IIB 

108TH CONGRESS 

1ST SESSION H. R. 3054

IN THE SENATE OF THE UNITED STATES 

OCTOBER 14, 2003

Received; read twice and referred to the Committee on Governmental Affairs 

AN ACT

To amend the Policemen and Firemen’s Retirement and Disability Act to permit military service previously performed by members and former members of the Metropolitan Police Department of the District of Columbia, 

the Fire Department of the District of Columbia, the 

United States Park Police, and the United States Secret 

Service to count as creditable service for purposes of 

calculating retirement annuities payable to such members 

upon payment of a contribution by such members, and 

for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘District of Columbia 

5 Military Retirement Equity Act of 2003’’. 

6 SEC. 2. PERMITTING INCLUSION OF PREVIOUS MILITARY 

7 SERVICE AS CREDITABLE SERVICE FOR CER8 TAIN DISTRICT OF COLUMBIA RETIREES. 

9 Subsection (c)(8) of the Policemen and Firemen’s Re10 tirement and Disability Act (sec. 5–704(h), D.C. Official 

11 Code) is amended—

12 (1) by striking ‘‘(8) Notwithstanding’’ and in13 serting ‘‘(8)(A) Except as provided in subparagraph 

14 (B), notwithstanding’’; and 

15 (2) by adding at the end the following new sub16 paragraph: 

17 ‘‘(B)(i)(I) Except as provided in subclause (II), and 

18 subject to clause (iv), each member or former member who 

19 has performed military service before the date of the sepa20 ration on which the entitlement to any annuity under this 

21 Act is based may elect to retain credit for the service by 

22 paying (in accordance with such regulations as the Mayor 

23 shall issue) to the office by which the member is employed
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1 (or, in the case of a former member, to the appropriate 

2 benefits administrator) an amount equal to 7 percent of 

3 the amount of the basic pay paid under section 204 of 

4 title 37, United States Code, to the member for each pe5 riod of military service after December 1956. The amount 

6 of such payments shall be based on such evidence of basic 

7 pay for military service as the member may provide, or, 

8 if the Mayor determines sufficient evidence has not been 

9 so provided to adequately determine basic pay for military 

10 service, such payment shall be based upon estimates of 

11 such basic pay provided to the Mayor under clause (iii). 

12 Payment of such amount by an active member must be 

13 completed prior to the member’s date of retirement or Oc14 tober 1, 2006, whichever is later, for the member to retain 

15 credit for the service. 

16 ‘‘(II) In any case where military service interrupts 

17 creditable service under this subsection and reemployment 

18 pursuant to chapter 43 of title 38, United States Code, 

19 occurs on or after August 1, 1990, the deposit payable 

20 under this clause may not exceed the amount that would 

21 have been deducted and withheld under this Act from 

22 basic pay during the period of creditable service if the 

23 member had not performed the period of military service. 
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1 ‘‘(ii) Any deposit made under clause (i) more than 

2 2 years after the later of—

3 ‘‘(I) October 1, 2004; or 

4 ‘‘(II) the date on which the member making the 

5 deposit first becomes a member following the period 

6 of military service for which such deposit is due, 

7 shall include interest on such amount computed and com8 pounded annually beginning on the date of the expiration 

9 of the 2-year period. The interest rate that is applicable 

10 in computing interest in any year under this paragraph 

11 shall be equal to the interest rate that is applicable for 

12 such year under paragraph (5)(B). 

13 ‘‘(iii) The Secretary of Defense, the Secretary of 

14 Transportation, the Secretary of Commerce, or the Sec15 retary of Health and Human Services, as appropriate, 

16 shall furnish such information to the Mayor as the Mayor 

17 may determine to be necessary for the administration of 

18 this subsection. 

19 ‘‘(iv) Effective with respect to any period of military 

20 service after November 10, 1996, the percentage of basic 

21 pay under section 204 of title 37, United States Code, 

22 payable under clause (i) shall be equal to the same per23 centage as would be applicable under subsection (d) of this 

24 section for that same period for service as a member sub25 ject to clause (i)(II).’’. 
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1 SEC. 3. ADJUSTMENT IN FEDERAL BENEFIT PAYMENTS TO 

2 CERTAIN POLICE AND FIRE RETIREES TO 

3 TAKE MILITARY SERVICE ADJUSTMENT INTO 

4 ACCOUNT. 

5 (a) IN GENERAL.—Section 11012 of the National 

6 Capital Revitalization and Self-Government Improvement 

7 Act of 1997 (sec. 1–803.02, D.C. Official Code) is amend8 ed by adding at the end the following new subsection: 

9 ‘‘(f) TREATMENT OF MILITARY SERVICE CREDIT

10 PURCHASED BY CERTAIN POLICE AND FIRE RETIREES.—

11 For purposes of subsection (a), in determining the amount 

12 of a Federal benefit payment made to an officer or mem13 ber, the benefit payment to which the officer or member 

14 is entitled under the District Retirement Program shall 

15 include any amounts which would have been included in 

16 the benefit payment under such Program if the amend17 ments made by the District of Columbia Military Retire18 ment Equity Act of 2003 had taken effect prior to the 

19 freeze date.’’. 

20 (b) CONFORMING AMENDMENT.—Section 11003(5) 

21 of such Act (sec. 1–801.02(5), D.C. Official Code) is 

22 amended by inserting ‘‘and (f)’’ after ‘‘section 11012(e)’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply with respect to Federal benefit 
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1 payments made after the date of the enactment of this 

2 Act.

Passed the House of Representatives October 8, 

2003. 

Attest: JEFF TRANDAHL, 

Clerk.