I 

108TH CONGRESS 

1ST SESSION H. R. 3054

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 Uniformed Division 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2003

Mr. TOM DAVIS of Virginia (for himself, Mr. HOYER, and Mr. WELDON of 

Pennsylvania) introduced the following bill; which was referred to the 

Committee on Government Reform 

A BILL

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 Uniformed Division 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 

24 (or, in the case of a former member, to the appropriate 

25 benefits administrator) an amount equal to 7 percent of 
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1 the amount of the basic pay paid under section 204 of 

2 title 37, United States Code, to the member for each pe3 riod of military service after December 1956. The amount 

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

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

6 if the Mayor determines sufficient evidence has not been 

7 so provided to adequately determine basic pay for military 

8 service, such payment shall be based upon estimates of 

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

10 Payment of such amount by an active member must be 

11 completed prior to the member’s date of retirement or Oc12 tober 1, 2006, whichever is later, for the member to retain 

13 credit for the service. 

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

15 creditable service under this subsection and reemployment 

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

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

18 under this clause may not exceed the amount that would 

19 have been deducted and withheld under this Act from 

20 basic pay during the period of creditable service if the 

21 member had not performed the period of military service. 

22 ‘‘(ii) Any deposit made under clause (i) more than 

23 2 years after the later of—

24 ‘‘(I) October 1, 2004; or 
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1 ‘‘(II) the date on which the member making the 

2 deposit first becomes a member following the period 

3 of military service for which such deposit is due, 

4 shall include interest on such amount computed and com5 pounded annually beginning on the date of the expiration 

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

7 in computing interest in any year under this paragraph 

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

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

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

11 Transportation, the Secretary of Commerce, or the Sec12 retary of Health and Human Services, as appropriate, 

13 shall furnish such information to the Mayor as the Mayor 

14 may determine to be necessary for the administration of 

15 this subsection. 

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

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

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

19 payable under clause (i) shall be equal to the same per20 centage as would be applicable under subsection (d) of this 

21 section for that same period for service as a member sub22 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.

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