Provides that the pay used to compute monthly compensation based on the death of a federal employee who died from personal injury sustained in the line of duty as a public safety officer, or any survivor annuity under such circumstances, shall be determined based on the pay grade or level which is one grade higher than would otherwise apply.
Entitles anyone who is eligible for such monthly compensation or annuity as the survivor of a public safety officer who died on or after January 1, 1974, to: (1) have such compensation or annuity recomputed upon application submitted within 12 months after enactment of this Act; and (2) a lump-sum payment for the period between January 1, 1974, and the date as of which regular monthly compensation or survivor annuity payments are adjusted to reflect the recomputation.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3833 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3833
To amend chapters 81, 83, and 84 of title 5, United States Code, to
provide for enhanced benefits for survivors of Federal public safety
officers killed in the line of duty.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 15, 2009
Mr. Hall of New York introduced the following bill; which was referred
to the Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend chapters 81, 83, and 84 of title 5, United States Code, to
provide for enhanced benefits for survivors of Federal public safety
officers killed in the line of duty.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. COMPENSATION FOR WORK INJURIES.
Section 8133 of title 5, United States Code, is amended by adding
at the end the following:
``(g)(1) This subsection applies in the case of any employee who
has died as the direct and proximate result of a personal injury
sustained in the line of duty as a public safety officer (within the
meaning of section 1204 of the Omnibus Crime Control and Safe Streets
Act of 1968), as determined under section 1201 of such Act.
``(2) In the computation of any monthly compensation under this
section based on the death of an employee described in paragraph (1),
the monthly pay used in any such computation (before the application of
subsection (e)) shall be determined based on the pay grade or level
which is 1 grade or level higher than the grade or level that, but for
this subsection, would otherwise apply.
``(3) Nothing in this subsection shall be considered to affect any
computation to the extent that the otherwise applicable pay grade or
level was the highest grade or level in effect, at the time of the
service for which the pay was payable, under the pay schedule or system
involved.''.
SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.
Section 8341 of title 5, United States Code, is amended by
inserting after subsection (i) the following:
``(j)(1) This subsection applies in the case of any employee who
has died as the direct and proximate result of a personal injury
sustained in the line of duty as a public safety officer (within the
meaning of section 1204 of the Omnibus Crime Control and Safe Streets
Act of 1968), as determined under section 1201 of such Act.
``(2) In the computation of any survivor annuity under this section
based on the death of an employee described in paragraph (1), the
average pay used in any such computation (to compute such survivor
annuity as a percentage of an annuity imputed to the employee or a
portion thereof) shall, for each rate of basic pay used in the
computation of such average pay, be determined using the pay grade or
level which is 1 grade or level higher than the grade or level that,
but for this subsection, would otherwise apply.
``(3) Nothing in this subsection shall be considered to affect any
computation to the extent that the otherwise applicable pay grade or
level was the highest grade or level in effect, at the time of the
service for which the pay was payable, under the pay schedule or system
involved.''.
SEC. 3. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
(a) In General.--Subchapter IV of chapter 84 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 8446. Computations based on the death of a public safety officer
who dies as a result of injuries sustained in the line of
duty
``(a) This subsection applies in the case of any employee who has
died as the direct and proximate result of a personal injury sustained
in the line of duty as a public safety officer (within the meaning of
section 1204 of the Omnibus Crime Control and Safe Streets Act of
1968), as determined under section 1201 of such Act.
``(b) In the computation of any survivor annuity under this
subchapter based on the death of an employee described in subsection
(a), the average pay used in any such computation (to compute such
survivor annuity as a percentage of an annuity imputed to the employee
or a portion thereof) shall, for each rate of basic pay used in the
computation of such average pay, be determined using the pay grade or
level which is 1 grade or level higher than the grade or level that,
but for this section, would otherwise apply.
``(c) Nothing in this section shall be considered to affect any
computation to the extent that the otherwise applicable pay grade or
level was the highest grade or level in effect, at the time of the
service for which the pay was payable, under the pay schedule or system
involved.''.
(b) Clerical Amendment.--The table of sections for chapter 84 of
title 5, United States Code, is amended by inserting after the item
relating to section 8445 the following:
``8446. Computations based on the death of a public safety officer who
dies as a result of injuries sustained in
the line of duty.''.
SEC. 4. EFFECTIVE DATE; EXCEPTION.
(a) Effective Date.--Except as provided in subsection (b), the
amendments made by this Act shall apply with respect to deaths
occurring on or after the date of the enactment of this Act.
(b) Exception.--
(1) In general.--Any individual who, as of the date of the
enactment of this Act, is entitled (or would, on application,
be entitled) to monthly compensation under chapter 81 of title
5, United States Code, or an annuity under chapter 83 or 84 of
such title 5, as the survivor of a Federal public safety
officer who died on or after January 1, 1974, shall, upon
application submitted within 12 months after the date of the
enactment of this Act, be entitled to have such compensation or
annuity recomputed as if the amendments made by this Act had
been in effect at the time of such employee's death.
(2) Commencement date.--Any recomputation of compensation
or annuity under this subsection shall be effective as of the
commencement date of such compensation or annuity.
(3) Lump-sum payments.--Any amount becoming payable to an
individual under this subsection with respect to any portion of
the period beginning on January 1, 1974, and ending on the date
as of which regular monthly compensation or survivor annuity
payments for such individual are adjusted to reflect the
recomputation required under paragraph (1) shall be payable in
a lump-sum payment, subject to paragraph (4).
(4) Funding.--
(A) In general.--There are authorized to be
appropriated, out of general funds in the Treasury,
such sums as may be necessary to make the lump-sum
payments described in paragraph (3).
(B) Limitation.--To the extent that the total
amount appropriated under subparagraph (A) is less than
the total amounts which (but for this subparagraph)
would otherwise be payable under this subsection, each
amount under paragraph (1) shall be reduced by a
proportionate share of the shortfall, determined
separately for--
(i) benefits under chapter 81 of title 5,
United States Code; and
(ii) benefits under chapters 83 and 84 of
such title, respectively.
(5) Definition.--For purposes of this subsection, the term
``Federal public safety officer'' refers to an employee
described in section 8133(g)(1), 8341(j)(1), or 8446(a) of
title 5, United States Code, as amended by this Act.
(c) Regulations.--Any regulations necessary to carry out this Act
or the amendments made by this Act may--
(1) with respect to benefits under chapter 81 of title 5,
United States Code, be prescribed by the Secretary of Labor;
and
(2) with respect to benefits under chapter 83 or 84 of such
title, be prescribed by the Director of the Office of Personnel
Management.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Referred to the Subcommittee on Federal Workforce, Post Office, and the District of Columbia.
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