[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Rules and Regulations]
[Pages 42253-42254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14240]



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 Rules and Regulations
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  Federal Register / Vol. 70, No. 140 / Friday, July 22, 2005 / Rules 
and Regulations  

[[Page 42253]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 831 and 842

RIN 3206-AJ39


Law Enforcement Officer and Firefighter Retirement

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM) is issuing final 
rules that permit certain police officers with the Metropolitan 
Washington Airports Authority (MWAA) to elect coverage under the 
special retirement provisions for law enforcement officers. We are also 
amending the regulations governing special retirement provisions for 
law enforcement officers and officers and firefighters employed under 
the Civil Service Retirement System (CSRS) and the Federal Employees 
Retirement System (FERS). These changes were made to clarify and 
interpret previously promulgated regulations.

DATES: This final rule is effective July 22, 2005.

FOR FURTHER INFORMATION CONTACT: Mary Ellen Wilson, (202) 606-0299.

SUPPLEMENTARY INFORMATION: On July 25, 2001, we published (at 66 FR 
38524) interim regulations to implement provisions of section 636 of 
the Treasury and General Government Appropriations Act, 2001, enacted 
December 21, 2000, which is incorporated by reference as Appendix C to 
the Consolidated Appropriations Act, 2001, Public Law 106-554 (114 
Stat. 2763). Section 636 of the Treasury and General Government 
Appropriations Act, 2001, permits certain police officers with the 
Metropolitan Washington Airports Authority (MWAA) to elect coverage 
under the special retirement provisions for law enforcement officers. 
The interim rules issued on July 25, 2001, established procedures for 
these MWAA police officers to elect coverage under the special 
retirement provisions for law enforcement officers. The interim rule 
also made other amendments to previously promulgated rules regulating 
law enforcement officer and firefighter retirement coverage under the 
Civil Service Retirement System (CSRS) and the Federal Employees 
Retirement System (FERS).
    OPM received comments from one Federal agency. The commentor noted 
that the revised definition of agency head at 5 CFR 831.902 and 5 CFR 
842.802 deleted language from the second sentence of the definition. 
Specifically, the phrase ``for provisions dealing with law enforcement 
officers and firefighters'' was deleted from the definition of agency 
head at 5 CFR 842.802, and the phrase ``or to the deputy department 
head'' was deleted from the definition of agency head at 5 CFR 831.902 
and 5 CFR 842.802. The commentor noted that the deletion of these 
phrases could be interpreted as a new restriction on an agency's 
ability to delegate decision-making authority. We agree with the 
commentor. The definition of agency head was revised only to clarify 
and interpret the existing extent of an agency head's authority. We are 
restoring the deleted language to indicate that the existing ability of 
an agency head to delegate decision-making authority is unchanged.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because the regulation 
will only affect a small number of employees of the Metropolitan 
Washington Airports Authority.

List of Subjects in 5 CFR Parts 831 and 842

    Administrative practice and procedure, Air traffic controllers, 
Alimony, Claims, Disability benefits, Firefighters, Government 
employees, Income taxes, Intergovernmental relations, Law enforcement 
officers, Pensions, Reporting and recordkeeping requirements, 
Retirement.

U.S. Office of Personnel Management.
Linda M. Springer,
Director.

0
Accordingly, the interim rule amending 5 CFR parts 831 and 842, which 
was published at 66 FR 38524 on July 25, 2001, is adopted as a final 
rule with the following change:

PART 831--RETIREMENT

0
1. The authority citation for part 831 is revised to read as follows:

    Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5 
U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; Sec. 
831.108 also issued under 5 U.S.C. 8336(d)(2); Sec. 831.114 also 
issued under 5 U.S.C. 8336(d)(2), and section 1313(b)(5) of Pub. L. 
107-296, 116 Stat. 2135; Sec. 831.201(b)(1) also issued under 5 
U.S.C. 8347(g); Sec. 831.201(b)(6) also issued under 5 U.S.C. 
7701(b)(2); Sec. 831.201(g) also issued under sections 11202(f), 
11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 
831.201(g) also issued under section 7(b) and (e) of Pub. L. 105-
274, 112 Stat. 2419; Sec. 831.201(i) also issued under sections 3 
and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.204 also 
issued under section 102(e) of Pub. L. 104-8, 109 Stat. 102, as 
amended by section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 
831.205 also issued under section 2207 of Pub. L. 106-265, 114 Stat. 
784; Sec. 831.301 also issued under section 2203 of Pub. L. 106-265, 
114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2) 
and section 2203 of Pub. L. 106-235, 114 Stat. 780; Sec. 831.502 
also issued under 5 U.S.C. 8337; Sec. 831.502 also issued under 
section 1(3), E.O. 11228, 3 CFR 1965-1965 Comp. p. 317; Sec. 831.663 
also issued under section 8339(j) and (k)(2); Secs. 831.663 and 
831.664 also issued under section 11004(c)(2) of Pub. L. 103-66, 107 
Stat. 412; Sec. 831.682 also issued under section 201(d) of Pub. L. 
99-251, 100 Stat. 23; Sec. 831.912 also issued under section 636 of 
Appendix C to Pub. L. 106-554, 114 Stat. 2763A-164; subpart V also 
issued under 5 U.S.C. 8343a and section 6001 of Pub. L. 100-203, 101 
Stat. 1330-275; Sec. 831.2203 also issued under section 7001(a)(4) 
of Pub. L. 101-508, 104 Stat. 1388-328.

Subpart I--Law Enforcement Officers and Firefighters

0
2. Amend Sec.  831.902 by revising the definition of agency head to 
read as follows:


Sec.  831.902  Definitions.

* * * * *
    Agency head means, for the executive branch agencies, the head of 
an

[[Page 42254]]

executive agency as defined in 5 U.S.C. 105; for the legislative 
branch, the Secretary of the Senate, the Clerk of the House of 
Representatives, or the head of any other legislative branch agency; 
for the judicial branch, the Director of the Administrative Office of 
the U.S. Courts; for the Postal Service, the Postmaster General; and 
for any other independent establishment that is an entity of the 
Federal Government, the head of the establishment. For the purpose of 
an approval of coverage under this subpart, agency head is also deemed 
to include the designated representative of the head of an executive 
department as defined in 5 U.S.C. 101, except that the designated 
representative must be a department headquarters-level official who 
reports directly to the executive department head, or to the deputy 
department head, and who is the sole such representative for the entire 
department. For the purpose of a denial of coverage under this subpart, 
agency head is also deemed to include the designated representative of 
the agency head, as defined in the first sentence of this definition, 
at any level within the agency.
* * * * *

PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY

0
3. The authority citation for part 842 is revised to read as follows:

    Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also 
issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under 
sections 3 and 7(c) of Pub. L. 105-274, 112, Stat. 2419; Sec. 
842.105 also issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec, 
842.106 also issued under section 102(e) of Pub. L. 104-8, 109 Stat. 
102, as amended by section 153 of Pub. L. 104-134, 110 Stat. 1321; 
Sec. 842.107 also issued under sections 11202(f), 11232(e), and 
11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 842.107 also issued 
under section 7(b) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.108 
aslo issued under section 7(e) of Pub. L. 105-274, 112 Stat. 2419; 
Sec. 842.213 also issued under 5 U.S.C. 8414(b)(1)(B) and section 
1313(b)(5) of Pub. L. 107-296, 116 Stat. 2135; Secs. 842.604 and 
842.611 also issued under 5 U.S.C. 8419; Sec. 842.615 also issued 
under 5 U.S.C. 8416 and 8417; Sec. 842.614 also issued under 5 
U.S.C. 8419; Sec. 842.615 also issued under 5 U.S.C. 8418; Sec. 
842.703 also issued under section 7001(a)(4) of Pub. L. 101-508, 104 
Stat. 1388; Sec. 842.707 also issued under section 6001 of Pub. L. 
100-203, 101 Stat. 1300; Sec. 842.708 also issued under section 4005 
of Pub. L. 101-239, 103 Stat. 2106 and section 7001 of Pub. L. 101-
508, 104 Stat. 1388, subpart H also issued under 5 U.S.C. 1104; sec. 
842.810 also issued under Appendix C to Pub. L. 106-554, 114 Stat. 
2763A-164.

Subpart H--Law Enforcement Officers, Firefighters, and Air Traffic 
Controllers

0
4. Amend Sec.  842.802 by revising the definition of agency head to 
read as follows:


Sec.  842.802  Definitions

* * * * *
    Agency head means, for the executive branch agencies, the head of 
an executive agency as defined in 5 U.S.C. 105; for the legialative 
branch, the Secretary of State, the Clerk of the House of 
representatives, or the head of any other legislative branch agency; 
for the judicial branch, the Director of the Administrative Office of 
the U.S. Courts; for the Postal Service, the Postmaster General; and 
for any other independent establishment that is an entity of the 
Federal Government, the head of the establishment. For the purpose of 
an approval of coverage under this subpart, agency head is also deemed 
to include the designated representative of the head of an executive 
department as defined in 5 U.S.C. 101, except that, for provisions 
dealing with law enforcement officers and firefighters, the designated 
representative must be a department headquarters-level official who 
reports directly to the executive department head, or to the deputy 
department head, and who is the sole such represenative for the entire 
department. For the purpose of a denial coverage under this subpart, 
agency head is also deemed to include the designated representative of 
the agency head, as defined in the first sentence of this definition, 
at any level within the agency.
* * * * *
[FR Doc. 05-14240 Filed 7-21-05; 8:45 am]
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