[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7263 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7263

  To amend chapters 81, 83, and 84 of title 5, United States Code, to 
 provide for enhanced benefits for survivors of Federal public safety 
                  officers killed in the line of duty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 3, 2008

Mr. Hall of New York introduced the following bill; which was referred 
          to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
  To amend chapters 81, 83, and 84 of title 5, United States Code, to 
 provide for enhanced benefits for survivors of Federal public safety 
                  officers killed in the line of duty.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COMPENSATION FOR WORK INJURIES.

    Section 8133 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(g)(1) This subsection applies in the case of any employee who 
has died as the direct and proximate result of a personal injury 
sustained in the line of duty as a public safety officer (within the 
meaning of section 1204 of the Omnibus Crime Control and Safe Streets 
Act of 1968), as determined under section 1201 of such Act.
    ``(2) In the computation of any monthly compensation under this 
section based on the death of an employee described in paragraph (1), 
the monthly pay used in any such computation (before the application of 
subsection (e)) shall be determined based on the pay grade or level 
which is 1 grade or level higher than the grade or level that, but for 
this subsection, would otherwise apply.
    ``(3) Nothing in this subsection shall be considered to affect any 
computation to the extent that the otherwise applicable pay grade or 
level was the highest grade or level in effect, at the time of the 
service for which the pay was payable, under the pay schedule or system 
involved.''.

SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.

    Section 8341 of title 5, United States Code, is amended by 
inserting after subsection (i) the following:
    ``(j)(1) This subsection applies in the case of any employee who 
has died as the direct and proximate result of a personal injury 
sustained in the line of duty as a public safety officer (within the 
meaning of section 1204 of the Omnibus Crime Control and Safe Streets 
Act of 1968), as determined under section 1201 of such Act.
    ``(2) In the computation of any survivor annuity under this section 
based on the death of an employee described in paragraph (1), the 
average pay used in any such computation (to compute such survivor 
annuity as a percentage of an annuity imputed to the employee or a 
portion thereof) shall, for each rate of basic pay used in the 
computation of such average pay, be determined using the pay grade or 
level which is 1 grade or level higher than the grade or level that, 
but for this subsection, would otherwise apply.
    ``(3) Nothing in this subsection shall be considered to affect any 
computation to the extent that the otherwise applicable pay grade or 
level was the highest grade or level in effect, at the time of the 
service for which the pay was payable, under the pay schedule or system 
involved.''.

SEC. 3. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

    (a) In General.--Subchapter IV of chapter 84 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 8446. Computations based on the death of a public safety officer 
              who dies as a result of injuries sustained in the line of 
              duty
    ``(a) This subsection applies in the case of any employee who has 
died as the direct and proximate result of a personal injury sustained 
in the line of duty as a public safety officer (within the meaning of 
section 1204 of the Omnibus Crime Control and Safe Streets Act of 
1968), as determined under section 1201 of such Act.
    ``(b) In the computation of any survivor annuity under this 
subchapter based on the death of an employee described in subsection 
(a), the average pay used in any such computation (to compute such 
survivor annuity as a percentage of an annuity imputed to the employee 
or a portion thereof) shall, for each rate of basic pay used in the 
computation of such average pay, be determined using the pay grade or 
level which is 1 grade or level higher than the grade or level that, 
but for this section, would otherwise apply.
    ``(c) Nothing in this section shall be considered to affect any 
computation to the extent that the otherwise applicable pay grade or 
level was the highest grade or level in effect, at the time of the 
service for which the pay was payable, under the pay schedule or system 
involved.''.
    (b) Clerical Amendment.--The table of sections for chapter 84 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 8445 the following:

``8446. Computations based on the death of a public safety officer who 
                            dies as a result of injuries sustained in 
                            the line of duty.''.

SEC. 4. EFFECTIVE DATE; EXCEPTION.

    (a) Effective Date.--Except as provided in subsection (b), the 
amendments made by this Act shall apply with respect to deaths 
occurring on or after the date of the enactment of this Act.
    (b) Exception.--
            (1) In general.--Any individual who, as of the date of the 
        enactment of this Act, is entitled (or would, on application, 
        be entitled) to monthly compensation under chapter 81 of title 
        5, United States Code, or an annuity under chapter 83 or 84 of 
        such title 5, as the survivor of a Federal public safety 
        officer who died on or after January 1, 1974, shall, upon 
        application submitted within 12 months after the date of the 
        enactment of this Act, be entitled to have such compensation or 
        annuity recomputed as if the amendments made by this Act had 
        been in effect at the time of such employee's death.
            (2) Commencement date.--Any recomputation of compensation 
        or annuity under this subsection shall be effective as of the 
        commencement date of such compensation or annuity.
            (3) Lump-sum payments.--Any amount becoming payable to an 
        individual under this subsection with respect to any portion of 
        the period beginning on January 1, 1974, and ending on the date 
        as of which regular monthly compensation or survivor annuity 
        payments for such individual are adjusted to reflect the 
        recomputation required under paragraph (1) shall be payable in 
        a lump-sum payment, subject to paragraph (4).
            (4) Funding.--
                    (A) In general.--There are authorized to be 
                appropriated, out of general funds in the Treasury, 
                such sums as may be necessary to make the lump-sum 
                payments described in paragraph (3).
                    (B) Limitation.--To the extent that the total 
                amount appropriated under subparagraph (A) is less than 
                the total amounts which (but for this subparagraph) 
                would otherwise be payable under this subsection, each 
                amount under paragraph (1) shall be reduced by a 
                proportionate share of the shortfall, determined 
                separately for--
                            (i) benefits under chapter 81 of title 5, 
                        United States Code; and
                            (ii) benefits under chapters 83 and 84 of 
                        such title, respectively.
            (5) Definition.--For purposes of this subsection, the term 
        ``Federal public safety officer'' refers to an employee 
        described in section 8133(g)(1), 8341(j)(1), or 8446(a) of 
        title 5, United States Code, as amended by this Act.
    (c) Regulations.--Any regulations necessary to carry out this Act 
or the amendments made by this Act may--
            (1) with respect to benefits under chapter 81 of title 5, 
        United States Code, be prescribed by the Secretary of Labor; 
        and
            (2) with respect to benefits under chapter 83 or 84 of such 
        title, be prescribed by the Director of the Office of Personnel 
        Management.
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