[108th Congress Public Law 133]
[From the U.S. Government Printing Office]


[DOCID: f:publ133.108]

[[Page 1385]]

       DISTRICT OF COLUMBIA MILITARY RETIREMENT EQUITY ACT OF 2003

[[Page 117 STAT. 1386]]

Public Law 108-133
108th Congress

                                 An Act


 
 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. <<NOTE: Nov. 22, 2003 - [H.R. 3054]>>


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: District of Columbia 
Military Retirement Equity Act of 2003.>> 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 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

[[Page 117 STAT. 1387]]

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) <<NOTE: Effective date.>> 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)''.

[[Page 117 STAT. 1388]]

    (c) Effective Date.--The <<NOTE: Applicability.>> amendments made by 
this section shall apply with respect to Federal benefit payments made 
after the date of the enactment of this Act.

    Approved November 22, 2003.

LEGISLATIVE HISTORY--H.R. 3054:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 149 (2003):
            Oct. 8, considered and passed House.
            Nov. 11, considered and passed Senate.

                                  <all>
