[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3054 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3054
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, the Fire Department of the District of Columbia, the United
States Park Police, and the United States Secret Service Uniformed
Division 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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2003
Mr. Tom Davis of Virginia (for himself, Mr. Hoyer, and Mr. Weldon of
Pennsylvania) introduced the following bill; which was referred to the
Committee on Government Reform
_______________________________________________________________________
A BILL
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, the Fire Department of the District of Columbia, the United
States Park Police, and the United States Secret Service Uniformed
Division 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 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 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) 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)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to Federal benefit payments made after the date of
the enactment of this Act.
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