I 

111TH CONGRESS 

1ST SESSION H. R. 3833 

To amend chapters 81, 83, and 84 of title 5, United States Code, to provide 

for enhanced benefits for survivors of Federal public safety officers 

killed in the line of duty. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 15, 2009 

Mr. HALL of New York introduced the following bill; which was referred to 

the Committee on Oversight and Government Reform 

A BILL 

To amend chapters 81, 83, and 84 of title 5, United States 

Code, to provide for enhanced benefits for survivors of 

Federal public safety officers killed in the line of duty. 

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

3 SECTION 1. COMPENSATION FOR WORK INJURIES. 

4 Section 8133 of title 5, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(g)(1) This subsection applies in the case of any em7 ployee who has died as the direct and proximate result 

8 of a personal injury sustained in the line of duty as a pub9 lic safety officer (within the meaning of section 1204 of 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 3833 IH

1 the Omnibus Crime Control and Safe Streets Act of 

2 1968), as determined under section 1201 of such Act. 

3 ‘‘(2) In the computation of any monthly compensa4 tion under this section based on the death of an employee 

5 described in paragraph (1), the monthly pay used in any 

6 such computation (before the application of subsection (e)) 

7 shall be determined based on the pay grade or level which 

8 is 1 grade or level higher than the grade or level that, 

9 but for this subsection, would otherwise apply. 

10 ‘‘(3) Nothing in this subsection shall be considered 

11 to affect any computation to the extent that the otherwise 

12 applicable pay grade or level was the highest grade or level 

13 in effect, at the time of the service for which the pay was 

14 payable, under the pay schedule or system involved.’’. 

15 SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM. 

16 Section 8341 of title 5, United States Code, is 

17 amended by inserting after subsection (i) the following: 

18 ‘‘(j)(1) This subsection applies in the case of any em19 ployee who has died as the direct and proximate result 

20 of a personal injury sustained in the line of duty as a pub21 lic safety officer (within the meaning of section 1204 of 

22 the Omnibus Crime Control and Safe Streets Act of 

23 1968), as determined under section 1201 of such Act. 

24 ‘‘(2) In the computation of any survivor annuity 

25 under this section based on the death of an employee deVerDate Nov 24 2008 00:44 Oct 17, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3833.IH H3833

jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 3833 IH

1 scribed in paragraph (1), the average pay used in any such 

2 computation (to compute such survivor annuity as a per3 centage of an annuity imputed to the employee or a por4 tion thereof) shall, for each rate of basic pay used in the 

5 computation of such average pay, be determined using the 

6 pay grade or level which is 1 grade or level higher than 

7 the grade or level that, but for this subsection, would oth8 erwise apply. 

9 ‘‘(3) Nothing in this subsection shall be considered 

10 to affect any computation to the extent that the otherwise 

11 applicable pay grade or level was the highest grade or level 

12 in effect, at the time of the service for which the pay was 

13 payable, under the pay schedule or system involved.’’. 

14 SEC. 3. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM. 

15 (a) IN GENERAL.—Subchapter IV of chapter 84 of 

16 title 5, United States Code, is amended by adding at the 

17 end the following: 

18 ‘‘§ 8446. Computations based on the death of a public 

19 safety officer who dies as a result of inju20 ries sustained in the line of duty 

21 ‘‘(a) This subsection applies in the case of any em22 ployee who has died as the direct and proximate result 

23 of a personal injury sustained in the line of duty as a pub24 lic safety officer (within the meaning of section 1204 of 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 3833 IH

1 the Omnibus Crime Control and Safe Streets Act of 

2 1968), as determined under section 1201 of such Act. 

3 ‘‘(b) In the computation of any survivor annuity 

4 under this subchapter based on the death of an employee 

5 described in subsection (a), the average pay used in any 

6 such computation (to compute such survivor annuity as 

7 a percentage of an annuity imputed to the employee or 

8 a portion thereof) shall, for each rate of basic pay used 

9 in the computation of such average pay, be determined 

10 using the pay grade or level which is 1 grade or level high11 er than the grade or level that, but for this section, would 

12 otherwise apply. 

13 ‘‘(c) Nothing in this section shall be considered to af14 fect any computation to the extent that the otherwise ap15 plicable pay grade or level was the highest grade or level 

16 in effect, at the time of the service for which the pay was 

17 payable, under the pay schedule or system involved.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 for chapter 84 of title 5, United States Code, is amended 

20 by inserting after the item relating to section 8445 the 

21 following: 

‘‘8446. Computations based on the death of a public safety officer who dies as 

a result of injuries sustained in the line of duty.’’. 

22 SEC. 4. EFFECTIVE DATE; EXCEPTION. 

23 (a) EFFECTIVE DATE.—Except as provided in sub24 section (b), the amendments made by this Act shall apply 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 3833 IH

1 with respect to deaths occurring on or after the date of 

2 the enactment of this Act. 

3 (b) EXCEPTION.— 

4 (1) IN GENERAL.—Any individual who, as of 

5 the date of the enactment of this Act, is entitled (or 

6 would, on application, be entitled) to monthly com7 pensation under chapter 81 of title 5, United States 

8 Code, or an annuity under chapter 83 or 84 of such 

9 title 5, as the survivor of a Federal public safety of10 ficer who died on or after January 1, 1974, shall, 

11 upon application submitted within 12 months after 

12 the date of the enactment of this Act, be entitled to 

13 have such compensation or annuity recomputed as if 

14 the amendments made by this Act had been in effect 

15 at the time of such employee’s death. 

16 (2) COMMENCEMENT DATE.—Any recomputa17 tion of compensation or annuity under this sub18 section shall be effective as of the commencement 

19 date of such compensation or annuity. 

20 (3) LUMP-SUM PAYMENTS.—Any amount be21 coming payable to an individual under this sub22 section with respect to any portion of the period be23 ginning on January 1, 1974, and ending on the date 

24 as of which regular monthly compensation or sur25 vivor annuity payments for such individual are adVerDate Nov 24 2008 00:44 Oct 17, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3833.IH H3833

jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 3833 IH

1 justed to reflect the recomputation required under 

2 paragraph (1) shall be payable in a lump-sum pay3 ment, subject to paragraph (4). 

4 (4) FUNDING.— 

5 (A) IN GENERAL.—There are authorized to 

6 be appropriated, out of general funds in the 

7 Treasury, such sums as may be necessary to 

8 make the lump-sum payments described in 

9 paragraph (3). 

10 (B) LIMITATION.—To the extent that the 

11 total amount appropriated under subparagraph 

12 (A) is less than the total amounts which (but 

13 for this subparagraph) would otherwise be pay14 able under this subsection, each amount under 

15 paragraph (1) shall be reduced by a propor16 tionate share of the shortfall, determined sepa17 rately for— 

18 (i) benefits under chapter 81 of title 

19 5, United States Code; and 

20 (ii) benefits under chapters 83 and 84 

21 of such title, respectively. 

22 (5) DEFINITION.—For purposes of this sub23 section, the term ‘‘Federal public safety officer’’ re24 fers to an employee described in section 8133(g)(1), 


jbell on DSKDVH8Z91PROD with BILLS
7 

•HR 3833 IH

1 8341(j)(1), or 8446(a) of title 5, United States 

2 Code, as amended by this Act. 

3 (c) REGULATIONS.—Any regulations necessary to 

4 carry out this Act or the amendments made by this Act 

5 may— 

6 (1) with respect to benefits under chapter 81 of 

7 title 5, United States Code, be prescribed by the 

8 Secretary of Labor; and 

9 (2) with respect to benefits under chapter 83 or 

10 84 of such title, be prescribed by the Director of the 

11 Office of Personnel Management. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS