Home > 105th Congressional Bills > H.R. 633 (ih) To amend the Foreign Service Act of 1980 to provide that the annuities of certain special agents and security personnel of the Department of State be computed in the same way as applies generally with respect to Federal law enforcement offic...H.R. 633 (ih) To amend the Foreign Service Act of 1980 to provide that the annuities of certain special agents and security personnel of the Department of State be computed in the same way as applies generally with respect to Federal law enforcement offic...
H.R.633
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To amend the Foreign Service Act of 1980 to provide that the annuities
of certain special agents and security personnel of the Department of
State be computed in the same way as applies generally with respect to
Federal law enforcement officers, 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 ``Department of State Special Agents
Retirement Act of 1998''.
SEC. 2. AMENDMENTS RELATING TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY SYSTEM.
(a) Definition of a Special Agent.--
(1) In general.--Section 804 of the Foreign Service Act of 1980
(22 U.S.C. 4044) is amended--
(A) by striking ``and'' at the end of paragraph (13);
(B) by striking the period at the end of paragraph (14) and
inserting ``; and''; and
(C) by adding at the end the following:
``(15) `special agent' means an employee of the Department of
State with a primary skill code of 2501--
``(A) the duties of whose position--
``(i) are primarily--
``(I) the investigation, apprehension, or detention
of individuals suspected or convicted of offenses
against the criminal laws of the United States; or
``(II) the protection of persons pursuant to
section 2709(a)(3) of title 22, United States Code,
against threats to personal safety; and
``(ii) are sufficiently rigorous that employment
opportunities should be limited to young and physically
vigorous individuals, as determined by the Secretary of
State pursuant to section 4823 of title 22, United States
Code;
``(B) performing duties described in subparagraph (A)
before, on, or after the date of the enactment of this
paragraph; or
``(C) transferred directly to a position which is
supervisory or administrative in nature after performing duties
described in subparagraph (A) for at least 3 years.''.
(2) Conforming amendment.--Section 852 of such Act (22 U.S.C.
4071a) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) the term `special agent' has the same meaning given in
section 804(15).''.
(b) Contributions.--
(1) In general.--Section 805(a) of such Act (22 U.S.C. 4045(a))
is amended by adding at the end the following:
``(3) For service as a special agent, paragraph (1) shall be
applied by substituting for `7 percent' the percentage that applies to
law enforcement officers under section 8334(a)(1) of title 5, United
States Code.''.
(2) Conforming amendment.--Section 805(a)(1) (22 U.S.C.
4045(a)(1)) of such Act is amended by striking ``Except as provided
in subsection (h),'' and inserting ``Except as otherwise provided
in this section,''.
(c) Special Contribution for Prior Nondeposit Service.--Section
805(d) of such Act (22 U.S.C. 4045(d)) is amended by adding at the end
the following:
``(6) Subject to paragraph (4) and subsection (h), for purposes of
applying this subsection with respect to prior service as a special
agent, the percentages of basic pay set forth in section 8334(c) of
title 5, United States Code, with respect to a law enforcement officer,
shall apply instead of the percentages set forth in paragraph (1).''.
(d) Computation of Annuities.--
(1) In general.--Section 806(a) of such Act (22 U.S.C. 4046(a))
is amended--
(A) by redesignating paragraph (6) as paragraph (7); and
(B) by inserting after paragraph (5) the following:
``(6)(A) The annuity of a special agent under this subchapter shall
be computed under paragraph (1) except that, in the case of a special
agent described in subparagraph (B), paragraph (1) shall be applied by
substituting for `2 percent'--
``(i) the percentage under subparagraph (A) of section
8339(d)(1) of title 5, United States Code, for so much of the
participant's total service as is specified thereunder; and
``(ii) the percentage under subparagraph (B) of section
8339(d)(1) of title 5, United States Code, for so much of the
participant's total service as is specified thereunder.
``(B) A special agent described in this subparagraph is any such
agent or former agent who--
``(i)(I) retires voluntarily or involuntarily under section
607, 608, 611, 811, 812, or 813, under conditions authorizing an
immediate annuity, other than for cause on charges of misconduct or
delinquency, or retires for disability under section 808; and
``(II) at the time of retirement--
``(aa) if voluntary, is at least 50 years of age and has
completed at least 20 years of service as a special agent; or
``(bb) if involuntary or disability, has completed at least
20 years of service as a special agent; or
``(ii) dies in service after completing at least 20 years of
service as a special agent, when an annuity is payable under
section 809.
``(C) For purposes of subparagraph (B), included with the years of
service performed by an individual as a special agent shall be any
service performed by such individual as a law enforcement officer
(within the meaning of section 8331(20) or section 8401(17) of title 5,
United States Code), or a member of the Capitol Police.''.
(2) Special rule for special agents with prior service under
the foreign service retirement and disability system or the civil
service retirement system.--Section 806(a) of such Act (22 U.S.C.
4046(a)), as amended by paragraph (1), is further amended--
(A) by redesignating paragraph (7) (as so redesignated by
paragraph (1)) as paragraph (8); and
(B) by inserting after paragraph (6) (as added by paragraph
(1)) the following:
``(7) In the case of a special agent who becomes or became
subject to subchapter II--
``(A) for purposes of paragraph (6)(B), any service
performed by the individual as a special agent (whether under
this subchapter or under subchapter II), as a law enforcement
officer (within the meaning of section 8331(20) or section
8401(17) of title 5, United States Code), or as a member of the
Capitol Police shall be creditable; and
``(B) if the individual satisfies paragraph (6)(B), the
portion of such individual's annuity which is attributable to
service under the Foreign Service Retirement and Disability
System or the Civil Service Retirement System shall be computed
in conformance with paragraph (6).''.
(3) Technical and conforming amendments.--
(A) Paragraph (8) of section 806(a) of such Act (22 U.S.C.
4046(a)), as so redesignated by paragraph (2)(A), is amended by
striking ``and (4)'' and inserting ``(4), and (6)''.
(B) Paragraphs (1) and (3) of section 855(b) of such Act
(22 U.S.C. 4071d(b)) are each amended by inserting ``611,''
after ``608,''.
SEC. 3. MANDATORY SEPARATION OF SPECIAL AGENTS.
The first sentence of section 812(a)(2) of the Foreign Service Act
of 1980 (22 U.S.C. 4052(a)(2)) is amended to read as follows:
``Notwithstanding paragraph (1)--
``(A) an individual described in section 4(a)(2) of the
Department of State Special Agents Retirement Act of 1998 who is
otherwise eligible for immediate retirement under this chapter; or
``(B) a Foreign Service criminal investigator/inspector of the
Office of Inspector General of the Agency for International
Development who would have been eligible for retirement pursuant to
either section 8336(c) or 8412(d) of title 5, United States Code,
as applicable, had the employee remained in civil service,
shall be separated from the Service on the last day of the month in
which such individual under subparagraph (A) or such Foreign Service
criminal investigator/inspector under subparagraph (B) attains 57 years
of age or completes 20 years of service if then over that age.''.
SEC. 4. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act--
(1) shall take effect on the date of the enactment of this Act;
and
(2) shall apply with respect to--
(A) any individual first appointed on or after that date as
a special agent who will have any portion of such individual's
annuity computed in conformance with section 806(a)(6) of the
Foreign Service Act; and
(B) any individual making an election under subsection (b),
subject to the provisions of such subsection.
(b) Election for Current Participants.--
(1) Eligibility.--An election under this subsection may be made
by any currently employed participant under chapter 8 of the
Foreign Service Act of 1980 who is serving or has served as a
special agent, or by a survivor of a special agent who was eligible
to make an election under this section.
(2) Effect of an election.--
(A) In general.--If an individual makes an election under
this subsection, the amendments made by this Act shall become
applicable with respect to such individual, subject to
subparagraph (B).
(B) Treatment of prior service.--
(i) Special contribution.--An individual may, after
making the election under this subsection, make a special
contribution up to the full amount of the difference
between the contributions actually deducted from pay for
prior service and the deductions that would have been
required if the amendments made by this Act had then been
in effect. Any special contributions under this clause
shall be computed under regulations based on section 805(d)
of the Foreign Service Act of 1980 (as amended by section
2), including provisions relating to the computation of
interest.
(ii) Actuarial reduction.--
(I) Rule if the special contribution is paid.--If
the full amount of the special contribution under
clause (i) is paid, no reduction under this clause
shall apply.
(II) Rule if less than the entire amount is paid.--
If no special contribution under clause (i) is paid, or
if less than the entire amount of such special
contribution is paid, the recomputed annuity shall be
reduced by an amount sufficient to make up the
actuarial present value of the shortfall.
(c) Regulations and Notice.--Not later than 6 months after the date
of the enactment of this Act, the Secretary of State--
(1) shall promulgate such regulations as may be necessary to
carry out this Act; and
(2) shall take measures reasonably designed to provide notice
to participants as to any rights they might have under this Act.
(d) Election Deadline.--An election under subsection (b) must be
made not later than 90 days after the date on which the relevant notice
under subsection (c)(2) is provided.
(e) Definition.--For purposes of this section, the term ``special
agent'' has the meaning given such term under section 804(15) of the
Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as amended by section
2(a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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