[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1862 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1862

     To provide that certain Secret Service employees may elect to 
 transition to coverage under the District of Columbia Police and Fire 
               Fighter Retirement and Disability System.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 2009

 Mr. Lieberman introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To provide that certain Secret Service employees may elect to 
 transition to coverage under the District of Columbia Police and Fire 
               Fighter Retirement and Disability System.

    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 ``United States Secret Service 
Retirement Act of 2009''.

SEC. 2. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE EMPLOYEES.

    (a) Definition.--In this Act, the term ``covered employee'' means 
an individual who--
            (1) was hired as a member of the United States Secret 
        Service Division or the United States Secret Service Uniformed 
        Division during the period beginning on January 1, 1984 through 
        December 31, 1986;
            (2) has actively performed duties other than clerical for 
        10 or more years directly related to the protection mission of 
        the United States Secret Service described under section 3056 
        of title 18, United States Code;
            (3) is serving as a member of the United States Secret 
        Service Division or the United States Secret Service Uniformed 
        Division (or any successor entity) on the effective date of 
        this Act; and
            (4) files an election to be a covered employee under 
        subsection (b)(1).
    (b) Election of Coverage.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, an individual described under subsection 
        (a) (1), (2), and (3) may file an election with the United 
        States Secret Service to be a covered employee and to 
        transition to the District of Columbia Police and Firefighters 
        Retirement and Disability System.
            (2) Notification.--Not later than 30 days after the date of 
        enactment of this Act, the Office of Personnel Management and 
        the United States Secret Service shall notify employees of the 
        United States Secret Service of the enactment of this Act and 
        that individuals described under subsection (a) (1), (2), and 
        (3) are qualified to file an election under paragraph (1).
    (c) Retirement Coverage Conversion.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and in consultation with the Secretary 
        of Homeland Security and the Thrift Savings Board, the Office 
        of Personnel Management shall prescribe regulations to carry 
        out the responsibilities of the Federal Government under this 
        Act. The regulations prescribed under this paragraph shall 
        provide for transition of covered employees from the Federal 
        Employees' Retirement System to the Civil Service Retirement 
        System.
            (2) Treatment of covered employees.--
                    (A) Election of coverage.--
                            (i) In general.--After a covered employee 
                        files an election under subsection (b)(1), the 
                        covered employee shall, subject to clause (ii), 
                        be converted from the Federal Employees' 
                        Retirement System to the Civil Service 
                        Retirement System.
                            (ii) Coverage in district of columbia 
                        retirement system.--
                                    (I) In general.--Chapter 7 of title 
                                5 of the District of Columbia Code 
                                shall apply with respect to a covered 
                                employee on the date on which the 
                                covered employee transitions to the 
                                Civil Service Retirement System.
                                    (II) Authorization for district of 
                                columbia.--The government of the 
                                District of Columbia shall provide for 
                                the coverage of covered employees in 
                                the District of Columbia Police and 
                                Firefighters Retirement and Disability 
                                System in accordance with this Act.
                                    (III) United states secret service 
                                uniformed division.--In the 
                                administration of this clause, a 
                                covered employee who is a member of the 
                                United States Secret Service Uniformed 
                                Division shall be authorized to 
                                transfer all funds to his credit in the 
                                Civil Service Retirement and Disability 
                                Fund continued by sections 8331(5) and 
                                8348 of title 5, United States Code, to 
                                the general revenues of the District of 
                                Columbia and after the transfer of such 
                                funds the salary of such member shall 
                                be subject to the same deductions for 
                                credit to the general revenues of the 
                                District of Columbia as the deductions 
                                from salaries of other members under 
                                subchapter I of chapter 7 of title 5 of 
                                the District of Columbia Code, and he 
                                shall be entitled to the same benefits 
                                as the other members to whom such 
                                sections apply.
                    (B) Thrift savings plan.--A covered employee shall 
                forfeit, under procedures prescribed by the Executive 
                Director of the Federal Retirement Thrift Investment 
                Board, all Thrift Savings Plan contributions and 
                associated earnings made by an employing agency 
                pursuant to section 8432(c) of title 5, United States 
                Code. Any amounts remaining in the Thrift Savings Plan 
                account of the covered employee may be transferred to a 
                private account or the District of Columbia Police and 
                Firefighter Retirement and Disability System.
                    (C) Forfeiture of social security benefits.--
                            (i) Contributions.--Upon conversion into 
                        the Civil Service Retirement System, a covered 
                        employee shall forfeit all contributions made 
                        for purposes of title II of the Social Security 
                        Act on the basis of the covered employee's 
                        employment with the United States Secret 
                        Service under sections 3101(a) and 3111(a) of 
                        the Internal Revenue Code of 1986. All 
                        forfeited funds shall remain in the Federal 
                        Old-Age and Survivors Insurance Trust Fund and 
                        the Federal Disability Insurance Trust Fund, as 
                        applicable. Notwithstanding paragraphs (4) and 
                        (5) of section 205(c) of the Social Security 
                        Act, the Commissioner of Social Security shall 
                        change or delete any entry with respect to 
                        wages of a covered employee that are forfeited 
                        under this clause.
                            (ii) Benefits.--
                                    (I) In general.--No individual 
                                shall be entitled to any benefit under 
                                title II of the Social Security Act 
                                based on wages for which the 
                                contributions were forfeited under 
                                clause (i).
                                    (II) No effect on medicare 
                                benefits.--Notwithstanding the 
                                forfeiture by a covered employee under 
                                clause (i), such contributions shall 
                                continue to be treated as having been 
                                made while performing medicare 
                                qualified government employment (as 
                                defined in section 210(p) of the Social 
                                Security Act) for purposes of sections 
                                226 and 226A of that Act.
            (3) Implementation.--The Office of Personnel Management, 
        the Department of Homeland Security, the Social Security 
        Administration, and the Thrift Savings Board shall take such 
        actions as necessary to provide for the implementation of this 
        Act.
    (d) Effective Date.--
            (1) In general.--Except as provided under paragraph (2), 
        this Act shall take effect on the first day of the first 
        applicable pay period that begins 180 days after the date of 
        enactment of this Act.
            (2) Elections and implementation.--Subsections (b) and 
        (c)(1) and (3) shall take effect on the date of enactment of 
        this Act.
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