[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 985 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 985

 To amend the definition of a law enforcement officer under subchapter 
   III of chapter 83 and chapter 84 of title 5, United States Code, 
      respectively, to ensure the inclusion of certain positions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2011

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

_______________________________________________________________________

                                 A BILL


 
 To amend the definition of a law enforcement officer under subchapter 
   III of chapter 83 and chapter 84 of title 5, United States Code, 
      respectively, to ensure the inclusion of certain positions.

    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 ``Law Enforcement Officers Retirement 
Equity Act of 2011''.

SEC. 2. AMENDMENTS.

    (a) Federal Employees' Retirement System.--
            (1) In general.--Section 8401(17) of title 5, United States 
        Code, is amended--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(E) an employee (not otherwise covered by this 
                paragraph)--
                            ``(i) the duties of whose position include 
                        the investigation or apprehension of 
                        individuals suspected or convicted of offenses 
                        against the criminal laws of the United States; 
                        and
                            ``(ii) who is authorized to carry a 
                        firearm; and
                    ``(F) an employee of the Internal Revenue Service, 
                the duties of whose position are primarily the 
                collection of delinquent taxes and the securing of 
                delinquent returns;''.
            (2) Conforming amendment.--Section 8401(17)(C) of title 5, 
        United States Code, is amended by striking ``(A) and (B)'' and 
        inserting ``(A), (B), (E), and (F)''.
    (b) Civil Service Retirement System.--Section 8331(20) of title 5, 
United States Code, is amended in the matter before subparagraph (A) by 
inserting after ``position.'' the following: ``For the purpose of this 
paragraph, the employees described in the preceding provision of this 
paragraph (in the matter before `including') shall be considered to 
include an employee (not otherwise covered by this paragraph) who 
satisfies clauses (i) and (ii) of section 8401(17)(E) and an employee 
of the Internal Revenue Service the duties of whose position are as 
described in section 8401(17)(F).''.
    (c) Effective Date.--Except as provided in section 3, the 
amendments made by this section shall take effect on the date of 
enactment of this Act, and shall apply only in the case of any 
individual first appointed (or seeking to be first appointed) as a law 
enforcement officer (within the meaning of those amendments) on or 
after such date.

SEC. 3. TREATMENT OF SERVICE PERFORMED BY INCUMBENTS.

    (a) Law Enforcement Officer and Service Described.--
            (1) Law enforcement officer.--Any reference to a law 
        enforcement officer described in this subsection refers to an 
        individual who satisfies the requirements under section 
        8331(20) or 8401(17) of title 5, United States Code (relating 
        to the definition of a law enforcement officer) by virtue of 
        the amendments made by section 2.
            (2) Service.--Any reference to service described in this 
        subsection refers to service performed as a law enforcement 
        officer as described in this subsection.
    (b) Incumbent and Prior Service Defined.--
            (1) Incumbent.--For purposes of this section, the term 
        ``incumbent'' means an individual who--
                    (A) is first appointed as a law enforcement officer 
                as described in subsection (a) before the date of 
                enactment of this Act; and
                    (B) is serving as such a law enforcement officer on 
                such date.
            (2) Prior service.--For purposes of this section, the term 
        ``prior service'' means, with respect to any individual who 
        makes an election under subsection (c)(2), service described in 
        subsection (a) performed by such individual before the date as 
        of which appropriate retirement deductions begin to be made in 
        accordance with such election.
    (c) Treatment of Service Performed by Incumbents.--
            (1) In general.--Except as provided in paragraph (2), 
        service described in subsection (a) which is performed by an 
        incumbent on or after the date of enactment of this Act shall 
        be treated for all purposes as service performed as a law 
        enforcement officer (within the meaning of section 8331(20) or 
        8401(17) of title 5, United States Code, as appropriate), 
        irrespective of how such service is treated under paragraph 
        (2).
            (2) Retirement.--Service described in subsection (a) which 
        is performed by an incumbent before, on, or after the date of 
        enactment of this Act shall, for purposes of subchapter III of 
        chapter 83 and chapter 84 of title 5, United States Code, be 
        treated as service performed as a law enforcement officer 
        (within the meaning of such section 8331(20) or 8401(17), as 
        appropriate) if an appropriate written election is submitted to 
        the Office of Personnel Management not later than the earlier 
        of 5 years after the date of enactment of this Act and the day 
        before the date on which the incumbent separates from 
        Government service, whichever is earlier.
    (d) Individual Contributions for Prior Service.--
            (1) In general.--An individual who makes an election under 
        subsection (c)(2) may, with respect to prior service performed 
        by such individual, contribute to the Civil Service Retirement 
        and Disability Fund the difference between the individual 
        contributions that were actually made for such service and the 
        individual contributions that should have been made for such 
        service if the amendments made by section 2 had then been in 
        effect.
            (2) Effect of not contributing.--If no part of or less than 
        the full amount required under paragraph (1) is paid, all prior 
        service of the incumbent shall remain fully creditable as law 
        enforcement officer service, but the resulting annuity shall be 
        reduced in a manner similar to that described in section 
        8334(d)(2) of title 5, United States Code, to the extent 
        necessary to make up the amount unpaid.
    (e) Government Contributions for Prior Service.--
            (1) In general.--If an incumbent makes an election under 
        subsection (c)(2), the agency in or under which that individual 
        was serving at the time of any prior service shall remit to the 
        Office of Personnel Management, for deposit in the Treasury of 
        the United States to the credit of the Civil Service Retirement 
        and Disability Fund, the amount required under paragraph (2) 
        with respect to such service.
            (2) Amount required.--The amount an agency is required to 
        remit is, with respect to any prior service, the total amount 
        of additional Government contributions to the Civil Service 
        Retirement and Disability Fund (above those actually paid) that 
        would have been required if the amendments made by section 2 
        had then been in effect.
            (3) Contributions to be made ratably.--Government 
        contributions under this subsection on behalf of an incumbent 
        shall be made by the agency ratably (on at least an annual 
        basis) over the 10-year period beginning on the date referred 
        to in subsection (b)(2).
    (f) Exemption From Mandatory Separation.--Nothing in section 
8335(b) or 8425(b) of title 5, United States Code, shall cause the 
involuntary separation of a law enforcement officer as described in 
subsection (a) before the end of the 3-year period beginning on the 
date of enactment of this Act.
    (g) Regulations.--The Office of Personnel Management shall 
prescribe regulations to carry out this Act, including--
            (1) provisions in accordance with which interest on any 
        amount under subsection (d) or (e) shall be computed, based on 
        section 8334(e) of title 5, United States Code; and
            (2) provisions for the application of this section in the 
        case of--
                    (A) any individual who--
                            (i) satisfies subsection (b)(1)(A) and does 
                        not satisfy subsection (b)(1)(B); and
                            (ii) serves as a law enforcement officer as 
                        described in subsection (a) after the date of 
                        enactment of this Act; and
                    (B) any individual entitled to a survivor annuity 
                (based on the service of an incumbent, or of an 
                individual under subparagraph (A), who dies before 
                making an election under subsection (c)(2)), to the 
                extent of any rights that would then be available to 
                the decedent (if still living).
    (h) Rule of Construction.--Nothing in this section shall be 
considered to apply in the case of a reemployed annuitant.
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