[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1362 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1362
To amend the definition of a law enforcement officer under subchapter
III of chapter 83 and chapter 84 of title 5, United States Code,
respectively, to ensure the inclusion of certain positions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2013
Mr. King of New York (for himself, Mr. Bishop of Georgia, Mr. Capuano,
Ms. Clarke, Mr. Cummings, Mr. Honda, Mr. Meeks, Mr. Moran, Mr. Pocan,
Mr. Sarbanes, and Mr. Sires) introduced the following bill; which was
referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend the definition of a law enforcement officer under subchapter
III of chapter 83 and chapter 84 of title 5, United States Code,
respectively, to ensure the inclusion of certain positions.
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. AMENDMENTS.
(a) Federal Employees Retirement System.--
(1) In general.--Paragraph (17) of section 8401 of title 5,
United States Code, is amended by striking ``and'' at the end
of subparagraph (C), and 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; and
``(F) an employee of the Internal Revenue Service,
the duties of whose position are primarily the
collection of delinquent taxes and the securing of
delinquent returns;''.
(2) Conforming amendment.--Section 8401(17)(C) of title 5,
United States Code, is amended by striking ``subparagraph (A)
and (B)'' and inserting ``subparagraphs (A), (B), (E), and
(F)''.
(b) Civil Service Retirement System.--Paragraph (20) of section
8331 of title 5, United States Code, is amended by inserting after
``position.'' (in the matter before subparagraph (A)) the following:
``For the purpose of this paragraph, the employees described in the
preceding provision of this paragraph (in the matter before
`including') shall be considered to include an employee, not otherwise
covered by this paragraph, who satisfies clauses (i)-(ii) of section
8401(17)(E) and an employee of the Internal Revenue Service the duties
of whose position are as described in section 8401(17)(F).''.
(c) Effective Date.--Except as provided in section 3, the
amendments made by this section shall take effect on the date of the
enactment of this Act, and shall apply only in the case of any
individual first appointed as a law enforcement officer (within the
meaning of those amendments) on or after such date.
SEC. 3. TREATMENT OF SERVICE PERFORMED BY INCUMBENTS.
(a) Law Enforcement Officer and Service Described.--
(1) Law enforcement officer.--Any reference to a law
enforcement officer described in this subsection refers to an
individual who satisfies the requirements of section 8331(20)
or 8401(17) of title 5, United States Code (relating to the
definition of a law enforcement officer) by virtue of the
amendments made by section 2.
(2) Service.--Any reference to service described in this
subsection refers to service performed as a law enforcement
officer (as described in this subsection).
(b) Incumbent Defined.--For purposes of this section, the term
``incumbent'' means an individual who--
(1) is first appointed as a law enforcement officer (as
described in subsection (a)) before the date of the enactment
of this Act; and
(2) is serving as such a law enforcement officer on such
date.
(c) Treatment of Service Performed by Incumbents.--
(1) In general.--Service described in subsection (a) which
is performed by an incumbent on or after the date of the
enactment of this Act shall, for all purposes (other than those
to which paragraph (2) pertains), be treated as service
performed as a law enforcement officer (within the meaning of
section 8331(20) or 8401(17) of title 5, United States Code, as
appropriate).
(2) Retirement.--Service described in subsection (a) which
is performed by an incumbent before, on, or after the date of
the 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
(within the meaning of such section 8331(20) or 8401(17), as
appropriate), but only if an appropriate written election is
submitted to the Office of Personnel Management within 5 years
after the date of the enactment of this Act or before
separation from Government service, whichever is earlier.
(d) Individual Contributions for Prior Service.--
(1) In general.--An individual who makes an election under
subsection (c)(2) may, with respect to prior service performed
by such individual, contribute to the Civil Service Retirement
and Disability Fund the difference between the unrefunded
individual contributions made for such service and the
individual contributions that should have been made for such
service if the amendments made by section 2 had then been in
effect.
(2) Effect of not contributing.--If no part of or less than
the full amount required under paragraph (1) is paid, all prior
service of the incumbent shall remain fully creditable as law
enforcement officer service, but the resulting annuity shall be
reduced in a manner similar to that described in section
8334(d)(2) of title 5, United States Code, to the extent
necessary to make up the amount unpaid.
(3) Prior service defined.--For purposes of this section,
the term ``prior service'' means, with respect to any
individual who makes an election under subsection (c)(2),
service (described in subsection (a)) performed by such
individual before the date as of which appropriate retirement
deductions begin to be made in accordance with such election.
(e) Government Contributions for Prior Service.--
(1) In general.--If an incumbent makes an election under
subsection (c)(2), the agency in or under which that individual
was serving at the time of any prior service (referred to in
subsection (d)) shall remit to the Office of Personnel
Management, for deposit in the Treasury of the United States to
the credit of the Civil Service Retirement and Disability Fund,
the amount required under paragraph (2) with respect to such
service.
(2) Amount required.--The amount an agency is required to
remit is, with respect to any prior service, the total amount
of additional Government contributions to the Civil Service
Retirement and Disability Fund (above those actually paid) that
would have been required if the amendments made by section 2
had then been in effect.
(3) Contributions to be made ratably.--Government
contributions under this subsection on behalf of an incumbent
shall be made by the agency ratably (on at least an annual
basis) over the 10-year period beginning on the date referred
to in subsection (d)(3).
(f) Exemption From Mandatory Separation.--Nothing in section
8335(b) or 8425(b) of title 5, United States Code, shall cause the
involuntary separation of a law enforcement officer (as described in
subsection (a)) before the end of the 3-year period beginning on the
date of the enactment of this Act.
(g) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this Act, including--
(1) provisions in accordance with which interest on any
amount under subsection (d) or (e) shall be computed, based on
section 8334(e) of title 5, United States Code; and
(2) provisions for the application of this section in the
case of--
(A) any individual who--
(i) satisfies paragraph (1) (but not
paragraph (2)) of subsection (b); and
(ii) serves as a law enforcement officer
(as described in subsection (a)) after the date
of the enactment of this Act; and
(B) any individual entitled to a survivor annuity
(based on the service of an incumbent, or of an
individual under subparagraph (A), who dies before
making an election under subsection (c)(2)), to the
extent of any rights that would then be available to
the decedent (if still living).
(h) Rule of Construction.--Nothing in this section shall be
considered to apply in the case of a reemployed annuitant.
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