HR 4672
To extend the break-in-service consideration for firefighter retirements, and other purposes.
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House
- Passed Senate
- To President
- Became Law
Bill overview
This bill extends the ‘break-in-service consideration’ for firefighters, allowing certain prior service to be treated as firefighter service for retirement purposes. Specifically, it retroactively applies to service performed between October 1, 2003, and the date of the bill’s enactment, provided certain conditions are met, including that the individual didn’t previously qualify as a firefighter due to a break in service and would have qualified under the updated rules. Individuals must submit a written election to their employing agency and pay additional contributions to receive this credit.
Key provisions
- Expands the definition of ‘firefighter’ to include employees in supervisory or administrative roles with limited breaks in service.
- Retroactively treats service between October 1, 2003, and the bill’s enactment as firefighter service for retirement purposes under specific conditions.
- Requires firefighters to submit a written election to their agency to receive the extended service credit.
- Mandates the payment of additional contributions to cover potential missed deductions and interest.
- Establishes a process for the Office of Personnel Management to notify eligible individuals about the credit and assist with verification.
- Specifies that contributions to the Thrift Savings Fund will not be increased by this legislation.
- Requires agencies to remit additional federal contributions to the Civil Service Retirement and Disability Fund.
Who is affected
- Federal firefighters
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yoursRead the latest version inline or switch to a previous version.
119th CONGRESS — 1st Session
H. R. 4672
IN THE HOUSE OF REPRESENTATIVES
A BILL
To extend the break-in-service consideration for firefighter retirements, and other purposes.
Section 8401(14) of title 5, United States Code, is amended to read as follows:
the term firefighter means—
an employee, the duties of whose position—
are primarily to perform work directly connected with the control and extinguishment of nonwildland fires; and
are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
an employee, the duties of whose position—
are primarily to perform work directly connected with the control and extinguishment of wildland fires; and
are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
an employee who—
is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years; and
while serving in such supervisory or administrative position, has no break in service; or
an employee who—
occupies a supervisory or administrative position after performing duties described in subparagraph (B) for not less than 3 years; and
has not more than 24 months in total time of breaks in service;
Subject to the requirements under paragraph (2), service performed before the date of enactment of this Act by an individual who, on the date of enactment of this Act, is an employee (as defined in section 8401(11) of title 5, United States Code) shall, for the purposes of chapter 84 of title 5, United States Code, be treated as service performed by a firefighter if—
such service was performed during the period beginning on October 1, 2003, and ending on the day before the date of enactment of this Act;
at the time of performing such service—
the individual did not meet the requirements to be a firefighter under section 8401(14) of title 5, United States Code, because of a break in service; and
would have met the requirements to be a firefighter under section 8401(14)(D) of title 5, United States Code, as amended by this Act; and
appropriate deductions and withholdings under sections 8422 and 8423 of title 5, United States Code, were made during such service.
To receive credit for eligible service under paragraph (1), the applicable individual shall—
before the date on which the individual separates from service in the agency in which the individual holds a position on the date of enactment of this Act, submit a written election to the agency employing the individual;
if the individual is not employed by the agency that employed the individual when the service described in paragraph (1) was performed, submit a written election to such agency; and
remit to the agency that employed the individual when such service was performed the additional amount that would have been deducted during the period of prior service under section 8422 of title 5, United States Code, from the pay of the individual if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed under section 8334(e) of title 5, United States Code.
If an individual remits payment under paragraph (2)(C) with respect to service described in paragraph (1), the agency that employed the individual when such service was performed shall remit to the Office of Personnel Management (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total additional amount of Federal contributions that would have been paid under section 8423 of title 5, United States Code, if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed in accordance with section 8334(e) of title 5, United States Code.
The Director of the Office of Personnel Management shall—
take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this subsection, or to have any annuity computed under this subsection, of the entitlement to the credit or computation; and
upon request, assist any individual described in subparagraph (A) in obtaining such information in the possession of the Secretary of Agriculture or the Secretary of the Interior, as applicable, as may be necessary to verify the entitlement of the individual to have any service credited, or to have any annuity computed, pursuant to this subsection.
Nothing in this section shall be construed to permit or require the making of any contribution to the Thrift Savings Fund that would not otherwise have been permitted or required but for the enactment of this section.