[Congressional Record Volume 149, Number 141 (Wednesday, October 8, 2003)]
[House]
[Pages H9320-H9322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      DISTRICT OF COLUMBIA MILITARY RETIREMENT EQUITY ACT OF 2003

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 3054) to amend the Policemen and Firemen's 
Retirement and Disability Act to permit military service previously 
performed by members and former members of the Metropolitan Police 
Department of the District of Columbia, the Fire Department of the 
District of Columbia, the United States Park Police, and the United 
States Secret Service Uniformed Division to count as creditable service 
for purposes of calculating retirement annuities payable to such 
members upon payment of a contribution by such members, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 3054

       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 ``District of Columbia 
     Military Retirement Equity Act of 2003''.

     SEC. 2. PERMITTING INCLUSION OF PREVIOUS MILITARY SERVICE AS 
                   CREDITABLE SERVICE FOR CERTAIN DISTRICT OF 
                   COLUMBIA RETIREES.

       Subsection (c)(8) of the Policemen and Firemen's Retirement 
     and Disability Act (sec. 5-704(h), D.C. Official Code) is 
     amended--
       (1) by striking ``(8) Notwithstanding'' and inserting 
     ``(8)(A) Except as provided in subparagraph (B), 
     notwithstanding''; and
       (2) by adding at the end the following new subparagraph:
       ``(B)(i)(I) Except as provided in subclause (II), and 
     subject to clause (iv), each member

[[Page H9321]]

     or former member who has performed military service before 
     the date of the separation on which the entitlement to any 
     annuity under this Act is based may elect to retain credit 
     for the service by paying (in accordance with such 
     regulations as the Mayor shall issue) to the office by which 
     the member is employed (or, in the case of a former member, 
     to the appropriate benefits administrator) an amount equal to 
     7 percent of the amount of the basic pay paid under section 
     204 of title 37, United States Code, to the member for each 
     period of military service after December 1956. The amount of 
     such payments shall be based on such evidence of basic pay 
     for military service as the member may provide, or, if the 
     Mayor determines sufficient evidence has not been so provided 
     to adequately determine basic pay for military service, such 
     payment shall be based upon estimates of such basic pay 
     provided to the Mayor under clause (iii). Payment of such 
     amount by an active member must be completed prior to the 
     member's date of retirement or October 1, 2006, whichever is 
     later, for the member to retain credit for the service.
       ``(II) In any case where military service interrupts 
     creditable service under this subsection and reemployment 
     pursuant to chapter 43 of title 38, United States Code, 
     occurs on or after August 1, 1990, the deposit payable under 
     this clause may not exceed the amount that would have been 
     deducted and withheld under this Act from basic pay during 
     the period of creditable service if the member had not 
     performed the period of military service.
       ``(ii) Any deposit made under clause (i) more than 2 years 
     after the later of--
       ``(I) October 1, 2004; or
       ``(II) the date on which the member making the deposit 
     first becomes a member following the period of military 
     service for which such deposit is due,

     shall include interest on such amount computed and compounded 
     annually beginning on the date of the expiration of the 2-
     year period. The interest rate that is applicable in 
     computing interest in any year under this paragraph shall be 
     equal to the interest rate that is applicable for such year 
     under paragraph (5)(B).
       ``(iii) The Secretary of Defense, the Secretary of 
     Transportation, the Secretary of Commerce, or the Secretary 
     of Health and Human Services, as appropriate, shall furnish 
     such information to the Mayor as the Mayor may determine to 
     be necessary for the administration of this subsection.
       ``(iv) Effective with respect to any period of military 
     service after November 10, 1996, the percentage of basic pay 
     under section 204 of title 37, United States Code, payable 
     under clause (i) shall be equal to the same percentage as 
     would be applicable under subsection (d) of this section for 
     that same period for service as a member subject to clause 
     (i)(II).''.

     SEC. 3. ADJUSTMENT IN FEDERAL BENEFIT PAYMENTS TO CERTAIN 
                   POLICE AND FIRE RETIREES TO TAKE MILITARY 
                   SERVICE ADJUSTMENT INTO ACCOUNT.

       (a) In General.--Section 11012 of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997 
     (sec. 1-803.02, D.C. Official Code) is amended by adding at 
     the end the following new subsection:
       ``(f) Treatment of Military Service Credit Purchased by 
     Certain Police and Fire Retirees.--For purposes of subsection 
     (a), in determining the amount of a Federal benefit payment 
     made to an officer or member, the benefit payment to which 
     the officer or member is entitled under the District 
     Retirement Program shall include any amounts which would have 
     been included in the benefit payment under such Program if 
     the amendments made by the District of Columbia Military 
     Retirement Equity Act of 2003 had taken effect prior to the 
     freeze date.''.
       (b) Conforming Amendment.--Section 11003(5) of such Act 
     (sec. 1-801.02(5), D.C. Official Code) is amended by 
     inserting ``and (f)'' after ``section 11012(e)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to Federal benefit payments made 
     after the date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Tom Davis) and the gentleman from California (Mr. Waxman) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Tom Davis).


                             General Leave

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks on H.R. 3054.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, H.R. 3054, the District of Columbia Military Retirement 
Equity Act of 2003 is bipartisan legislation that will allow current 
and former police officers, firefighters, U.S. Park Police officers, 
and United States Secret Service employees in the District of Columbia 
to essentially buy back military service time to avoid costly 
reductions in their monthly benefit payment.

                              {time}  1330

  Under the Balanced Budget Act of 1997, the Department of the Treasury 
and the District of Columbia share responsibility for the D.C. police 
officers and firefighters retirement plan.
  In conjunction with the District, the Treasury Department proceeded 
to audit the program and discovered a mistake in which individuals were 
concurrently receiving credit for their post-1956 military service 
while being eligible for Social Security. Treasury was then forced to 
reduce hundreds of annuitants' monthly benefits. Through no fault of 
their own, hundreds of retirees find themselves in the precarious 
position of having to buy back the military time or have a dramatic 
reduction in their annuity.
  This reality is clearly unfair, was unintended, and must be 
corrected. I believe this House has an obligation to right this wrong 
for the benefit of those who selflessly protect our Nation's capital 
city, and this legislation gives us an opportunity to do just that. The 
D.C. Military Retirement Equity Act provides a fair mechanism for 
active duty retirees and retirees to buy back their military service 
time while it preserves their planned monthly annuity.
  This legislation parallels the Civil Service Retirement Act. Federal 
employees who retired under the Civil Service Retirement Act were made 
aware of the post-1956 law and were permitted to buy the service credit 
by making payments equal to 7 percent of the military basic pay for the 
period in question. If the employee elected to buy back the service 
credit, it continued to be counted after the employee became eligible 
for Social Security. The current and former officers covered under this 
bill who have served our country not once but twice deserve the same 
opportunity.
  Mr. Speaker, I urge all Members to support H.R. 3054. I thank and 
congratulate my colleagues, the distinguished cosponsors of this 
legislation, the gentleman from Maryland (Mr. Hoyer) and the gentleman 
from Pennsylvania (Mr. Weldon), for their efforts on this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WAXMAN. Mr. Speaker, I yield myself such time as I may consume.
  I also rise in support of this legislation, and I want to commend the 
gentleman from Virginia (Mr. Tom Davis) and the others who have brought 
this legislation forward. I know the important role that the 
gentlewoman from the District of Columbia (Ms. Norton) played in urging 
us to pass this legislation. It makes sense.
  This bill offers a fair remedy for retired and active duty District 
firefighters, District police officers, U.S. Secret Service, and U.S. 
Park Police that is in parity with Federal employees. There is no 
reason they should not have that parity.
  In the late 1980s, Congress passed similar legislation offering 
Federal retirees enrolled in the Federal Employees Retirement System 
and the Civil Service Retirement System an opportunity to buy back 
their military time to maintain a consistent annuity once they became 
eligible for Social Security benefits. After the Department of the 
Treasury assumed financial responsibility of the D.C. Metro plan in 
1997, they conducted an audit and discovered an oversight of a Federal 
law that prohibits any retiree with post-1956 military service from 
crediting that time towards their retirement once they become eligible 
for Social Security.
  These brave men and women serve our country and our communities 
without question. We have a duty to meet our commitment to them, that 
they will be offered opportunities for a comfortable retirement. There 
are at least 300 retired police officers and firefighters whose 
annuities have already been reduced, with an average of 3 years of 
post-1956 military service. The D.C. police officers and firefighters 
retirement plans cover approximately 14,000 retirees and survivors who 
served as D.C. police officers, firefighters, U.S. Secret Service and 
Park Police. We need to treat them fairly.
  That is why I would urge all my colleagues to support this bill. It 
is a bill that I cannot see how anybody could

[[Page H9322]]

oppose it. I just think it is the right thing to do; and given that 
fact, there is nothing more that I could say on this matter except let 
us as quickly as we can pass this bill to the other body and hope they 
send it to the President for his signature. Let no time go further and 
lose the opportunity to correct what is a defect in the law and that we 
have an opportunity to correct.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I 
may consume.
  I thank my friend for his remarks. Let me say that even today, our 
police officers and firefighters in the District of Columbia, our 
Secret Service agents put their lives on the line and one never knows 
what is around the corner in a job like this. It is difficult 
recruiting and retaining the best and the brightest for these 
positions; and to some extent, they look at how we treat current 
retirees when they decide to sign up and for retention or to join the 
Department in the first place.
  In this particular case, a grave mistake was made at the time of the 
Balanced Budget Act. It had ramifications of basically taking thousands 
of dollars away from people who over the last generation laid their 
lives on the line for the safety of the citizens who run our Nation's 
capital, our law makers and government institutions.
  This legislation is, I think, a modest attempt to try to right that 
wrong, and I hope that current officers and those that are thinking of 
going into this understand the high regard in which this Congress holds 
these individuals and honors the service that they gave this city and 
this government during their tenure. That is what this equity act is 
all about. That is why it has strong bipartisan support, and that is 
why I urge our colleagues in the House to support this legislation 
today.
  Mr. Speaker, I have no other speakers at this point, and I reserve 
the balance of my time.
  Mr. WAXMAN. Mr. Speaker, I yield myself such time as I may consume.
  I have no other speakers here at the present time, but I know there 
are Members who want to put their statements in the Record in support 
of this legislation, especially those who have played such a 
fundamental role in advancing this cause and bringing it to our 
attention.
  Mr. Speaker, seeing that they will have an opportunity, I am sure, at 
the appropriate time, I yield back the balance of our time.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I 
may consume.
  I thank the gentleman from California (Mr. Waxman) for his leadership 
and again the gentleman from Maryland (Mr. Hoyer), who is a cosponsor 
with me, the gentleman from Pennsylvania (Mr. Weldon), of course our 
distinguished Delegate from the District of Columbia (Ms. Norton). We 
thank all of them for helping to put this together as we hopefully pass 
this today, send this to the other body for what we hope will be fast 
consideration and a signature on the President's desk.
  Mr. HOYER. Mr. Speaker, I rise today to join my colleague and good 
friend from Virginia, Mr. Davis, in supporting H.R. 3054, the DC 
Military Retirement Equity Act. This measure goes a long way in 
providing a fair solution to an unjust problem.
  When I was notified that hundreds of former military service members 
and retired Firefighters, Police Officers, Secret Service personnel, 
and U.S. Park Police were having their annuities forcibly reduced due 
to no fault of their own, it was clear that this was an injustice in 
need of swift action.
  The solution, H.R. 3054, will allow retired and active duty DC 
Firefighters and Police Officers as well as U.S. Secret Service and 
Park Police to buy back any military service time in order for them to 
maintain their monthly annuity. An oversight in the administration of 
their retirement plans neglected to account for a federal law 
prohibiting any post 1956-military service from being credited towards 
a retiree's benefits once that retiree becomes eligible for Social 
Security.
  In the past few months, many retirees have had their hard earned 
monthly annuities reduced by up to $600 per month. Future retirees can 
expect similar reductions, unless we pass this measure. Unlike options 
given to federal employees under FERS and CSRS, these members were 
never told about this provision and never offered an opportunity to buy 
back their time. H.R. 3054 will allow retirees to maintain their 
monthly annuities and will allow working men, women and their families 
to accurately plan for their retirement. These dedicated men and women 
selflessly served their country in the military and continued in their 
service by protecting our communities. We have a responsibility to 
ensure that they receive what they have rightfully earned.
  I am pleased that Chairman Davis, Chairman Weldon, Ranking Member 
Waxman, Ranking Member Davis, Congresswoman Norton and I have been able 
to work in a bipartisan manner to develop a positive solution to a 
potentially crippling injustice. I would urge my colleagues to support 
H.R. 3054.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I have no other speakers, and 
I yield back any remaining time I have.
  The SPEAKER pro tempore (Mr. Terry). The question is on the motion 
offered by the gentleman from Virginia (Mr. Tom Davis) that the House 
suspend the rules and pass the bill, H.R. 3054, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to amend 
the Policemen and Firemen's Retirement and Disability Act to permit 
military service previously performed by members and former members of 
the Metropolitan Police Department of the District of Columbia, the 
Fire Department of the District of Columbia, the United States Park 
Police, and the United States Secret Service to count as creditable 
service for purposes of calculating retirement annuities payable to 
such members upon payment of a contribution by such members, and for 
other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________