First Responder Fair Return for Employees on Their Initial Retirement Earned Act of 2017 or the First Responder Fair RETIRE Act
This bill preserves special federal retirement benefits for certain law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, and diplomatic special security agents who cannot meet the minimum age and service requirements for special retirement benefits due to a work-related injury or illness.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3303 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3303
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 activities 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
July 19, 2017
Mr. Connolly (for himself, Mr. King of New York, and Mr. Langevin)
introduced the following bill; which was referred to the Committee on
Oversight and Government Reform, and in addition to the Committees on
Intelligence, and Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions 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 controllers, 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 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responder Fair Return for
Employees on Their Initial Retirement Earned Act of 2017'' or the
``First Responder Fair RETIRE Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the best national and homeland security
interests of the United States for Federal agencies to retain
the specialized knowledge and experience of individuals who
suffer an injury or illness while serving in a covered position
(as defined under the amendments made by this Act); and
(2) in developing regulations to carry out this Act and the
amendments made by this Act, the Director of the Office of
Personnel Management and the Secretary of Labor should ensure,
to the greatest extent possible, that the reappointment of an
individual to a position in the civil service that is not a
covered position is with the same Federal agency, in the same
geographic location, and at a level of pay commensurate to the
position which the individual held immediately prior to such
injury or illness.
SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES.
(a) CSRS.--Section 8336(c) of title 5, United States Code, is
amended by adding at the end the following:
``(3)(A) In this paragraph--
``(i) the term `covered individual' means an individual
covered under this subchapter who--
``(I) is performing service in a covered position;
``(II) has performed not less than 3 years of
creditable service in a covered position;
``(III) while in the performance of the duties of
the individual, becomes ill or is injured before the
date on which the individual becomes entitled to an
annuity under paragraph (1) of this subsection or
subsection (e), (m), or (n), as applicable;
``(IV) because of the illness or injury described
in subclause (III), is permanently unable to continue
service in a covered position, determined in accordance
with regulations promulgated by the Director of the
Office of Personnel Management, in consultation with
the Secretary of Labor; and
``(V) is appointed to a position in the civil
service that is not a covered position; and
``(ii) the term `covered position' means a position as a
law enforcement officer, customs and border protection officer,
firefighter, air traffic controller, nuclear materials courier,
member of the Capitol Police, member of the Supreme Court
Police, an employee of the Central Intelligence Agency
designated under section 302(a) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2152(a)), or special agent
described in section 804(15) of the Foreign Service Act of 1980
(22 U.S.C. 4044(15)).
``(B) Unless a covered individual files an election described in
subparagraph (C), creditable service by the covered individual in a
position described in subparagraph (A)(i)(V) shall be treated as
creditable service in a covered position for purposes of this chapter,
including eligibility for an annuity under paragraph (1) of this
subsection or subsection (e), (m), or (n), as applicable, and
determining the amount to be deducted and withheld from the pay of the
covered individual under section 8334.
``(C) In accordance with procedures established by the Director of
the Office of Personnel Management, a covered individual may file an
election to have any creditable service performed by the covered
individual treated in accordance with this chapter, without regard to
subparagraph (B).
``(D) If a covered individual who has not filed an election
described in subparagraph (C) separates from service before the date on
which the covered individual becomes entitled to an annuity under
paragraph (1) of this subsection or subsection (e), (m), or (n), as
applicable, the covered individual shall be entitled to a lump sum
payment from the Fund of the difference between--
``(i) the amount that was deducted and withheld from the
pay of the covered individual; and
``(ii) the amount that would have been deducted and
withheld from the pay of the covered individual if the covered
individual had made an election described in subparagraph
(C).''.
(b) FERS.--
(1) In general.--Section 8412(d) of title 5, United States
Code, is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' before ``An employee'';
and
(C) by adding at the end the following:
``(2)(A) In this paragraph--
``(i) the term `covered individual' means an individual
covered under this chapter who--
``(I) is performing service in a covered position;
``(II) has performed not less than 3 years of
creditable service in a covered position;
``(III) while in the performance of the duties of
the individual, becomes ill or is injured before the
date on which the individual becomes entitled to an
annuity under paragraph (1) of this subsection or
subsection (e), as applicable;
``(IV) because of the illness or injury described
in subclause (III), is permanently unable to continue
service in a covered position, determined in accordance
with regulations promulgated by the Director of the
Office of Personnel Management, in consultation with
the Secretary of Labor; and
``(V) is appointed to a position in the civil
service that is not a covered position; and
``(ii) the term `covered position' means a position as a
law enforcement officer, customs and border protection officer,
firefighter, air traffic controller, nuclear materials courier,
member of the Capitol Police, member of the Supreme Court
Police, an employee of the Central Intelligence Agency
designated under section 302(a) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2152(a)), or special agent
described in section 804(15) of the Foreign Service Act of 1980
(22 U.S.C. 4044(15)).
``(B) Unless a covered individual files an election described in
subparagraph (C), creditable service by the covered individual in a
position described in subparagraph (A)(i)(V) shall be treated as
creditable service in a covered position for purposes of this chapter,
including eligibility for an annuity under paragraph (1) of this
subsection or subsection (e), as applicable, and determining the amount
to be deducted and withheld from the pay of the covered individual
under section 8422.
``(C) In accordance with procedures established by the Director of
the Office of Personnel Management, a covered individual may file an
election to have any creditable service performed by the covered
individual treated in accordance with this chapter, without regard to
subparagraph (B).
``(D) If a covered individual who has not filed an election
described in subparagraph (C) separates from service before the date on
which the covered individual becomes entitled to an annuity under
paragraph (1) of this subsection or subsection (e), as applicable, the
covered individual shall be entitled to a lump sum payment from the
Fund of the difference between--
``(i) the amount that was deducted and withheld from the
pay of the covered individual; and
``(ii) the amount that would have been deducted and
withheld from the pay of the covered individual if the covered
individual had made an election described in subparagraph
(C).''.
(2) Technical and conforming amendments.--
(A) Chapter 84 of title 5, United States Code, is
amended--
(i) in section 8414(b)(3), by inserting
``(1)'' after ``subsection (d)'';
(ii) in section 8415--
(I) in subsection (e), in the
matter preceding paragraph (1), by
inserting ``(1)'' after ``subsection
(d)''; and
(II) in subsection (h)(2)(A), by
striking ``(d)(2)'' and inserting
``(d)(1)(B)'';
(iii) in section 8421(a)(1), by inserting
``(1)'' after ``(d)'';
(iv) in section 8421a(b)(4)(B)(ii), by
inserting ``(1)'' after ``section 8412(d)'';
(v) in section 8425, by inserting ``(1)''
after ``section 8412(d)'' each place it
appears; and
(vi) in section 8462(c)(3)(B)(ii), by
inserting ``(1)'' after ``subsection (d)''.
(B) Title VIII of the Foreign Service Act of 1980
(22 U.S.C. 4041 et seq.) is amended--
(i) in section 805(d)(5) (22 U.S.C.
4045(d)(5)), by inserting ``(1)'' after ``or
8412(d)''; and
(ii) in section 812(a)(2)(B) (22 U.S.C.
4052(a)(2)(B)), by inserting ``(1)'' after ``or
8412(d)''.
(c) CIA Employees.--Section 302 of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2152) is amended by adding at the end the
following:
``(d) Employees Disabled on Duty.--
``(1) Definitions.--In this subsection--
``(A) the term `covered employee' means an employee
of the Agency covered under subchapter II of chapter 84
of title 5, United States Code, who--
``(i) is performing service in a position
designated under subsection (a);
``(ii) has performed not less than 3 years
of creditable service in a covered position;
``(iii) while in the performance of the
duties of the employee in the position
designated under subsection (a), becomes ill or
is injured before the date on which the
employee becomes entitled to an annuity under
section 233 of this Act or section 8412(d)(1)
of title 5, United States Code;
``(iv) because of the illness or injury
described in clause (iii), is permanently
unable to continue service in a covered
position, determined in accordance with
regulations promulgated by the Director of the
Office of Personnel Management, in consultation
with the Secretary of Labor; and
``(v) is appointed to a position in the
civil service that is not a covered position;
and
``(B) the term `covered position' means a position
as--
``(i) a law enforcement officer described
in section 8331(20) or 8401(17) of title 5,
United States Code;
``(ii) a customs and border protection
officer described in section 8331(31) or
8401(36) of title 5, United States Code;
``(iii) a firefighter described in section
8331(21) or 8401(14) of title 5, United States
Code;
``(iv) an air traffic controller described
in section 8331(30) or 8401(35) of title 5,
United States Code;
``(v) a nuclear materials courier described
in section 8331(27) or 8401(33) of title 5,
United States Code;
``(vi) a member of the United States
Capitol Police;
``(vii) a member of the Supreme Court
Police;
``(viii) a covered employee; or
``(ix) a special agent described in section
804(15) of the Foreign Service Act of 1980 (22
U.S.C. 4044(15)).
``(2) Treatment of service after disability.--Unless a
covered employee files an election described in paragraph (3),
creditable service by the covered employee in a position
described in paragraph (1)(A)(v) shall be treated as creditable
service in a covered position for purposes of this Act and
chapter 84 of title 5, United States Code, including
eligibility for an annuity under section 233 of this Act or
8412(d)(1) of title 5, United States Code, and determining the
amount to be deducted and withheld from the pay of the covered
employee under section 8422 of title 5, United States Code.
``(3) Opt out.--In accordance with procedures established
by the Director of the Office of Personnel Management, a
covered employee may file an election to have any creditable
service performed by the covered employee treated in accordance
with chapter 84 of title 5, United States Code, without regard
to paragraph (2).
``(4) Separation before retirement eligibility.--If a
covered employee who has not filed an election described in
paragraph (3) separates from service before the date on which
the covered employee becomes entitled to an annuity under
section 233 of this Act or 8412(d)(1) of title 5, United States
Code, the covered employee shall be entitled to a lump sum
payment from the Fund of the difference between--
``(A) the amount that was deducted and withheld
from the pay of the covered employee; and
``(B) the amount that would have been deducted and
withheld from the pay of the covered employee if the
covered employee had made an election described in
paragraph (3).''.
(d) Foreign Service Retirement and Disability System.--Section
806(a)(6) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)(6)) is
amended by adding at the end the following:
``(D)(i) In this subparagraph--
``(I) the term `covered special agent' means an individual
covered under this subchapter who--
``(aa) is performing service as a special agent;
``(bb) has performed not less than 3 years of
creditable service in a covered position;
``(cc) while in the performance of the duties of
the individual as a special agent, becomes ill or is
injured before the date on which the individual becomes
entitled to an annuity under section 811;
``(dd) because of the illness or injury described
in item (cc), is permanently unable to continue service
in a covered position, determined in accordance with
regulations promulgated by the Director of the Office
of Personnel Management, in consultation with the
Secretary of Labor; and
``(ee) is appointed to a position in the Foreign
Service that is not a covered position; and
``(II) the term `covered position' means a position as--
``(aa) a law enforcement officer described in
section 8331(20) or 8401(17) of title 5, United States
Code;
``(bb) a customs and border protection officer
described in section 8331(31) or 8401(36) of title 5,
United States Code;
``(cc) a firefighter described in section 8331(21)
or 8401(14) of title 5, United States Code;
``(dd) an air traffic controller described in
section 8331(30) or 8401(35) of title 5, United States
Code;
``(ee) a nuclear materials courier described in
section 8331(27) or 8401(33) of title 5, United States
Code;
``(ff) a member of the United States Capitol
Police;
``(gg) a member of the Supreme Court Police;
``(hh) an employee of the Central Intelligence
Agency designated under section 302(a) of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2152(a));
or
``(ii) a special agent.
``(ii) Unless a covered special agent files an election described
in clause (iii), creditable service by the covered special agent in a
position described in clause (i)(I)(ee) shall be treated as creditable
service as a special agent for purposes of this subchapter, including
determining the amount to be deducted and withheld from the pay of the
individual under section 805.
``(iii) In accordance with procedures established by the Secretary,
a covered special agent may file an election to have any creditable
service performed by the covered special agent treated in accordance
with this subchapter, without regard to clause (ii).
``(iv) If a covered special agent who has not filed an election
described in clause (iii) separates from service before the date on
which the covered special agent becomes entitled to an annuity under
section 811, the covered special agent shall be entitled to a lump sum
payment from the Fund of the difference between--
``(I) the amount that was deducted and withheld from the
pay of the covered special agent; and
``(II) the amount that would have been deducted and
withheld from the pay of the covered special agent if the
covered special agent had made an election described in clause
(iii).''.
(e) Implementation.--
(1) In general.--The Director of the Office of Personnel
Management--
(A) not later than 60 days after the date of
enactment of this Act, and in consultation with the
Secretary of Labor, shall promulgate regulations
regarding determining when an individual is permanently
unable to continue service in a covered position (as
defined in section 302(d) of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2152(d)), as added by
this Act);
(B) shall promulgate regulations to carry out the
amendments made by subsections (a), (b), and (c); and
(C) not later than 1 year after the date of
enactment of this Act, shall issue guidance for
agencies regarding implementation of the amendments
made by subsections (a), (b), and (c).
(2) Foreign service retirement and disability system.--The
Secretary of State shall promulgate regulations to carry out
the amendment made by subsection (d).
(f) Effective Date; Applicability.--The amendments made by this
section--
(1) shall take effect on the date of enactment of this Act;
and
(2) shall apply to an individual who suffers an illness or
injury described in section 8336(c)(3)(A)(i)(III) or section
8412(d)(2)(A)(i)(III) of title 5, United States Code, as
amended by this section, section 302(d)(1)(A)(iii) of the
Central Intelligence Agency Retirement Act, as amended by this
section, or section 806(a)(6)(D)(i)(I)(cc) of the Foreign
Service Act of 1980, as amended by this section, on or after
the date that is 2 years after the date of enactment of this
Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government 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 provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government 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 provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government 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 provisions as fall within the jurisdiction of the committee concerned.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
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