I 

108TH CONGRESS 

1ST SESSION H. R. 3267

To eliminate certain inequities in the Civil Service Retirement System and 

the Federal Employees’ Retirement System with respect to the computation of benefits for law enforcement officers, firefighters, air traffic 

controllers, nuclear materials couriers, members of the Supreme Court 

and Capitol police, and their survivors, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2003

Mr. CUMMINGS introduced the following bill; which was referred to the 

Committee on Government Reform 

A BILL

To eliminate certain inequities in the Civil Service Retirement System and the Federal Employees’ Retirement 

System with respect to the computation of benefits for 

law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Supreme 

Court and Capitol police, and their survivors, and for 

other purposes.

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

3 That this Act may be cited as the ‘‘Federal Employees’ 

4 Benefits Equity Act of 2001’’. 
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1 CIVIL SERVICE RETIREMENT SYSTEM

2 SEC. 2. (a) Section 8339 of title 5, United States 

3 Code, is amended—

4 (1) in subsection (d)(1)—

5 (A) by striking ‘‘(d)(1)’’ and inserting 

6 ‘‘(d)(1)(A)’’; 

7 (B) by redesignating subparagraphs (A) 

8 and (B) as clauses (i) and (ii), respectively; and 

9 (C) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(B) If, at any age and after completing 

12 20 years of service as a law enforcement officer, 

13 firefighter, nuclear materials courier, or mem14 ber of the Supreme Court Police, or any com15 bination of such service totaling at least 20 

16 years, an employee retires under section 

17 8336(d)(1), or 8337, the annuity of such em18 ployee shall be computed under subparagraph 

19 (A).’’; 

20 (2) in subsection (e)—

21 (A) by striking ‘‘(e)’’ and inserting 

22 ‘‘(e)(1)’’; and 

23 (B) by adding at the end the following new 

24 paragraph: 
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1 ‘‘(2) If, at any age and after completing 20 

2 years of service as an air traffic controller, an em3 ployee retires under section 8336(d)(1) or 8337, 

4 paragraph (1) shall be applied in computing the an5 nuity of such employee.’’; and 

6 (3) in subsection (q)—

7 (A) by striking ‘‘(q)’’ and inserting 

8 ‘‘(q)(1)’’; 

9 (B) by redesignating paragraphs (1) and 

10 (2) as subparagraphs (A) and (B), respectively; 

11 and 

12 (C) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) If, at any age and after completing 20 

15 years of service as a member of the Capitol Police 

16 or as a law enforcement officer (or any combination 

17 of such service totaling at least 20 years), a member 

18 or former member of the Capitol Police retires under 

19 section 8336(d)(1) or 8337, the annuity of such 

20 member or former member shall be computed under 

21 paragraph (1).’’. 

22 (b) Section 8341(d) of title 5, United States Code, 

23 is amended—

24 (1) by inserting the following immediately after 

25 the first sentence: ‘‘For purposes of the preceding 
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1 sentence, subsections (b)–(e), (q), and (r) of section 

2 8339 shall be considered as applying with respect to 

3 the employee or Member only if the employee or 

4 Member satisfied the age and service requirements 

5 for application of such subsections to the employee 

6 or Member at the date of death. For this purpose, 

7 the decedent shall be deemed to have been disabled 

8 for purposes of retirement under section 8337 at the 

9 time of death.’’; and 

10 (2) by striking ‘‘Notwithstanding the preceding 

11 sentence’’ and inserting ‘‘Notwithstanding the first 

12 sentence of this subsection’’. 

13 (c) Section 8342 of title 5, United States Code, is 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(k) When an employee—

17 ‘‘(1) has service as a law enforcement officer, 

18 firefighter, nuclear materials courier, or member of 

19 the Capitol Police or Supreme Court Police for 

20 which retirement deductions were withheld under 

21 section 8334(a) or deposited under section 8334(c) 

22 at a higher percentage rate than that applicable to 

23 employees generally; and 

24 ‘‘(2)(A) begins to receive an annuity which is 

25 not computed under section 8339 (d) or (q) and, in 
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1 the case of a member or former member of the Cap2 itol Police, also does not have his or her service as 

3 a member of the Capitol Police credited in the com4 putation of an annuity under section 8339 (b) or 

5 (c); or 

6 ‘‘(B) dies before retiring under this subchapter 

7 but leaves a survivor entitled to an annuity under 

8 section 8341 based on the deceased employee’s serv9 ice, provided that—

10 ‘‘(i) such survivor annuity is not based on 

11 an employee annuity computed under section 

12 8339 (d) or (q); and 

13 ‘‘(ii) where the decedent was a member or 

14 former member of the Capitol Police, such sur15 vivor annuity is not based on an annuity com16 puted under section 8339 (b) or (c) which in17 cludes credit for service as a member of the 

18 Capitol Police—

19 the difference between the employee deductions for 

20 such service at the higher percentage rate and the 

21 employee deductions that would have been withheld 

22 at the rate applicable to employees generally under 

23 section 8334(a)(1), together with interest computed 

24 in accordance with paragraphs (2) and (3) of section 

25 8334(e) and applicable regulations prescribed by the 
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1 Office, shall be paid to the annuitant or, in the case 

2 of a deceased employee, to the individual entitled to 

3 a lump-sum benefit under subsection (c).’’. 

4 FEDERAL EMPLOYEES’ RETIREMENT SYSTEM

5 SEC. 3. (a) Section 8415(d) of title 5, United States 

6 Code, is amended to read as follows: 

7 ‘‘(d)(1) The annuity of an employee retiring under 

8 subsection (d) or (e) of section 8412 or under subsection 

9 (a), (b), (c), or (d) of section 8425 is—

‘‘(A) 17 10 ⁄10 percent of that individual’s average 

11 pay multiplied by so much of such individual’s total 

12 service as a law enforcement officer, firefighter, 

13 member of the Capitol Police or Supreme Court Po14 lice, nuclear materials courier, or air traffic con15 troller as does not exceed 20 years; plus 

16 ‘‘(B) 1 percent of that individual’s average pay 

17 multiplied by the remainder of such individual’s total 

18 service. 

19 ‘‘(2) If, at any age and after completing 20 years of 

20 service as a law enforcement officer, firefighter, member 

21 of the Capitol Police or Supreme Court Police, or nuclear 

22 materials courier, or any combination of such service total23 ing at least 20 years, an employee retires under section 

24 8414(b)(1)(A) or 8451, the annuity of such employee shall 

25 be computed under paragraph (1). 
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1 ‘‘(3) If, at any age and after completing 20 years of 

2 service as an air traffic controller, an employee retires 

3 under section 8414(b)(1)(A) or 8451, the annuity of such 

4 employee shall be computed under paragraph (1).’’. 

5 (b) Section 8424 of title 5, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(i) When an employee—

9 ‘‘(1) has service as a law enforcement officer, 

10 firefighter, member of the Capitol Police or Supreme 

11 Court Police, air traffic controller, or nuclear mate12 rials courier for which retirement deductions were 

13 withheld under section 8422(a) at a higher percent14 age rate than that applicable to employees generally; 

15 and 

16 ‘‘(2)(A) begins to receive an annuity which is 

17 not computed under section 8415(d) and, in the case 

18 of a member or former member of the Capitol Po19 lice, also does not have his or her service as a mem20 ber of the Capitol Police credited in the computation 

21 of an annuity under section 8415 (b) or (c); or 

22 ‘‘(B) dies before having retired under this chap23 ter but leaves a survivor entitled to an annuity 

24 under subchapter IV based on the deceased employ25 ee’s service, provided that—
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1 ‘‘(i) such survivor annuity is not based on 

2 an employee annuity computed under section 

3 8415(d); and 

4 ‘‘(ii) where the decedent was a member or 

5 former member of the Capitol Police, such sur6 vivor annuity is not based on an annuity com7 puted under section 8415 (b) or (c) which in8 cludes service as a member of the Capitol Po9 lice—

10 the difference between the employee deductions for 

11 such service at the higher percentage rate and the 

12 employee deductions that would have been withheld 

13 at the rate applicable to employees generally under 

14 section 8422(a)(2), together with interest computed 

15 in accordance with paragraphs (2) and (3) of section 

16 8334(e) and applicable regulations prescribed by the 

17 Office, shall be paid to the annuitant or, in the case 

18 of a deceased employee, to the individual entitled to 

19 a lump-sum benefit under subsection (d).’’. 

20 (c) Section 8442 of title 5, United States Code, is 

21 amended—

22 (1) in subsection (b)(1) by adding at the end 

23 the following: 

24 ‘‘For purposes of the preceding sentence, section 8415 

25 (b)–(d) and (g) shall be considered as applying with re-
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1 spect to the employee or Member only if the employee or 

2 Member satisfied the age and service requirements for ap3 plication of such subsections to the employee or Member 

4 at the date of death. For this purpose, the decedent shall 

5 be deemed to have been disabled for purposes of retire6 ment under section 8451 at the time of death.’’; and 

7 (2) in subsection (c)(2)(A)(i) by striking ‘‘sec8 tion 8415’’ and inserting ‘‘section 8415, but without 

9 regard to subsection (d) of such section,’’. 

10 EFFECTIVE DATE

11 SEC. 4. The amendments made by this Act shall take 

12 effect on the date of enactment of this Act and shall apply 

13 only with respect to individuals who, on or after such date 

14 of enactment, separate from employment subject to sub15 chapter III of chapter 83, or chapter 84, of title 5, United 

16 States Code.

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