[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 968 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 968

To amend chapters 83 and 84 of title 5, United States Code, to provide 
 that spouses of Federal public safety officers who are killed in the 
 line of duty, may remarry and continue to receive a survivor annuity, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

 Mrs. Clinton (for herself, Mr. Leahy, and Mr. Corzine) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend chapters 83 and 84 of title 5, United States Code, to provide 
 that spouses of Federal public safety officers who are killed in the 
 line of duty, may remarry and continue to receive a survivor annuity, 
                        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. CONTINUATION OF SURVIVOR ANNUITIES FOR REMARRIED SPOUSES OF 
              FEDERAL PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF 
              DUTY.

    (a) Short Title.--This Act may be cited as the ``Federal Public 
Safety Officer Surviving Spouse Protection Act of 2005''.
    (b) Civil Service Retirement System.--Section 8341 of title 5, 
United States Code, is amended--
            (1) in subsection (b)(3)(B) by striking ``subsection (k)'' 
        and inserting ``subsection (j)'';
            (2) in subsection (d) in clause (ii) of the last 
        undesignated sentence by striking ``subsection (k)'' and 
        inserting ``subsection (j)'';
            (3) in subsection (h)(3)(B)(i) by striking ``subsection 
        (k)'' and inserting ``subsection (j)''; and
            (4) by striking subsection (k) and inserting the following:
    ``(j)(1) In this subsection, the term `Federal public safety 
officer' means--
            ``(A) a law enforcement officer; or
            ``(B) an employee participating under this chapter who is--
                    ``(i) a public safety officer as defined under 
                section 1204 of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3796b); or
                    ``(ii) an employee of the Department of the 
                Treasury who is performing official duties of the 
                Department in an area, if those official duties--
                            ``(I) are related to a major disaster or 
                        emergency that has been, or is later, declared 
                        to exist with respect to the area under the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5121 et 
                        seq.); and
                            ``(II) are determined by the Secretary of 
                        the Treasury to be hazardous duties.
    ``(2) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the 
extent that they provide for termination of a survivor annuity because 
of a remarriage before the age of 55 years) shall not apply if--
            ``(A) the widow, widower, or former spouse was married for 
        at least 30 years to the individual on whose service the 
        survivor annuity is based; or
            ``(B) in the case of a widow or widower the individual on 
        whose service the survivor annuity is based was a Federal 
        public safety officer who was killed in the line of duty.
    ``(3) A remarriage described under paragraph (2) shall not be taken 
into account for purposes of section 8339(j)(5) (B) or (C) or any other 
provision of this chapter which the Office may by regulation identify 
in order to carry out the purposes of this subsection.''.
    (c) Federal Employees Retirement System.--Section 8442(d) of title 
5, United States Code, is amended by striking paragraph (3) and 
inserting the following:
            ``(3)(A) In this paragraph, the term `Federal public safety 
        officer' means--
                    ``(i) a law enforcement officer; or
                    ``(ii) an employee participating under this chapter 
                who is--
                            ``(I) a public safety officer as defined 
                        under section 1204 of the Omnibus Crime Control 
                        and Safe Streets Act of 1968 (42 U.S.C. 3796b); 
                        or
                            ``(II) an employee of the Department of the 
                        Treasury who is performing official duties of 
                        the Department in an area, if those official 
                        duties--
                                    ``(aa) are related to a major 
                                disaster or emergency that has been, or 
                                is later, declared to exist with 
                                respect to the area under the Robert T. 
                                Stafford Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5121 et 
                                seq.); and
                                    ``(bb) are determined by the 
                                Secretary of the Treasury to be 
                                hazardous duties.
            ``(B) Paragraph (1)(B) (relating to termination of a 
        survivor annuity because of a remarriage before the age of 55 
        years) shall not apply if--
                    ``(i) the widow or widower was married for at least 
                30 years to the individual on whose service the 
                survivor annuity is based; or
                    ``(ii) the individual on whose service the survivor 
                annuity is based was a Federal public safety officer 
                who was killed in the line of duty.''.
    (d) Effective Date.--The amendments made by this Act shall take 
effect on January 1, 1988, and apply only to remarriages which occur on 
or after that date.
                                 <all>