II 

Calendar No. 484 

111TH CONGRESS 

2D SESSION S. 1862 

[Report No. 111–231] 

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 (for himself and Mr. AKAKA) introduced the following bill; 

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

JULY 26, 2010 

Reported by Mr. LIEBERMAN, without amendment 

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, 


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•S 1862 RS

1 SECTION 1. SHORT TITLE. 

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

3 Service Retirement Act of 2009’’. 

4 SEC. 2. RETIREMENT TREATMENT OF CERTAIN SECRET 

5 SERVICE EMPLOYEES. 

6 (a) DEFINITION.—In this Act, the term ‘‘covered em7 ployee’’ means an individual who— 

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

9 Secret Service Division or the United States Secret 

10 Service Uniformed Division during the period begin11 ning on January 1, 1984 through December 31, 

12 1986; 

13 (2) has actively performed duties other than 

14 clerical for 10 or more years directly related to the 

15 protection mission of the United States Secret Serv16 ice described under section 3056 of title 18, United 

17 States Code; 

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

19 Secret Service Division or the United States Secret 

20 Service Uniformed Division (or any successor entity) 

21 on the effective date of this Act; and 

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

23 under subsection (b)(1). 

24 (b) ELECTION OF COVERAGE.— 

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

26 the date of enactment of this Act, an individual deVerDate Mar 15 2010 23:19 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.RS S1862

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•S 1862 RS

1 scribed under subsection (a) (1), (2), and (3) may 

2 file an election with the United States Secret Service 

3 to be a covered employee and to transition to the 

4 District of Columbia Police and Firefighters Retire5 ment and Disability System. 

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

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

8 of Personnel Management and the United States Se9 cret Service shall notify employees of the United 

10 States Secret Service of the enactment of this Act 

11 and that individuals described under subsection (a) 

12 (1), (2), and (3) are qualified to file an election 

13 under paragraph (1). 

14 (c) RETIREMENT COVERAGE CONVERSION.— 

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

16 after the date of enactment of this Act, and in con17 sultation with the Secretary of Homeland Security 

18 and the Thrift Savings Board, the Office of Per19 sonnel Management shall prescribe regulations to 

20 carry out the responsibilities of the Federal Govern21 ment under this Act. The regulations prescribed 

22 under this paragraph shall provide for transition of 

23 covered employees from the Federal Employees’ Re24 tirement System to the Civil Service Retirement Sys25 tem. 


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•S 1862 RS

1 (2) TREATMENT OF COVERED EMPLOYEES.— 

2 (A) ELECTION OF COVERAGE.— 

3 (i) IN GENERAL.—After a covered em4 ployee files an election under subsection 

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

6 to clause (ii), be converted from the Fed7 eral Employees’ Retirement System to the 

8 Civil Service Retirement System. 

9 (ii) COVERAGE IN DISTRICT OF CO10 LUMBIA RETIREMENT SYSTEM.— 

11 (I) IN GENERAL.—Chapter 7 of 

12 title 5 of the District of Columbia 

13 Code shall apply with respect to a cov14 ered employee on the date on which 

15 the covered employee transitions to 

16 the Civil Service Retirement System. 

17 (II) AUTHORIZATION FOR DIS18 TRICT OF COLUMBIA.—The govern19 ment of the District of Columbia shall 

20 provide for the coverage of covered 

21 employees in the District of Columbia 

22 Police and Firefighters Retirement 

23 and Disability System in accordance 

24 with this Act. 


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1 (III) UNITED STATES SECRET

2 SERVICE UNIFORMED DIVISION.—In 

3 the administration of this clause, a 

4 covered employee who is a member of 

5 the United States Secret Service Uni6 formed Division shall be authorized to 

7 transfer all funds to his credit in the 

8 Civil Service Retirement and Dis9 ability Fund continued by sections 

10 8331(5) and 8348 of title 5, United 

11 States Code, to the general revenues 

12 of the District of Columbia and after 

13 the transfer of such funds the salary 

14 of such member shall be subject to the 

15 same deductions for credit to the gen16 eral revenues of the District of Co17 lumbia as the deductions from salaries 

18 of other members under subchapter I 

19 of chapter 7 of title 5 of the District 

20 of Columbia Code, and he shall be en21 titled to the same benefits as the 

22 other members to whom such sections 

23 apply. 

24 (B) THRIFT SAVINGS PLAN.—A covered 

25 employee shall forfeit, under procedures preVerDate Mar 15 2010 23:19 Jul 26, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.RS S1862

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1 scribed by the Executive Director of the Fed2 eral Retirement Thrift Investment Board, all 

3 Thrift Savings Plan contributions and associ4 ated earnings made by an employing agency 

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

6 States Code. Any amounts remaining in the 

7 Thrift Savings Plan account of the covered em8 ployee may be transferred to a private account 

9 or the District of Columbia Police and Fire10 fighter Retirement and Disability System. 

11 (C) FORFEITURE OF SOCIAL SECURITY

12 BENEFITS.— 

13 (i) CONTRIBUTIONS.—Upon conver14 sion into the Civil Service Retirement Sys15 tem, a covered employee shall forfeit all 

16 contributions made for purposes of title II 

17 of the Social Security Act on the basis of 

18 the covered employee’s employment with 

19 the United States Secret Service under 

20 sections 3101(a) and 3111(a) of the Inter21 nal Revenue Code of 1986. All forfeited 

22 funds shall remain in the Federal Old-Age 

23 and Survivors Insurance Trust Fund and 

24 the Federal Disability Insurance Trust 

25 Fund, as applicable. Notwithstanding 


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

2 the Social Security Act, the Commissioner 

3 of Social Security shall change or delete 

4 any entry with respect to wages of a cov5 ered employee that are forfeited under this 

6 clause. 

7 (ii) BENEFITS.— 

8 (I) IN GENERAL.—No individual 

9 shall be entitled to any benefit under 

10 title II of the Social Security Act 

11 based on wages for which the con12 tributions were forfeited under clause 

13 (i). 

14 (II) NO EFFECT ON MEDICARE

15 BENEFITS.—Notwithstanding the for16 feiture by a covered employee under 

17 clause (i), such contributions shall 

18 continue to be treated as having been 

19 made while performing medicare 

20 qualified government employment (as 

21 defined in section 210(p) of the Social 

22 Security Act) for purposes of sections 

23 226 and 226A of that Act. 

24 (3) IMPLEMENTATION.—The Office of Per25 sonnel Management, the Department of Homeland 


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1 Security, the Social Security Administration, and the 

2 Thrift Savings Board shall take such actions as nec3 essary to provide for the implementation of this Act. 

4 (d) EFFECTIVE DATE.— 

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

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

7 day of the first applicable pay period that begins 

8 180 days after the date of enactment of this Act. 

9 (2) ELECTIONS AND IMPLEMENTATION.—Sub10 sections (b) and (c)(1) and (3) shall take effect on 

11 the date of enactment of this Act. 


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Calendar No. 484 

111TH CONGRESS 

2D SESSION S. 1862 

[Report No. 111–231] 

A BILL 

To provide that certain Secret Service employees 

tirement and Disability System. District of Columbia Police and Fire Fighter Remay elect to transition to coverage under the 

JULY 26, 2010 

Reported without amendment 


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