To amend chapters 83 and 84 of title 5, United States Code, to provide that spouses of Federal public safety officers who are killed in the line of duty, may remarry and continue to receive a survivor annuity, and for other purposes.

April 28, 2005

Mrs. CLINTON (for herself, Mr. LEAHY, and Mr. CORZINE) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

To amend chapters 83 and 84 of title 5, United States Code, to provide that spouses of Federal public safety officers who are killed in the line of duty, may remarry and continue to receive a survivor annuity, and for other purposes.

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

SECTION 1. CONTINUATION OF SURVIVOR ANNUITIES FOR REMARRIED SPOUSES OF FEDERAL PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF DUTY.

(a) Short Title- This Act may be cited as the `Federal Public Safety Officer Surviving Spouse Protection Act of 2005'.

(b) Civil Service Retirement System- Section 8341 of title 5, United States Code, is amended--

(1) in subsection (b)(3)(B) by striking `subsection (k)' and inserting `subsection (j)';

(2) in subsection (d) in clause (ii) of the last undesignated sentence by striking `subsection (k)' and inserting `subsection (j)';

(3) in subsection (h)(3)(B)(i) by striking `subsection (k)' and inserting `subsection (j)'; and

(4) by striking subsection (k) and inserting the following:

`(j)(1) In this subsection, the term `Federal public safety officer' means--

`(A) a law enforcement officer; or

`(B) an employee participating under this chapter who is--

`(i) a public safety officer as defined under section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or

`(ii) an employee of the Department of the Treasury who is performing official duties of the Department in an area, if those official duties--

`(I) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and

`(II) are determined by the Secretary of the Treasury to be hazardous duties.

`(2) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before the age of 55 years) shall not apply if--

`(A) the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based; or

`(B) in the case of a widow or widower the individual on whose service the survivor annuity is based was a Federal public safety officer who was killed in the line of duty.

`(3) A remarriage described under paragraph (2) shall not be taken into account for purposes of section 8339(j)(5) (B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.'.

(c) Federal Employees Retirement System- Section 8442(d) of title 5, United States Code, is amended by striking paragraph (3) and inserting the following:

`(3)(A) In this paragraph, the term `Federal public safety officer' means--

`(i) a law enforcement officer; or

`(ii) an employee participating under this chapter who is--

`(I) a public safety officer as defined under section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or

`(II) an employee of the Department of the Treasury who is performing official duties of the Department in an area, if those official duties--

`(aa) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and

`(bb) are determined by the Secretary of the Treasury to be hazardous duties.

`(B) Paragraph (1)(B) (relating to termination of a survivor annuity because of a remarriage before the age of 55 years) shall not apply if--

`(i) the widow or widower was married for at least 30 years to the individual on whose service the survivor annuity is based; or

`(ii) the individual on whose service the survivor annuity is based was a Federal public safety officer who was killed in the line of duty.'.

(d) Effective Date- The amendments made by this Act shall take effect on January 1, 1988, and apply only to remarriages which occur on or after that date.

END