Assistant United States Attorneys Retirement Benefit Equity Act of 1998

Summary: Assistant United States Attorneys Retirement Benefit Equity Act of 1998 - Makes applicable to Assistant United States Attorneys the provisions of the Civil Service Retirement System and the Federal Employees Retirement System that apply to law enforcement officers. 
Directs the Department of Justice to provide notice to incumbent Assistant U.S. Attorneys of their election rights under this Act and the consequences of making or not making a timely election. Allows such incumbents to elect the option to be treated either:  (1) in accordance with the amendments made by this Act; or (2) in the same way as if this Act had never been enacted.  Treats failure to make a timely election in the same way as an election made under the first option on the last day allowable.  Makes an election ineffective unless it is made before the 90th day after the date on which the notice is provided or the date on which the incumbent separates from service, whichever is earlier.  Applies the amendments made by this Act retroactively in the case of any incumbent who elects the first option and provides for makeup contributions.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assistant United States Attorneys 
Retirement Benefit Equity Act of 1998''.

SEC. 2. TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS.

    (a) Civil Service Retirement System.--
            (1) Inclusion in definition of a law enforcement officer.--
        Paragraph (20) of section 8331 of title 5, United States Code, 
        is amended by adding at the end the following: ``such term 
        includes an Assistant United States Attorney;''.
            (2) Definition of an assistant united states attorney.--
        Section 8331 of title 5, United States Code, is amended by 
        striking ``and'' at the end of paragraph (25), by striking the 
        period at the end of paragraph (26) and inserting ``; and'', 
        and by adding after paragraph (26) the following:
            ``(27) `Assistant United States Attorney' means an 
        assistant United States attorney appointed under section 542 of 
        title 28.''.
    (b) Federal Employees' Retirement System.--
            (1) Inclusion in definition of a law enforcement officer.--
        Paragraph (17) of section 8401 of title 5, United States Code, 
        is amended by striking ``and'' at the end of subparagraph (C), 
        by adding ``and'' after the semicolon at the end of 
        subparagraph (D), and by adding after subparagraph (D) the 
        following:
                    ``(E) an Assistant United States Attorney;''.
            (2) Definition of an assistant united states attorney.--
        Section 8401 of title 5, United States Code, is amended by 
        striking ``and'' at the end of paragraph (31), by striking the 
        period at the end of paragraph (32) and inserting ``; and'', 
        and by adding after paragraph (32) the following:
            ``(33) `Assistant United States Attorney' means an 
        assistant United States attorney appointed under section 542 of 
        title 28.''.
    (c) Effective Date.--Except as otherwise provided in section 3, 
this Act and the amendments made by this Act shall take effect on the 
first day of the first applicable pay period beginning after the 
expiration of the 90-day period beginning on the date of enactment of 
this Act.

SEC. 3. PROVISIONS RELATING TO INCUMBENTS.

    (a) Incumbent Defined.--For purposes of this section, the term 
``incumbent'' means an individual first appointed as an Assistant 
United States Attorney before the effective date of this Act who is 
serving in that capacity on such effective date.
    (b) Notice Requirement.--Not later than 6 months after the 
effective date of this Act, the Department of Justice shall take 
measures reasonably designed to provide notice to incumbents as to 
their election rights under this Act, and the consequences of making or 
not making a timely election.
    (c) Election Available to Incumbents.--
            (1) In general.--An incumbent may elect, for all purposes, 
        either--
                    (A) to be treated in accordance with the amendments 
                made by this Act; or
                    (B) to be treated in the same way as if this Act 
                had never been enacted.
        Failure to make a timely election under this subsection shall 
        be treated in the same way as an election under subparagraph 
        (A) made on the last day allowable under paragraph (2).
            (2) Deadline.--An election under this subsection shall not 
        be effective unless it is made before the 90th day after the 
        date on which the notice under subsection (b) is provided or 
        the date on which the incumbent involved separates from 
        service, whichever is earlier.
            (3) Interim status.--Notwithstanding any other provision of 
        this Act, no change in the retirement coverage of any incumbent 
        shall occur, by reason of the enactment of this Act, before the 
        date on which an election under paragraph (1)(A) is made (or 
        deemed to have been made).
    (d) Retroactive Effect.--In the case of any incumbent who elects 
(or is deemed to have elected) the option under subsection (c)(1)(A), 
all service performed by such individual as an Assistant United States 
Attorney shall--
            (1) to the extent performed on or after the effective date 
        of that election, be treated in accordance with applicable 
        provisions of chapter 83 or 84 of title 5, United States Code, 
        as amended by this Act; and
            (2) to the extent performed before the effective date of 
        that election, be treated in accordance with applicable 
        provisions of chapter 83 or 84 of such title, as if the 
        amendments made by this Act had then been in effect.
    (e) Makeup Contributions.--
            (1) In general.--In addition to any other payment that it 
        is required to make under subchapter III of chapter 83 or 
        chapter 84 of title 5, United States Code--
                    (A) the Department of Justice shall remit to the 
                Office of Personnel Management, in such time, form, and 
                manner as the Office may require, the amount described 
                in paragraph (2); and
                    (B) any amount so remitted shall be deposited in 
                the Treasury of the United States to the credit of the 
                Civil Service Retirement and Disability Fund.
            (2) Amount to be remitted.--The amount described in this 
        paragraph is the total amount of additional individual and 
        Government contributions to the Civil Service Retirement and 
        Disability Fund that would have been required (for all 
        incumbents described in subsection (d), for all service 
        performed by them as an Assistant United States Attorney before 
        the effective date of their election under subsection (c)), if 
        the amendments made by this Act had then been in effect, plus 
        interest.
            (3) No individual liability.--Nothing in this Act or in 
        chapter 83 or 84 of title 5, United States Code (as amended by 
        this Act) shall be considered to create any individual 
        liability for any shortfall in any contributions required to be 
        made up in the manner provided for under this subsection.
    (f) Regulations.--The Office of Personnel Management shall 
prescribe any regulations necessary to carry out this Act, including 
provisions under which any interest due on the amount described in 
subsection (e) shall be determined.
    (g) Definition.--For purposes of this section, the term ``Assistant 
United States Attorney'' means an assistant United States attorney 
appointed under section 542 of title 28, United States Code.