PUBLIC LAW 108–133—NOV. 22, 2003

DISTRICT OF COLUMBIA MILITARY

RETIREMENT EQUITY ACT OF 2003

117 STAT. 1386 PUBLIC LAW 108–133—NOV. 22, 2003

Public Law 108–133

108th Congress

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

District of

Columbia

Military

Retirement

Equity Act of

2003.

Nov. 22, 2003

[H.R. 3054]

PUBLIC LAW 108–133—NOV. 22, 2003 117 STAT. 1387

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)’’.

Effective date.

117 STAT. 1388 PUBLIC LAW 108–133—NOV. 22, 2003

LEGISLATIVE HISTORY—H.R. 3054:

CONGRESSIONAL RECORD, Vol. 149 (2003):

Oct. 8, considered and passed House.

Nov. 11, considered and passed Senate.

Æ

(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.

Approved November 22, 2003.

Applicability.