First Responder Fair Return for Employees on Their Initial Retirement Earned Act or the First Responder Fair RETIRE Act
This act allows disabled federal first responders (e.g., law enforcement officers, customs and border protection officers, and firefighters) to continue receiving federal retirement benefits in the same manner as though they had not been disabled.
Under current law, federal first responders are subject to a mandatory retirement age of 57. To facilitate this earlier retirement, federal first responders are required to pay a greater percentage of their salary towards retirement. Additionally, their annuity amount is calculated at a higher rate than other federal employees.
This act allows a federal first responder to remain in the accelerated retirement system if they are placed in another civil service position outside of that system after returning to work from a work-related injury or illness. Further, if such an employee is separated from service before they are entitled to receive an annuity, they may receive a refund of their accelerated contributions.
[117th Congress Public Law 225]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 2293]]
Public Law 117-225
117th Congress
An Act
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. <<NOTE: Dec. 9, 2022 - [H.R. 521]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: First Responder
Fair Return for Employees on Their Initial Retirement Earned Act. 5 USC
101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responder Fair Return for
Employees on Their Initial Retirement Earned Act'' or the ``First
Responder Fair RETIRE Act''.
SEC. 2. <<NOTE: 5 USC 8336 note.>> 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) Federal agencies should ensure, to the greatest extent
possible, that an individual who can no longer carry out the
duties of a covered position, and is reappointed to a position
in the civil service that is not a covered position, is
reappointed within 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) <<NOTE: Definitions.>> In this paragraph--
``(i) the term `affected individual' means an individual
covered under this subchapter who--
``(I) is performing service in a covered position;
``(II) while on duty, becomes ill or is injured as a
direct result of the performance of such duties 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;
``(III) because of the illness or injury described
in subclause (II), is permanently unable to render
useful and
[[Page 136 STAT. 2294]]
efficient service in the employee's covered position, as
determined by the agency in which the individual was
serving when such individual incurred the illness or
injury; and
``(IV) is appointed to a position in the civil
service that--
``(aa) is not a covered position; and
``(bb) is within an agency that regularly
appoints individuals to supervisory or
administrative positions related to the activities
of the former covered position of the individual;
``(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, or member of the Supreme Court
Police.
``(B) Unless an affected individual files an election described in
subparagraph (E), creditable service by the affected individual in a
position described in subparagraph (A)(i)(IV) shall be treated as
creditable service in a covered position for purposes of this chapter
and determining the amount to be deducted and withheld from the pay of
the affected individual under section 8334.
``(C) <<NOTE: Applicability.>> Subparagraph (B) shall only apply if
the affected employee transitions to a position described in
subparagraph (A)(i)(IV) without a break in service exceeding 3 days.
``(D) The service of an affected individual shall no longer be
eligible for treatment under subparagraph (B) if such service occurs
after the individual--
``(i) is transferred to a supervisory or administrative
position related to the activities of the former covered
position of the individual; or
``(ii) meets the age and service requirements that would
subject the individual to mandatory separation under section
8335 if such individual had remained in the former covered
position.
``(E) In accordance with procedures established by the Director of
the Office of Personnel Management, an affected individual may file an
election to have any creditable service performed by the affected
individual treated in accordance with this chapter without regard to
subparagraph (B).
``(F) Nothing in this paragraph shall be construed to apply to such
affected individual any other pay-related laws or regulations applicable
to a covered position.''.
(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) <<NOTE: Definitions.>> In this paragraph--
``(i) the term `affected individual' means an individual
covered under this chapter who--
``(I) is performing service in a covered position;
``(II) while on duty, becomes ill or is injured as a
direct result of the performance of such duties before
the date on which the individual becomes entitled to an
annuity under paragraph (1) of this subsection or
subsection (e), as applicable;
[[Page 136 STAT. 2295]]
``(III) because of the illness or injury described
in subclause (II), is permanently unable to render
useful and efficient service in the employee's covered
position, as determined by the agency in which the
individual was serving when such individual incurred the
illness or injury; and
``(IV) is appointed to a position in the civil
service that--
``(aa) is not a covered position; and
``(bb) is within an agency that regularly
appoints individuals to supervisory or
administrative positions related to the activities
of the former covered position of the individual;
``(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, or member of the Supreme Court
Police.
``(B) Unless an affected individual files an election described in
subparagraph (E), creditable service by the affected individual in a
position described in subparagraph (A)(i)(IV) shall be treated as
creditable service in a covered position for purposes of this chapter
and determining the amount to be deducted and withheld from the pay of
the affected individual under section 8422.
``(C) <<NOTE: Applicability.>> Subparagraph (B) shall only apply if
the affected employee transitions to a position described in
subparagraph (A)(i)(IV) without a break in service exceeding 3 days.
``(D) The service of an affected individual shall no longer be
eligible for treatment under subparagraph (B) if such service occurs
after the individual--
``(i) is transferred to a supervisory or administrative
position related to the activities of the former covered
position of the individual; or
``(ii) meets the age and service requirements that would
subject the individual to mandatory separation under section
8425 if such individual had remained in the former covered
position.
``(E) In accordance with procedures established by the Director of
the Office of Personnel Management, an affected individual may file an
election to have any creditable service performed by the affected
individual treated in accordance with this chapter without regard to
subparagraph (B).
``(F) Nothing in this paragraph shall be construed to apply to such
affected individual any other pay-related laws or regulations applicable
to a covered position.''.
(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)'';
[[Page 136 STAT. 2296]]
(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 `affected 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) while on duty in the position
designated under subsection (a), becomes ill or is
injured as a direct result of the performance of
such duties 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;
``(iii) because of the illness or injury
described in clause (ii), is permanently unable to
render useful and efficient service in the
employee's covered position, as determined by the
Director; and
``(iv) is appointed to a position in the civil
service that is not a covered position but is
within the Agency; 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) an affected 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 an
affected employee files an election described in paragraph (3),
creditable service by the affected employee in a position
described in paragraph (1)(A)(iv) shall be treated as creditable
service in a covered position for purposes of this Act and
chapter
[[Page 136 STAT. 2297]]
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 affected employee under section
8422 of title 5, United States Code.
``(3) <<NOTE: Applicability.>> Break in service.--Paragraph
(2) shall only apply if the affected employee transitions to a
position described in paragraph (1)(A)(iv) without a break in
service exceeding 3 days.
``(4) Limitation on treatment of service.--The service of an
affected employee shall no longer be eligible for treatment
under paragraph (2) if such service occurs after the employee is
transferred to a supervisory or administrative position related
to the activities of the former covered position of the
employee.
``(5) Opt out.--An affected employee may file an election to
have any creditable service performed by the affected employee
treated in accordance with chapter 84 of title 5, United States
Code, without regard to paragraph (2).''.
(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) <<NOTE: Definitions.>> In this subparagraph--
``(I) the term `affected special agent' means an individual
covered under this subchapter who--
``(aa) is performing service as a special agent;
``(bb) while on duty as a special agent, becomes ill
or is injured as a direct result of the performance of
such duties before the date on which the individual
becomes entitled to an annuity under section 811;
``(cc) because of the illness or injury described in
item (bb), is permanently unable to render useful and
efficient service in the employee's covered position, as
determined by the Secretary; and
``(dd) 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 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 an affected special agent files an election described
in clause (iv), creditable service by the affected special agent in a
position described in clause (i)(I)(dd) shall be treated as creditable
service as a special agent for purposes of this subchapter, including
[[Page 136 STAT. 2298]]
determining the amount to be deducted and withheld from the pay of the
individual under section 805.
``(iii) Clause (ii) shall only apply if the special agent
transitions to a position described in clause (i)(I)(dd) without a break
in service exceeding 3 days.
``(iv) The service of an affected employee shall no longer be
eligible for treatment under clause (ii) if such service occurs after
the employee is transferred to a supervisory or administrative position
related to the activities of the former covered position of the
employee.
``(v) In accordance with procedures established by the Secretary, an
affected special agent may file an election to have any creditable
service performed by the affected special agent treated in accordance
with this subchapter, without regard to clause (ii).''.
(e) <<NOTE: Regulations. 5 USC 8336 note. Deadline.>>
Implementation.--
(1) Office of personnel management.--Not later than 1 year
after the date of enactment of this Act, the Director of the
Office of Personnel Management shall promulgate regulations to
carry out the amendments made by subsections (a) and (b).
(2) CIA employees.--The Director of the Central Intelligence
Agency shall promulgate regulations to carry out the amendment
made by subsection (c).
(3) Foreign service retirement and disability system.--The
Secretary of State shall promulgate regulations to carry out the
amendment made by subsection (d).
(4) <<NOTE: Requirement.>> Agency certification.--The
regulations promulgated to carry out the amendments made by this
Act shall include a requirement that the head of the agency at
which an affected employee or special agent (as the case may be)
incurred the applicable illness or injury certifies that such
illness or injury--
(A) was incurred in the course of the employee's or
special agent's duties; and
(B) permanently precludes the employee or special
agent from rendering useful and efficient service in the
covered position but would not preclude the employee or
special agent from continuing to serve in the Federal
service.
(5) Agency reappointment.--The regulations promulgated to
carry out the amendments made by this Act shall ensure that, to
the greatest extent possible, the head of each agency appoints
affected employees or special agents to supervisory or
administrative positions related to the activities of the former
covered position of the employee or special agent.
(6) Treatment of service.--The regulations promulgated to
carry out the amendments made by this Act shall ensure that the
creditable service of an affected employee or special agent (as
the case may be) that is not in a covered position pursuant to
an election made under such amendments shall be treated as the
same type of service as the covered position in which the
employee or agent suffered the qualifying illness or injury.
(f) <<NOTE: 5 USC 8336 note.>> Effective Date; Applicability.--The
amendments made by this Act--
(1) shall take effect on the date of enactment of this Act;
and
[[Page 136 STAT. 2299]]
(2) shall apply to an individual who suffers an illness or
injury described in section 8336(c)(3)(A)(i)(II) or section
8412(d)(2)(A)(i)(II) of title 5, United States Code, as amended
by this section, section 302(d)(1)(A)(ii) of the Central
Intelligence Agency Retirement Act, as amended by this section,
or section 806(a)(6)(D)(i)(I)(bb) 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.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Approved December 9, 2022.
LEGISLATIVE HISTORY--H.R. 521:
---------------------------------------------------------------------------
SENATE REPORTS: No. 117-173 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
July 12, considered and passed House.
Nov. 17, considered and passed Senate.
<all>
DEBATE - The House proceeded with forty minutes of debate on H.R. 521.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5968-5969)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 0 (Roll no. 301).
Roll Call #301 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 0 (Roll no. 301). (text: CR H5955-5957)
Roll Call #301 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters without amendment. With written report No. 117-173.
Enacted as Public Law 117-225
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Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters without amendment. With written report No. 117-173.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 515.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
Passed Senate without amendment by Unanimous Consent. (consideration: CR S6802; text: CR S6802)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 117-225.
Became Public Law No: 117-225.