First Responder Fair RETIRE Act

I 116TH CONGRESS 1ST SESSION H. R. 1256 To permit disabled law enforcement officers, customs and border protection officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Capitol Police, members of the Supreme Court Police, employees of the Central Intelligence Agency performing intelligence ac- tivities abroad or having specialized security requirements, and diplomatic security special agents of the Department of State to receive retirement benefits in the same manner as if they had not been disabled. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 14, 2019 Mr. CONNOLLY (for himself, Mr. KING of New York, and Mr. LANGEVIN) in- troduced the following bill; which was referred to the Committee on Over- sight and Reform, and in addition to the Committees on Intelligence (Permanent Select), and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To permit disabled law enforcement officers, customs and border protection officers, firefighters, air traffic control- lers, nuclear materials couriers, members of the Capitol Police, members of the Supreme Court Police, employees of the Central Intelligence Agency performing intelligence activities abroad or having specialized security require- ments, and diplomatic security special agents of the De- partment of State to receive retirement benefits in the same manner as if they had not been disabled. VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1256 IH 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 ‘‘First Responder Fair 4 Return for Employees on Their Initial Retirement Earned 5 Act of 2019’’ or the ‘‘First Responder Fair RETIRE 6 Act’’. 7 SEC. 2. SENSE OF CONGRESS. 8 It is the sense of Congress that— 9 (1) it is in the best national and homeland se- 10 curity interests of the United States for Federal 11 agencies to retain the specialized knowledge and ex- 12 perience of individuals who suffer an injury or illness 13 while serving in a covered position (as defined under 14 the amendments made by this Act); and 15 (2) Federal agencies should ensure, to the 16 greatest extent possible, that an individual who can 17 no longer carry out the duties of a covered position, 18 and is reappointed to a position in the civil service 19 that is not a covered position, is reappointed within 20 the same Federal agency, in the same geographic lo- 21 cation, and at a level of pay commensurate to the 22 position which the individual held immediately prior 23 to such injury or illness. 24 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1256 IH SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES. 1 (a) CSRS.—Section 8336(c) of title 5, United States 2 Code, is amended by adding at the end the following: 3 ‘‘(3)(A) In this paragraph— 4 ‘‘(i) the term ‘affected individual’ means an in- 5 dividual covered under this subchapter who— 6 ‘‘(I) is performing service in a covered po- 7 sition; 8 ‘‘(II) while on duty, becomes ill or is in- 9 jured as a direct result of the performance of 10 such duties before the date on which the indi- 11 vidual becomes entitled to an annuity under 12 paragraph (1) of this subsection or subsection 13 (e), (m), or (n), as applicable; 14 ‘‘(III) because of the illness or injury de- 15 scribed in subclause (II), is permanently unable 16 to render useful and efficient service in the em- 17 ployee’s covered position, as determined by the 18 agency in which the individual was serving 19 when such individual incurred the illness or in- 20 jury; and 21 ‘‘(IV) is appointed to a position in the civil 22 service that— 23 ‘‘(aa) is not a covered position; and 24 ‘‘(bb) is within an agency that regu- 25 larly appoints individuals to supervisory or 26 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1256 IH administrative positions related to the ac- 1 tivities of the former covered position of 2 the individual; 3 ‘‘(ii) the term ‘covered position’ means a posi- 4 tion as a law enforcement officer, customs and bor- 5 der protection officer, firefighter, air traffic con- 6 troller, nuclear materials courier, member of the 7 Capitol Police, or member of the Supreme Court Po- 8 lice. 9 ‘‘(B) Unless an affected individual files an election 10 described in subparagraph (E), creditable service by the 11 affected individual in a position described in subparagraph 12 (A)(i)(IV) shall be treated as creditable service in a cov- 13 ered position for purposes of this chapter and determining 14 the amount to be deducted and withheld from the pay of 15 the affected individual under section 8334. 16 ‘‘(C) Subparagraph (B) shall only apply if the af- 17 fected employee transitions to a position described in sub- 18 paragraph (A)(i)(IV) without a break in service exceeding 19 3 days. 20 ‘‘(D) The service of an affected individual shall no 21 longer be eligible for treatment under subparagraph (B) 22 if such service occurs after the individual— 23 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1256 IH ‘‘(i) is transferred to a supervisory or adminis- 1 trative position related to the activities of the former 2 covered position of the individual; or 3 ‘‘(ii) meets the age and service requirements 4 that would subject the individual to mandatory sepa- 5 ration under section 8335 if such individual had re- 6 mained in the former covered position. 7 ‘‘(E) In accordance with procedures established by 8 the Director of the Office of Personnel Management, an 9 affected individual may file an election to have any cred- 10 itable service performed by the affected individual treated 11 in accordance with this chapter without regard to subpara- 12 graph (B). 13 ‘‘(F) Nothing in this paragraph shall be construed 14 to apply to such affected individual any other pay-related 15 laws or regulations applicable to a covered position.’’. 16 (b) FERS.— 17 (1) IN GENERAL.—Section 8412(d) of title 5, 18 United States Code, is amended— 19 (A) by redesignating paragraphs (1) and 20 (2) as subparagraphs (A) and (B), respectively; 21 (B) by inserting ‘‘(1)’’ before ‘‘An em- 22 ployee’’; and 23 (C) by adding at the end the following: 24 ‘‘(2)(A) In this paragraph— 25 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1256 IH ‘‘(i) the term ‘affected individual’ means an in- 1 dividual covered under this chapter who— 2 ‘‘(I) is performing service in a covered po- 3 sition; 4 ‘‘(II) while on duty, becomes ill or is in- 5 jured as a direct result of the performance of 6 such duties before the date on which the indi- 7 vidual becomes entitled to an annuity under 8 paragraph (1) of this subsection or subsection 9 (e), as applicable; 10 ‘‘(III) because of the illness or injury de- 11 scribed in subclause (II), is permanently unable 12 to render useful and efficient service in the em- 13 ployee’s covered position, as determined by the 14 agency in which the individual was serving 15 when such individual incurred the illness or in- 16 jury; and 17 ‘‘(IV) is appointed to a position in the civil 18 service that— 19 ‘‘(aa) is not a covered position; and 20 ‘‘(bb) is within an agency that regu- 21 larly appoints individuals to supervisory or 22 administrative positions related to the ac- 23 tivities of the former covered position of 24 the individual; 25 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1256 IH ‘‘(ii) the term ‘covered position’ means a posi- 1 tion as a law enforcement officer, customs and bor- 2 der protection officer, firefighter, air traffic con- 3 troller, nuclear materials courier, member of the 4 Capitol Police, or member of the Supreme Court Po- 5 lice. 6 ‘‘(B) Unless an affected individual files an election 7 described in subparagraph (E), creditable service by the 8 affected individual in a position described in subparagraph 9 (A)(i)(IV) shall be treated as creditable service in a cov- 10 ered position for purposes of this chapter and determining 11 the amount to be deducted and withheld from the pay of 12 the affected individual under section 8422. 13 ‘‘(C) Subparagraph (B) shall only apply if the af- 14 fected employee transitions to a position described in sub- 15 paragraph (A)(i)(IV) without a break in service exceeding 16 3 days. 17 ‘‘(D) The service of an affected individual shall no 18 longer be eligible for treatment under subparagraph (B) 19 if such service occurs after the individual— 20 ‘‘(i) is transferred to a supervisory or adminis- 21 trative position related to the activities of the former 22 covered position of the individual; or 23 ‘‘(ii) meets the age and service requirements 24 that would subject the individual to mandatory sepa- 25 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1256 IH ration under section 8425 if such individual had re- 1 mained in the former covered position. 2 ‘‘(E) In accordance with procedures established by 3 the Director of the Office of Personnel Management, an 4 affected individual may file an election to have any cred- 5 itable service performed by the affected individual treated 6 in accordance with this chapter without regard to subpara- 7 graph (B). 8 ‘‘(F) Nothing in this paragraph shall be construed 9 to apply to such affected individual any other pay-related 10 laws or regulations applicable to a covered position.’’. 11 (2) TECHNICAL AND CONFORMING AMEND- 12 MENTS.— 13 (A) Chapter 84 of title 5, United States 14 Code, is amended— 15 (i) in section 8414(b)(3), by inserting 16 ‘‘(1)’’ after ‘‘subsection (d)’’; 17 (ii) in section 8415— 18 (I) in subsection (e), in the mat- 19 ter preceding paragraph (1), by in- 20 serting ‘‘(1)’’ after ‘‘subsection (d)’’; 21 and 22 (II) in subsection (h)(2)(A), by 23 striking ‘‘(d)(2)’’ and inserting 24 ‘‘(d)(1)(B)’’; 25 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 9 •HR 1256 IH (iii) in section 8421(a)(1), by insert- 1 ing ‘‘(1)’’ after ‘‘(d)’’; 2 (iv) in section 8421a(b)(4)(B)(ii), by 3 inserting ‘‘(1)’’ after ‘‘section 8412(d)’’; 4 (v) in section 8425, by inserting ‘‘(1)’’ 5 after ‘‘section 8412(d)’’ each place it ap- 6 pears; and 7 (vi) in section 8462(c)(3)(B)(ii), by 8 inserting ‘‘(1)’’ after ‘‘subsection (d)’’. 9 (B) Title VIII of the Foreign Service Act 10 of 1980 (22 U.S.C. 4041 et seq.) is amended— 11 (i) in section 805(d)(5) (22 U.S.C. 12 4045(d)(5)), by inserting ‘‘(1)’’ after ‘‘or 13 8412(d)’’; and 14 (ii) in section 812(a)(2)(B) (22 15 U.S.C. 4052(a)(2)(B)), by inserting ‘‘(1)’’ 16 after ‘‘or 8412(d)’’. 17 (c) CIA EMPLOYEES.—Section 302 of the Central In- 18 telligence Agency Retirement Act (50 U.S.C. 2152) is 19 amended by adding at the end the following: 20 ‘‘(d) EMPLOYEES DISABLED ON DUTY.— 21 ‘‘(1) DEFINITIONS.—In this subsection— 22 ‘‘(A) the term ‘affected employee’ means 23 an employee of the Agency covered under sub- 24 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 10 •HR 1256 IH chapter II of chapter 84 of title 5, United 1 States Code, who— 2 ‘‘(i) is performing service in a position 3 designated under subsection (a); 4 ‘‘(ii) while on duty in the position des- 5 ignated under subsection (a), becomes ill 6 or is injured as a direct result of the per- 7 formance of such duties before the date on 8 which the employee becomes entitled to an 9 annuity under section 233 of this Act or 10 section 8412(d)(1) of title 5, United States 11 Code; 12 ‘‘(iii) because of the illness or injury 13 described in clause (ii), is permanently un- 14 able to render useful and efficient service 15 in the employee’s covered position, as de- 16 termined by the Director; and 17 ‘‘(iv) is appointed to a position in the 18 civil service that is not a covered position 19 but is within the Agency; and 20 ‘‘(B) the term ‘covered position’ means a 21 position as— 22 ‘‘(i) a law enforcement officer de- 23 scribed in section 8331(20) or 8401(17) of 24 title 5, United States Code; 25 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 11 •HR 1256 IH ‘‘(ii) a customs and border protection 1 officer described in section 8331(31) or 2 8401(36) of title 5, United States Code; 3 ‘‘(iii) a firefighter described in section 4 8331(21) or 8401(14) of title 5, United 5 States Code; 6 ‘‘(iv) an air traffic controller described 7 in section 8331(30) or 8401(35) of title 5, 8 United States Code; 9 ‘‘(v) a nuclear materials courier de- 10 scribed in section 8331(27) or 8401(33) of 11 title 5, United States Code; 12 ‘‘(vi) a member of the United States 13 Capitol Police; 14 ‘‘(vii) a member of the Supreme Court 15 Police; 16 ‘‘(viii) an affected employee; or 17 ‘‘(ix) a special agent described in sec- 18 tion 804(15) of the Foreign Service Act of 19 1980 (22 U.S.C. 4044(15)). 20 ‘‘(2) TREATMENT OF SERVICE AFTER DIS- 21 ABILITY.—Unless an affected employee files an elec- 22 tion described in paragraph (3), creditable service by 23 the affected employee in a position described in 24 paragraph (1)(A)(iv) shall be treated as creditable 25 VerDate Sep 11 2014 02:32 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1256.IH H1256 pbinns on DSK79D2C42PROD with BILLS 12 •HR 1256 IH service in a covered position for purposes of this Act 1 and chapter 84 of title 5, United States Code, in- 2 cluding eligibility for an annuity under section 233 3 of this Act or 8412(d)(1) of title 5, United States 4 Code, and determining the amount to be deducted 5 and withheld from the pay of the affected employee 6 under section 8422 of title 5, United States Code. 7 ‘‘(3) BREAK IN SERVICE.—Paragraph (2) shall 8 only apply if the affected employee transitions to a 9 position described in paragraph (1)(A)(iv) witho [Text truncated for display. 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