What This Bill Does
This bill expands which federal employees count as "law enforcement officers" for retirement purposes. It adds five new job categories to the definition used in federal retirement systems. The bill also lets current employees in these positions count their past work toward law enforcement retirement benefits if they choose to do so.
Who It Affects
Federal employees in these positions:
- Employees who investigate or arrest people suspected of federal crimes and carry firearms
- Internal Revenue Service employees who collect unpaid taxes or secure unpaid tax returns
- United States Postal Inspection Service employees
- Department of Veterans Affairs police officers
- U.S. Customs and Border Protection seized property specialists in the GS-1801 job series
The Office of Personnel Management (the federal agency that manages federal employee benefits) also must implement the law.
Key Provisions
- Five new federal job categories are added to the law enforcement officer definition for retirement purposes (Sec. 2(a))
- Federal employees already working in these positions can choose to count their past service as law enforcement work for retirement benefits if they request it within five years or before they leave their job, whichever comes first (Sec. 3(b)(2))
- Employees who choose to count past service must pay back the difference in retirement contributions they should have paid, plus interest (Sec. 3(c))
- The federal government must pay back the difference in employer contributions it should have made, spread over 10 years (Sec. 3(d)(2))
- Law enforcement officers cannot be forced to retire for three years after the law takes effect (Sec. 3(e))
What Changes
If this bill becomes law, these five new job categories count as law enforcement officer positions for the federal retirement systems called the Federal Employees Retirement System and the Civil Service Retirement System. Current employees in these jobs can elect to have their past work count toward law enforcement retirement benefits instead of regular employee retirement benefits. This may give them higher retirement payments. Employees who make this choice must pay extra money to cover what they should have contributed before, and their agencies must pay back what they should have contributed as employers.
Important Definitions
- "Incumbent": A person hired as a law enforcement officer before the bill becomes law who is still working on the day the bill becomes law (Sec. 3(a)(3))
- "Prior service": Work done by an incumbent before they start paying the new retirement contributions (Sec. 3(a)(5))
- "Service": Work done as a law enforcement officer (Sec. 3(a)(6))
- "Law enforcement officer": A person who meets the job requirements under the new definition after this bill's changes (Sec. 3(a)(4))
Effective Date
The new retirement rules apply to employees hired on or after the date the bill becomes law, and to current employees who make an election within five years or before they leave their job (Sec. 2(c)).
I
118TH CONGRESS
1ST SESSION H. R. 1322
To amend title 5, United States Code, to include certain Federal positions
within the definition of law enforcement officer for retirement purposes,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2023
Mr. PASCRELL (for himself, Mr. FITZPATRICK, Mr. GARBARINO, and Mr.
CONNOLLY) introduced the following bill; which was referred to the Com-
mittee on Oversight and Accountability
A BILL
To amend title 5, United States Code, to include certain
Federal positions within the definition of law enforce-
ment officer for retirement purposes, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Law Enforcement Offi-
4
cers Equity Act’’.
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•HR 1322 IH
SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFI-
1
NITION OF LAW ENFORCEMENT OFFICER
2
FOR PURPOSES OF RETIREMENT.
3
(a) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—
4
Section 8401(17) of title 5, United States Code, is amend-
5
ed—
6
(1) in subparagraph (C)—
7
(A) by striking ‘‘subparagraph (A) and
8
(B)’’ and inserting ‘‘subparagraphs (A), (B),
9
(E), (F), (G), (H), and (I)’’; and
10
(B) by striking ‘‘and’’ at the end; and
11
(2) by adding at the end the following:
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‘‘(E) an employee not otherwise covered by
13
this paragraph—
14
‘‘(i) the duties of whose position in-
15
clude the investigation or apprehension of
16
individuals suspected or convicted of of-
17
fenses against the criminal laws of the
18
United States; and
19
‘‘(ii) who is authorized to carry a fire-
20
arm;
21
‘‘(F) an employee of the Internal Revenue
22
Service, the duties of whose position are pri-
23
marily the—
24
‘‘(i) collection of delinquent taxes; and
25
‘‘(ii) securing of delinquent returns;
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•HR 1322 IH
‘‘(G) an employee of the United States
1
Postal Inspection Service;
2
‘‘(H) an employee of the Department of
3
Veterans Affairs who is a Department police of-
4
ficer under section 902 of title 38; and
5
‘‘(I) an employee of U.S. Customs and
6
Border Protection—
7
‘‘(i) who is a seized property specialist
8
in the GS–1801 job series; and
9
‘‘(ii) the duties of whose position in-
10
clude activities relating to the efficient and
11
effective custody, management, and dis-
12
position of seized and forfeited property;’’.
13
(b) CIVIL SERVICE RETIREMENT SYSTEM.—Section
14
8331(20) of title 5, United States Code, is amended, in
15
the matter preceding subparagraph (A)—
16
(1) by inserting ‘‘and an individual described in
17
any of subparagraphs (E) through (I) of section
18
8401(17)’’ after ‘‘United States’’; and
19
(2) by striking ‘‘this activity’’ and inserting
20
‘‘such activity or described in any such subpara-
21
graph’’.
22
(c) APPLICATION.—The amendments made by this
23
section shall apply to any—
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•HR 1322 IH
(1) individual who is appointed as a law en-
1
forcement officer—
2
(A) as defined in section 8331(20) or
3
8401(17) of title 5, United States Code (as
4
amended by this section); and
5
(B) on or after the date of enactment of
6
this Act; and
7
(2) incumbent (as defined in section 3(a)(3)),
8
consistent with the requirements of section 3.
9
SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS.
10
(a) DEFINITIONS.—In this section—
11
(1) the term ‘‘Director’’ means the Director of
12
the Office of Personnel Management;
13
(2) the term ‘‘Fund’’ means the Civil Service
14
Retirement and Disability Fund;
15
(3) the term ‘‘incumbent’’ means an individual
16
who—
17
(A) was appointed as a law enforcement
18
officer before the date of enactment of this Act;
19
and
20
(B) is serving as a law enforcement officer
21
on the date of enactment of this Act;
22
(4) the term ‘‘law enforcement officer’’ means
23
an individual who satisfies the requirements of sec-
24
tion 8331(20) or 8401(17) of title 5, United States
25
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•HR 1322 IH
Code, by virtue of the amendments made by section
1
2;
2
(5) the term ‘‘prior service’’ means, with re-
3
spect to an incumbent who makes an election under
4
subsection (b)(2), service performed by the incum-
5
bent before the date on which appropriate retirement
6
deductions begin to be made under the election; and
7
(6) the term ‘‘service’’ means service performed
8
by an individual as a law enforcement officer.
9
(b) TREATMENT OF SERVICE PERFORMED BY IN-
10
CUMBENTS.—
11
(1) SERVICE ON OR AFTER DATE OF ENACT-
12
MENT.—Service performed by an incumbent on or
13
after the date of enactment of this Act shall be
14
treated as service performed as a law enforcement
15
officer.
16
(2) SERVICE BEFORE DATE OF ENACTMENT.—
17
Service performed by an incumbent before the date
18
of enactment of this Act shall, for purposes of sub-
19
chapter III of chapter 83 and chapter 84 of title 5,
20
United States Code, be treated as service performed
21
as a law enforcement officer only if the incumbent
22
submits a written election to the Director by the ear-
23
lier of—
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•HR 1322 IH
(A) the date that is 5 years after the date
1
of enactment of this Act; or
2
(B) the day before the date on which the
3
incumbent separates from the service.
4
(c) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV-
5
ICE.—
6
(1) IN GENERAL.—An incumbent who makes an
7
election under subsection (b)(2) may, with respect to
8
prior service performed by the incumbent, pay a de-
9
posit into the Fund equal to the sum of—
10
(A) the difference between—
11
(i) the amount that would have been
12
deducted during the period of prior service
13
under section 8334 or 8422 of title 5,
14
United States Code, from the pay of the
15
incumbent if the amendments made by sec-
16
tion 2 had been in effect during the prior
17
service; and
18
(ii) the amount that was deducted
19
during the period of prior service under
20
section 8334 or 8422 of title 5, United
21
States Code; and
22
(B) interest on the amount described in
23
subparagraph (A)(i), as computed under—
24
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•HR 1322 IH
(i) paragraphs (2) and (3) of section
1
8334(e) of title 5, United States Code; and
2
(ii) regulations promulgated by the
3
Director.
4
(2) EFFECT OF NOT CONTRIBUTING.—If an in-
5
cumbent does not pay the full amount of the deposit
6
described in paragraph (1), all prior service of the
7
incumbent—
8
(A) shall remain fully creditable as a law
9
enforcement officer; and
10
(B) the resulting annuity shall be re-
11
duced—
12
(i) in a manner similar to that de-
13
scribed in section 8334(d)(2) of title 5,
14
United States Code; and
15
(ii) to the extent necessary to make
16
up the amount unpaid.
17
(d) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERV-
18
ICE.—
19
(1) IN GENERAL.—If an incumbent makes an
20
election under subsection (b)(2), an agency that em-
21
ployed the incumbent during any prior service of the
22
incumbent shall remit to the Director, for deposit in
23
the Fund, an amount equal to the sum of—
24
(A) the difference between—
25
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•HR 1322 IH
(i) the total amount of Government
1
contributions that would have been paid
2
under section 8334 or 8423 of title 5,
3
United States Code, if the amendments
4
made by section 2 had been in effect dur-
5
ing the prior service; and
6
(ii) the total amount of Government
7
contributions paid under section 8334 or
8
8423 of title 5, United States Code; and
9
(B) interest on the amount described in
10
subparagraph (A)(i), as computed in accordance
11
with—
12
(i) paragraphs (2) and (3) of section
13
8334(e) of title 5, United States Code; and
14
(ii) regulations promulgated by the
15
Director.
16
(2) CONTRIBUTIONS TO BE MADE RATABLY.—
17
Government contributions under this subsection on
18
behalf of an incumbent shall be made by the agency
19
ratably (not less frequently than annually) over the
20
10-year period beginning on the date described in
21
subsection (a)(5).
22
(e) EXEMPTION FROM MANDATORY SEPARATION.—
23
Notwithstanding section 8335(b) or 8425(b) of title 5,
24
United States Code, a law enforcement officer shall not
25
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•HR 1322 IH
be subject to mandatory separation during the 3-year pe-
1
riod beginning on the date of enactment of this Act.
2
(f) REGULATIONS.—The Director shall prescribe reg-
3
ulations to carry out this Act, including regulations for
4
the application of this section in the case of any individual
5
entitled to a survivor annuity (based on the service of an
6
incumbent who dies before making an election under sub-
7
section (b)(2)), to the extent of any rights that would have
8
been available to the decedent if still living.
9
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
10
tion shall be considered to apply in the case of a reem-
11
ployed annuitant.
12
Æ
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