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108th CONGRESS
1st Session
H. R. 3267
To eliminate certain inequities in the Civil Service Retirement System
and the Federal Employees' Retirement System with respect to the
computation of benefits for law enforcement officers, firefighters, air
traffic controllers, nuclear materials couriers, members of the Supreme
Court and Capitol police, and their survivors, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2003
Mr. Cummings introduced the following bill; which was referred to the
Committee on Government Reform
_______________________________________________________________________
A BILL
To eliminate certain inequities in the Civil Service Retirement System
and the Federal Employees' Retirement System with respect to the
computation of benefits for law enforcement officers, firefighters, air
traffic controllers, nuclear materials couriers, members of the Supreme
Court and Capitol police, and their survivors, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the ``Federal Employees' Benefits Equity Act of 2001''.
civil service retirement system
Sec. 2. (a) Section 8339 of title 5, United States Code, is
amended--
(1) in subsection (d)(1)--
(A) by striking ``(d)(1)'' and inserting
``(d)(1)(A)'';
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(C) by adding at the end the following new
subparagraph:
``(B) If, at any age and after completing 20 years
of service as a law enforcement officer, firefighter,
nuclear materials courier, or member of the Supreme
Court Police, or any combination of such service
totaling at least 20 years, an employee retires under
section 8336(d)(1), or 8337, the annuity of such
employee shall be computed under subparagraph (A).'';
(2) in subsection (e)--
(A) by striking ``(e)'' and inserting ``(e)(1)'';
and
(B) by adding at the end the following new
paragraph:
``(2) If, at any age and after completing 20 years of
service as an air traffic controller, an employee retires under
section 8336(d)(1) or 8337, paragraph (1) shall be applied in
computing the annuity of such employee.''; and
(3) in subsection (q)--
(A) by striking ``(q)'' and inserting ``(q)(1)'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(C) by adding at the end the following new
paragraph:
``(2) If, at any age and after completing 20 years of
service as a member of the Capitol Police or as a law
enforcement officer (or any combination of such service
totaling at least 20 years), a member or former member of the
Capitol Police retires under section 8336(d)(1) or 8337, the
annuity of such member or former member shall be computed under
paragraph (1).''.
(b) Section 8341(d) of title 5, United States Code, is amended--
(1) by inserting the following immediately after the first
sentence: ``For purposes of the preceding sentence, subsections
(b)-(e), (q), and (r) of section 8339 shall be considered as
applying with respect to the employee or Member only if the
employee or Member satisfied the age and service requirements
for application of such subsections to the employee or Member
at the date of death. For this purpose, the decedent shall be
deemed to have been disabled for purposes of retirement under
section 8337 at the time of death.''; and
(2) by striking ``Notwithstanding the preceding sentence''
and inserting ``Notwithstanding the first sentence of this
subsection''.
(c) Section 8342 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(k) When an employee--
``(1) has service as a law enforcement officer,
firefighter, nuclear materials courier, or member of the
Capitol Police or Supreme Court Police for which retirement
deductions were withheld under section 8334(a) or deposited
under section 8334(c) at a higher percentage rate than that
applicable to employees generally; and
``(2)(A) begins to receive an annuity which is not computed
under section 8339 (d) or (q) and, in the case of a member or
former member of the Capitol Police, also does not have his or
her service as a member of the Capitol Police credited in the
computation of an annuity under section 8339 (b) or (c); or
``(B) dies before retiring under this subchapter but leaves
a survivor entitled to an annuity under section 8341 based on
the deceased employee's service, provided that--
``(i) such survivor annuity is not based on an
employee annuity computed under section 8339 (d) or
(q); and
``(ii) where the decedent was a member or former
member of the Capitol Police, such survivor annuity is
not based on an annuity computed under section 8339 (b)
or (c) which includes credit for service as a member of
the Capitol Police--
the difference between the employee deductions for such service
at the higher percentage rate and the employee deductions that
would have been withheld at the rate applicable to employees
generally under section 8334(a)(1), together with interest
computed in accordance with paragraphs (2) and (3) of section
8334(e) and applicable regulations prescribed by the Office,
shall be paid to the annuitant or, in the case of a deceased
employee, to the individual entitled to a lump-sum benefit
under subsection (c).''.
federal employees' retirement system
Sec. 3. (a) Section 8415(d) of title 5, United States Code, is
amended to read as follows:
``(d)(1) The annuity of an employee retiring under subsection (d)
or (e) of section 8412 or under subsection (a), (b), (c), or (d) of
section 8425 is--
``(A) 1\7/10\ percent of that individual's average pay
multiplied by so much of such individual's total service as a
law enforcement officer, firefighter, member of the Capitol
Police or Supreme Court Police, nuclear materials courier, or
air traffic controller as does not exceed 20 years; plus
``(B) 1 percent of that individual's average pay multiplied
by the remainder of such individual's total service.
``(2) If, at any age and after completing 20 years of service as a
law enforcement officer, firefighter, member of the Capitol Police or
Supreme Court Police, or nuclear materials courier, or any combination
of such service totaling at least 20 years, an employee retires under
section 8414(b)(1)(A) or 8451, the annuity of such employee shall be
computed under paragraph (1).
``(3) If, at any age and after completing 20 years of service as an
air traffic controller, an employee retires under section 8414(b)(1)(A)
or 8451, the annuity of such employee shall be computed under paragraph
(1).''.
(b) Section 8424 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(i) When an employee--
``(1) has service as a law enforcement officer,
firefighter, member of the Capitol Police or Supreme Court
Police, air traffic controller, or nuclear materials courier
for which retirement deductions were withheld under section
8422(a) at a higher percentage rate than that applicable to
employees generally; and
``(2)(A) begins to receive an annuity which is not computed
under section 8415(d) and, in the case of a member or former
member of the Capitol Police, also does not have his or her
service as a member of the Capitol Police credited in the
computation of an annuity under section 8415 (b) or (c); or
``(B) dies before having retired under this chapter but
leaves a survivor entitled to an annuity under subchapter IV
based on the deceased employee's service, provided that--
``(i) such survivor annuity is not based on an
employee annuity computed under section 8415(d); and
``(ii) where the decedent was a member or former
member of the Capitol Police, such survivor annuity is
not based on an annuity computed under section 8415 (b)
or (c) which includes service as a member of the
Capitol Police--
the difference between the employee deductions for such service
at the higher percentage rate and the employee deductions that
would have been withheld at the rate applicable to employees
generally under section 8422(a)(2), together with interest
computed in accordance with paragraphs (2) and (3) of section
8334(e) and applicable regulations prescribed by the Office,
shall be paid to the annuitant or, in the case of a deceased
employee, to the individual entitled to a lump-sum benefit
under subsection (d).''.
(c) Section 8442 of title 5, United States Code, is amended--
(1) in subsection (b)(1) by adding at the end the
following:
``For purposes of the preceding sentence, section 8415 (b)-(d) and (g)
shall be considered as applying with respect to the employee or Member
only if the employee or Member satisfied the age and service
requirements for application of such subsections to the employee or
Member at the date of death. For this purpose, the decedent shall be
deemed to have been disabled for purposes of retirement under section
8451 at the time of death.''; and
(2) in subsection (c)(2)(A)(i) by striking ``section 8415''
and inserting ``section 8415, but without regard to subsection
(d) of such section,''.
effective date
Sec. 4. The amendments made by this Act shall take effect on the
date of enactment of this Act and shall apply only with respect to
individuals who, on or after such date of enactment, separate from
employment subject to subchapter III of chapter 83, or chapter 84, of
title 5, United States Code.
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