Assistant United States Attorney Retirement Benefit Equity Act of 2005 - Grants an assistant United States attorney the same civil service retirement benefits as a law enforcement officer, except as specified.
Includes within the definition of "assistant United States attorney" any other attorney employed by the Department of Justice (DOJ) occupying a position designated by the Attorney General upon finding that the position: (1) involves routine employee responsibilities that are substantially similar to those of assistant U.S. attorneys; and (2) is critical to DOJ's successful accomplishment of an important mission.
Sets forth provisions regarding the designation of attorneys as assistant U.S. attorneys. Requires DOJ to take measures reasonably designed to provide notice to incumbent assistant U.S. attorneys on their election rights and on the effects of making or not making a timely election.
Allows an incumbent to elect, for all purposes, to be treated in accordance with this Act or to be treated as if this Act had never been enacted. Sets forth provisions regarding: (1) time limits for making an election; (2) retroactive effects; and (3) individual contributions for prior service.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2076 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2076
To amend title 5, United States Code, to provide to assistant United
States attorneys the same retirement benefits as are afforded to
Federal law enforcement officers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2005
Mr. Leahy (for himself, Mr. Hatch, Ms. Mikulski, Mr. Durbin, Mr.
DeWine, Mr. Biden, Mrs. Feinstein, Mr. Feingold, Mr. Smith, Mr. Dodd,
Mr. Chambliss, Mr. Rockefeller, Mr. Lieberman, Mrs. Boxer, Mr. Wyden,
Mr. Nelson of Florida, and Mr. Corzine) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide to assistant United
States attorneys the same retirement benefits as are afforded to
Federal law enforcement officers.
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 ``Assistant United States Attorney
Retirement Benefit Equity Act of 2005''.
SEC. 2. RETIREMENT TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS.
(a) Civil Service Retirement System.--
(1) Assistant united states attorney defined.--Section 8331
of title 5, United States Code, is amended--
(A) in paragraph (28), by striking ``and'' at the
end;
(B) in the first paragraph (29), by striking the
period and inserting a semicolon;
(C) in the second paragraph (29)--
(i) by striking ``(29)'' and inserting
``(30)''; and
(ii) by striking the period and inserting
``; and''; and
(D) by adding at the end the following:
``(31) `assistant United States attorney' means--
``(A) an assistant United States attorney under
section 542 of title 28; and
``(B) any other attorney employed by the Department
of Justice occupying a position designated by the
Attorney General upon finding that the position--
``(i) involves routine employee
responsibilities that are substantially similar
to those of assistant United States attorneys;
and
``(ii) is critical to the Department's
successful accomplishment of an important
mission.''.
(2) Retirement treatment.--Chapter 83 of title 5, United
States Code, is amended by adding after section 8351 the
following:
``Sec. 8352. Assistant United States attorneys
``Except as provided under the Assistant United States Attorneys
Retirement Benefit Equity Act of 2005 (including the provisions
relating to the non-applicability of mandatory separation requirements
under section 8335(b) and 8425(b) of this title), an assistant United
States attorney shall be treated in the same manner and to the same
extent as a law enforcement officer for purposes of this chapter.''.
(3) Technical and conforming amendments.--(A) The table of
sections for chapter 83 of title 5, United States Code, is
amended by inserting after the item relating to section 8351
the following:
``8352. Assistant United States attorneys.''
(B) Section 8335(a) of such title is amended by striking
``8331(29)(A)'' and inserting ``8331(30)(A)''.
(b) Federal Employees' Retirement System.--
(1) Assistant united states attorney defined.--Section 8401
of title 5, United States Code, is amended--
(A) in paragraph (34), by striking ``and'' at the
end;
(B) in paragraph (35), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(36) `assistant United States attorney' means--
``(A) an assistant United States attorney under
section 542 of title 28; and
``(B) any other attorney employed by the Department
of Justice occupying a position designated by the
Attorney General upon finding that the position--
``(i) involves routine employee
responsibilities that are substantially similar
to those of assistant United States attorneys;
and
``(ii) is critical to the Department's
successful accomplishment of an important
mission.''.
(2) Retirement treatment.--Section 8402 of title 5, United
States Code, is amended by adding at the end the following:
``(h) Except as provided under the Assistant United States
Attorneys Retirement Benefit Equity Act of 2005 (including the
provisions relating to the non-applicability of mandatory separation
requirements under section 8335(b) and 8425(b) of this title), an
assistant United States attorney shall be treated in the same manner
and to the same extent as a law enforcement officer for purposes of
this chapter.''.
(c) Mandatory Separation.--Sections 8335(b) and 8425(b) of title 5,
United States Code, are amended by adding at the end the following:
``The preceding provisions of this subsection shall not apply in the
case of an assistant United States attorney as defined under section
8331(31) or 8401(36).''.
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first applicable pay period beginning on
or after 120 days after the date of enactment of this Act.
SEC. 3. PROVISIONS RELATING TO INCUMBENTS.
(a) Definitions.--In this section--
(1) the term ``assistant United States attorney'' means--
(A) an assistant United States attorney under
section 542 of title 28, United States Code; and
(B) any other attorney employed by the Department
of Justice occupying a position designated by the
Attorney General upon finding that the position--
(i) involves routine employee
responsibilities that are substantially similar
to those of assistant United States attorneys;
and
(ii) is critical to the Department's
successful accomplishment of an important
mission; and
(2) the term ``incumbent'' means an individual who is
serving as an assistant United States attorney on the effective
date of this section.
(b) Designated Attorneys.--If the Attorney General makes any
designation of an attorney to meet the definition under subsection
(a)(1)(B) for purposes of being an incumbent under this section--
(1) such designation shall be made before the effective
date of this section; and
(2) the Attorney General shall submit to the Office of
Personnel Management before that effective date--
(A) the name of the individual designated; and
(B) the period of service performed by that
individual as an assistant United States attorney
before that effective date.
(c) Notice Requirement.--Not later than 9 months after the date of
enactment of this Act, the Department of Justice shall take measures
reasonably designed to provide notice to incumbents on--
(1) their election rights under this Act; and
(2) the effects of making or not making a timely election
under this Act.
(d) Election Available to Incumbents.--
(1) In general.--An incumbent may elect, for all purposes,
to be treated--
(A) in accordance with the amendments made by this
Act; or
(B) as if this Act had never been enacted.
(2) Failure to elect.--Failure to make a timely election
under this subsection shall be treated in the same way as an
election under paragraph (1)(A), made on the last day allowable
under paragraph (3).
(3) Time limitation.--An election under this subsection
shall not be effective unless the election is made not later
than the earlier of--
(A) 120 days after the date on which the notice
under subsection (c) is provided; or
(B) the date on which the incumbent involved
separates from service.
(e) Limited Retroactive Effect.--
(1) Effect on retirement.--In the case of an incumbent who
elects (or is deemed to have elected) the option under
subsection (d)(1)(A), all service performed by that individual
as an assistant United States attorney and, with respect to (B)
below, including any service performed by such individual
pursuant to an appointment under sections 515, 541, 543, and
546 of title 28, United States Code, shall--
(A) to the extent performed on or after the
effective date of that election, be treated in
accordance with applicable provisions of subchapter III
of chapter 83 or chapter 84 of title 5, United States
Code, as amended by this Act; and
(B) to the extent performed before the effective
date of that election, be treated in accordance with
applicable provisions of subchapter III of chapter 83
or chapter 84 of such title, as if the amendments made
by this Act had then been in effect.
(2) No other retroactive effect.--Nothing in this Act
(including the amendments made by this Act) shall affect any of
the terms or conditions of an individual's employment (apart
from those governed by subchapter III of chapter 83 or chapter
84 of title 5, United States Code) with respect to any period
of service preceding the date on which such individual's
election under subsection (d) is made (or is deemed to have
been made).
(f) Individual Contributions for Prior Service.--
(1) In general.--An individual who makes an election under
subsection (d)(1)(A) shall, with respect to prior service
performed by such individual, deposit, with interest, to the
Civil Service Retirement and Disability Fund the difference
between the individual contributions that were actually made
for such service and the individual contributions that would
have been made for such service if the amendments made by
section 2 of this Act had then been in effect.
(2) Effect of not contributing.--If the deposit required
under paragraph (1) is not 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)(B) of
title 5, United States Code. This paragraph shall not apply in
the case of a disability annuity.
(3) Prior service defined.--For purposes of this section,
the term ``prior service'' means, with respect to any
individual who makes an election (or is deemed to have made an
election) under subsection (d)(1)(A), all service performed as
an assistant United States attorney, but not exceeding 20
years, performed by such individual before the date as of which
applicable retirement deductions begin to be made in accordance
with such election.
(g) Regulations.--Except as provided under section 4, the Office of
Personnel Management shall prescribe regulations necessary to carry out
this Act, including provisions under which any interest due on the
amount described under subsection (e) shall be determined.
(h) Effective Date.--This section shall take effect 120 days after
the date of enactment of this Act.
SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRATIVE ACTIONS.
(a) Regulations.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Attorney General, in consultation
with the Office of Personnel Management, shall promulgate
regulations for designating attorneys described under section
3(a)(1)(B).
(2) Contents.--Any regulation promulgated under paragraph
(1) shall ensure that attorneys designated as assistant United
States attorneys described under section 3(a)(1)(B) have
routine employee responsibilities that are substantially
similar to those of assistant United States attorneys.
(b) Designations.--The designation of any attorney as an assistant
United States attorney described under section 3(a)(1)(B) shall be at
the discretion of the Attorney General.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S13388)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S13388-13389)
Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line