II

106TH CONGRESS

1ST SESSION S. 718

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

MARCH 25, 1999

Ms. MIKULSKI (for herself and Mr. INOUYE) 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Law Enforcement Offi3 cers Retirement Equity Act’’.

4 SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.

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

6 States Code, is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (26);

9 (2) by striking the period at the end of para10 graph (27) and inserting a semicolon; and

11 (3) by adding at the end the following:

12 ‘‘(28) ‘revenue officer’ means an employee of

13 the Internal Revenue Service, the duties of whose

14 position are primarily the collection of delinquent

15 taxes and the securing of delinquent returns, includ16 ing an employee engaged in this activity who is

17 transferred to a supervisory or administrative posi18 tion;

19 ‘‘(29) ‘customs inspector’ means an employee of

20 the United States Customs Service, the duties of

21 whose position are primarily to—

22 ‘‘(A) enforce laws and regulations gov23 erning the importing and exporting of merchan24 dise;

25 ‘‘(B) process and control passengers and

26 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;

8 ‘‘(30) ‘customs canine enforcement officer’

9 means an employee of the United States Customs

10 Service, the duties of whose position are primarily to

11 work directly with a dog in an effort to—

12 ‘‘(A) enforce laws and regulations gov13 erning the importing and exporting of merchan14 dise;

15 ‘‘(B) process and control passengers and

16 baggage;

17 ‘‘(C) interdict smuggled merchandise and

18 contraband; and

19 ‘‘(D) apprehend (if warranted) persons in20 volved in violations of customs laws,

21 including an employee engaged in this activity who

22 is transferred to a supervisory or administrative po23 sition; and

24 ‘‘(31) ‘Immigration and Naturalization inspec25 tor’ means an employee of the Immigration and Nat-
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1 uralization Service, the duties of whose position are

2 primarily the controlling and guarding of the bound3 aries and borders of the United States against the

4 illegal entry of aliens, including an employee en5 gaged in this activity who is transferred to a super6 visory or administrative position.’’.

7 (b) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS8 ITS.—Section 8334 of title 5, United States Code, is

9 amended—

10 (1) in subsection (a)(1), by striking ‘‘a law en11 forcement officer,’’ and inserting ‘‘a law enforcement

12 officer, a revenue officer, a customs inspector, a cus13 toms canine enforcement officer, an Immigration

14 and Naturalization inspector,’’; and

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

16 ‘‘and firefighter for firefighter service.’’ and insert17 ing ‘‘, firefighter for firefighter service, revenue offi18 cer for revenue officer service, customs inspector for

19 customs inspector service, customs canine enforce20 ment officer for customs canine enforcement officer

21 service, and Immigration and Naturalization inspec22 tor for Immigration and Naturalization inspector

23 service’’.
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1 (c) MANDATORY SEPARATION.—Section 8335(b) of

2 title 5, United States Code, is amended in the second

3 sentence—

4 (1) by striking ‘‘law enforcement officer or nu5 clear materials courier’’ and inserting ‘‘law enforce6 ment officer, a revenue officer, a customs inspector,

7 a customs canine enforcement officer, an Immigra8 tion and Naturalization inspector, or nuclear mate9 rials courier’’; and

10 (2) by inserting ‘‘, inspector,’’ after ‘‘that offi11 cer’’.

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

13 of such title is amended by striking ‘‘law enforcement offi14 cer,’’ and inserting ‘‘law enforcement officer, a revenue of15 ficer, a customs inspector, a customs canine enforcement

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

17 SEC. 3. FEDERAL EMPLOYEES RETIREMENT SYSTEM.

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

19 States Code, is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (32);

22 (2) by striking the period at the end of para23 graph (33) and inserting a semicolon; and

24 (3) by adding at the end the following:
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1 ‘‘(34) ‘revenue officer’ means an employee of

2 the Internal Revenue Service, the duties of whose

3 position are primarily the collection of delinquent

4 taxes and the securing of delinquent returns, includ5 ing an employee engaged in this activity who is

6 transferred to a supervisory or administrative posi7 tion;

8 ‘‘(35) ‘customs inspector’ means an employee of

9 the United States Customs Service, the duties of

10 whose position are primarily to—

11 ‘‘(A) enforce laws and regulations gov12 erning the importing and exporting of merchan13 dise;

14 ‘‘(B) process and control passengers and

15 baggage;

16 ‘‘(C) interdict smuggled merchandise and

17 contraband; and

18 ‘‘(D) apprehend (if warranted) persons in19 volved in violations of customs laws,

20 including an employee engaged in this activity who

21 is transferred to a supervisory or administrative po22 sition;

23 ‘‘(36) ‘customs canine enforcement officer’

24 means an employee of the United States Customs
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1 Service, the duties of whose position are primarily to

2 work directly with a dog in an effort to—

3 ‘‘(A) enforce laws and regulations gov4 erning the importing and exporting of merchan5 dise;

6 ‘‘(B) process and control passengers and

7 baggage;

8 ‘‘(C) interdict smuggled merchandise and

9 contraband; and

10 ‘‘(D) apprehend (if warranted) persons in11 volved in violations of customs laws,

12 including an employee engaged in this activity who

13 is transferred to a supervisory or administrative po14 sition; and

15 ‘‘(37) ‘Immigration and Naturalization inspec16 tor’ means an employee of the Immigration and Nat17 uralization Service, the duties of whose position are

18 primarily the controlling and guarding of the bound19 aries and borders of the United States against the

20 illegal entry of aliens, including an employee en21 gaged in this activity who is transferred to a super22 visory or administrative position.’’.

23 (b) IMMEDIATE RETIREMENT.—Section 8412(d) of

24 title 5, United States Code, is amended—
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1 (1) in paragraph (1) by striking ‘‘firefighter,’’

2 and inserting ‘‘firefighter, revenue officer, customs

3 inspector, customs canine enforcement officer, Immi4 gration and Naturalization inspector,’’; and

5 (2) in paragraph (2) by striking ‘‘firefighter,’’

6 and inserting ‘‘firefighter, revenue officer, customs

7 inspector, customs canine enforcement officer, Immi8 gration and Naturalization inspector,’’.

9 (c) COMPUTATION OF BASIC ANNUITY.—Section

10 8415(g)(2) of title 5, United States Code, is amended in

11 the matter following subparagraph (B) by inserting ‘‘rev12 enue officer, customs inspector, customs canine enforce13 ment officer, Immigration and Naturalization inspector,’’

14 after ‘‘firefighter,’’.

15 (d) DEDUCTIONS.—Section 8422(a)(3) of title 5,

16 United States Code, is amended by inserting ‘‘revenue of17 ficer, customs inspector, customs canine enforcement offi18 cer, Immigration and Naturalization inspector,’’ before

19 ‘‘or air traffic controller,’’.

20 (e) GOVERNMENT CONTRIBUTIONS.—Section

21 8423(a) of title 5, United States Code, is amended—

22 (1) in paragraph (1)(B)(i) by inserting ‘‘rev23 enue officers, customs inspectors, customs canine en24 forcement officers, Immigration and Naturalization

25 inspectors,’’ after ‘‘law enforcement officers,’’; and
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1 (2) in paragraph (3)(A) by inserting ‘‘revenue

2 officers, customs inspectors, customs canine enforce3 ment officers, Immigration and Naturalization in4 spectors,’’ after ‘‘law enforcement officers,’’.

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

6 title 5, United States Code, is amended in the second

7 sentence—

8 (1) by inserting ‘‘, revenue officer, customs in9 spector, customs canine enforcement officer, Immi10 gration and Naturalization inspector,’’ after ‘‘A law

11 enforcement officer’’; and

12 (2) by striking ‘‘that law enforcement officer’’

13 and inserting ‘‘that officer, inspector,’’.

14 SEC. 4. ADMINISTRATIVE PROVISIONS.

15 (a) EMPLOYEE CONTRIBUTIONS.—Any individual

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

17 customs canine enforcement officer, or Immigration and

18 Naturalization inspector before the effective date of this

19 Act, shall have such service credited and annuities deter20 mined in accordance with the amendments made by sec21 tions 1 and 2 of this Act, if such individual makes pay22 ment into the Civil Service Retirement and Disability

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

24 Management, which would have been deducted and with25 held from the basic pay of such individual (including inter-
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1 est thereon) under chapters 83 and 84 of title 5, United

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

3 during the periods of such service.

4 (b) AGENCY CONTRIBUTIONS.—No later than 90

5 days after a payment made by an individual under sub6 section (a), the Department of the Treasury or the De7 partment of Justice (as the case may be) shall make a

8 payment into the Civil Service Retirement and Disability

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

10 Management, which would have been contributed as a

11 Government contribution (including interest thereon)

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

13 for the service credited and annuities determined for such

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

15 2 of this Act had been in effect during the applicable peri16 ods of service.

17 (c) REGULATIONS.—The Office of Personnel Man18 agement shall determine the amount of interest to be paid

19 under this section and may promulgate regulations to

20 carry out the provisions of this Act.

21 SEC. 5. EFFECTIVE DATE.

22 The provisions of this Act and amendments made by

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

24 after the date of enactment of this Act.

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