HR 3226
Law Enforcement Officers Equity Act
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Bill overview
The Law Enforcement Officers Equity Act amends U.S. law to include certain federal positions, such as those within the Internal Revenue Service, U.S. Postal Inspection Service, and U.S. Customs and Border Protection, within the definition of ‘law enforcement officer’ for retirement purposes. It provides a mechanism for existing law enforcement officers to retroactively claim service as law enforcement officers if they elect to do so, with potential financial adjustments to their retirement benefits. The Act also establishes rules for calculating contributions and benefits for these officers.
Key provisions
- Expands the definition of ‘law enforcement officer’ to include employees of the IRS, Postal Inspection Service, Veterans Affairs, and Customs and Border Protection.
- Allows existing law enforcement officers to elect to have their prior service credited as law enforcement service.
- Establishes a process for incumbents to make a deposit into the Civil Service Retirement and Disability Fund to cover the difference between expected and actual retirement deductions.
- Requires agencies to contribute to the Fund on behalf of electing incumbents, with contributions made ratably over a 10-year period.
- Provides a 3-year exemption from mandatory separation for newly designated law enforcement officers.
- Addresses survivor annuities for deceased law enforcement officers who made an election.
- Specifies that the Director of OPM will issue regulations to implement the Act.
Who is affected
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119th CONGRESS — 1st Session
H. R. 3226
IN THE HOUSE OF REPRESENTATIVES
A BILL
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.
This Act may be cited as the Law Enforcement Officers Equity Act
.
Section 8401(17) of title 5, United States Code, is amended—
in subparagraph (C)—
by striking subparagraph (A) and (B)
and inserting subparagraphs (A), (B), (E), (F), (G), (H), and (I)
; and
by striking and
at the end; and
by adding at the end the following:
an employee not otherwise covered by this paragraph—
the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and
who is authorized to carry a firearm;
an employee of the Internal Revenue Service, the duties of whose position are primarily the—
collection of delinquent taxes; and
securing of delinquent returns;
an employee of the United States Postal Inspection Service;
an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38; and
an employee of U.S. Customs and Border Protection—
who is a seized property specialist in the GS–1801 job series; and
the duties of whose position include activities relating to the efficient and effective custody, management, and disposition of seized and forfeited property;
Section 8331(20) of title 5, United States Code, is amended, in the matter preceding subparagraph (A)—
by inserting and an individual described in any of subparagraphs (E) through (I) of section 8401(17)
after United States
; and
by striking this activity
and inserting such activity or described in any such subparagraph
.
individual who is appointed as a law enforcement officer—
as defined in section 8331(20) or 8401(17) of title 5, United States Code (as amended by this section); and
on or after the date of enactment of this Act; and
incumbent (as defined in section 3(a)(3)), consistent with the requirements of section 3.
the term Director means the Director of the Office of Personnel Management;
the term incumbent means an individual who—
was appointed as a law enforcement officer before the date of enactment of this Act; and
is serving as a law enforcement officer on the date of enactment of this Act;
the term law enforcement officer means an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code, by virtue of the amendments made by section 2;
the term service means service performed by an individual as a law enforcement officer.
Service performed by an incumbent on or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer.
the difference between—
If an incumbent does not pay the full amount of the deposit described in paragraph (1), all prior service of the incumbent—
shall remain fully creditable as a law enforcement officer; and
the resulting annuity shall be reduced—
in a manner similar to that described in section 8334(d)(2) of title 5, United States Code; and
to the extent necessary to make up the amount unpaid.
If an incumbent makes an election under subsection (b)(2), an agency that employed the incumbent during any prior service of the incumbent shall remit to the Director, for deposit in the Fund, an amount equal to the sum of—
the difference between—
the total amount of Government contributions that would have been paid under section 8334 or 8423 of title 5, United States Code, if the amendments made by section 2 had been in effect during the prior service; and
the total amount of Government contributions paid under section 8334 or 8423 of title 5, United States Code; and
Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (not less frequently than annually) over the 10-year period beginning on the date described in subsection (a)(5).
Notwithstanding section 8335(b) or 8425(b) of title 5, United States Code, a law enforcement officer shall not be subject to mandatory separation during the 3-year period beginning on the date of enactment of this Act.
The Director shall prescribe regulations to carry out this Act, including regulations for the application of this section in the case of any individual entitled to a survivor annuity (based on the service of an incumbent who dies before making an election under subsection (b)(2)), to the extent of any rights that would have been available to the decedent if still living.
Nothing in this section shall be considered to apply in the case of a reemployed annuitant.