    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

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

    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 1387]]
    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 1388]]
    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:
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    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Oct. 8, considered and passed House.
    Nov. 11, considered and passed Senate.