110 S3868 IS: U.S. Customs and Border Protection Officer Retirement Technical Corrections Act U.S. Senate 2022-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 3868IN THE SENATE OF THE UNITED STATESMarch 17, 2022Mr. Peters (for himself and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo correct the inequitable denial of enhanced retirement and annuity benefits to certain U.S. Customs and Border Protection Officers.

1.

Short title

This Act may be cited as the U.S. Customs and Border Protection Officer Retirement Technical Corrections Act.

2.

Adjustment related to transition rules

(a)

Defined term

In this section the term Eligible Individual means any individual who—(1)received and accepted an offer of employment as a U.S. Customs and Border Protection Officer before July 6, 2008; and(2)entered into duty as a U.S. Customs and Border Protection officer on or after July 6, 2008, as a result of an offer described in paragraph (1).(b)

Treatment of Eligible Individuals

Eligible Individuals—(1)are considered to be individuals serving as U.S. Customs and Border Protection Officers on July 6, 2008, for purposes of section 535(e) of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161; 121 Stat. 1844); and (2)are entitled to—(A)the minimum annuity amount required under section 535(e)(2)(C) of such Act; and (B)an exemption from mandatory retirement otherwise required under section 8425(b)(1) of title 5, United States Code.(c)

Implementation

(1)

Submission of information

Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall—(A)create a list of all Eligible Individuals;(B)notify each Eligible Individual of the annuity correction described in subsection (b); and(C)provide the Director of the Office of Personnel Management with all of the information that is necessary for making annuity corrections with respect to Eligible Individuals. (2)

Completion of annuity correction

After receiving the information described in paragraph (1)(C), the Director of the Office of Personnel Management shall make the annuity correction described in subsection (b) with respect to each Eligible Individual, including a retroactive annuity adjustment for Eligible Individuals who retired before the date of the enactment of this Act.(d)

Waivers and guidance

(1)

Waivers

The Secretary of Homeland Security may retroactively waive the maximum entry age requirement under 3307(g) of title 5, United States Code, to the extent necessary, to ensure that each Eligible Individual is eligible for immediate retirement with the annuity correction described in subsection (b).(2)

Guidance

The Director of the Office of Personnel Management, in consultation with the Secretary of Homeland Security, shall issue appropriate guidance to assist in the implementation of the annuity correction described in subsection (b).