Law Enforcement Officers Equity Act
This bill expands the definition of law enforcement officer under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS).
Specifically, the bill expands the definition to include (1) federal employees whose duties encompass the investigation or apprehension of suspected or convicted criminals and who are authorized to carry a firearm; (2) Internal Revenue Service employees whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns; (3) U.S. Postal Inspection Service employees; (4) Department of Veterans Affairs police officers; and (5) certain U.S. Customs and Border Protection employees who are seized-property specialists with duties relating to custody, management, and disposition of seized and forfeited property.
The bill deems service performed by an incumbent law enforcement officer on or after the enactment date of this bill to be service performed as a law enforcement officer for retirement purposes. The past service of such incumbents shall be treated as service performed by a law enforcement officer for retirement purposes only if a written election is submitted to the Office of Personnel Management within five years after the enactment of this bill or before separation from government service, whichever is earlier. An incumbent who makes an election before the enactment of this bill may pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service.
A law enforcement officer shall not be subject to mandatory separation during the three-year period beginning on the enactment of this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1322 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1322
To amend title 5, United States Code, to include certain Federal
positions within the definition of law enforcement officer for
retirement purposes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023
Mr. Pascrell (for himself, Mr. Fitzpatrick, Mr. Garbarino, and Mr.
Connolly) introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to include certain Federal
positions within the definition of law enforcement officer for
retirement purposes, and for other purposes.
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. INCLUDING CERTAIN POSITIONS WITHIN THE DEFINITION OF LAW
ENFORCEMENT OFFICER FOR PURPOSES OF RETIREMENT.
(a) Federal Employees Retirement System.--Section 8401(17) of title
5, United States Code, is amended--
(1) in subparagraph (C)--
(A) by striking ``subparagraph (A) and (B)'' and
inserting ``subparagraphs (A), (B), (E), (F), (G), (H),
and (I)''; and
(B) by striking ``and'' at the end; and
(2) 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;
``(F) an employee of the Internal Revenue Service,
the duties of whose position are primarily the--
``(i) collection of delinquent taxes; and
``(ii) securing of delinquent returns;
``(G) an employee of the United States Postal
Inspection Service;
``(H) an employee of the Department of Veterans
Affairs who is a Department police officer under
section 902 of title 38; and
``(I) an employee of U.S. Customs and Border
Protection--
``(i) who is a seized property specialist
in the GS-1801 job series; and
``(ii) the duties of whose position include
activities relating to the efficient and
effective custody, management, and disposition
of seized and forfeited property;''.
(b) Civil Service Retirement System.--Section 8331(20) of title 5,
United States Code, is amended, in the matter preceding subparagraph
(A)--
(1) by inserting ``and an individual described in any of
subparagraphs (E) through (I) of section 8401(17)'' after
``United States''; and
(2) by striking ``this activity'' and inserting ``such
activity or described in any such subparagraph''.
(c) Application.--The amendments made by this section shall apply
to any--
(1) individual who is appointed as a law enforcement
officer--
(A) as defined in section 8331(20) or 8401(17) of
title 5, United States Code (as amended by this
section); and
(B) on or after the date of enactment of this Act;
and
(2) incumbent (as defined in section 3(a)(3)), consistent
with the requirements of section 3.
SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Personnel Management;
(2) the term ``Fund'' means the Civil Service Retirement
and Disability Fund;
(3) the term ``incumbent'' means an individual who--
(A) was appointed as a law enforcement officer
before the date of enactment of this Act; and
(B) is serving as a law enforcement officer on the
date of enactment of this Act;
(4) the term ``law enforcement officer'' means an
individual who satisfies the requirements of section 8331(20)
or 8401(17) of title 5, United States Code, by virtue of the
amendments made by section 2;
(5) the term ``prior service'' means, with respect to an
incumbent who makes an election under subsection (b)(2),
service performed by the incumbent before the date on which
appropriate retirement deductions begin to be made under the
election; and
(6) the term ``service'' means service performed by an
individual as a law enforcement officer.
(b) Treatment of Service Performed by Incumbents.--
(1) Service on or after date of enactment.--Service
performed by an incumbent on or after the date of enactment of
this Act shall be treated as service performed as a law
enforcement officer.
(2) Service before date of enactment.--Service performed by
an incumbent before the date of 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 only if the incumbent submits a
written election to the Director by the earlier of--
(A) the date that is 5 years after the date of
enactment of this Act; or
(B) the day before the date on which the incumbent
separates from the service.
(c) Individual Contributions for Prior Service.--
(1) In general.--An incumbent who makes an election under
subsection (b)(2) may, with respect to prior service performed
by the incumbent, pay a deposit into the Fund equal to the sum
of--
(A) the difference between--
(i) the amount that would have been
deducted during the period of prior service
under section 8334 or 8422 of title 5, United
States Code, from the pay of the incumbent if
the amendments made by section 2 had been in
effect during the prior service; and
(ii) the amount that was deducted during
the period of prior service under section 8334
or 8422 of title 5, United States Code; and
(B) interest on the amount described in
subparagraph (A)(i), as computed under--
(i) paragraphs (2) and (3) of section
8334(e) of title 5, United States Code; and
(ii) regulations promulgated by the
Director.
(2) Effect of not contributing.--If an incumbent does not
pay the full amount of the deposit described in paragraph (1),
all prior service of the incumbent--
(A) shall remain fully creditable as a law
enforcement officer; and
(B) the resulting annuity shall be reduced--
(i) in a manner similar to that described
in section 8334(d)(2) of title 5, United States
Code; and
(ii) to the extent necessary to make up the
amount unpaid.
(d) Government Contributions for Prior Service.--
(1) In general.--If an incumbent makes an election under
subsection (b)(2), an agency that employed the incumbent during
any prior service of the incumbent shall remit to the Director,
for deposit in the Fund, an amount equal to the sum of--
(A) the difference between--
(i) the total amount of Government
contributions that would have been paid under
section 8334 or 8423 of title 5, United States
Code, if the amendments made by section 2 had
been in effect during the prior service; and
(ii) the total amount of Government
contributions paid under section 8334 or 8423
of title 5, United States Code; and
(B) interest on the amount described in
subparagraph (A)(i), as computed in accordance with--
(i) paragraphs (2) and (3) of section
8334(e) of title 5, United States Code; and
(ii) regulations promulgated by the
Director.
(2) Contributions to be made ratably.--Government
contributions under this subsection on behalf of an incumbent
shall be made by the agency ratably (not less frequently than
annually) over the 10-year period beginning on the date
described in subsection (a)(5).
(e) Exemption From Mandatory Separation.--Notwithstanding section
8335(b) or 8425(b) of title 5, United States Code, a law enforcement
officer shall not be subject to mandatory separation during the 3-year
period beginning on the date of enactment of this Act.
(f) Regulations.--The Director shall prescribe regulations to carry
out this Act, including regulations for the application of this section
in the case of any individual entitled to a survivor annuity (based on
the service of an incumbent who dies before making an election under
subsection (b)(2)), to the extent of any rights that would have been
available to the decedent if still living.
(g) Rule of Construction.--Nothing in this section shall be
considered to apply in the case of a reemployed annuitant.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Accountability.
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