II 

Calendar No. 496 

112TH CONGRESS 

2D SESSION S. 1515 

[Report No. 112–205] 

To permit certain members of the United States Secret Service and certain 

members of the United States Secret Service Uniformed Division who 

were appointed in 1984, 1985, or 1986 to elect to be covered under 

the District of Columbia Police and Firefighter Retirement and Disability 

System in the same manner as members appointed prior to 1984. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 6, 2011 

Mr. LIEBERMAN introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

AUGUST 28, 2012 

Reported, under authority of the order of the Senate of August 2, 2012, by 

Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To permit certain members of the United States Secret Service and certain members of the United States Secret 

Service Uniformed Division who were appointed in 1984, 

1985, or 1986 to elect to be covered under the District 

of Columbia Police and Firefighter Retirement and Disability System in the same manner as members appointed prior to 1984. 


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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 ‘‘United States Secret 

5 Service Retirement Act of 2011’’. 

6 SEC. 2. AUTHORITY OF CERTAIN MEMBERS OF UNITED 

7 STATES SECRET SERVICE TO ELECT COV8 ERAGE UNDER DISTRICT OF COLUMBIA PO9 LICE AND FIREFIGHTER RETIREMENT SYS10 TEM. 

11 (a) IN GENERAL.—Subsection (b) of the Policemen 

12 and Firemen’s Retirement and Disability Act (sec. 5–703, 

13 D.C. Official Code) is amended— 

14 (1) by striking ‘‘Whenever any member’’ and 

15 inserting ‘‘(1) IN GENERAL.—Whenever any mem16 ber’’; and 

17 (2) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) COVERAGE OF CERTAIN OTHER EMPLOYEES OF

20 SECRET SERVICE.— 

21 ‘‘(A) IN GENERAL.—Paragraph (1) shall apply 

22 with respect to a covered employee in the same man23 ner as such paragraph applies to an individual who 

24 is authorized to make a transfer of funds under such 

25 paragraph, but only if— 


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1 ‘‘(i) not later than 60 days after receiving 

2 notification of the transition cost associated 

3 with the application of paragraph (1) to the 

4 covered employee (as provided under section 

5 2(b)(2) of the United States Secret Service Re6 tirement Act of 2011), the covered employee 

7 provides a notification to the Director of the 

8 United States Secret Service containing such 

9 information and assurances as the Director may 

10 require; 

11 ‘‘(ii) on or before the date the covered em12 ployee provides a notification under clause (i), 

13 the employee makes a lump sum payment in an 

14 amount equal to the transition cost associated 

15 with the application of paragraph (1) to the 

16 covered employee, in accordance with section 

17 2(c) of the United States Secret Service Retire18 ment Act of 2011; and 

19 ‘‘(iii) the covered employee uses the ac20 count of the covered employee in the Thrift 

21 Savings Fund as the exclusive source of funds 

22 for making the lump sum payment under clause 

23 (ii). 

24 ‘‘(B) ADJUSTMENT TO REFLECT SOCIAL SECU25 RITY CONTRIBUTIONS AND BENEFITS.—In the case 


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1 of a covered employee who authorizes a transfer of 

2 funds under paragraph (1), such covered employee 

3 shall be subject to the same deductions and shall be 

4 entitled to the same benefits as provided for under 

5 paragraph (1), subject to offset in accordance with 

6 section 103(e) of Public Law 100–238 (5 U.S.C. 

7 8334 note). 

8 ‘‘(C) COVERED EMPLOYEE DEFINED.—In this 

9 paragraph, the term ‘covered employee’ means an in10 dividual who— 

11 ‘‘(i) was appointed as an officer or member 

12 of the United States Secret Service Division or 

13 the United States Secret Service Uniformed Di14 vision during 1984, 1985, or 1986; 

15 ‘‘(ii) has actively performed duties other 

16 than clerical for 10 or more years directly re17 lated to the protection mission of the United 

18 States Secret Service described under section 

19 3056 of title 18, United States Code; 

20 ‘‘(iii) is serving as an officer or member of 

21 the United States Secret Service Division or the 

22 United States Secret Service Uniformed Divi23 sion (or any successor entity) on the date of en24 actment of this paragraph; and 


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1 ‘‘(iv) is participating in the Federal Em2 ployees’ Retirement System under chapter 84 of 

3 title 5, United States Code, on the date of en4 actment of this paragraph.’’. 

5 (b) NOTIFICATIONS.— 

6 (1) INITIAL NOTIFICATION BY SECRET SERV7 ICE.—Not later than 30 days after the date of the 

8 enactment of this Act, the Director of the United 

9 States Secret Service shall notify each covered em10 ployee that the covered employee may execute an 

11 election under this subsection to have paragraph (1) 

12 of subsection (b) of the Policemen and Firemen’s 

13 Retirement and Disability Act (sec. 5–703, D.C. Of14 ficial Code) apply with respect to the covered em15 ployee. 

16 (2) NOTIFICATION OF TRANSITION COST.—Not 

17 later than 15 days after determining the amount of 

18 the transition cost associated with the application of 

19 paragraph (1) of subsection (b) of the Policemen 

20 and Firemen’s Retirement and Disability Act (sec. 

21 5–703, D.C. Official Code) to a covered employee (in 

22 accordance with subsection (c)), the Director of the 

23 United States Secret Service shall notify the covered 

24 employee of such transition cost. 

25 (c) TRANSITION COST.— 


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1 (1) DETERMINATION OF AMOUNT.—The transi2 tion cost associated with the application of para3 graph (1) of subsection (b) of the Policemen and 

4 Firemen’s Retirement and Disability Act to a cov5 ered employee is the amount by which— 

6 (A) the estimated present value of the pay7 ments which would be payable by the Federal 

8 Government to the District of Columbia with 

9 respect to such employee during the 11-fiscal 

10 year period beginning with the fiscal year in 

11 which this Act is enacted if such paragraph ap12 plies with respect to the covered employee, ex13 ceeds 

14 (B) the estimated present value of the ben15 efits which would be payable from the Civil 

16 Service Retirement and Disability Fund with 

17 respect to such employee during the 11-year pe18 riod described in subparagraph (A) if such 

19 paragraph does not apply with respect to the 

20 covered employee. 

21 (2) DETERMINATION.—Not later than 60 days 

22 after the date of the enactment of this Act, the Di23 rector of the United States Secret Service, in con24 sultation with the Director of the Office of Per25 sonnel Management and the Mayor of the District of 


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1 Columbia, shall determine the transition cost with 

2 respect to each covered employee, by applying such 

3 assumptions and other methodologies as the Direc4 tor of the United States Secret Service considers ap5 propriate, consistent with generally accepted actu6 arial practices and standards. 

7 (3) USE OF DISTRIBUTION FROM THRIFT SAV8 INGS PLAN FOR LUMP SUM PAYMENT.— 

9 (A) IN GENERAL.—For purposes of mak10 ing the lump sum payment required under 

11 paragraph (2) of subsection (b) of the Police12 men and Firemen’s Retirement and Disability 

13 Act, a covered employee shall, subject to section 

14 8435 of title 5, United States Code (to the 

15 same extent and in the same manner as a with16 drawal under section 8433(h) of such title), di17 rect the Executive Director appointed under 

18 section 8474 of such title to make a single with19 drawal from the account of the covered em20 ployee in the Thrift Savings Fund in an 

21 amount equal to the transition cost associated 

22 with the covered employee. 

23 (B) TRANSFER TO SECRET SERVICE.— 

24 Upon being directed by a covered employee to 

25 make a withdrawal under subparagraph (A), 


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1 the Executive Director shall transfer the 

2 amount of the withdrawal to the Director of the 

3 United States Secret Service for deposit into 

4 the Contributions for Annuity Benefits, United 

5 States Secret Service appropriations account of 

6 the Department of Homeland Security. 

7 (d) DEFINITION.—In subsections (b) and (c), a ‘‘cov8 ered employee’’ means an individual described in para9 graph (2) of subsection (b) of the Policemen and Fire10 men’s Retirement and Disability Act (sec. 5–703, D.C. Of11 ficial Code), as added by subsection (a). 

12 SEC. 3. TREATMENT OF REEMPLOYED ANNUITANTS. 

13 Section 8468 of title 5, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(k)(1) For purposes of this section, the term ‘cov16 ered District of Columbia retiree’ means an individual who 

17 is receiving benefits under the Policemen and Firemen’s 

18 Retirement and Disability Act— 

19 ‘‘(A) based in whole or in part on such individ20 ual’s service as an officer or member of the United 

21 States Secret Service Division or the United States 

22 Secret Service Uniformed Division; and 

23 ‘‘(B) pursuant to an election, made under sub24 section (b)(2) of such Act (sec. 5–703, D.C. Official 


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1 Code), to transfer to that retirement system from 

2 the retirement system under this chapter. 

3 ‘‘(2) If a covered District of Columbia retiree be4 comes employed in an appointive or elective position (as 

5 referred to in subsection (a)), an amount equal to the re6 tirement benefits which are payable under the Policemen 

7 and Firemen’s Retirement and Disability Act and allo8 cable to the period of actual employment shall be deducted 

9 from the pay of the reemployed retiree, to the same extent 

10 and in the same manner as if those retirement benefits 

11 were an annuity under this chapter. 

12 ‘‘(3) The Director of the Office of Personnel Manage13 ment shall prescribe any regulations necessary to carry out 

14 this subsection, including regulations under which an em15 ploying agency shall accept the certification of the appro16 priate official of the government of the District of Colum17 bia regarding the amount of retirement benefits being paid 

18 to a covered District of Columbia retiree for a period dur19 ing which such retiree is employed in the position de20 scribed in paragraph (2).’’. 

21 SEC. 4. PAYGO COMPLIANCE. 

22 The budgetary effects of this Act, for the purpose of 

23 complying with the Statutory Pay-As-You-Go Act of 2010, 

24 shall be determined by reference to the latest statement 

25 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 


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1 Act, submitted for printing in the Congressional Record 

2 by the Chairman of the Senate Budget Committee, pro3 vided that such statement has been submitted prior to the 

4 vote on passage. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘United States Secret 

7 Service Retirement Act of 2012’’. 

8 SEC. 2. SENSE OF THE SENATE. 

9 It is the sense of the Senate that members of the United 

10 States Secret Service Division and the United States Secret 

11 Service Uniformed Division hired between January 1, 1984 

12 and December 31, 1986 were promised that, in part as a 

13 recruitment and retention tool, they would be eligible to 

14 participate in the District of Columbia Police and Fire15 fighters Retirement System. 

16 SEC. 3. AUTHORITY OF CERTAIN MEMBERS OF UNITED 

17 STATES SECRET SERVICE TO ELECT COV18 ERAGE UNDER DISTRICT OF COLUMBIA PO19 LICE AND FIREFIGHTER RETIREMENT SYS20 TEM. 

21 (a) IN GENERAL.—Subsection (b) of the Policemen and 

22 Firemen’s Retirement and Disability Act (sec. 5–703, D.C. 

23 Official Code) is amended— 


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1 (1) by striking ‘‘Whenever any member’’ and in2 serting ‘‘(1) IN GENERAL.—Whenever any member’’; 

3 and 

4 (2) by adding at the end the following new para5 graph: 

6 ‘‘(2) COVERAGE OF CERTAIN OTHER EMPLOYEES OF

7 SECRET SERVICE.— 

8 ‘‘(A) IN GENERAL.—Paragraph (1) shall apply 

9 with respect to a covered employee in the same man10 ner as such paragraph applies to an individual who 

11 is authorized to make a transfer of funds under such 

12 paragraph, but only if— 

13 ‘‘(i) not later than 60 days after receiving 

14 notification of the transition cost associated with 

15 the application of paragraph (1) to the covered 

16 employee (as provided under section 3(b)(2) of 

17 the United States Secret Service Retirement Act 

18 of 2012), the covered employee provides a notifi19 cation to the Director of the United States Secret 

20 Service containing such information and assur21 ances as the Director may require; and 

22 ‘‘(ii) on or before the date the covered em23 ployee provides a notification under clause (i), 

24 the employee makes a lump sum payment in an 

25 amount equal to the transition cost associated 


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1 with the application of paragraph (1) to the cov2 ered employee, determined in accordance with 

3 section 3(c) of the United States Secret Service 

4 Retirement Act of 2012, for deposit into the Con5 tributions for Annuity Benefits, United States 

6 Secret Service appropriations account of the De7 partment of Homeland Security. 

8 ‘‘(B) ADJUSTMENT TO REFLECT SOCIAL SECU9 RITY CONTRIBUTIONS AND BENEFITS.—In the case of 

10 a covered employee who authorizes a transfer of funds 

11 under paragraph (1), such covered employee shall be 

12 subject to the same deductions and shall be entitled to 

13 the same benefits as provided for under paragraph 

14 (1), subject to offset in accordance with section 103(e) 

15 of Public Law 100–238 (5 U.S.C. 8334 note). 

16 ‘‘(C) COVERED EMPLOYEE DEFINED.—In this 

17 paragraph, the term ‘covered employee’ means an in18 dividual who— 

19 ‘‘(i) was appointed during 1984, 1985, or 

20 1986— 

21 ‘‘(I) as a member of the United States 

22 Secret Service Uniformed Division as de23 fined under section 10201(1) of title 5, 

24 United States Code; or 


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1 ‘‘(II) to the United States Secret Serv2 ice as a criminal investigator as defined 

3 under section 5545a(a)(2) of title 5, United 

4 States Code; 

5 ‘‘(ii) has actively performed duties other 

6 than clerical for 10 or more years directly re7 lated to the protection mission of the United 

8 States Secret Service described under section 

9 3056 of title 18, United States Code; 

10 ‘‘(iii) is serving as an officer or member of 

11 the United States Secret Service Uniformed Di12 vision as defined under section 10201(1) of title 

13 5, United States Code, or is employed by the 

14 United States Secret Service as a criminal inves15 tigator as defined under section 5545a(a)(2) of 

16 title 5, United States Code; and 

17 ‘‘(iv) is covered under the Federal Employ18 ees’ Retirement System under chapter 84 of title 

19 5, United States Code, on the date of enactment 

20 of this paragraph.’’. 

21 (b) NOTIFICATIONS.— 

22 (1) INITIAL NOTIFICATION BY SECRET SERV23 ICE.—Not later than 30 days after the date of the en24 actment of this Act, the Director of the United States 

25 Secret Service shall notify each covered employee that 


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1 the covered employee may execute an election under 

2 this subsection to have paragraph (1) of subsection (b) 

3 of the Policemen and Firemen’s Retirement and Dis4 ability Act (sec. 5–703, D.C. Official Code) apply 

5 with respect to the covered employee. 

6 (2) NOTIFICATION OF TRANSITION COST.—Not 

7 later than 15 days after determining the amount of 

8 the transition cost associated with the application of 

9 paragraph (1) of subsection (b) of the Policemen and 

10 Firemen’s Retirement and Disability Act (sec. 5–703, 

11 D.C. Official Code) to a covered employee (in accord12 ance with subsection (c)), the Director of the United 

13 States Secret Service shall notify the covered employee 

14 of such transition cost. 

15 (c) TRANSITION COST.— 

16 (1) DETERMINATION OF AMOUNT.—The transi17 tion cost associated with the application of paragraph 

18 (1) of subsection (b) of the Policemen and Firemen’s 

19 Retirement and Disability Act to a covered employee 

20 is the amount by which— 

21 (A) the estimated present value of the pay22 ments which would be payable by the Federal 

23 Government to the District of Columbia with re24 spect to such employee during the 11-fiscal year 

25 period beginning with the fiscal year in which 


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1 this Act is enacted if such paragraph applies 

2 with respect to the covered employee, exceeds 

3 (B) the estimated present value of the bene4 fits which would be payable from the Civil Serv5 ice Retirement and Disability Fund with respect 

6 to such employee during the 11-year period de7 scribed in subparagraph (A) if such paragraph 

8 does not apply with respect to the covered em9 ployee. 

10 (2) DETERMINATION.— 

11 (A) IN GENERAL.—Not later than 60 days 

12 after the date of enactment of this Act, the Office 

13 of Pay and Retirement Services of the District of 

14 Columbia shall determine the transition cost 

15 with respect to each covered employee, by apply16 ing such assumptions and other methodologies as 

17 the Office of Pay and Retirement Services of the 

18 District of Columbia considers appropriate, con19 sistent with generally accepted actuarial prac20 tices and standards. 

21 (B) ADDITIONAL RESOURCES.— 

22 (i) IN GENERAL.—The Office of Pay 

23 and Retirement Services of the District of 

24 Columbia may enter into contracts as necVerDate Mar 15 2010 21:12 Aug 28, 2012 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\S1515.RS S1515

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1 essary to enable that Office to carry out ac2 tivities under this paragraph. 

3 (ii) AUTHORIZATION OF APPROPRIA4 TIONS.—There are authorized to be appro5 priated not to exceed $75,000 to carry out 

6 this paragraph. 

7 (d) DEFINITION.—In subsections (b) and (c), the term 

8 ‘‘covered employee’’ means an individual described in para9 graph (2) of subsection (b) of the Policemen and Firemen’s 

10 Retirement and Disability Act (sec. 5–703, D.C. Official 

11 Code), as added by subsection (a). 

12 SEC. 4. FORFEITURE OF EMPLOYER CONTRIBUTIONS FOR 

13 THRIFT SAVINGS PLAN. 

14 (a) IN GENERAL.—A covered employee shall forfeit all 

15 contributions to the Thrift Savings Fund made by an em16 ploying agency pursuant to section 8432(c) of title 5, 

17 United States Code, for the benefit of the covered employee 

18 before the effective date of the election made by the employee 

19 under section 3(b) of this Act. 

20 (b) DEFINITION.—In this section, the term ‘‘covered 

21 employee’’ means an individual described in subparagraph 

22 (C) of subsection (b)(2) of the Policemen and Firemen’s Re23 tirement and Disability Act, as added by this Act, who pro24 vides a notification in accordance with subparagraph (A) 

25 of such subsection (b)(2). 


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1 SEC. 5. TREATMENT OF REEMPLOYED ANNUITANTS. 

2 (a) IN GENERAL.—For purposes of section 8468 of title 

3 5, United States Code, a covered employee (as defined in 

4 section 4(b) of this Act) who is receiving benefits under the 

5 Policemen and Firemen’s Retirement and Disability Act 

6 pursuant to an election made under section 3(b) of this Act 

7 shall be deemed to be an annuitant, as defined under section 

8 8401 of title 5, United States Code. 

9 (b) REGULATIONS.—The Director of the Office of Per10 sonnel Management shall prescribe any regulations nec11 essary to carry out this section, including regulations under 

12 which an employing agency shall accept the certification 

13 of the appropriate official of the government of the District 

14 of Columbia regarding the amount of retirement benefits 

15 being paid to a covered District of Columbia retiree for a 

16 period during which such retiree is employed in an ap17 pointive or elective position with the agency. 

18 SEC. 6. PAYGO COMPLIANCE. 

19 The budgetary effects of this Act, for the purpose of 

20 complying with the Statutory Pay-As-You-Go-Act of 2010, 

21 shall be determined by reference to the latest statement titled 

22 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

23 submitted for printing in the Congressional Record by the 

24 Chairman of the Senate Budget Committee, provided that 

25 such statement has been submitted prior to the vote on pas26 sage. 


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Calendar No. 496 

112TH CONGRESS 

2D SESSION S. 1515 

[Report No. 112–205] 

A BILL 

To permit certain members of the United States 

appointed prior to 1984. ability System in the same manner as members bia Police and Firefighter Retirement and Diselect to be covered under the District of Columwho were appointed in 1984, 1985, or 1986 to United States Secret Service Uniformed Division Secret Service and certain members of the 

AUGUST 28, 2012 

Reported with an amendment 


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