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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3054 Referred in Senate (RFS)]

  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Military 
Retirement Equity Act of 2003''.

SEC. 2. PERMITTING INCLUSION OF PREVIOUS MILITARY SERVICE AS CREDITABLE 
              SERVICE FOR CERTAIN DISTRICT OF COLUMBIA RETIREES.

    Subsection (c)(8) of the Policemen and Firemen's Retirement and 
Disability Act (sec. 5-704(h), D.C. Official Code) is amended--
            (1) by striking ``(8) Notwithstanding'' and inserting 
        ``(8)(A) Except as provided in subparagraph (B), 
        notwithstanding''; and
            (2) by adding at the end the following new subparagraph:
    ``(B)(i)(I) Except as provided in subclause (II), and subject to 
clause (iv), each member or former member who has performed military 
service before the date of the separation on which the entitlement to 
any annuity under this Act is based may elect to retain credit for the 
service by paying (in accordance with such regulations as the Mayor 
shall issue) to the office by which the member is employed

(or, in the case of a former member, to the appropriate benefits 
administrator) an amount equal to 7 percent of the amount of the basic 
pay paid under section 204 of title 37, United States Code, to the 
member for each period of military service after December 1956. The 
amount of such payments shall be based on such evidence of basic pay 
for military service as the member may provide, or, if the Mayor 
determines sufficient evidence has not been so provided to adequately 
determine basic pay for military service, such payment shall be based 
upon estimates of such basic pay provided to the Mayor under clause 
(iii). Payment of such amount by an active member must be completed 
prior to the member's date of retirement or October 1, 2006, whichever 
is later, for the member to retain credit for the service.
    ``(II) In any case where military service interrupts creditable 
service under this subsection and reemployment pursuant to chapter 43 
of title 38, United States Code, occurs on or after August 1, 1990, the 
deposit payable under this clause may not exceed the amount that would 
have been deducted and withheld under this Act from basic pay during 
the period of creditable service if the member had not performed the 
period of military service.
    ``(ii) Any deposit made under clause (i) more than 2 years after 
the later of--
            ``(I) October 1, 2004; or
            ``(II) the date on which the member making the deposit 
        first becomes a member following the period of military service 
        for which such deposit is due,
shall include interest on such amount computed and compounded annually 
beginning on the date of the expiration of the 2-year period. The 
interest rate that is applicable in computing interest in any year 
under this paragraph shall be equal to the interest rate that is 
applicable for such year under paragraph (5)(B).
    ``(iii) The Secretary of Defense, the Secretary of Transportation, 
the Secretary of Commerce, or the Secretary of Health and Human 
Services, as appropriate, shall furnish such information to the Mayor 
as the Mayor may determine to be necessary for the administration of 
this subsection.
    ``(iv) Effective with respect to any period of military service 
after November 10, 1996, the percentage of basic pay under section 204 
of title 37, United States Code, payable under clause (i) shall be 
equal to the same percentage as would be applicable under subsection 
(d) of this section for that same period for service as a member 
subject to clause (i)(II).''.

SEC. 3. ADJUSTMENT IN FEDERAL BENEFIT PAYMENTS TO CERTAIN POLICE AND 
              FIRE RETIREES TO TAKE MILITARY SERVICE ADJUSTMENT INTO 
              ACCOUNT.

    (a) In General.--Section 11012 of the National Capital 
Revitalization and Self-Government Improvement Act of 1997 (sec. 1-
803.02, D.C. Official Code) is amended by adding at the end the 
following new subsection:
    ``(f) Treatment of Military Service Credit Purchased by Certain 
Police and Fire Retirees.--For purposes of subsection (a), in 
determining the amount of a Federal benefit payment made to an officer 
or member, the benefit payment to which the officer or member is 
entitled under the District Retirement Program shall include any 
amounts which would have been included in the benefit payment under 
such Program if the amendments made by the District of Columbia 
Military Retirement Equity Act of 2003 had taken effect prior to the 
freeze date.''.
    (b) Conforming Amendment.--Section 11003(5) of such Act (sec. 1-
801.02(5), D.C. Official Code) is amended by inserting ``and (f)'' 
after ``section 11012(e)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to Federal benefit payments made after the date of 
the enactment of this Act.

            Passed the House of Representatives October 8, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
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