[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1888 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1888

   To amend title 5, United States Code, to include certain Federal 
    positions within the definition of law enforcement officer for 
              retirement purposes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

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

_______________________________________________________________________

                                 A BILL


 
   To amend title 5, United States Code, to include certain Federal 
    positions within the definition of law enforcement officer for 
              retirement purposes, and for other purposes.

    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 Equity 
Act''.

SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFINITION OF LAW 
              ENFORCEMENT OFFICER FOR PURPOSES OF RETIREMENT.

    (a) Federal Employees Retirement System.--Section 8401(17) of title 
5, United States Code, is amended--
            (1) in subparagraph (C)--
                    (A) by striking ``subparagraph (A) and (B)'' and 
                inserting ``subparagraphs (A), (B), (E), (F), (G), (H), 
                and (I)''; and
                    (B) by striking ``and'' at the end; and
            (2) 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;
                    ``(F) an employee of the Internal Revenue Service, 
                the duties of whose position are primarily the--
                            ``(i) collection of delinquent taxes; and
                            ``(ii) securing of delinquent returns;
                    ``(G) an employee of the United States Postal 
                Inspection Service;
                    ``(H) an employee of the Department of Veterans 
                Affairs who is a Department police officer under 
                section 902 of title 38; and
                    ``(I) an employee of U.S. Customs and Border 
                Protection--
                            ``(i) who is a seized property specialist 
                        in the GS-1801 job series; and
                            ``(ii) the duties of whose position include 
                        activities relating to the efficient and 
                        effective custody, management, and disposition 
                        of seized and forfeited property;''.
    (b) Civil Service Retirement System.--Section 8331(20) of title 5, 
United States Code, is amended, in the matter preceding subparagraph 
(A)--
            (1) by inserting ``and an individual described in any of 
        subparagraphs (E) through (I) of section 8401(17)'' after 
        ``United States''; and
            (2) by striking ``this activity'' and inserting ``such 
        activity or described in any such subparagraph''.
    (c) Application.--The amendments made by this section shall apply 
to any--
            (1) individual who is appointed as a law enforcement 
        officer--
                    (A) as defined in section 8331(20) or 8401(17) of 
                title 5, United States Code (as amended by this 
                section); and
                    (B) on or after the date of enactment of this Act; 
                and
            (2) incumbent (as defined in section 3(a)(4)), consistent 
        with the requirements of section 3.

SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Office 
        of Personnel Management;
            (2) the term ``employee'' has the meaning given the term in 
        section 8331(1) or 8401(11) of title 5, United States Code;
            (3) the term ``Fund'' means the Civil Service Retirement 
        and Disability Fund;
            (4) the term ``incumbent'' means an individual who--
                    (A) before the date of enactment of this Act, was 
                appointed to a position as an employee that--
                            (i) did not satisfy the requirements of 
                        section 8331(20) or 8401(17) of title 5, United 
                        States Code, as then in effect; and
                            (ii) would have satisfied the requirements 
                        described in clause (i) if the amendments made 
                        by section 2 had been in effect; and
                    (B) on the date of enactment of this Act, is 
                serving in a position as an employee that satisfies the 
                requirements of section 8331(20) of title 5, United 
                States Code, by virtue of the amendments made by 
                section 2;
            (5) the term ``law enforcement officer'' has the meaning 
        given the term in section 8331(20) or 8401(17) of title 5, 
        United States Code, as amended by section 2;
            (6) the term ``prior service'' means, with respect to an 
        incumbent who makes an election under subsection (b)(2), 
        service performed by the incumbent before the date on which 
        appropriate retirement deductions begin to be made under the 
        election; and
            (7) the term ``service'' means service performed by an 
        individual in a position that--
                    (A) satisfies the requirements of section 8331(20) 
                or 8401(17) of title 5, United States Code, as amended 
                by section 2; or
                    (B) would have satisfied the requirements of 
                section 8331(20) or 8401(17) of title 5, United States 
                Code, as amended by section 2, if the amendments made 
                by section 2 had then been in effect.
    (b) Treatment of Service Performed by Incumbents.--
            (1) Service on or after date of enactment.--Service 
        performed by an incumbent on or after the date of enactment of 
        this Act shall be treated as service performed as a law 
        enforcement officer.
            (2) Service before date of enactment.--Service performed by 
        an incumbent before 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 only if the incumbent submits a 
        written election to the Director by the earlier of--
                    (A) the date that is 5 years after the date of 
                enactment of this Act; or
                    (B) the day before the date on which the incumbent 
                separates from the service.
    (c) Individual Contributions for Prior Service.--
            (1) In general.--An incumbent who makes an election under 
        subsection (b)(2) may, with respect to prior service performed 
        by the incumbent, pay a deposit into the Fund equal to the sum 
        of--
                    (A) the difference between--
                            (i) the amount that would have been 
                        deducted during the period of prior service 
                        under section 8334 or 8422 of title 5, United 
                        States Code, from the pay of the incumbent if 
                        the amendments made by section 2 had been in 
                        effect during the prior service; and
                            (ii) the amount that was deducted during 
                        the period of prior service under section 8334 
                        or 8422 of title 5, United States Code; and
                    (B) interest on the amount described in 
                subparagraph (A)(i), as computed under--
                            (i) paragraphs (2) and (3) of section 
                        8334(e) of title 5, United States Code; and
                            (ii) regulations promulgated by the 
                        Director.
            (2) Effect of not contributing.--If an incumbent does not 
        pay the full amount of the deposit described in paragraph (1)--
                    (A) all prior service of the incumbent shall remain 
                fully creditable as a law enforcement officer; and
                    (B) the resulting annuity shall be reduced--
                            (i) in a manner similar to that described 
                        in section 8334(d)(2) of title 5, United States 
                        Code; and
                            (ii) to the extent necessary to make up the 
                        amount unpaid.
    (d) Government Contributions for Prior Service.--
            (1) In general.--If an incumbent makes an election under 
        subsection (b)(2), an agency that employed the incumbent during 
        any prior service of the incumbent shall remit to the Director, 
        for deposit in the Fund, an amount equal to the sum of--
                    (A) the difference between--
                            (i) the total amount of Government 
                        contributions that would have been paid under 
                        section 8334 or 8423 of title 5, United States 
                        Code, if the amendments made by section 2 had 
                        been in effect during the prior service; and
                            (ii) the total amount of Government 
                        contributions paid under section 8334 or 8423 
                        of title 5, United States Code; and
                    (B) interest on the amount described in 
                subparagraph (A)(i), as computed in accordance with--
                            (i) paragraphs (2) and (3) of section 
                        8334(e) of title 5, United States Code; and
                            (ii) regulations promulgated by the 
                        Director.
            (2) Contributions to be made ratably.--Government 
        contributions under this subsection on behalf of an incumbent 
        shall be made by the agency ratably (not less frequently than 
        annually) over the 10-year period beginning on the date 
        described in subsection (a)(6).
    (e) Exemption From Mandatory Separation.--Notwithstanding section 
8335(b) or 8425(b) of title 5, United States Code, a law enforcement 
officer shall not be subject to mandatory separation during the 3-year 
period beginning on the date of enactment of this Act.
    (f) Regulations.--The Director shall prescribe regulations to carry 
out this Act, including regulations for the application of this section 
in the case of any individual entitled to a survivor annuity (based on 
the service of an incumbent who dies before making an election under 
subsection (b)(2)), to the extent of any rights that would have been 
available to the decedent if still living.
    (g) Rule of Construction.--Nothing in this section shall be 
considered to apply in the case of a reemployed annuitant.
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