II 

112TH CONGRESS 

1ST SESSION S. 1543 

To amend chapters 83 and 84 of title 5, United States Code, to address 

retirement for Pentagon Force Protection Agency officers. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2011 

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

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend chapters 83 and 84 of title 5, United States 

Code, to address retirement for Pentagon Force Protection Agency officers. 

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 ‘‘Retirement Equity for 

5 Pentagon Police Heroes Act of 2011’’. 

6 SEC. 2. PENTAGON FORCE PROTECTION AGENCY. 

7 (a) AMENDMENTS RELATING TO THE CIVIL SERVICE

8 RETIREMENT SYSTEM.— 

9 (1) DEFINITIONS.— 


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1 (A) CIVIL SERVICE RETIREMENT SYS2 TEM.—Section 8331 of title 5 United States 

3 Code is amended— 

4 (i) in paragraph (30), by striking 

5 ‘‘and’’ at the end; 

6 (ii) in paragraph (31), by striking the 

7 period at the end and inserting ‘‘; and’’; 

8 and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(32) ‘Pentagon Force Protection Agency offi12 cer’ means an employee appointed to perform law 

13 enforcement and security functions under section 

14 2674(b) of title 10 whose permanent duty station is 

15 the Pentagon Reservation and who occupies a posi16 tion in job series 0083, or any successor position, for 

17 which the rate of basic pay is fixed in accordance 

18 with paragraph (2) of such section.’’. 

19 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS20 ITS.—Section 8334 of title 5, United States Code, is 

21 amended— 

22 (A) in subsection (a)(1)(A), by striking ‘‘or 

23 customs and border protection officer,’’ and in24 serting ‘‘customs and border protection officer, 


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1 or Pentagon Force Protection Agency officer,’’; 

2 and 

3 (B) in the table contained in subsection 

4 (c), by adding at the end the following: 

‘‘Pentagon Force Protection Agency 

officer 

7.5 After the date of enactment of 

the Pentagon Force Protection Agency Retirement Act 

of 2011.’’. 

5 (3) MANDATORY SEPARATION.—Section 

6 8835(b)(1) of title 5, United States Code, is amend7 ed in the first sentence by striking ‘‘or customs and 

8 border protection officer’’ and inserting ‘‘customs 

9 and border protection officer, or Pentagon Force 

10 Protection Agency officer’’. 

11 (4) IMMEDIATE RETIREMENT.—Section 8336 of 

12 title 5, United States Code, is amended— 

13 (A) in subsection (c)(1), by striking ‘‘or 

14 customs and border protection officer’’ and in15 serting ‘‘customs and border protection officer, 

16 or Pentagon Force Protection Agency officer’’; 

17 and 

18 (B) in subsections (m) and (n), by striking 

19 ‘‘or as a customs and border protection officer,’’ 

20 and inserting ‘‘as a customs and border protec21 tion officer, or as a Pentagon Force Protection 

22 Agency officer,’’. 


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1 (b) AMENDMENTS RELATING TO THE FEDERAL EM2 PLOYEES’ RETIREMENT SYSTEM.— 

3 (1) DEFINITIONS.—Section 8401 of title 5, 

4 United States Code, is amended— 

5 (A) in paragraph (35), by striking ‘‘and’’ 

6 at the end; 

7 (B) in paragraph (36), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(37) ‘Pentagon Force Protection Agency offi11 cer’ means an employee appointed to perform law 

12 enforcement and security functions under section 

13 2674(b) of title 10 whose permanent duty station is 

14 the Pentagon Reservation and who occupies a posi15 tion in job series 0083, or any successor position, for 

16 which the rate of basic pay is fixed in accordance 

17 with paragraph (2) of such section.’’. 

18 (2) IMMEDIATE RETIREMENT.—Paragraphs (1) 

19 and (2) of section 8412(d) of title 5, United States 

20 Code, are amended by striking ‘‘or customs and bor21 der protection officer,’’ and inserting ‘‘customs and 

22 border protection officer, or Pentagon Force Protec23 tion Agency officer,’’. 

24 (3) COMPUTATION OF BASIC ANNUITY.—Section 

25 8415(h)(2) of title 5, United States Code, is amendVerDate Mar 15 2010 22:05 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1543.IS S1543

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1 ed by striking ‘‘or customs and border protection of2 ficer’’ and inserting ‘‘customs and border protection 

3 officer, or Pentagon Force Protection Agency offi4 cer.’’. 

5 (4) DEDUCTIONS FROM PAY.—The table con6 tained in section 8422(a)(3) of title 5, United States 

7 Code, is amended by adding at the end the fol8 lowing: 

‘‘Pentagon Force Protection Agency 

officer 

7.5 After the date of enactment of 

the Pentagon Force Protection Agency Retirement Act 

of 2011.’’. 

9 (5) GOVERNMENT CONTRIBUTIONS.—Para10 graphs (1)(B)(i) and (3) of section 8423(a) of title 

11 5, United States Code, are amended by inserting 

12 ‘‘Pentagon Force Protection Agency officers,’’ after 

13 ‘‘customs and border protection officers,’’ each place 

14 it appears. 

15 (6) MANDATORY SEPARATION.—Section 

16 8425(b)(1) of title 5, United States Code, is amend17 ed— 

18 (A) by striking ‘‘or customs and border 

19 protection officers who’’ and inserting ‘‘customs 

20 and border protection officer, or Pentagon 

21 Force Protection Agency officers who’’; and 

22 (B) by striking ‘‘or customs and border 

23 protection officer as the case’’ and inserting 


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1 ‘‘customs and border protection officer, or Pen2 tagon Force Protection Agency officer, as the 

3 case’’. 

4 (c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.— 

5 Section 3307 of title 5, United States Code, is amended 

6 by adding at the end the following: 

7 ‘‘(h) The Secretary of Defense may determine and 

8 fix the maximum age limit for an original appointment 

9 to a position as a Pentagon Force Protection Agency offi10 cer, as defined by section 8401(37).’’. 

11 (d) REGULATIONS.—Any regulations necessary to 

12 carry out the amendments made by this section shall be 

13 prescribed by the Director of the Office of Personnel Man14 agement, in consultation with the Secretary of Defense. 

15 (e) EFFECTIVE DATE; TRANSITION RULES.— 

16 (1) EFFECTIVE DATE.—The amendments made 

17 by this section shall become effective on the first day 

18 of the first pay period beginning at least 6 months 

19 after the date of the enactment of this Act. 

20 (2) TRANSITION RULES.— 

21 (A) NONAPPLICABILITY OF MANDATORY

22 SEPARATION PROVISIONS TO CERTAIN INDIVID23 UALS.—The amendments made by subsections 

24 (a)(3) and (b)(6), respectively, shall not apply 

25 to an individual first appointed as a Pentagon 


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1 Force Protection Agency officer before the ef2 fective date under paragraph (1). 

3 (B) TREATMENT OF PRIOR PENTAGON

4 FORCE PROTECTION AGENCY OFFICER SERV5 ICE.—Nothing in this section or any amend6 ment made by this section shall be considered 

7 to apply with respect to any service performed 

8 as a Pentagon Force Protection Agency officer 

9 before the effective date under paragraph (1). 

10 (C) MINIMUM ANNUITY AMOUNT.—The an11 nuity of an individual serving as a Pentagon 

12 Force Protection Agency officer on the effective 

13 date under paragraph (1) pursuant to an ap14 pointment made before that date shall, to the 

15 extent that its computation is based on service 

16 rendered as a Pentagon Force Protection Agen17 cy officer on or after that date, be at least 

18 equal to the amount that would be payable— 

19 (i) to the extent that such service is 

20 subject to the Civil Service Retirement 

21 System, by applying section 8339(d) of 

22 title 5, United States Code, with respect to 

23 such service; and 

24 (ii) to the extent that such service is 

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1 ment System, by applying section 8415(d) 

2 of title 5, United States Code, with respect 

3 to such service. 

4 (D) RULE OF CONSTRUCTION.—Nothing in 

5 the amendment made by subsection (c) shall be 

6 considered to apply with respect to any appoint7 ment made before the effective date under para8 graph (1). 

9 (3) DEFINITION.—For purposes of this sub10 section, the term ‘‘Pentagon Force Protection Agen11 cy officer’’ has the meaning given such term by sec12 tion 8331(32) or 8401(37) of title 5, United States 

13 Code (as amended by this Act). 

14 (4) EXCLUSION.—Nothing in this Act or any 

15 amendment made by this Act shall be considered to 

16 afford any election or to otherwise apply with re17 spect to any individual who, as of the day before the 

18 date of the enactment of this Act— 

19 (A) holds a position within the Pentagon 

20 Force Protection Agency; and 

21 (B) is considered a law enforcement officer 

22 for purposes of subchapter III of chapter 83 or 

23 chapter 84 of title 5, United States Code, by 

24 virtue of such position. 

Æ 


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