[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 29 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 29

    To permit disabled law enforcement officers, customs and border 
  protection officers, firefighters, air traffic controllers, nuclear 
   materials couriers, members of the Capitol Police, members of the 
  Supreme Court Police, employees of the Central Intelligence Agency 
    performing intelligence activities abroad or having specialized 
 security requirements, and diplomatic security special agents of the 
 Department of State to receive retirement benefits in the same manner 
                   as if they had not been disabled.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2017

Mr. Tester (for himself and Ms. Collins) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To permit disabled law enforcement officers, customs and border 
  protection officers, firefighters, air traffic controllers, nuclear 
   materials couriers, members of the Capitol Police, members of the 
  Supreme Court Police, employees of the Central Intelligence Agency 
    performing intelligence activities abroad or having specialized 
 security requirements, and diplomatic security special agents of the 
 Department of State to receive retirement benefits in the same manner 
                   as if they had not been disabled.

    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 ``Fair Return for Employees on Their 
Initial Retirement Earned Act of 2017'' or the ``Fair RETIRE Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) it is in the best national and homeland security 
        interests of the United States for Federal agencies to retain 
        the specialized knowledge and experience of individuals who 
        suffer an injury or illness while serving in a covered position 
        (as defined under the amendments made by this Act); and
            (2) in developing regulations to carry out this Act and the 
        amendments made by this Act, the Director of the Office of 
        Personnel Management and the Secretary of Labor should ensure, 
        to the greatest extent possible, that the reappointment of an 
        individual to a position in the civil service that is not a 
        covered position is with the same Federal agency, in the same 
        geographic location, and at a level of pay commensurate to the 
        position which the individual held immediately prior to such 
        injury or illness.

SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES.

    (a) CSRS.--Section 8336(c) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(3)(A) In this paragraph--
            ``(i) the term `covered individual' means an individual 
        covered under this subchapter who--
                    ``(I) is performing service in a covered position;
                    ``(II) has performed not less than 3 years of 
                creditable service in a covered position;
                    ``(III) while in the performance of the duties of 
                the individual, becomes ill or is injured before the 
                date on which the individual becomes entitled to an 
                annuity under paragraph (1) of this subsection or 
                subsection (e), (m), or (n), as applicable;
                    ``(IV) because of the illness or injury described 
                in subclause (III), is permanently unable to continue 
                service in a covered position, determined in accordance 
                with regulations promulgated by the Director of the 
                Office of Personnel Management, in consultation with 
                the Secretary of Labor; and
                    ``(V) is appointed to a position in the civil 
                service that is not a covered position; and
            ``(ii) the term `covered position' means a position as a 
        law enforcement officer, customs and border protection officer, 
        firefighter, air traffic controller, nuclear materials courier, 
        member of the Capitol Police, member of the Supreme Court 
        Police, an employee of the Central Intelligence Agency 
        designated under section 302(a) of the Central Intelligence 
        Agency Retirement Act (50 U.S.C. 2152(a)), or special agent 
        described in section 804(15) of the Foreign Service Act of 1980 
        (22 U.S.C. 4044(15)).
    ``(B) Unless a covered individual files an election described in 
subparagraph (C), creditable service by the covered individual in a 
position described in subparagraph (A)(i)(V) shall be treated as 
creditable service in a covered position for purposes of this chapter, 
including eligibility for an annuity under paragraph (1) of this 
subsection or subsection (e), (m), or (n), as applicable, and 
determining the amount to be deducted and withheld from the pay of the 
covered individual under section 8334.
    ``(C) In accordance with procedures established by the Director of 
the Office of Personnel Management, a covered individual may file an 
election to have any creditable service performed by the covered 
individual treated in accordance with this chapter, without regard to 
subparagraph (B).
    ``(D) If a covered individual who has not filed an election 
described in subparagraph (C) separates from service before the date on 
which the covered individual becomes entitled to an annuity under 
paragraph (1) of this subsection or subsection (e), (m), or (n), as 
applicable, the covered individual shall be entitled to a lump sum 
payment from the Fund of the difference between--
            ``(i) the amount that was deducted and withheld from the 
        pay of the covered individual; and
            ``(ii) the amount that would have been deducted and 
        withheld from the pay of the covered individual if the covered 
        individual had made an election described in subparagraph 
        (C).''.
    (b) FERS.--
            (1) In general.--Section 8412(d) of title 5, United States 
        Code, is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' before ``An employee''; 
                and
                    (C) by adding at the end the following:
    ``(2)(A) In this paragraph--
            ``(i) the term `covered individual' means an individual 
        covered under this chapter who--
                    ``(I) is performing service in a covered position;
                    ``(II) has performed not less than 3 years of 
                creditable service in a covered position;
                    ``(III) while in the performance of the duties of 
                the individual, becomes ill or is injured before the 
                date on which the individual becomes entitled to an 
                annuity under paragraph (1) of this subsection or 
                subsection (e), as applicable;
                    ``(IV) because of the illness or injury described 
                in subclause (III), is permanently unable to continue 
                service in a covered position, determined in accordance 
                with regulations promulgated by the Director of the 
                Office of Personnel Management, in consultation with 
                the Secretary of Labor; and
                    ``(V) is appointed to a position in the civil 
                service that is not a covered position; and
            ``(ii) the term `covered position' means a position as a 
        law enforcement officer, customs and border protection officer, 
        firefighter, air traffic controller, nuclear materials courier, 
        member of the Capitol Police, member of the Supreme Court 
        Police, an employee of the Central Intelligence Agency 
        designated under section 302(a) of the Central Intelligence 
        Agency Retirement Act (50 U.S.C. 2152(a)), or special agent 
        described in section 804(15) of the Foreign Service Act of 1980 
        (22 U.S.C. 4044(15)).
    ``(B) Unless a covered individual files an election described in 
subparagraph (C), creditable service by the covered individual in a 
position described in subparagraph (A)(i)(V) shall be treated as 
creditable service in a covered position for purposes of this chapter, 
including eligibility for an annuity under paragraph (1) of this 
subsection or subsection (e), as applicable, and determining the amount 
to be deducted and withheld from the pay of the covered individual 
under section 8422.
    ``(C) In accordance with procedures established by the Director of 
the Office of Personnel Management, a covered individual may file an 
election to have any creditable service performed by the covered 
individual treated in accordance with this chapter, without regard to 
subparagraph (B).
    ``(D) If a covered individual who has not filed an election 
described in subparagraph (C) separates from service before the date on 
which the covered individual becomes entitled to an annuity under 
paragraph (1) of this subsection or subsection (e), as applicable, the 
covered individual shall be entitled to a lump sum payment from the 
Fund of the difference between--
            ``(i) the amount that was deducted and withheld from the 
        pay of the covered individual; and
            ``(ii) the amount that would have been deducted and 
        withheld from the pay of the covered individual if the covered 
        individual had made an election described in subparagraph 
        (C).''.
            (2) Technical and conforming amendments.--
                    (A) Chapter 84 of title 5, United States Code, is 
                amended--
                            (i) in section 8414(b)(3), by inserting 
                        ``(1)'' after ``subsection (d)'';
                            (ii) in section 8415--
                                    (I) in subsection (e), in the 
                                matter preceding paragraph (1), by 
                                inserting ``(1)'' after ``subsection 
                                (d)''; and
                                    (II) in subsection (h)(2)(A), by 
                                striking ``(d)(2)'' and inserting 
                                ``(d)(1)(B)'';
                            (iii) in section 8421(a)(1), by inserting 
                        ``(1)'' after ``(d)'';
                            (iv) in section 8421a(b)(4)(B)(ii), by 
                        inserting ``(1)'' after ``section 8412(d)'';
                            (v) in section 8425, by inserting ``(1)'' 
                        after ``section 8412(d)'' each place it 
                        appears; and
                            (vi) in section 8462(c)(3)(B)(ii), by 
                        inserting ``(1)'' after ``subsection (d)''.
                    (B) Title VIII of the Foreign Service Act of 1980 
                (22 U.S.C. 4041 et seq.) is amended--
                            (i) in section 805(d)(5) (22 U.S.C. 
                        4045(d)(5)), by inserting ``(1)'' after ``or 
                        8412(d)''; and
                            (ii) in section 812(a)(2)(B) (22 U.S.C. 
                        4052(a)(2)(B)), by inserting ``(1)'' after ``or 
                        8412(d)''.
    (c) CIA Employees.--Section 302 of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2152) is amended by adding at the end the 
following:
    ``(d) Employees Disabled on Duty.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered employee' means an employee 
                of the Agency covered under subchapter II of chapter 84 
                of title 5, United States Code, who--
                            ``(i) is performing service in a position 
                        designated under subsection (a);
                            ``(ii) has performed not less than 3 years 
                        of creditable service in a covered position;
                            ``(iii) while in the performance of the 
                        duties of the employee in the position 
                        designated under subsection (a), becomes ill or 
                        is injured before the date on which the 
                        employee becomes entitled to an annuity under 
                        section 233 of this Act or section 8412(d)(1) 
                        of title 5, United States Code;
                            ``(iv) because of the illness or injury 
                        described in clause (iii), is permanently 
                        unable to continue service in a covered 
                        position, determined in accordance with 
                        regulations promulgated by the Director of the 
                        Office of Personnel Management, in consultation 
                        with the Secretary of Labor; and
                            ``(v) is appointed to a position in the 
                        civil service that is not a covered position; 
                        and
                    ``(B) the term `covered position' means a position 
                as--
                            ``(i) a law enforcement officer described 
                        in section 8331(20) or 8401(17) of title 5, 
                        United States Code;
                            ``(ii) a customs and border protection 
                        officer described in section 8331(31) or 
                        8401(36) of title 5, United States Code;
                            ``(iii) a firefighter described in section 
                        8331(21) or 8401(14) of title 5, United States 
                        Code;
                            ``(iv) an air traffic controller described 
                        in section 8331(30) or 8401(35) of title 5, 
                        United States Code;
                            ``(v) a nuclear materials courier described 
                        in section 8331(27) or 8401(33) of title 5, 
                        United States Code;
                            ``(vi) a member of the United States 
                        Capitol Police;
                            ``(vii) a member of the Supreme Court 
                        Police;
                            ``(viii) a covered employee; or
                            ``(ix) a special agent described in section 
                        804(15) of the Foreign Service Act of 1980 (22 
                        U.S.C. 4044(15)).
            ``(2) Treatment of service after disability.--Unless a 
        covered employee files an election described in paragraph (3), 
        creditable service by the covered employee in a position 
        described in paragraph (1)(A)(v) shall be treated as creditable 
        service in a covered position for purposes of this Act and 
        chapter 84 of title 5, United States Code, including 
        eligibility for an annuity under section 233 of this Act or 
        8412(d)(1) of title 5, United States Code, and determining the 
        amount to be deducted and withheld from the pay of the covered 
        employee under section 8422 of title 5, United States Code.
            ``(3) Opt out.--In accordance with procedures established 
        by the Director of the Office of Personnel Management, a 
        covered employee may file an election to have any creditable 
        service performed by the covered employee treated in accordance 
        with chapter 84 of title 5, United States Code, without regard 
        to paragraph (2).
            ``(4) Separation before retirement eligibility.--If a 
        covered employee who has not filed an election described in 
        paragraph (3) separates from service before the date on which 
        the covered employee becomes entitled to an annuity under 
        section 233 of this Act or 8412(d)(1) of title 5, United States 
        Code, the covered employee shall be entitled to a lump sum 
        payment from the Fund of the difference between--
                    ``(A) the amount that was deducted and withheld 
                from the pay of the covered employee; and
                    ``(B) the amount that would have been deducted and 
                withheld from the pay of the covered employee if the 
                covered employee had made an election described in 
                paragraph (3).''.
    (d) Foreign Service Retirement and Disability System.--Section 
806(a)(6) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)(6)) is 
amended by adding at the end the following:
    ``(D)(i) In this subparagraph--
            ``(I) the term `covered special agent' means an individual 
        covered under this subchapter who--
                    ``(aa) is performing service as a special agent;
                    ``(bb) has performed not less than 3 years of 
                creditable service in a covered position;
                    ``(cc) while in the performance of the duties of 
                the individual as a special agent, becomes ill or is 
                injured before the date on which the individual becomes 
                entitled to an annuity under section 811;
                    ``(dd) because of the illness or injury described 
                in item (cc), is permanently unable to continue service 
                in a covered position, determined in accordance with 
                regulations promulgated by the Director of the Office 
                of Personnel Management, in consultation with the 
                Secretary of Labor; and
                    ``(ee) is appointed to a position in the Foreign 
                Service that is not a covered position; and
            ``(II) the term `covered position' means a position as--
                    ``(aa) a law enforcement officer described in 
                section 8331(20) or 8401(17) of title 5, United States 
                Code;
                    ``(bb) a customs and border protection officer 
                described in section 8331(31) or 8401(36) of title 5, 
                United States Code;
                    ``(cc) a firefighter described in section 8331(21) 
                or 8401(14) of title 5, United States Code;
                    ``(dd) an air traffic controller described in 
                section 8331(30) or 8401(35) of title 5, United States 
                Code;
                    ``(ee) a nuclear materials courier described in 
                section 8331(27) or 8401(33) of title 5, United States 
                Code;
                    ``(ff) a member of the United States Capitol 
                Police;
                    ``(gg) a member of the Supreme Court Police;
                    ``(hh) an employee of the Central Intelligence 
                Agency designated under section 302(a) of the Central 
                Intelligence Agency Retirement Act (50 U.S.C. 2152(a)); 
                or
                    ``(ii) a special agent.
    ``(ii) Unless a covered special agent files an election described 
in clause (iii), creditable service by the covered special agent in a 
position described in clause (i)(I)(ee) shall be treated as creditable 
service as a special agent for purposes of this subchapter, including 
determining the amount to be deducted and withheld from the pay of the 
individual under section 805.
    ``(iii) In accordance with procedures established by the Secretary, 
a covered special agent may file an election to have any creditable 
service performed by the covered special agent treated in accordance 
with this subchapter, without regard to clause (ii).
    ``(iv) If a covered special agent who has not filed an election 
described in clause (iii) separates from service before the date on 
which the covered special agent becomes entitled to an annuity under 
section 811, the covered special agent shall be entitled to a lump sum 
payment from the Fund of the difference between--
            ``(I) the amount that was deducted and withheld from the 
        pay of the covered special agent; and
            ``(II) the amount that would have been deducted and 
        withheld from the pay of the covered special agent if the 
        covered special agent had made an election described in clause 
        (iii).''.
    (e) Implementation.--
            (1) In general.--The Director of the Office of Personnel 
        Management--
                    (A) not later than 60 days after the date of 
                enactment of this Act, and in consultation with the 
                Secretary of Labor, shall promulgate regulations 
                regarding determining when an individual is permanently 
                unable to continue service in a covered position (as 
                defined in section 302(d) of the Central Intelligence 
                Agency Retirement Act (50 U.S.C. 2152(d)), as added by 
                this Act);
                    (B) shall promulgate regulations to carry out the 
                amendments made by subsections (a), (b), and (c); and
                    (C) not later than 1 year after the date of 
                enactment of this Act, shall issue guidance for 
                agencies regarding implementation of the amendments 
                made by subsections (a), (b), and (c).
            (2) Foreign service retirement and disability system.--The 
        Secretary of State shall promulgate regulations to carry out 
        the amendment made by subsection (d).
    (f) Effective Date; Applicability.--The amendments made by this 
section--
            (1) shall take effect on the date of enactment of this Act; 
        and
            (2) shall apply to an individual who suffers an illness or 
        injury described in section 8336(c)(3)(A)(i)(III) or section 
        8412(d)(2)(A)(i)(III) of title 5, United States Code, as 
        amended by this section, section 302(d)(1)(A)(iii) of the 
        Central Intelligence Agency Retirement Act, as amended by this 
        section, or section 806(a)(6)(D)(i)(I)(cc) of the Foreign 
        Service Act of 1980, as amended by this section, on or after 
        the date that is 2 years after the date of enactment of this 
        Act.
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