II 

111TH CONGRESS 

1ST SESSION S. 1862 

To provide that certain Secret Service employees may elect to transition 

to coverage under the District of Columbia Police and Fire Fighter 

Retirement and Disability System. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 22, 2009 

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

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide that certain Secret Service employees may elect 

to transition to coverage under the District of Columbia 

Police and Fire Fighter Retirement and Disability System. 

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 2009’’. 


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1 SEC. 2. RETIREMENT TREATMENT OF CERTAIN SECRET 

2 SERVICE EMPLOYEES. 

3 (a) DEFINITION.—In this Act, the term ‘‘covered em4 ployee’’ means an individual who— 

5 (1) was hired as a member of the United States 

6 Secret Service Division or the United States Secret 

7 Service Uniformed Division during the period begin8 ning on January 1, 1984 through December 31, 

9 1986; 

10 (2) has actively performed duties other than 

11 clerical for 10 or more years directly related to the 

12 protection mission of the United States Secret Serv13 ice described under section 3056 of title 18, United 

14 States Code; 

15 (3) is serving as a member of the United States 

16 Secret Service Division or the United States Secret 

17 Service Uniformed Division (or any successor entity) 

18 on the effective date of this Act; and 

19 (4) files an election to be a covered employee 

20 under subsection (b)(1). 

21 (b) ELECTION OF COVERAGE.— 

22 (1) IN GENERAL.—Not later than 60 days after 

23 the date of enactment of this Act, an individual de24 scribed under subsection (a) (1), (2), and (3) may 

25 file an election with the United States Secret Service 

26 to be a covered employee and to transition to the 


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1 District of Columbia Police and Firefighters Retire2 ment and Disability System. 

3 (2) NOTIFICATION.—Not later than 30 days 

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

5 of Personnel Management and the United States Se6 cret Service shall notify employees of the United 

7 States Secret Service of the enactment of this Act 

8 and that individuals described under subsection (a) 

9 (1), (2), and (3) are qualified to file an election 

10 under paragraph (1). 

11 (c) RETIREMENT COVERAGE CONVERSION.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of enactment of this Act, and in con14 sultation with the Secretary of Homeland Security 

15 and the Thrift Savings Board, the Office of Per16 sonnel Management shall prescribe regulations to 

17 carry out the responsibilities of the Federal Govern18 ment under this Act. The regulations prescribed 

19 under this paragraph shall provide for transition of 

20 covered employees from the Federal Employees’ Re21 tirement System to the Civil Service Retirement Sys22 tem. 

23 (2) TREATMENT OF COVERED EMPLOYEES.— 

24 (A) ELECTION OF COVERAGE.— 


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1 (i) IN GENERAL.—After a covered em2 ployee files an election under subsection 

3 (b)(1), the covered employee shall, subject 

4 to clause (ii), be converted from the Fed5 eral Employees’ Retirement System to the 

6 Civil Service Retirement System. 

7 (ii) COVERAGE IN DISTRICT OF CO8 LUMBIA RETIREMENT SYSTEM.— 

9 (I) IN GENERAL.—Chapter 7 of 

10 title 5 of the District of Columbia 

11 Code shall apply with respect to a cov12 ered employee on the date on which 

13 the covered employee transitions to 

14 the Civil Service Retirement System. 

15 (II) AUTHORIZATION FOR DIS16 TRICT OF COLUMBIA.—The govern17 ment of the District of Columbia shall 

18 provide for the coverage of covered 

19 employees in the District of Columbia 

20 Police and Firefighters Retirement 

21 and Disability System in accordance 

22 with this Act. 

23 (III) UNITED STATES SECRET

24 SERVICE UNIFORMED DIVISION.—In 

25 the administration of this clause, a 


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1 covered employee who is a member of 

2 the United States Secret Service Uni3 formed Division shall be authorized to 

4 transfer all funds to his credit in the 

5 Civil Service Retirement and Dis6 ability Fund continued by sections 

7 8331(5) and 8348 of title 5, United 

8 States Code, to the general revenues 

9 of the District of Columbia and after 

10 the transfer of such funds the salary 

11 of such member shall be subject to the 

12 same deductions for credit to the gen13 eral revenues of the District of Co14 lumbia as the deductions from salaries 

15 of other members under subchapter I 

16 of chapter 7 of title 5 of the District 

17 of Columbia Code, and he shall be en18 titled to the same benefits as the 

19 other members to whom such sections 

20 apply. 

21 (B) THRIFT SAVINGS PLAN.—A covered 

22 employee shall forfeit, under procedures pre23 scribed by the Executive Director of the Fed24 eral Retirement Thrift Investment Board, all 

25 Thrift Savings Plan contributions and associVerDate Nov 24 2008 00:25 Oct 23, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.IS S1862

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1 ated earnings made by an employing agency 

2 pursuant to section 8432(c) of title 5, United 

3 States Code. Any amounts remaining in the 

4 Thrift Savings Plan account of the covered em5 ployee may be transferred to a private account 

6 or the District of Columbia Police and Fire7 fighter Retirement and Disability System. 

8 (C) FORFEITURE OF SOCIAL SECURITY

9 BENEFITS.— 

10 (i) CONTRIBUTIONS.—Upon conver11 sion into the Civil Service Retirement Sys12 tem, a covered employee shall forfeit all 

13 contributions made for purposes of title II 

14 of the Social Security Act on the basis of 

15 the covered employee’s employment with 

16 the United States Secret Service under 

17 sections 3101(a) and 3111(a) of the Inter18 nal Revenue Code of 1986. All forfeited 

19 funds shall remain in the Federal Old-Age 

20 and Survivors Insurance Trust Fund and 

21 the Federal Disability Insurance Trust 

22 Fund, as applicable. Notwithstanding 

23 paragraphs (4) and (5) of section 205(c) of 

24 the Social Security Act, the Commissioner 

25 of Social Security shall change or delete 


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1 any entry with respect to wages of a cov2 ered employee that are forfeited under this 

3 clause. 

4 (ii) BENEFITS.— 

5 (I) IN GENERAL.—No individual 

6 shall be entitled to any benefit under 

7 title II of the Social Security Act 

8 based on wages for which the con9 tributions were forfeited under clause 

10 (i). 

11 (II) NO EFFECT ON MEDICARE

12 BENEFITS.—Notwithstanding the for13 feiture by a covered employee under 

14 clause (i), such contributions shall 

15 continue to be treated as having been 

16 made while performing medicare 

17 qualified government employment (as 

18 defined in section 210(p) of the Social 

19 Security Act) for purposes of sections 

20 226 and 226A of that Act. 

21 (3) IMPLEMENTATION.—The Office of Per22 sonnel Management, the Department of Homeland 

23 Security, the Social Security Administration, and the 

24 Thrift Savings Board shall take such actions as nec25 essary to provide for the implementation of this Act. 


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1 (d) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided under 

3 paragraph (2), this Act shall take effect on the first 

4 day of the first applicable pay period that begins 

5 180 days after the date of enactment of this Act. 

6 (2) ELECTIONS AND IMPLEMENTATION.—Sub7 sections (b) and (c)(1) and (3) shall take effect on 

8 the date of enactment of this Act. 

Æ 


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