board must make rules to carry this out. Covered workers generally do not get severance pay for moving to the contractor or later job loss, but if their contractor job is ended within the 90-day period after the transfer date (and not for cause) they are eligible for severance and that separation counts as if they left the Architect. The Architect must submit a voluntary separation incentive plan within 30 days after July 17, 2008 and offer the incentive to eligible employees and to covered individuals who accept within the 90-day period. Workers who leave or are separated and have 25 years of service (or 20 years and are at least 50) may get early retirement annuities under the rules described. Contractor commissions go into the Senate contingent fund. The rules take effect July 17, 2008 and apply for that fiscal year and after.
Full Legal Text
Title 2, §2051
The Congress, Source: USLM XML via OLRC
(a)Definitions
In this section: (1) Contractor (2) Covered individual
(3)Food services contract
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.
(4)Transfer date
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
(1)In general
(A)Retirement 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.
(B)Life and health insurance coverage
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.
(2)Notification to the Office of Personnel Management
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
(1)Pay
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.
(2)Retirement and life insurance benefits
(A)In general
(i)Treatment of service
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.
(ii)Treatment of pay
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.
(B)Treatment as Civil Service Retirement Offset employees
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.
(3)Health insurance benefits
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.
(4)Leave
(A)Credit of leave
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.
(B)Accrual rate
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.
(C)Omitted
(5)Transit subsidy
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.
(6)Employee pay; Government contributions; transit subsidy payments; and other benefits
(A)Payment by contractor (B) Reimbursements and payments by 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.
(7)Regulations
(A)Office of Personnel Management
(i)In general
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).
(ii)Contents
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.
(B)Thrift Savings Plan benefits
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
(1)In general
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)
(B)termination of employment with a contractor, or successor to a contractor.
(2)Separation during 90-day period
(A)In general
(i)Covered individuals
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.
(ii)Exception
Clause (i) shall not apply to a covered individual who is terminated for cause.
(B)Treatment
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
(1)Submission of plan
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.
(2)Plan
(A)In general
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.
(B)Treatment of covered individuals
For purposes of the plan under this subsection— (i)
(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 general
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.
(2)Exception
Paragraph (1)(B) shall not apply to a covered individual who is terminated for cause.
(3)Treatment
(A)Annuity
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.
(B)Separation during 90-day period
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
(1), (2) Omitted
(3)Continuing application to certain acts and omissions
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
(1)Senate Restaurants food services contract
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.
(2)Use of funds
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.
Legislative History
Notes & Related Subsidiaries
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 section 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].”
Reference
Citations & Metadata
Citation
2 U.S.C. § 2051
Title 2, The Congress
Last Updated
Sep 23, 2026
Release point: 119-110