Retirement Equity for Pentagon Police Heroes Act of 2011 - Makes provisions of the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) relating to retirement contributions, annuity computations, and mandatory separation applicable to Pentagon Force Protection Agency officers.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1543 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1543
To amend chapters 83 and 84 of title 5, United States Code, to address
retirement for Pentagon Force Protection Agency officers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2011
Mr. Akaka introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend chapters 83 and 84 of title 5, United States Code, to address
retirement for Pentagon Force Protection Agency 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 ``Retirement Equity for Pentagon
Police Heroes Act of 2011''.
SEC. 2. PENTAGON FORCE PROTECTION AGENCY.
(a) Amendments Relating to the Civil Service Retirement System.--
(1) Definitions.--
(A) Civil service retirement system.--Section 8331
of title 5 United States Code is amended--
(i) in paragraph (30), by striking ``and''
at the end;
(ii) in paragraph (31), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(32) `Pentagon Force Protection Agency officer' means an
employee appointed to perform law enforcement and security
functions under section 2674(b) of title 10 whose permanent
duty station is the Pentagon Reservation and who occupies a
position in job series 0083, or any successor position, for
which the rate of basic pay is fixed in accordance with
paragraph (2) of such section.''.
(2) Deductions, contributions, and deposits.--Section 8334
of title 5, United States Code, is amended--
(A) in subsection (a)(1)(A), by striking ``or
customs and border protection officer,'' and inserting
``customs and border protection officer, or Pentagon
Force Protection Agency officer,''; and
(B) in the table contained in subsection (c), by
adding at the end the following:
``Pentagon Force Protection Agency officer 7.5 After the date of enactment of the Pentagon
Force Protection Agency Retirement Act of
2011.''.
(3) Mandatory separation.--Section 8835(b)(1) of title 5,
United States Code, is amended in the first sentence by
striking ``or customs and border protection officer'' and
inserting ``customs and border protection officer, or Pentagon
Force Protection Agency officer''.
(4) Immediate retirement.--Section 8336 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by striking ``or customs
and border protection officer'' and inserting ``customs
and border protection officer, or Pentagon Force
Protection Agency officer''; and
(B) in subsections (m) and (n), by striking ``or as
a customs and border protection officer,'' and
inserting ``as a customs and border protection officer,
or as a Pentagon Force Protection Agency officer,''.
(b) Amendments Relating to the Federal Employees' Retirement
System.--
(1) Definitions.--Section 8401 of title 5, United States
Code, is amended--
(A) in paragraph (35), by striking ``and'' at the
end;
(B) in paragraph (36), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(37) `Pentagon Force Protection Agency officer' means an
employee appointed to perform law enforcement and security
functions under section 2674(b) of title 10 whose permanent
duty station is the Pentagon Reservation and who occupies a
position in job series 0083, or any successor position, for
which the rate of basic pay is fixed in accordance with
paragraph (2) of such section.''.
(2) Immediate retirement.--Paragraphs (1) and (2) of
section 8412(d) of title 5, United States Code, are amended by
striking ``or customs and border protection officer,'' and
inserting ``customs and border protection officer, or Pentagon
Force Protection Agency officer,''.
(3) Computation of basic annuity.--Section 8415(h)(2) of
title 5, United States Code, is amended by striking ``or
customs and border protection officer'' and inserting ``customs
and border protection officer, or Pentagon Force Protection
Agency officer.''.
(4) Deductions from pay.--The table contained in section
8422(a)(3) of title 5, United States Code, is amended by adding
at the end the following:
``Pentagon Force Protection Agency officer 7.5 After the date of enactment of the Pentagon
Force Protection Agency Retirement Act of
2011.''.
(5) Government contributions.--Paragraphs (1)(B)(i) and (3)
of section 8423(a) of title 5, United States Code, are amended
by inserting ``Pentagon Force Protection Agency officers,''
after ``customs and border protection officers,'' each place it
appears.
(6) Mandatory separation.--Section 8425(b)(1) of title 5,
United States Code, is amended--
(A) by striking ``or customs and border protection
officers who'' and inserting ``customs and border
protection officer, or Pentagon Force Protection Agency
officers who''; and
(B) by striking ``or customs and border protection
officer as the case'' and inserting ``customs and
border protection officer, or Pentagon Force Protection
Agency officer, as the case''.
(c) Maximum Age for Original Appointment.--Section 3307 of title 5,
United States Code, is amended by adding at the end the following:
``(h) The Secretary of Defense may determine and fix the maximum
age limit for an original appointment to a position as a Pentagon Force
Protection Agency officer, as defined by section 8401(37).''.
(d) Regulations.--Any regulations necessary to carry out the
amendments made by this section shall be prescribed by the Director of
the Office of Personnel Management, in consultation with the Secretary
of Defense.
(e) Effective Date; Transition Rules.--
(1) Effective date.--The amendments made by this section
shall become effective on the first day of the first pay period
beginning at least 6 months after the date of the enactment of
this Act.
(2) Transition rules.--
(A) Nonapplicability of mandatory separation
provisions to certain individuals.--The amendments made
by subsections (a)(3) and (b)(6), respectively, shall
not apply to an individual first appointed as a
Pentagon Force Protection Agency officer before the
effective date under paragraph (1).
(B) Treatment of prior pentagon force protection
agency officer service.--Nothing in this section or any
amendment made by this section shall be considered to
apply with respect to any service performed as a
Pentagon Force Protection Agency officer before the
effective date under paragraph (1).
(C) Minimum annuity amount.--The annuity of an
individual serving as a Pentagon Force Protection
Agency officer on the effective date under paragraph
(1) pursuant to an appointment made before that date
shall, to the extent that its computation is based on
service rendered as a Pentagon Force Protection Agency
officer on or after that date, be at least equal to the
amount that would be payable--
(i) to the extent that such service is
subject to the Civil Service Retirement System,
by applying section 8339(d) of title 5, United
States Code, with respect to such service; and
(ii) to the extent that such service is
subject to the Federal Employees' Retirement
System, by applying section 8415(d) of title 5,
United States Code, with respect to such
service.
(D) Rule of construction.--Nothing in the amendment
made by subsection (c) shall be considered to apply
with respect to any appointment made before the
effective date under paragraph (1).
(3) Definition.--For purposes of this subsection, the term
``Pentagon Force Protection Agency officer'' has the meaning
given such term by section 8331(32) or 8401(37) of title 5,
United States Code (as amended by this Act).
(4) Exclusion.--Nothing in this Act or any amendment made
by this Act shall be considered to afford any election or to
otherwise apply with respect to any individual who, as of the
day before the date of the enactment of this Act--
(A) holds a position within the Pentagon Force
Protection Agency; and
(B) is considered a law enforcement officer for
purposes of subchapter III of chapter 83 or chapter 84
of title 5, United States Code, by virtue of such
position.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5503)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S5503-5504)
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