I

106TH CONGRESS

2D SESSION H. R. 5590

To amend certain provisions of title 5, United States Code, relating to

disability annuities for law enforcement officers, firefighters, and members of the Capitol Police.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 27, 2000

Mr. FOSSELLA introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committee on

House Administration, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend certain provisions of title 5, United States Code,

relating to disability annuities for law enforcement officers, firefighters, and members of the Capitol Police.

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 ‘‘Federal Law

5 Enforement Officers Retirement Relief Act’’.

6 SEC. 2. COMPUTATION PROVISIONS.

7 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

8 8339(g) of title 5, United States Code, is amended—
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1 (1) in paragraph (2), by inserting ‘‘(d) (in the

2 case of a law enforcement officer or firefighter),’’

3 after ‘‘(a)–(c),’’; and

4 (2) by adding at the end the following: ‘‘For

5 purposes of applying the first sentence of this sub6 section and the last sentence of section 8337(a), a

7 law enforcement officer, firefighter, or member of

8 the Capitol Police shall be considered eligible for an

9 annuity computed under section 8339(d) or (q)

10 (whichever applies), whether or not such officer, fire11 fighter, or member satisfies the age and service re12 quirements for retirement under section 8335(b) or

13 (d) or section 8336(c) or (m), and whether or not

14 such member meets the requirements of subsection

15 (b)(2).’’.

16 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

17 Section 8452 of title 5, United States Code, is amended

18 by adding at the end the following:

19 ‘‘(d) For purposes of applying subsections (c)(1) and

20 (d), a law enforcement officer, firefighter, or member of

21 the Capitol Police shall be considered eligible for an annu22 ity computed under section 8415(d), whether or not such

23 officer, firefighter, or member meets the age and service

24 requirements for retirement under section 8412(d) or sec25 tion 8425(b) or (c).’’.
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1 SEC. 3. MINIMUM CREDITABLE SERVICE REQUIREMENT

2 NOT APPLICABLE IF DISABILITY RESULTS

3 FROM AN INJURY SUSTAINED IN THE PER4 FORMANCE OF DUTY.

5 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

6 8337(a) of title 5, United States Code, is amended by in7 serting after the first sentence the following: ‘‘In the case

8 of a law enforcement officer, firefighter, or member of the

9 Capitol Police who becomes disabled as a result of an in10 jury sustained in the performance of duty (as determined

11 under regulations prescribed by the Office of Personnel

12 Management), the 5-year requirement under the preceding

13 sentence shall not apply.’’.

14 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

15 Section 8451(a)(1)(A) of title 5, United States Code, is

16 amended by inserting after the first sentence the fol17 lowing: ‘‘In the case of a law enforcement officer, fire18 fighter, or member of the Capitol Police who becomes dis19 abled as a result of an injury sustained in the performance

20 of duty (as determined under regulations prescribed by the

21 Office of Personnel Management), the 18-month require22 ment under the preceding sentence shall not apply.’’.
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1 SEC. 4. PERIODIC MEDICAL EXAMINATIONS AND CERTAIN

2 RELATED REQUIREMENTS NOT APPLICABLE

3 AFTER AGE 50.

4 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

5 8337 of title 5, United States Code, is amended by adding

6 at the end the following:

7 ‘‘(i) In the case of a law enforcement officer, fire8 fighter, or member of the Capitol Police, subsections (c)

9 and (d) shall be applied by substituting ‘50 years of age’

10 for ‘60 years of age’ each place it appears.’’.

11 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

12 (1) IN GENERAL.—Subchapter V of chapter 84

13 of title 5, United States Code, is amended by adding

14 at the end the following:

15 ‘‘§ 8457. Special rules relating to law enforcement of16 ficers and certain others

17 ‘‘In the case of a law enforcement officer, firefighter,

18 or member of the Capitol Police, sections 8454 and 8455

19 shall be applied by substituting ‘50 years of age’ for ‘60

20 years of age’ each place it appears.’’.

21 (2) CLERICAL AMENDMENT.—The analysis for

22 chapter 84 of title 5, United States Code, is amend23 ed by inserting after the item relating to section

24 8456 the following:

‘‘8457. Special rules relating to law enforcement officers and certain others.’’.

Æ