II

103D CONGRESS

1ST SESSION S. 1038

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

the civil service retirement provisions of such chapter which are applicable

to law enforcement officers, to inspectors of the Immigration and Naturalization Service, inspectors and canine enforcement officers of the

United States Customs Service, and revenue officers of the Internal

Revenue Service.

IN THE SENATE OF THE UNITED STATES

MAY 27 (legislative day, APRIL 19), 1993

Ms. MIKULSKI (for herself and Mr. LEAHY) introduced the following bill;

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

A BILL

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

Code, to extend the civil service retirement provisions

of such chapter which are applicable to law enforcement

officers, to inspectors of the Immigration and Naturalization Service, inspectors and canine enforcement officers

of the United States Customs Service, and revenue officers of the Internal Revenue Service.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.

4 (a) DEFINITIONS.—Section 8331 of title 5, United

5 States Code, is amended—
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1 (1) by striking out ‘‘and’’ at the end of para2 graph (25);

3 (2) by striking out the period at the end of

4 paragraph (26) and inserting in lieu thereof a semi5 colon; and

6 (3) by adding at the end thereof the following

7 new paragraphs:

8 ‘‘(27) ‘revenue officer’ means an employee of

9 the Internal Revenue Service, the duties of whose

10 position are primarily the collection of delinquent

11 taxes and the securing of delinquent returns, includ12 ing an employee engaged in this activity who is

13 transferred to a supervisory or administrative

14 position;

15 ‘‘(28) ‘customs inspector’ means an employee of

16 the United States Customs Service, the duties of

17 whose position are primarily to—

18 ‘‘(A) enforce laws and regulations govern19 ing the importing and exporting of mer20 chandise;

21 ‘‘(B) process and control passengers and

22 baggage;

23 ‘‘(C) interdict smuggled merchandise and

24 contraband; and
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1 ‘‘(D) apprehend (if warranted) persons in2 volved in violations of customs laws,

3 including an employee engaged in this activity who

4 is transferred to a supervisory or administrative

5 position;

6 ‘‘(29) ‘customs canine enforcement officer’

7 means an employee of the United States Customs

8 Service, the duties of whose position are primarily to

9 work directly with a dog in an effort to—

10 ‘‘(A) enforce laws and regulations govern11 ing the importing and exporting of mer12 chandise;

13 ‘‘(B) process and control passengers and

14 baggage;

15 ‘‘(C) interdict smuggled merchandise and

16 contraband; and

17 ‘‘(D) apprehend (if warranted) persons in18 volved in violations of customs laws,

19 including an employee engaged in this activity who

20 is transferred to a supervisory or administrative po21 sition; and

22 ‘‘(30) ‘Immigration and Naturalization inspec23 tor’ means an employee of the Immigration and Nat24 uralization Service, the duties of whose position are

25 primarily the controlling and guarding of the bound-
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1 aries and borders of the United States against the

2 illegal entry of aliens, including an employee en3 gaged in this activity who is transferred to a super4 visory or administrative position.’’.

5 (b) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS6 ITS.—Section 8334 of title 5, United States Code, is

7 amended—

8 (1) in subsection (a)(1), by striking out ‘‘a law

9 enforcement officer,’’ and inserting in lieu thereof ‘‘a

10 law enforcement officer, a revenue officer, a customs

11 inspector, a customs canine enforcement officer, an

12 Immigration and Naturalization inspector,’’; and

13 (2) in the table in subsection (c), by striking

14 out ‘‘and firefighter for firefighter service.’’ and in15 serting in lieu thereof ‘‘, firefighter for firefighter

16 service, revenue officer for revenue officer service,

17 customs inspector for customs inspector service, cus18 toms canine enforcement officer for customs canine

19 enforcement officer service, and Immigration and

20 Naturalization inspector for Immigration and Natu21 ralization inspector service’’.

22 (c) MANDATORY SEPARATION.—Section 8335(b) of

23 title 5, United States Code, is amended in the second sen24 tence by striking out ‘‘law enforcement officer’’ and insert25 ing in lieu thereof ‘‘law enforcement officer, a revenue offi-
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1 cer, a customs inspector, a customs canine enforcement

2 officer, or an Immigration and Naturalization inspector’’.

3 (d) IMMEDIATE RETIREMENT.—Section 8336(c)(1)

4 of such title is amended by striking out ‘‘law enforcement

5 officer or firefighter,’’ and inserting ‘‘law enforcement offi6 cer, a firefighter, a revenue officer, a customs inspector,

7 a customs canine enforcement officer, or an Immigration

8 and Naturalization inspector,’’.

9 SEC. 2. FEDERAL EMPLOYEES RETIREMENT SYSTEM.

10 (a) DEFINITIONS.—Section 8401 of title 5, United

11 States Code, is amended—

12 (1) by striking out ‘‘and’’ at the end of para13 graph (31);

14 (2) by striking out the period at the end of

15 paragraph (32) and inserting in lieu thereof a semi16 colon; and

17 (3) by adding at the end thereof the following

18 new paragraphs:

19 ‘‘(33) ‘revenue officer’ means an employee of

20 the Internal Revenue Service, the duties of whose

21 position are primarily the collection of delinquent

22 taxes and the securing of delinquent returns, includ23 ing an employee engaged in this activity who is

24 transferred to a supervisory or administrative posi25 tion;
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1 ‘‘(34) ‘customs inspector’ means an employee of

2 the United States Customs Service, the duties of

3 whose position are primarily to—

4 ‘‘(A) enforce laws and regulations govern5 ing the importing and exporting of merchan6 dise;

7 ‘‘(B) process and control passengers and

8 baggage;

9 ‘‘(C) interdict smuggled merchandise and

10 contraband; and

11 ‘‘(D) apprehend (if warranted) persons in12 volved in violations of customs laws,

13 including an employee engaged in this activity who

14 is transferred to a supervisory or administrative po15 sition;

16 ‘‘(35) ‘customs canine enforcement officer’

17 means an employee of the United States Customs

18 Service, the duties of whose position are primarily to

19 work directly with a dog in an effort to—

20 ‘‘(A) enforce laws and regulations govern21 ing the importing and exporting of merchan22 dise;

23 ‘‘(B) process and control passengers and

24 baggage;
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1 ‘‘(C) interdict smuggled merchandise and

2 contraband; and

3 ‘‘(D) apprehend (if warranted) persons in4 volved in violations of customs laws,

5 including an employee engaged in this activity who

6 is transferred to a supervisory or administrative po7 sition; and

8 ‘‘(36) ‘Immigration and Naturalization inspec9 tor’ means an employee of the Immigration and Nat10 uralization Service, the duties of whose position are

11 primarily the controlling and guarding of the bound12 aries and borders of the United States against the

13 illegal entry of aliens, including an employee en14 gaged in this activity who is transferred to a super15 visory or administrative position.’’.

16 (b) IMMEDIATE RETIREMENT.—Section 8412(a) of

17 title 5, United States Code, is amended—

18 (1) in paragraph (1) by striking out ‘‘or fire19 fighter,’’ and inserting in lieu thereof ‘‘firefighter,

20 revenue officer, customs inspector, customs canine

21 enforcement officer, or Immigration and Naturaliza22 tion inspector,’’; and

23 (2) in paragraph (2) by striking out ‘‘or fire24 fighter,’’ and inserting in lieu thereof ‘‘firefighter,

25 revenue officer, customs inspector, customs canine
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1 enforcement officer, or Immigration and Naturaliza2 tion inspector,’’.

3 (c) COMPUTATION OF BASIC ANNUITY.—Section

4 8415(g)(2) of title 5, United States Code, is amended in

5 the sentence following subparagraph (B) by inserting

6 ‘‘revenue officer, customs inspector, customs canine en7 forcement officer, Immigration and Naturalization inspec8 tor,’’ after ‘‘firefighter,’’.

9 (d) DEDUCTIONS.—Section 8422(a)(2) of title 5,

10 United States Code, is amended—

11 (1) in subparagraph (A) by inserting ‘‘revenue

12 officer, customs inspector, customs canine enforce13 ment officer, Immigration and Naturalization in14 spector,’’ after ‘‘air traffic controller,’’; and

15 (2) in subparagraph (B) by inserting ‘‘revenue

16 officer, customs inspector, customs canine enforce17 ment officer, Immigration and Naturalization in18 spector,’’ after ‘‘air traffic controller,’’.

19 (e) GOVERNMENT CONTRIBUTIONS.—Section

20 8423(a) of title 5, United States Code, is amended—

21 (1) in paragraph (1)(B)(i) by inserting ‘‘reve22 nue officer, customs inspector, customs canine en23 forcement officer, Immigration and Naturalization

24 inspector,’’ after ‘‘law enforcement officer,’’; and
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1 (2) in paragraph (3)(A) by inserting ‘‘revenue

2 officer, customs inspector, customs canine enforce3 ment officer, Immigration and Naturalization in4 spector,’’ after ‘‘law enforcement officer,’’.

5 (f) MANDATORY SEPARATION.—Section 8425(b) of

6 title 5, United States Code, is amended in the second sen7 tence by inserting ‘‘, revenue officer, customs inspector,

8 customs canine enforcement officer, or Immigration and

9 Naturalization inspector’’ after ‘‘law enforcement officer’’.

10 SEC. 3. ADMINISTRATIVE PROVISIONS.

11 (a) EMPLOYEE CONTRIBUTIONS.—Any individual

12 who has served as a revenue officer, customs inspector,

13 customs canine enforcement officer, or Immigration and

14 Naturalization inspector before the effective date of this

15 Act, shall have such service credited and annuities deter16 mined in accordance with the amendments made by sec17 tions 1 and 2 of this Act, if such individual makes pay18 ment into the Civil Service Retirement and Disability

19 Fund of an amount, determined by the Office of Personnel

20 Management, which would have been deducted and with21 held from the basic pay of such individual (including inter22 est thereon) under chapters 83 and 84 of title 5, United

23 States Code, as if such amendments had been in effect

24 during the periods of such service.
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1 (b) AGENCY CONTRIBUTIONS.—No later than 90

2 days after a payment made by an individual under sub3 section (a), the Department of the Treasury or the De4 partment of Justice (as the case may be) shall make a

5 payment into the Civil Service Retirement and Disability

6 Fund of an amount, determined by the Office of Personnel

7 Management, which would have been contributed as a

8 Government contribution (including interest thereon)

9 under chapters 83 and 84 of title 5, United States Code,

10 for the service credited and annuities determined for such

11 individual, as if the amendments made by sections 1 and

12 2 of this Act had been in effect during the applicable peri13 ods of service.

14 (c) REGULATIONS.—The Office of Personnel Man15 agement shall determine the amount of interest to be paid

16 under this section and may promulgate regulations to

17 carry out the provisions of this Act.

18 SEC. 4. EFFECTIVE DATE.

19 The provisions of this Act and amendments made by

20 this Act shall take effect on the date occurring 90 days

21 after the date of enactment of this Act.

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