United States Secret Service Retirement Act of 2012

United States Secret Service Retirement Act of 2102 - (Sec. 2) Expresses the sense of the Senate that members of the U.S. Secret Service Division and the U.S. Secret Service Uniformed Division hired between January 1, 1984, and December 31, 1986, were promised that they would be eligible to participate in the District of Columbia Police and Firefighters Retirement System (DCPFRS).

(Sec. 3) Amends the Policemen and Fireman's Retirement and Disability Act of the District of Columbia Official Code to allow certain covered employees of the U.S. Secret Service to elect participation in DCPFRS after notifying the Director of the Secret Service and providing certain information and assurances required by the Director. Requires covered employees to make a lump sum payment into a specified appropriations account of the Department of Homeland Security (DHS) equal to the cost of transition into DCPFRS.

Defines "covered employee" for purposes of this Act as an individual who: (1) was appointed during 1984, 1985, or 1986 as a member of the Secret Service Uniformed Division or as a criminal investigator; (2) has actively performed duties other than clerical for 10 or more years directly related to the protection mission of the Secret Service; (3) is serving as an officer or member of the Uniformed Division or is employed by the Secret Service as a criminal investigator, and (4) is covered under the Federal Employees Retirement System (FERS) as of the enactment of this Act.

Requires the Director of the Secret Service to notify each covered employee of eligibility for coverage under the D.C. Fireman's Retirement and Disability Act. Requires notification to such covered employees of the cost of transition from FERS to DCPFRS.

Requires the Office of Pay and Retirement Services of the District of Columbia to determine the cost of transition to DCPFRS for each covered employee and authorizes such Office to enter into contracts for carrying out activities under this Act.

Authorizes appropriations.

(Sec. 4) Requires a covered employee to forfeit all contributions to the Thrift Savings Fund made by an employing agency prior to the effective date of such employee's election under this Act.

(Sec. 5) Makes covered employees who accept employment with another federal agency subject to the same pension offset rules that are applicable to reemployed annuitants under FERS and the Civil Service Retirement System.

(Sec. 6) Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1515 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1515

   To permit certain members of the United States Secret Service and 
certain members of the United States Secret Service Uniformed Division 
who were appointed in 1984, 1985, or 1986 to elect to be covered under 
    the District of Columbia Police and Firefighter Retirement and 
  Disability System in the same manner as members appointed prior to 
                                 1984.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2011

 Mr. Lieberman introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To permit certain members of the United States Secret Service and 
certain members of the United States Secret Service Uniformed Division 
who were appointed in 1984, 1985, or 1986 to elect to be covered under 
    the District of Columbia Police and Firefighter Retirement and 
  Disability System in the same manner as members appointed prior to 
                                 1984.

    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 ``United States Secret Service 
Retirement Act of 2011''.

SEC. 2. AUTHORITY OF CERTAIN MEMBERS OF UNITED STATES SECRET SERVICE TO 
              ELECT COVERAGE UNDER DISTRICT OF COLUMBIA POLICE AND 
              FIREFIGHTER RETIREMENT SYSTEM.

    (a) In General.--Subsection (b) of the Policemen and Firemen's 
Retirement and Disability Act (sec. 5-703, D.C. Official Code) is 
amended--
            (1) by striking ``Whenever any member'' and inserting ``(1) 
        In general.--Whenever any member''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Coverage of Certain Other Employees of Secret Service.--
            ``(A) In general.--Paragraph (1) shall apply with respect 
        to a covered employee in the same manner as such paragraph 
        applies to an individual who is authorized to make a transfer 
        of funds under such paragraph, but only if--
                    ``(i) not later than 60 days after receiving 
                notification of the transition cost associated with the 
                application of paragraph (1) to the covered employee 
                (as provided under section 2(b)(2) of the United States 
                Secret Service Retirement Act of 2011), the covered 
                employee provides a notification to the Director of the 
                United States Secret Service containing such 
                information and assurances as the Director may require;
                    ``(ii) on or before the date the covered employee 
                provides a notification under clause (i), the employee 
                makes a lump sum payment in an amount equal to the 
                transition cost associated with the application of 
                paragraph (1) to the covered employee, in accordance 
                with section 2(c) of the United States Secret Service 
                Retirement Act of 2011; and
                    ``(iii) the covered employee uses the account of 
                the covered employee in the Thrift Savings Fund as the 
                exclusive source of funds for making the lump sum 
                payment under clause (ii).
            ``(B) Adjustment to reflect social security contributions 
        and benefits.--In the case of a covered employee who authorizes 
        a transfer of funds under paragraph (1), such covered employee 
        shall be subject to the same deductions and shall be entitled 
        to the same benefits as provided for under paragraph (1), 
        subject to offset in accordance with section 103(e) of Public 
        Law 100-238 (5 U.S.C. 8334 note).
            ``(C) Covered employee defined.--In this paragraph, the 
        term `covered employee' means an individual who--
                    ``(i) was appointed as an officer or member of the 
                United States Secret Service Division or the United 
                States Secret Service Uniformed Division during 1984, 
                1985, or 1986;
                    ``(ii) has actively performed duties other than 
                clerical for 10 or more years directly related to the 
                protection mission of the United States Secret Service 
                described under section 3056 of title 18, United States 
                Code;
                    ``(iii) is serving as an officer or member of the 
                United States Secret Service Division or the United 
                States Secret Service Uniformed Division (or any 
                successor entity) on the date of enactment of this 
                paragraph; and
                    ``(iv) is participating in the Federal Employees' 
                Retirement System under chapter 84 of title 5, United 
                States Code, on the date of enactment of this 
                paragraph.''.
    (b) Notifications.--
            (1) Initial notification by secret service.--Not later than 
        30 days after the date of the enactment of this Act, the 
        Director of the United States Secret Service shall notify each 
        covered employee that the covered employee may execute an 
        election under this subsection to have paragraph (1) of 
        subsection (b) of the Policemen and Firemen's Retirement and 
        Disability Act (sec. 5-703, D.C. Official Code) apply with 
        respect to the covered employee.
            (2) Notification of transition cost.--Not later than 15 
        days after determining the amount of the transition cost 
        associated with the application of paragraph (1) of subsection 
        (b) of the Policemen and Firemen's Retirement and Disability 
        Act (sec. 5-703, D.C. Official Code) to a covered employee (in 
        accordance with subsection (c)), the Director of the United 
        States Secret Service shall notify the covered employee of such 
        transition cost.
    (c) Transition Cost.--
            (1) Determination of amount.--The transition cost 
        associated with the application of paragraph (1) of subsection 
        (b) of the Policemen and Firemen's Retirement and Disability 
        Act to a covered employee is the amount by which--
                    (A) the estimated present value of the payments 
                which would be payable by the Federal Government to the 
                District of Columbia with respect to such employee 
                during the 11-fiscal year period beginning with the 
                fiscal year in which this Act is enacted if such 
                paragraph applies with respect to the covered employee, 
                exceeds
                    (B) the estimated present value of the benefits 
                which would be payable from the Civil Service 
                Retirement and Disability Fund with respect to such 
                employee during the 11-year period described in 
                subparagraph (A) if such paragraph does not apply with 
                respect to the covered employee.
            (2) Determination.--Not later than 60 days after the date 
        of the enactment of this Act, the Director of the United States 
        Secret Service, in consultation with the Director of the Office 
        of Personnel Management and the Mayor of the District of 
        Columbia, shall determine the transition cost with respect to 
        each covered employee, by applying such assumptions and other 
        methodologies as the Director of the United States Secret 
        Service considers appropriate, consistent with generally 
        accepted actuarial practices and standards.
            (3) Use of distribution from thrift savings plan for lump 
        sum payment.--
                    (A) In general.--For purposes of making the lump 
                sum payment required under paragraph (2) of subsection 
                (b) of the Policemen and Firemen's Retirement and 
                Disability Act, a covered employee shall, subject to 
                section 8435 of title 5, United States Code (to the 
                same extent and in the same manner as a withdrawal 
                under section 8433(h) of such title), direct the 
                Executive Director appointed under section 8474 of such 
                title to make a single withdrawal from the account of 
                the covered employee in the Thrift Savings Fund in an 
                amount equal to the transition cost associated with the 
                covered employee.
                    (B) Transfer to secret service.--Upon being 
                directed by a covered employee to make a withdrawal 
                under subparagraph (A), the Executive Director shall 
                transfer the amount of the withdrawal to the Director 
                of the United States Secret Service for deposit into 
                the Contributions for Annuity Benefits, United States 
                Secret Service appropriations account of the Department 
                of Homeland Security.
    (d) Definition.--In subsections (b) and (c), a ``covered employee'' 
means an individual described in paragraph (2) of subsection (b) of the 
Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. 
Official Code), as added by subsection (a).

SEC. 3. TREATMENT OF REEMPLOYED ANNUITANTS.

    Section 8468 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(k)(1) For purposes of this section, the term `covered District 
of Columbia retiree' means an individual who is receiving benefits 
under the Policemen and Firemen's Retirement and Disability Act--
            ``(A) based in whole or in part on such individual's 
        service as an officer or member of the United States Secret 
        Service Division or the United States Secret Service Uniformed 
        Division; and
            ``(B) pursuant to an election, made under subsection (b)(2) 
        of such Act (sec. 5-703, D.C. Official Code), to transfer to 
        that retirement system from the retirement system under this 
        chapter.
    ``(2) If a covered District of Columbia retiree becomes employed in 
an appointive or elective position (as referred to in subsection (a)), 
an amount equal to the retirement benefits which are payable under the 
Policemen and Firemen's Retirement and Disability Act and allocable to 
the period of actual employment shall be deducted from the pay of the 
reemployed retiree, to the same extent and in the same manner as if 
those retirement benefits were an annuity under this chapter.
    ``(3) The Director of the Office of Personnel Management shall 
prescribe any regulations necessary to carry out this subsection, 
including regulations under which an employing agency shall accept the 
certification of the appropriate official of the government of the 
District of Columbia regarding the amount of retirement benefits being 
paid to a covered District of Columbia retiree for a period during 
which such retiree is employed in the position described in paragraph 
(2).''.

SEC. 4. PAYGO COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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