110th CONGRESS
1st Session
H. R. 1073
To amend the definition of a law enforcement officer under subchapter
III of chapter 83 and chapter 84 of title 5, United States Code, respectively,
to ensure the inclusion of certain positions.
IN THE HOUSE OF REPRESENTATIVES
February 15, 2007
Mr. FILNER (for himself and Mr. MCHUGH) introduced the following bill;
which was referred to the Committee on Oversight and Government Reform
A BILL
To amend the definition of a law enforcement officer under subchapter
III of chapter 83 and chapter 84 of title 5, United States Code, respectively,
to ensure the inclusion of certain positions.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Law Enforcement Officers Equity Act'.
SEC. 2. AMENDMENTS.
(a) Federal Employees' Retirement System-
(1) IN GENERAL- Paragraph (17) of section 8401 of title 5, United States
Code, is amended by striking `and' at the end of subparagraph (C), and
by adding at the end the following:
`(E) an employee (not otherwise covered by this paragraph)--
`(i) the duties of whose position include the investigation or apprehension
of individuals suspected or convicted of offenses against the criminal
laws of the United States; and
`(ii) who is authorized to carry a firearm; and
`(F) an employee of the Internal Revenue Service, the duties of whose
position are primarily the collection of delinquent taxes and the securing
of delinquent returns;'.
(2) CONFORMING AMENDMENT- Section 8401(17)(C) of title 5, United States
Code, is amended by striking `subparagraph (A) and (B)' and inserting
`subparagraphs (A), (B), (E), and (F)'.
(b) Civil Service Retirement System- Paragraph (20) of section 8331 of title
5, United States Code, is amended by inserting after `position.' (in the
matter before subparagraph (A)) the following: `For the purpose of this
paragraph, the employees described in the preceding provision of this paragraph
(in the matter before `including') shall be considered to include an employee,
not otherwise covered by this paragraph, who satisfies clauses (i)-(ii)
of section 8401(17)(E) and an employee of the Internal Revenue Service the
duties of whose position are as described in section 8401(17)(F).'.
(c) Effective Date- Except as provided in section 3, the amendments made
by this section shall take effect on the date of the enactment of this Act,
and shall apply only in the case of any individual first appointed as a
law enforcement officer (within the meaning of those amendments) on or after
such date.
SEC. 3. TREATMENT OF SERVICE PERFORMED BY INCUMBENTS.
(a) Law Enforcement Officer and Service Described-
(1) LAW ENFORCEMENT OFFICER- Any reference to a law enforcement officer
described in this subsection refers to an individual who satisfies the
requirements of section 8331(20) or 8401(17) of title 5, United States
Code (relating to the definition of a law enforcement officer) by virtue
of the amendments made by section 2.
(2) SERVICE- Any reference to service described in this subsection refers
to service performed as a law enforcement officer (as described in this
subsection).
(b) Incumbent Defined- For purposes of this section, the term `incumbent'
means an individual who--
(1) is first appointed as a law enforcement officer (as described in subsection
(a)) before the date of the enactment of this Act; and
(2) is serving as such a law enforcement officer on such date.
(c) Treatment of Service Performed by Incumbents-
(1) IN GENERAL- Service described in subsection (a) which is performed
by an incumbent on or after the date of the enactment of this Act shall,
for all purposes (other than those to which paragraph (2) pertains), be
treated as service performed as a law enforcement officer (within the
meaning of section 8331(20) or 8401(17) of title 5, United States Code,
as appropriate).
(2) RETIREMENT- Service described in subsection (a) which is performed
by an incumbent before, on, or after the date of the enactment of this
Act shall, for purposes of subchapter III of chapter 83 and chapter 84
of title 5, United States Code, be treated as service performed as a law
enforcement officer (within the meaning of such section 8331(20) or 8401(17),
as appropriate), but only if an appropriate written election is submitted
to the Office of Personnel Management within 5 years after the date of
the enactment of this Act or before separation from Government service,
whichever is earlier.
(d) Individual Contributions for Prior Service-
(1) IN GENERAL- An individual who makes an election under subsection (c)(2)
may, with respect to prior service performed by such individual, contribute
to the Civil Service Retirement and Disability Fund the difference between
the unrefunded individual contributions made for such service and the
individual contributions that should have been made for such service if
the amendments made by section 2 had then been in effect.
(2) EFFECT OF NOT CONTRIBUTING- If no part of or less than the full amount
required under paragraph (1) is paid, all prior service of the incumbent
shall remain fully creditable as law enforcement officer service, but
the resulting annuity shall be reduced in a manner similar to that described
in section 8334(d)(2) of title 5, United States Code, to the extent necessary
to make up the amount unpaid.
(3) PRIOR SERVICE DEFINED- For purposes of this section, the term `prior
service' means, with respect to any individual who makes an election under
subsection (c)(2), service (described in subsection (a)) performed by
such individual before the date as of which appropriate retirement deductions
begin to be made in accordance with such election.
(e) Government Contributions for Prior Service-
(1) IN GENERAL- If an incumbent makes an election under subsection (c)(2),
the agency in or under which that individual was serving at the time of
any prior service (referred to in subsection (d)) shall remit to the Office
of Personnel Management, for deposit in the Treasury of the United States
to the credit of the Civil Service Retirement and Disability Fund, the
amount required under paragraph (2) with respect to such service.
(2) AMOUNT REQUIRED- The amount an agency is required to remit is, with
respect to any prior service, the total amount of additional Government
contributions to the Civil Service Retirement and Disability Fund (above
those actually paid) that would have been required if the amendments made
by section 2 had then been in effect.
(3) CONTRIBUTIONS TO BE MADE RATABLY- Government contributions under this
subsection on behalf of an incumbent shall be made by the agency ratably
(on at least an annual basis) over the 10-year period beginning on the
date referred to in subsection (d)(3).
(f) Exemption From Mandatory Separation- Nothing in section 8335(b) or 8425(b)
of title 5, United States Code, shall cause the involuntary separation of
a law enforcement officer (as described in subsection (a)) before the end
of the 3-year period beginning on the date of the enactment of this Act.
(g) Regulations- The Office shall prescribe regulations to carry out this
Act, including--
(1) provisions in accordance with which interest on any amount under subsection
(d) or (e) shall be computed, based on section 8334(e) of title 5, United
States Code; and
(2) provisions for the application of this section in the case of--
(i) satisfies paragraph (1) (but not paragraph (2)) of subsection
(b); and
(ii) serves as a law enforcement officer (as described in subsection
(a)) after the date of the enactment of this Act; and
(B) any individual entitled to a survivor annuity (based on the service
of an incumbent, or of an individual under subparagraph (A), who dies
before making an election under subsection (c)(2)), to the extent of
any rights that would then be available to the decedent (if still living).
(h) Rule of Construction- Nothing in this section shall be considered to
apply in the case of a reemployed annuitant.
END
