[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1543 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1543

To amend chapters 83 and 84 of title 5, United States Code, to address 
       retirement for Pentagon Force Protection Agency officers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2011

   Mr. Akaka 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 address 
       retirement for Pentagon Force Protection Agency officers.

    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 ``Retirement Equity for Pentagon 
Police Heroes Act of 2011''.

SEC. 2. PENTAGON FORCE PROTECTION AGENCY.

    (a) Amendments Relating to the Civil Service Retirement System.--
            (1) Definitions.--
                    (A) Civil service retirement system.--Section 8331 
                of title 5 United States Code is amended--
                            (i) in paragraph (30), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (31), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(32) `Pentagon Force Protection Agency officer' means an 
        employee appointed to perform law enforcement and security 
        functions under section 2674(b) of title 10 whose permanent 
        duty station is the Pentagon Reservation and who occupies a 
        position in job series 0083, or any successor position, for 
        which the rate of basic pay is fixed in accordance with 
        paragraph (2) of such section.''.
            (2) Deductions, contributions, and deposits.--Section 8334 
        of title 5, United States Code, is amended--
                    (A) in subsection (a)(1)(A), by striking ``or 
                customs and border protection officer,'' and inserting 
                ``customs and border protection officer, or Pentagon 
                Force Protection Agency officer,''; and
                    (B) in the table contained in subsection (c), by 
                adding at the end the following:


``Pentagon Force Protection Agency officer                7.5   After the date of enactment of the Pentagon
                                                                 Force Protection Agency Retirement Act of
                                                                 2011.''.
 

            (3) Mandatory separation.--Section 8835(b)(1) of title 5, 
        United States Code, is amended in the first sentence by 
        striking ``or customs and border protection officer'' and 
        inserting ``customs and border protection officer, or Pentagon 
        Force Protection Agency officer''.
            (4) Immediate retirement.--Section 8336 of title 5, United 
        States Code, is amended--
                    (A) in subsection (c)(1), by striking ``or customs 
                and border protection officer'' and inserting ``customs 
                and border protection officer, or Pentagon Force 
                Protection Agency officer''; and
                    (B) in subsections (m) and (n), by striking ``or as 
                a customs and border protection officer,'' and 
                inserting ``as a customs and border protection officer, 
                or as a Pentagon Force Protection Agency officer,''.
    (b) Amendments Relating to the Federal Employees' Retirement 
System.--
            (1) Definitions.--Section 8401 of title 5, United States 
        Code, is amended--
                    (A) in paragraph (35), by striking ``and'' at the 
                end;
                    (B) in paragraph (36), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(37) `Pentagon Force Protection Agency officer' means an 
        employee appointed to perform law enforcement and security 
        functions under section 2674(b) of title 10 whose permanent 
        duty station is the Pentagon Reservation and who occupies a 
        position in job series 0083, or any successor position, for 
        which the rate of basic pay is fixed in accordance with 
        paragraph (2) of such section.''.
            (2) Immediate retirement.--Paragraphs (1) and (2) of 
        section 8412(d) of title 5, United States Code, are amended by 
        striking ``or customs and border protection officer,'' and 
        inserting ``customs and border protection officer, or Pentagon 
        Force Protection Agency officer,''.
            (3) Computation of basic annuity.--Section 8415(h)(2) of 
        title 5, United States Code, is amended by striking ``or 
        customs and border protection officer'' and inserting ``customs 
        and border protection officer, or Pentagon Force Protection 
        Agency officer.''.
            (4) Deductions from pay.--The table contained in section 
        8422(a)(3) of title 5, United States Code, is amended by adding 
        at the end the following:


``Pentagon Force Protection Agency officer                7.5   After the date of enactment of the Pentagon
                                                                 Force Protection Agency Retirement Act of
                                                                 2011.''.
 

            (5) Government contributions.--Paragraphs (1)(B)(i) and (3) 
        of section 8423(a) of title 5, United States Code, are amended 
        by inserting ``Pentagon Force Protection Agency officers,'' 
        after ``customs and border protection officers,'' each place it 
        appears.
            (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
        United States Code, is amended--
                    (A) by striking ``or customs and border protection 
                officers who'' and inserting ``customs and border 
                protection officer, or Pentagon Force Protection Agency 
                officers who''; and
                    (B) by striking ``or customs and border protection 
                officer as the case'' and inserting ``customs and 
                border protection officer, or Pentagon Force Protection 
                Agency officer, as the case''.
    (c) Maximum Age for Original Appointment.--Section 3307 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(h) The Secretary of Defense may determine and fix the maximum 
age limit for an original appointment to a position as a Pentagon Force 
Protection Agency officer, as defined by section 8401(37).''.
    (d) Regulations.--Any regulations necessary to carry out the 
amendments made by this section shall be prescribed by the Director of 
the Office of Personnel Management, in consultation with the Secretary 
of Defense.
    (e) Effective Date; Transition Rules.--
            (1) Effective date.--The amendments made by this section 
        shall become effective on the first day of the first pay period 
        beginning at least 6 months after the date of the enactment of 
        this Act.
            (2) Transition rules.--
                    (A) Nonapplicability of mandatory separation 
                provisions to certain individuals.--The amendments made 
                by subsections (a)(3) and (b)(6), respectively, shall 
                not apply to an individual first appointed as a 
                Pentagon Force Protection Agency officer before the 
                effective date under paragraph (1).
                    (B) Treatment of prior pentagon force protection 
                agency officer service.--Nothing in this section or any 
                amendment made by this section shall be considered to 
                apply with respect to any service performed as a 
                Pentagon Force Protection Agency officer before the 
                effective date under paragraph (1).
                    (C) Minimum annuity amount.--The annuity of an 
                individual serving as a Pentagon Force Protection 
                Agency officer on the effective date under paragraph 
                (1) pursuant to an appointment made before that date 
                shall, to the extent that its computation is based on 
                service rendered as a Pentagon Force Protection Agency 
                officer on or after that date, be at least equal to the 
                amount that would be payable--
                            (i) to the extent that such service is 
                        subject to the Civil Service Retirement System, 
                        by applying section 8339(d) of title 5, United 
                        States Code, with respect to such service; and
                            (ii) to the extent that such service is 
                        subject to the Federal Employees' Retirement 
                        System, by applying section 8415(d) of title 5, 
                        United States Code, with respect to such 
                        service.
                    (D) Rule of construction.--Nothing in the amendment 
                made by subsection (c) shall be considered to apply 
                with respect to any appointment made before the 
                effective date under paragraph (1).
            (3) Definition.--For purposes of this subsection, the term 
        ``Pentagon Force Protection Agency officer'' has the meaning 
        given such term by section 8331(32) or 8401(37) of title 5, 
        United States Code (as amended by this Act).
            (4) Exclusion.--Nothing in this Act or any amendment made 
        by this Act shall be considered to afford any election or to 
        otherwise apply with respect to any individual who, as of the 
        day before the date of the enactment of this Act--
                    (A) holds a position within the Pentagon Force 
                Protection Agency; and
                    (B) is considered a law enforcement officer for 
                purposes of subchapter III of chapter 83 or chapter 84 
                of title 5, United States Code, by virtue of such 
                position.
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