II 

116TH CONGRESS 

1ST SESSION S. 473 

To amend title 5, United States Code, to include certain Federal positions 

within the definition of law enforcement officer for retirement purposes, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2019 

Mr. BOOKER (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend title 5, United States Code, to include certain 

Federal positions within the definition of law enforcement officer for retirement purposes, 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 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Law Enforcement Offi5 cers Equity Act’’. 


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1 SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFI2 NITION OF LAW ENFORCEMENT OFFICER 

3 FOR PURPOSES OF RETIREMENT. 

4 (a) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 

5 Section 8401(17) of title 5, United States Code, is amend6 ed— 

7 (1) in subparagraph (C)— 

8 (A) by striking ‘‘subparagraph (A) and 

9 (B)’’ and inserting ‘‘subparagraphs (A), (B), 

10 (E), (F), (G), (H), and (I)’’; and 

11 (B) by striking ‘‘and’’ at the end; and 

12 (2) by adding at the end the following: 

13 ‘‘(E) an employee not otherwise covered by 

14 this paragraph— 

15 ‘‘(i) the duties of whose position in16 clude the investigation or apprehension of 

17 individuals suspected or convicted of of18 fenses against the criminal laws of the 

19 United States; and 

20 ‘‘(ii) who is authorized to carry a fire21 arm; 

22 ‘‘(F) an employee of the Internal Revenue 

23 Service, the duties of whose position are pri24 marily the— 

25 ‘‘(i) collection of delinquent taxes; and 

26 ‘‘(ii) securing of delinquent returns; 


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1 ‘‘(G) an employee of the United States 

2 Postal Inspection Service; 

3 ‘‘(H) an employee of the Department of 

4 Veterans Affairs who is a Department police of5 ficer under section 902 of title 38; and 

6 ‘‘(I) an employee of U.S. Customs and 

7 Border Protection— 

8 ‘‘(i) who is a seized property specialist 

9 in the GS–1801 job series; and 

10 ‘‘(ii) the duties of whose position in11 clude activities relating to the efficient and 

12 effective custody, management, and dis13 position of seized and forfeited property;’’. 

14 (b) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

15 8331(20) of title 5, United States Code, is amended, in 

16 the matter preceding subparagraph (A)— 

17 (1) by inserting ‘‘and an individual described in 

18 any of subparagraphs (E) through (I) of section 

19 8401(17)’’ after ‘‘United States’’; and 

20 (2) by striking ‘‘this activity’’ and inserting 

21 ‘‘such activity or described in any such subpara22 graph’’. 

23 (c) APPLICATION.—The amendments made by this 

24 section shall apply to any— 


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1 (1) individual who is appointed as a law en2 forcement officer— 

3 (A) as defined in section 8331(20) or 

4 8401(17) of title 5, United States Code (as 

5 amended by this section); and 

6 (B) on or after the date of enactment of 

7 this Act; and 

8 (2) incumbent (as defined in section 3(a)(4)), 

9 consistent with the requirements of section 3. 

10 SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS. 

11 (a) DEFINITIONS.—In this section— 

12 (1) the term ‘‘Director’’ means the Director of 

13 the Office of Personnel Management; 

14 (2) the term ‘‘employee’’ has the meaning given 

15 the term in section 8331(1) or 8401(11) of title 5, 

16 United States Code; 

17 (3) the term ‘‘Fund’’ means the Civil Service 

18 Retirement and Disability Fund; 

19 (4) the term ‘‘incumbent’’ means an individual 

20 who— 

21 (A) before the date of enactment of this 

22 Act, was appointed to a position as an employee 

23 that— 


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1 (i) did not satisfy the requirements of 

2 section 8331(20) or 8401(17) of title 5, 

3 United States Code, as then in effect; and 

4 (ii) would have satisfied the require5 ments described in clause (i) if the amend6 ments made by section 2 had been in ef7 fect; and 

8 (B) on the date of enactment of this Act, 

9 is serving in a position as an employee that sat10 isfies the requirements of section 8331(20) of 

11 title 5, United States Code, by virtue of the 

12 amendments made by section 2; 

13 (5) the term ‘‘law enforcement officer’’ has the 

14 meaning given the term in section 8331(20) or 

15 8401(17) of title 5, United States Code, as amended 

16 by section 2; 

17 (6) the term ‘‘prior service’’ means, with re18 spect to an incumbent who makes an election under 

19 subsection (b)(2), service performed by the incum20 bent before the date on which appropriate retirement 

21 deductions begin to be made under the election; and 

22 (7) the term ‘‘service’’ means service performed 

23 by an individual in a position that— 


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1 (A) satisfies the requirements of section 

2 8331(20) or 8401(17) of title 5, United States 

3 Code, as amended by section 2; or 

4 (B) would have satisfied the requirements 

5 of section 8331(20) or 8401(17) of title 5, 

6 United States Code, as amended by section 2, 

7 if the amendments made by section 2 had then 

8 been in effect. 

9 (b) TREATMENT OF SERVICE PERFORMED BY IN10 CUMBENTS.— 

11 (1) SERVICE ON OR AFTER DATE OF ENACT12 MENT.—Service performed by an incumbent on or 

13 after the date of enactment of this Act shall be 

14 treated as service performed as a law enforcement 

15 officer. 

16 (2) SERVICE BEFORE DATE OF ENACTMENT.— 

17 Service performed by an incumbent before the date 

18 of enactment of this Act shall, for purposes of sub19 chapter III of chapter 83 and chapter 84 of title 5, 

20 United States Code, be treated as service performed 

21 as a law enforcement officer only if the incumbent 

22 submits a written election to the Director by the ear23 lier of— 

24 (A) the date that is 5 years after the date 

25 of enactment of this Act; or 


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1 (B) the day before the date on which the 

2 incumbent separates from the service. 

3 (c) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV4 ICE.— 

5 (1) IN GENERAL.—An incumbent who makes an 

6 election under subsection (b)(2) may, with respect to 

7 prior service performed by the incumbent, pay a de8 posit into the Fund equal to the sum of— 

9 (A) the difference between— 

10 (i) the amount that would have been 

11 deducted during the period of prior service 

12 under section 8334 or 8422 of title 5, 

13 United States Code, from the pay of the 

14 incumbent if the amendments made by sec15 tion 2 had been in effect during the prior 

16 service; and 

17 (ii) the amount that was deducted 

18 during the period of prior service under 

19 section 8334 or 8422 of title 5, United 

20 States Code; and 

21 (B) interest on the amount described in 

22 subparagraph (A)(i), as computed under— 

23 (i) paragraphs (2) and (3) of section 

24 8334(e) of title 5, United States Code; and 


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1 (ii) regulations promulgated by the 

2 Director. 

3 (2) EFFECT OF NOT CONTRIBUTING.—If an in4 cumbent does not pay the full amount of the deposit 

5 described in paragraph (1)— 

6 (A) all prior service of the incumbent shall 

7 remain fully creditable as a law enforcement of8 ficer; and 

9 (B) the resulting annuity shall be re10 duced— 

11 (i) in a manner similar to that de12 scribed in section 8334(d)(2) of title 5, 

13 United States Code; and 

14 (ii) to the extent necessary to make 

15 up the amount unpaid. 

16 (d) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERV17 ICE.— 

18 (1) IN GENERAL.—If an incumbent makes an 

19 election under subsection (b)(2), an agency that em20 ployed the incumbent during any prior service of the 

21 incumbent shall remit to the Director, for deposit in 

22 the Fund, an amount equal to the sum of— 

23 (A) the difference between— 

24 (i) the total amount of Government 

25 contributions that would have been paid 


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1 under section 8334 or 8423 of title 5, 

2 United States Code, if the amendments 

3 made by section 2 had been in effect dur4 ing the prior service; and 

5 (ii) the total amount of Government 

6 contributions paid under section 8334 or 

7 8423 of title 5, United States Code; and 

8 (B) interest on the amount described in 

9 subparagraph (A)(i), as computed in accordance 

10 with— 

11 (i) paragraphs (2) and (3) of section 

12 8334(e) of title 5, United States Code; and 

13 (ii) regulations promulgated by the 

14 Director. 

15 (2) CONTRIBUTIONS TO BE MADE RATABLY.— 

16 Government contributions under this subsection on 

17 behalf of an incumbent shall be made by the agency 

18 ratably (not less frequently than annually) over the 

19 10-year period beginning on the date described in 

20 subsection (a)(6). 

21 (e) EXEMPTION FROM MANDATORY SEPARATION.— 

22 Notwithstanding section 8335(b) or 8425(b) of title 5, 

23 United States Code, a law enforcement officer shall not 

24 be subject to mandatory separation during the 3-year pe25 riod beginning on the date of enactment of this Act. 


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1 (f) REGULATIONS.—The Director shall prescribe reg2 ulations to carry out this Act, including regulations for 

3 the application of this section in the case of any individual 

4 entitled to a survivor annuity (based on the service of an 

5 incumbent who dies before making an election under sub6 section (b)(2)), to the extent of any rights that would have 

7 been available to the decedent if still living. 

8 (g) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be considered to apply in the case of a reem10 ployed annuitant. 

Æ 


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