```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10158 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10158

     To extend the break-in-service consideration for firefighter 
                    retirements, and other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2024

    Mr. Harder of California (for himself and Mr. Scott Franklin of 
   Florida) introduced the following bill; which was referred to the 
               Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL

 
     To extend the break-in-service consideration for firefighter 
                    retirements, and other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONTINUING ACCRUAL OF SERVICE FOR FIREFIGHTERS.

    (a) Federal Employees' Retirement System.--Section 8401(14) of 
title 5, United States Code, is amended to read as follows:
            ``(14) the term `firefighter' means--
                    ``(A) an employee, the duties of whose position--
                            ``(i) are primarily to perform work 
                        directly connected with the control and 
                        extinguishment of nonwildland fires; and
                            ``(ii) 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;
                    ``(B) an employee, the duties of whose position--
                            ``(i) are primarily to perform work 
                        directly connected with the control and 
                        extinguishment of wildland fires; and
                            ``(ii) 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;
                    ``(C) an employee who--
                            ``(i) is transferred directly to a 
                        supervisory or administrative position after 
                        performing duties described in subparagraph (A) 
                        for at least 3 years; and
                            ``(ii) while serving in such supervisory or 
                        administrative position, has no break in 
                        service; or
                    ``(D) an employee who--
                            ``(i) occupies a supervisory or 
                        administrative position after performing duties 
                        described in subparagraph (B) for not less than 
                        3 years; and
                            ``(ii) has not more than 24 months in total 
                        time of breaks in service;''.
    (b) Service Before Date of Enactment.--
            (1) In general.--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--
                    (A) 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;
                    (B) at the time of performing such service--
                            (i) 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
                            (ii) 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
                    (C) appropriate deductions and withholdings under 
                sections 8422 and 8423 of title 5, United States Code, 
                were made during such service.
            (2) Credit for service.--To receive credit for eligible 
        service under paragraph (1), the applicable individual shall--
                    (A) 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;
                    (B) 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
                    (C) 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.
            (3) Government contributions.--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.
            (4) Notification and assistance requirements.--The Director 
        of the Office of Personnel Management shall--
                    (A) 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
                    (B) 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.
            (5) Rule of construction.--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.
                                 <all>
```