[United States Statutes at Large, Volume 117, 108th Congress, 1st Session] [From the U.S. Government Publishing Office, www.gpo.gov] 117 STAT. 1386 Public Law 108-133 108th Congress An Act To amend the Policemen and Firemen's Retirement and Disability Act to permit military service previously performed by members and former members of the Metropolitan Police Department of the District of Columbia, [NOTE: Nov. 22, 2003 - [H.R. 3054]] the Fire Department of the District of Columbia, the United States Park Police, and the United States Secret Service to count as creditable service for purposes of calculating retirement annuities payable to such members upon payment of a contribution by such members, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress [NOTE: District of Columbia Military Retirement Equity Act of 2003.] assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Military Retirement Equity Act of 2003''. SEC. 2. PERMITTING INCLUSION OF PREVIOUS MILITARY SERVICE AS CREDITABLE SERVICE FOR CERTAIN DISTRICT OF COLUMBIA RETIREES. Subsection (c)(8) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-704(h), D.C. Official Code) is amended-- (1) by striking ``(8) Notwithstanding'' and inserting ``(8)(A) Except as provided in subparagraph (B), notwithstanding''; and (2) by adding at the end the following new subparagraph: ``(B)(i)(I) Except as provided in subclause (II), and subject to clause (iv), each member or former member who has performed military service before the date of the separation on which the entitlement to any annuity under this Act is based may elect to retain credit for the service by paying (in accordance with such regulations as the Mayor shall issue) to the office by which the member is employed (or, in the case of a former member, to the appropriate benefits administrator) an amount equal to 7 percent of the amount of the basic pay paid under section 204 of title 37, United States Code, to the member for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the member may provide, or, if the Mayor determines sufficient evidence has not been so provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Mayor under clause (iii). Payment of such amount by an active member must be completed prior to the member's date of retirement or October 1, 2006, whichever is later, for the member to retain credit for the service. ``(II) In any case where military service interrupts creditable service under this subsection and reemployment pursuant to chapter 43 of title 38, United States Code, occurs on or after August 1, 1990, the deposit payable under this clause may not [[Page 1387]] 117 STAT. 1387 exceed the amount that would have been deducted and withheld under this Act from basic pay during the period of creditable service if the member had not performed the period of military service. ``(ii) Any deposit made under clause (i) more than 2 years after the later of-- ``(I) October 1, 2004; or ``(II) the date on which the member making the deposit first becomes a member following the period of military service for which such deposit is due, shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the 2-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under paragraph (5)(B). ``(iii) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Mayor as the Mayor may determine to be necessary for the administration of this subsection. ``(iv) [NOTE: Effective date.] Effective with respect to any period of military service after November 10, 1996, the percentage of basic pay under section 204 of title 37, United States Code, payable under clause (i) shall be equal to the same percentage as would be applicable under subsection (d) of this section for that same period for service as a member subject to clause (i)(II).''. SEC. 3. ADJUSTMENT IN FEDERAL BENEFIT PAYMENTS TO CERTAIN POLICE AND FIRE RETIREES TO TAKE MILITARY SERVICE ADJUSTMENT INTO ACCOUNT. (a) In General.--Section 11012 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 1- 803.02, D.C. Official Code) is amended by adding at the end the following new subsection: ``(f) Treatment of Military Service Credit Purchased by Certain Police and Fire Retirees.--For purposes of subsection (a), in determining the amount of a Federal benefit payment made to an officer or member, the benefit payment to which the officer or member is entitled under the District Retirement Program shall include any amounts which would have been included in the benefit payment under such Program if the amendments made by the District of Columbia Military Retirement Equity Act of 2003 had taken effect prior to the freeze date.''. (b) Conforming Amendment.--Section 11003(5) of such Act (sec. 1- 801.02(5), D.C. Official Code) is amended by inserting ``and (f)'' after ``section 11012(e)''. [[Page 1388]] 117 STAT. 1388 (c) Effective Date.--The [NOTE: Applicability.] amendments made by this section shall apply with respect to Federal benefit payments made after the date of the enactment of this Act. Approved November 22, 2003. LEGISLATIVE HISTORY--H.R. 3054: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 149 (2003): Oct. 8, considered and passed House. Nov. 11, considered and passed Senate.