[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6065 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6065
To provide that certain Secret Service employees may elect to
transition to coverage under the District of Columbia Police and Fire
Fighter Retirement and Disability System.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2010
Mr. Ruppersberger introduced the following bill; which was referred to
the Committee on Oversight and Government Reform, and in addition to
the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide that certain Secret Service employees may elect to
transition to coverage under the District of Columbia Police and Fire
Fighter Retirement and Disability System.
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 2010''.
SEC. 2. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE EMPLOYEES.
(a) Definitions.--In this Act:
(1) Board.--The term ``Board'' means the Federal Retirement
Thrift Investment Board.
(2) Covered employee.--The term ``covered employee'' means
an individual who--
(A) was hired as a member of the United States
Secret Service Division or the United States Secret
Service Uniformed Division during the period beginning
on January 1, 1984, through December 31, 1986;
(B) 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;
(C) is serving as a 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 Act;
(D) is participating in the Federal Employees
Retirement System under subchapters II and III of
chapter 84 of title 5, United States Code on the date
of enactment of this Act;
(E) has an amount in the account of that individual
in the Thrift Savings Fund that--
(i) exceeds the transition cost of that
individual; and
(ii) is available for withdrawal (including
availability after application of section 8435
of title 5, United States Code) immediately
before filing an election under subsection (d);
and
(F) files an election to be a covered employee
under subsection (d).
(3) DC retirement system.--The term ``DC Retirement
System'' means the District of Columbia Police and Firefighters
Retirement and Disability System administered under the
provisions of law codified in chapter 7 of title 5 of the
District of Columbia Official Code.
(4) Office of pay and retirement services.--The term
``Office of Pay and Retirement Services'' means the Office of
Pay and Retirement Services of the District of Columbia.
(5) Transition costs.--The term ``transition costs'' means
the amount determined by the Office of Pay and Retirement
Services under subsection (c)(1) with respect to each
individual described under subsection (a)(2) (A), (B), (C), and
(D).
(b) Notifications.--
(1) Initial notification.--Not later than 30 days after the
date of enactment of this Act, the United States Secret Service
shall notify employees of the United States Secret Service that
individuals described under subsection (a)(2) (A), (B), (C),
(D), and (E) are qualified to file an election under subsection
(d).
(2) Notification of transition costs.--Not later than 15
days after the United States Secret Service receives a
determination from the Office of Pay and Retirement Services of
the transition costs of any employee, the United States Secret
Service shall notify that employee of--
(A) the transition costs of that employee; and
(B) if the employee files an election under
subsection (d), the requirement of that employee (in
accordance with the regulations of the Board) to--
(i) complete the withdrawal forms; and
(ii) provide for the transfer of the
transition costs from the account of that
individual in the Thrift Savings Fund.
(c) Transition Costs.--
(1) Determinations.--With respect to each individual
described under subsection (a)(2) (A), (B), (C), and (D), the
Office of Pay and Retirement Services shall determine an amount
equal to--
(A) the difference between--
(i) the amount that the Federal Government
will pay in annuity payments for that
individual (if that individual files an
election under subsection (d)) under the DC
Retirement System during the 11-fiscal year
period beginning with the fiscal year in which
this Act is enacted; and
(ii) the amount that the Federal Government
would have paid (if this Act had not been
enacted) in annuity payments for that
individual under chapter 84 of title 5, United
States Code, during the 11-fiscal year period
beginning with the fiscal year in which this
Act is enacted;
(B) the amount not paid by the Federal Government
and that individual (if that individual files an
election under subsection (d)) as contributions under
title II of the Social Security Act for that individual
during the 11-fiscal year period beginning with the
fiscal year in which this Act is enacted as a result of
the enactment of this Act; and
(C) the amount of future loss in Federal tax
revenues (if that individual files an election under
subsection (d)) resulting from a withdrawal made under
subsection (e)(2)(B)(ii)(I) based on, during the 11-
fiscal year period beginning with the fiscal year in
which this Act is enacted--
(i) the amount in the account of that
individual in the Thrift Savings Fund; and
(ii) the age and years of Federal service
of that individual.
(2) Transmission of determinations.--The Office of Pay and
Retirement Services shall transmit the determinations made
under this subsection to the United States Secret Service,
including with respect to each individual described under
subsection (a)(2) (A), (B), (C), and (D)--
(A) the amount described under paragraph (1)(A) of
this subsection;
(B) the amount described under paragraph (1)(B) of
this subsection; and
(C) the amount described under paragraph (1)(C) of
this subsection.
(3) Additional resources.--
(A) In general.--The Office of Pay and Retirement
Services may enter into contracts as necessary to
enable that Office to carry out activities under this
subsection.
(B) Authorization of appropriations.--There are
authorized to be appropriated not to exceed $75,000 to
carry out this paragraph.
(4) No payment by the federal government.--The Federal
Government shall not pay any transition costs. Transition costs
shall be covered by amounts in the accounts in the Thrift
Savings Fund of covered employees.
(d) Election of Coverage.--Not later than 60 days after receiving
notification under subsection (b)(2), an individual described under
subsection (a)(2) (A), (B), (C), (D), and (E) may file an election with
the United States Secret Service to be a covered employee and to
transition to the DC Retirement System.
(e) Retirement Coverage Conversion.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and in consultation with the Secretary
of Homeland Security and the Board, the Office of Personnel
Management shall prescribe regulations to carry out the
responsibilities of the Federal Government under this Act. The
regulations prescribed under this paragraph shall provide for
transition of covered employees from the Federal Employees
Retirement System to the Civil Service Retirement System.
(2) Treatment of covered employees.--
(A) Election of coverage.--
(i) In general.--After a covered employee
files an election under subsection (d), the
covered employee shall be converted from the
Federal Employees Retirement System to the
Civil Service Retirement System subject to
clause (ii).
(ii) Coverage in dc retirement system.--
(I) In general.--
(aa) Application of dc
retirement system.--Except as
provided under subclauses (III)
and (IV), the provisions of law
codified in chapter 7 of title
5 of the District of Columbia
Official Code shall apply with
respect to a covered employee
on the date on which the
covered employee transitions to
the Civil Service Retirement
System.
(bb) Nonapplication of fers
or csrs.--A covered employee to
whom this clause applies shall
not have coverage under the
Federal Employees Retirement
System or the Civil Service
Retirement System.
(II) Authorization for district of
columbia.--The government of the
District of Columbia shall provide for
the coverage of covered employees in
the DC Retirement System in accordance
with this Act.
(III) United states secret
service.--Notwithstanding subsection
(b) of the Policemen and Firemen's
Retirement and Disability Act (section
5-703 of title 5 of the District of
Columbia Official Code), a covered
employee who is a member of the United
States Secret Service Division shall be
authorized to transfer all funds to his
credit in the Civil Service Retirement
and Disability Fund continued by
sections 8331(5) and 8348 of title 5,
United States Code, to the
Contributions for Annuity Benefits,
United States Secret Service
appropriations account of the
Department of Homeland Security and
after the transfer of such funds the
salary of such member shall be subject
to the same deductions for credit to
the Contributions for Annuity Benefits,
United States Secret Service
appropriations account of the
Department of Homeland Security as the
deductions from salaries of other
members under the Policemen and
Firemen's Retirement and Disability Act
(subchapter I of chapter 7 of title 5
of the District of Columbia Official
Code), and that member shall be
entitled to the same benefits as the
other members to whom such Act applies.
(IV) United states secret service
uniformed division.--In the
administration of this clause, a
covered employee who is a member of the
United States Secret Service Uniformed
Division shall be authorized to
transfer all funds to his credit in the
Civil Service Retirement and Disability
Fund continued by sections 8331(5) and
8348 of title 5, United States Code, to
the Contributions for Annuity Benefits,
United States Secret Service
appropriations account of the
Department of Homeland Security and
after the transfer of such funds the
salary of such member shall be subject
to the same deductions for credit to
the Contributions for Annuity Benefits,
United States Secret Service
appropriations account of the
Department of Homeland Security as the
deductions from salaries of other
members under the Policemen and
Firemen's Retirement and Disability Act
(subchapter I of chapter 7 of title 5
of the District of Columbia Official
Code), and that member shall be
entitled to the same benefits as the
other members to whom such Act applies.
(B) Thrift savings plan.--
(i) Treatment as separation from government
employment.--For purposes of subchapter III of
chapter 84 of title 5, United States Code, a
covered employee who is converted under
subparagraph (A) of this paragraph shall be
treated as a transferred employee who is
separated from Government employment described
under section 8431 of that title.
(ii) Withdrawal and transfer from thrift
savings account.--
(I) In general.--Subject to section
8435 of title 5, United States Code, a
covered employee shall make a single
withdrawal from the account of that
employee in the Thrift Savings Fund in
an amount equal to the transition costs
of that employee for transfer by the
Executive Director under subclause
(II).
(II) Transfer and deposit.--The
Executive Director appointed under
section 8474 of title 5, United States
Code, shall transfer from the amount of
any withdrawal made under subclause
(I)--
(aa) an amount equal to the
amount described under
subsection (c)(1)(A) for
deposit into the Contributions
for Annuity Benefits, United
States Secret Service
appropriations account of the
Department of Homeland
Security;
(bb) an amount equal to the
amount described under
subsection (c)(1)(B) for
deposit into the Federal Old-
Age and Survivors Insurance
Trust Fund and the Federal
Disability Insurance Trust Fund
in such proportions as
determined by the Secretary of
the Treasury; and
(cc) an amount equal to the
amount described under
subsection (c)(1)(C) for
deposit into the general fund
of the United States Treasury.
(III) Tax rollover treatment.--
Notwithstanding section 8433(c) (2),
(3), and (4) of title 5, United States
Code, any transfer made under subclause
(II) shall be treated as a direct
transfer described under section
402(e)(6) of the Internal Revenue Code
of 1986.
(C) Forfeiture of social security benefits.--
(i) Contributions.--Upon conversion into
the Civil Service Retirement System, a covered
employee shall forfeit all contributions made
for purposes of title II of the Social Security
Act on the basis of the covered employee's
employment with the United States Secret
Service under sections 3101(a) and 3111(a) of
the Internal Revenue Code of 1986. All
forfeited funds shall remain in the Federal
Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund, as
applicable. Notwithstanding paragraphs (4) and
(5) of section 205(c) of the Social Security
Act, the Commissioner of Social Security shall
change or delete any entry with respect to
wages of a covered employee that are forfeited
under this clause.
(ii) Benefits.--
(I) In general.--No individual
shall be entitled to any benefit under
title II of the Social Security Act
based on wages for which the
contributions were forfeited under
clause (i).
(II) No effect on medicare
benefits.--Notwithstanding the
forfeiture by a covered employee under
clause (i), such contributions shall
continue to be treated as having been
made while performing medicare
qualified government employment (as
defined in section 210(p) of the Social
Security Act) for purposes of sections
226 and 226A of that Act.
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