II 112th CONGRESS 1st Session S. 1543 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.
1.
Short title
This Act may be cited as the Retirement Equity for Pentagon Police Heroes Act of 2011.
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 officer7.5After 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 officer7.5After 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.