[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1515 Reported in Senate (RS)]

                                                       Calendar No. 496
112th CONGRESS
  2d Session
                                S. 1515

                          [Report No. 112-205]

   To permit certain members of the United States Secret Service and 
certain members of the United States Secret Service Uniformed Division 
who were appointed in 1984, 1985, or 1986 to elect to be covered under 
    the District of Columbia Police and Firefighter Retirement and 
  Disability System in the same manner as members appointed prior to 
                                 1984.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2011

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

                            August 28, 2012

Reported, under authority of the order of the Senate of August 2, 2012, 
                  by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To permit certain members of the United States Secret Service and 
certain members of the United States Secret Service Uniformed Division 
who were appointed in 1984, 1985, or 1986 to elect to be covered under 
    the District of Columbia Police and Firefighter Retirement and 
  Disability System in the same manner as members appointed prior to 
                                 1984.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``United States Secret 
Service Retirement Act of 2011''.</DELETED>

<DELETED>SEC. 2. AUTHORITY OF CERTAIN MEMBERS OF UNITED STATES SECRET 
              SERVICE TO ELECT COVERAGE UNDER DISTRICT OF COLUMBIA 
              POLICE AND FIREFIGHTER RETIREMENT SYSTEM.</DELETED>

<DELETED>    (a) In General.--Subsection (b) of the Policemen and 
Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official 
Code) is amended--</DELETED>
        <DELETED>    (1) by striking ``Whenever any member'' and 
        inserting ``(1) In general.--Whenever any member''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(2) Coverage of Certain Other Employees of Secret 
Service.--</DELETED>
        <DELETED>    ``(A) In general.--Paragraph (1) shall apply with 
        respect to a covered employee in the same manner as such 
        paragraph applies to an individual who is authorized to make a 
        transfer of funds under such paragraph, but only if--</DELETED>
                <DELETED>    ``(i) not later than 60 days after 
                receiving notification of the transition cost 
                associated with the application of paragraph (1) to the 
                covered employee (as provided under section 2(b)(2) of 
                the United States Secret Service Retirement Act of 
                2011), the covered employee provides a notification to 
                the Director of the United States Secret Service 
                containing such information and assurances as the 
                Director may require;</DELETED>
                <DELETED>    ``(ii) on or before the date the covered 
                employee provides a notification under clause (i), the 
                employee makes a lump sum payment in an amount equal to 
                the transition cost associated with the application of 
                paragraph (1) to the covered employee, in accordance 
                with section 2(c) of the United States Secret Service 
                Retirement Act of 2011; and</DELETED>
                <DELETED>    ``(iii) the covered employee uses the 
                account of the covered employee in the Thrift Savings 
                Fund as the exclusive source of funds for making the 
                lump sum payment under clause (ii).</DELETED>
        <DELETED>    ``(B) Adjustment to reflect social security 
        contributions and benefits.--In the case of a covered employee 
        who authorizes a transfer of funds under paragraph (1), such 
        covered employee shall be subject to the same deductions and 
        shall be entitled to the same benefits as provided for under 
        paragraph (1), subject to offset in accordance with section 
        103(e) of Public Law 100-238 (5 U.S.C. 8334 note).</DELETED>
        <DELETED>    ``(C) Covered employee defined.--In this 
        paragraph, the term `covered employee' means an individual 
        who--</DELETED>
                <DELETED>    ``(i) was appointed as an officer or 
                member of the United States Secret Service Division or 
                the United States Secret Service Uniformed Division 
                during 1984, 1985, or 1986;</DELETED>
                <DELETED>    ``(ii) 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;</DELETED>
                <DELETED>    ``(iii) is serving as an officer or member 
                of the United States Secret Service Division or the 
                United States Secret Service Uniformed Division (or any 
                successor entity) on the date of enactment of this 
                paragraph; and</DELETED>
                <DELETED>    ``(iv) is participating in the Federal 
                Employees' Retirement System under chapter 84 of title 
                5, United States Code, on the date of enactment of this 
                paragraph.''.</DELETED>
<DELETED>    (b) Notifications.--</DELETED>
        <DELETED>    (1) Initial notification by secret service.--Not 
        later than 30 days after the date of the enactment of this Act, 
        the Director of the United States Secret Service shall notify 
        each covered employee that the covered employee may execute an 
        election under this subsection to have paragraph (1) of 
        subsection (b) of the Policemen and Firemen's Retirement and 
        Disability Act (sec. 5-703, D.C. Official Code) apply with 
        respect to the covered employee.</DELETED>
        <DELETED>    (2) Notification of transition cost.--Not later 
        than 15 days after determining the amount of the transition 
        cost associated with the application of paragraph (1) of 
        subsection (b) of the Policemen and Firemen's Retirement and 
        Disability Act (sec. 5-703, D.C. Official Code) to a covered 
        employee (in accordance with subsection (c)), the Director of 
        the United States Secret Service shall notify the covered 
        employee of such transition cost.</DELETED>
<DELETED>    (c) Transition Cost.--</DELETED>
        <DELETED>    (1) Determination of amount.--The transition cost 
        associated with the application of paragraph (1) of subsection 
        (b) of the Policemen and Firemen's Retirement and Disability 
        Act to a covered employee is the amount by which--</DELETED>
                <DELETED>    (A) the estimated present value of the 
                payments which would be payable by the Federal 
                Government to the District of Columbia with respect to 
                such employee during the 11-fiscal year period 
                beginning with the fiscal year in which this Act is 
                enacted if such paragraph applies with respect to the 
                covered employee, exceeds</DELETED>
                <DELETED>    (B) the estimated present value of the 
                benefits which would be payable from the Civil Service 
                Retirement and Disability Fund with respect to such 
                employee during the 11-year period described in 
                subparagraph (A) if such paragraph does not apply with 
                respect to the covered employee.</DELETED>
        <DELETED>    (2) Determination.--Not later than 60 days after 
        the date of the enactment of this Act, the Director of the 
        United States Secret Service, in consultation with the Director 
        of the Office of Personnel Management and the Mayor of the 
        District of Columbia, shall determine the transition cost with 
        respect to each covered employee, by applying such assumptions 
        and other methodologies as the Director of the United States 
        Secret Service considers appropriate, consistent with generally 
        accepted actuarial practices and standards.</DELETED>
        <DELETED>    (3) Use of distribution from thrift savings plan 
        for lump sum payment.--</DELETED>
                <DELETED>    (A) In general.--For purposes of making 
                the lump sum payment required under paragraph (2) of 
                subsection (b) of the Policemen and Firemen's 
                Retirement and Disability Act, a covered employee 
                shall, subject to section 8435 of title 5, United 
                States Code (to the same extent and in the same manner 
                as a withdrawal under section 8433(h) of such title), 
                direct the Executive Director appointed under section 
                8474 of such title to make a single withdrawal from the 
                account of the covered employee in the Thrift Savings 
                Fund in an amount equal to the transition cost 
                associated with the covered employee.</DELETED>
                <DELETED>    (B) Transfer to secret service.--Upon 
                being directed by a covered employee to make a 
                withdrawal under subparagraph (A), the Executive 
                Director shall transfer the amount of the withdrawal to 
                the Director of the United States Secret Service for 
                deposit into the Contributions for Annuity Benefits, 
                United States Secret Service appropriations account of 
                the Department of Homeland Security.</DELETED>
<DELETED>    (d) Definition.--In subsections (b) and (c), a ``covered 
employee'' means an individual described in paragraph (2) of subsection 
(b) of the Policemen and Firemen's Retirement and Disability Act (sec. 
5-703, D.C. Official Code), as added by subsection (a).</DELETED>

<DELETED>SEC. 3. TREATMENT OF REEMPLOYED ANNUITANTS.</DELETED>

<DELETED>    Section 8468 of title 5, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(k)(1) For purposes of this section, the term `covered 
District of Columbia retiree' means an individual who is receiving 
benefits under the Policemen and Firemen's Retirement and Disability 
Act--</DELETED>
        <DELETED>    ``(A) based in whole or in part on such 
        individual's service as an officer or member of the United 
        States Secret Service Division or the United States Secret 
        Service Uniformed Division; and</DELETED>
        <DELETED>    ``(B) pursuant to an election, made under 
        subsection (b)(2) of such Act (sec. 5-703, D.C. Official Code), 
        to transfer to that retirement system from the retirement 
        system under this chapter.</DELETED>
<DELETED>    ``(2) If a covered District of Columbia retiree becomes 
employed in an appointive or elective position (as referred to in 
subsection (a)), an amount equal to the retirement benefits which are 
payable under the Policemen and Firemen's Retirement and Disability Act 
and allocable to the period of actual employment shall be deducted from 
the pay of the reemployed retiree, to the same extent and in the same 
manner as if those retirement benefits were an annuity under this 
chapter.</DELETED>
<DELETED>    ``(3) The Director of the Office of Personnel Management 
shall prescribe any regulations necessary to carry out this subsection, 
including regulations under which an employing agency shall accept the 
certification of the appropriate official of the government of the 
District of Columbia regarding the amount of retirement benefits being 
paid to a covered District of Columbia retiree for a period during 
which such retiree is employed in the position described in paragraph 
(2).''.</DELETED>

<DELETED>SEC. 4. PAYGO COMPLIANCE.</DELETED>

<DELETED>    The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, shall be 
determined by reference to the latest statement titled ``Budgetary 
Effects of PAYGO Legislation'' for this Act, submitted for printing in 
the Congressional Record by the Chairman of the Senate Budget 
Committee, provided that such statement has been submitted prior to the 
vote on passage.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Secret Service 
Retirement Act of 2012''.

SEC. 2. SENSE OF THE SENATE.

    It is the sense of the Senate that members of the United States 
Secret Service Division and the United States Secret Service Uniformed 
Division hired between January 1, 1984 and December 31, 1986 were 
promised that, in part as a recruitment and retention tool, they would 
be eligible to participate in the District of Columbia Police and 
Firefighters Retirement System.

SEC. 3. AUTHORITY OF CERTAIN MEMBERS OF UNITED STATES SECRET SERVICE TO 
              ELECT COVERAGE UNDER DISTRICT OF COLUMBIA POLICE AND 
              FIREFIGHTER RETIREMENT SYSTEM.

    (a) In General.--Subsection (b) of the Policemen and Firemen's 
Retirement and Disability Act (sec. 5-703, D.C. Official Code) is 
amended--
            (1) by striking ``Whenever any member'' and inserting ``(1) 
        In general.--Whenever any member''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Coverage of Certain Other Employees of Secret Service.--
            ``(A) In general.--Paragraph (1) shall apply with respect 
        to a covered employee in the same manner as such paragraph 
        applies to an individual who is authorized to make a transfer 
        of funds under such paragraph, but only if--
                    ``(i) not later than 60 days after receiving 
                notification of the transition cost associated with the 
                application of paragraph (1) to the covered employee 
                (as provided under section 3(b)(2) of the United States 
                Secret Service Retirement Act of 2012), the covered 
                employee provides a notification to the Director of the 
                United States Secret Service containing such 
                information and assurances as the Director may require; 
                and
                    ``(ii) on or before the date the covered employee 
                provides a notification under clause (i), the employee 
                makes a lump sum payment in an amount equal to the 
                transition cost associated with the application of 
                paragraph (1) to the covered employee, determined in 
                accordance with section 3(c) of the United States 
                Secret Service Retirement Act of 2012, for deposit into 
                the Contributions for Annuity Benefits, United States 
                Secret Service appropriations account of the Department 
                of Homeland Security.
            ``(B) Adjustment to reflect social security contributions 
        and benefits.--In the case of a covered employee who authorizes 
        a transfer of funds under paragraph (1), such covered employee 
        shall be subject to the same deductions and shall be entitled 
        to the same benefits as provided for under paragraph (1), 
        subject to offset in accordance with section 103(e) of Public 
        Law 100-238 (5 U.S.C. 8334 note).
            ``(C) Covered employee defined.--In this paragraph, the 
        term `covered employee' means an individual who--
                    ``(i) was appointed during 1984, 1985, or 1986--
                            ``(I) as a member of the United States 
                        Secret Service Uniformed Division as defined 
                        under section 10201(1) of title 5, United 
                        States Code; or
                            ``(II) to the United States Secret Service 
                        as a criminal investigator as defined under 
                        section 5545a(a)(2) of title 5, United States 
                        Code;
                    ``(ii) 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;
                    ``(iii) is serving as an officer or member of the 
                United States Secret Service Uniformed Division as 
                defined under section 10201(1) of title 5, United 
                States Code, or is employed by the United States Secret 
                Service as a criminal investigator as defined under 
                section 5545a(a)(2) of title 5, United States Code; and
                    ``(iv) is covered under the Federal Employees' 
                Retirement System under chapter 84 of title 5, United 
                States Code, on the date of enactment of this 
                paragraph.''.
    (b) Notifications.--
            (1) Initial notification by secret service.--Not later than 
        30 days after the date of the enactment of this Act, the 
        Director of the United States Secret Service shall notify each 
        covered employee that the covered employee may execute an 
        election under this subsection to have paragraph (1) of 
        subsection (b) of the Policemen and Firemen's Retirement and 
        Disability Act (sec. 5-703, D.C. Official Code) apply with 
        respect to the covered employee.
            (2) Notification of transition cost.--Not later than 15 
        days after determining the amount of the transition cost 
        associated with the application of paragraph (1) of subsection 
        (b) of the Policemen and Firemen's Retirement and Disability 
        Act (sec. 5-703, D.C. Official Code) to a covered employee (in 
        accordance with subsection (c)), the Director of the United 
        States Secret Service shall notify the covered employee of such 
        transition cost.
    (c) Transition Cost.--
            (1) Determination of amount.--The transition cost 
        associated with the application of paragraph (1) of subsection 
        (b) of the Policemen and Firemen's Retirement and Disability 
        Act to a covered employee is the amount by which--
                    (A) the estimated present value of the payments 
                which would be payable by the Federal Government to the 
                District of Columbia with respect to such employee 
                during the 11-fiscal year period beginning with the 
                fiscal year in which this Act is enacted if such 
                paragraph applies with respect to the covered employee, 
                exceeds
                    (B) the estimated present value of the benefits 
                which would be payable from the Civil Service 
                Retirement and Disability Fund with respect to such 
                employee during the 11-year period described in 
                subparagraph (A) if such paragraph does not apply with 
                respect to the covered employee.
            (2) Determination.--
                    (A) In general.--Not later than 60 days after the 
                date of enactment of this Act, the Office of Pay and 
                Retirement Services of the District of Columbia shall 
                determine the transition cost with respect to each 
                covered employee, by applying such assumptions and 
                other methodologies as the Office of Pay and Retirement 
                Services of the District of Columbia considers 
                appropriate, consistent with generally accepted 
                actuarial practices and standards.
                    (B) Additional resources.--
                            (i) In general.--The Office of Pay and 
                        Retirement Services of the District of Columbia 
                        may enter into contracts as necessary to enable 
                        that Office to carry out activities under this 
                        paragraph.
                            (ii) Authorization of appropriations.--
                        There are authorized to be appropriated not to 
                        exceed $75,000 to carry out this paragraph.
    (d) Definition.--In subsections (b) and (c), the term ``covered 
employee'' means an individual described in paragraph (2) of subsection 
(b) of the Policemen and Firemen's Retirement and Disability Act (sec. 
5-703, D.C. Official Code), as added by subsection (a).

SEC. 4. FORFEITURE OF EMPLOYER CONTRIBUTIONS FOR THRIFT SAVINGS PLAN.

    (a) In General.--A covered employee shall forfeit all contributions 
to the Thrift Savings Fund made by an employing agency pursuant to 
section 8432(c) of title 5, United States Code, for the benefit of the 
covered employee before the effective date of the election made by the 
employee under section 3(b) of this Act.
    (b) Definition.--In this section, the term ``covered employee'' 
means an individual described in subparagraph (C) of subsection (b)(2) 
of the Policemen and Firemen's Retirement and Disability Act, as added 
by this Act, who provides a notification in accordance with 
subparagraph (A) of such subsection (b)(2).

SEC. 5. TREATMENT OF REEMPLOYED ANNUITANTS.

    (a) In General.--For purposes of section 8468 of title 5, United 
States Code, a covered employee (as defined in section 4(b) of this 
Act) who is receiving benefits under the Policemen and Firemen's 
Retirement and Disability Act pursuant to an election made under 
section 3(b) of this Act shall be deemed to be an annuitant, as defined 
under section 8401 of title 5, United States Code.
    (b) Regulations.--The Director of the Office of Personnel 
Management shall prescribe any regulations necessary to carry out this 
section, including regulations under which an employing agency shall 
accept the certification of the appropriate official of the government 
of the District of Columbia regarding the amount of retirement benefits 
being paid to a covered District of Columbia retiree for a period 
during which such retiree is employed in an appointive or elective 
position with the agency.

SEC. 6. PAYGO COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
                                                       Calendar No. 496

112th CONGRESS

  2d Session

                                S. 1515

                          [Report No. 112-205]

_______________________________________________________________________

                                 A BILL

   To permit certain members of the United States Secret Service and 
certain members of the United States Secret Service Uniformed Division 
who were appointed in 1984, 1985, or 1986 to elect to be covered under 
    the District of Columbia Police and Firefighter Retirement and 
  Disability System in the same manner as members appointed prior to 
                                 1984.

_______________________________________________________________________

                            August 28, 2012

                       Reported with an amendment