I 

113TH CONGRESS 

2D SESSION H. R. 5863 

To amend title 5, United States Code, to apply certain annuity benefits 

to Federal Protective Service law enforcement officers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2014 

Mr. CARSON of Indiana introduced the following bill; which was referred to 

the Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to apply certain 

annuity benefits to Federal Protective Service law enforcement officers, and for other purposes. 

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 ‘‘Federal Protective 

5 Service Parity Act of 2014’’. 

6 SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM AND FED7 ERAL EMPLOYEES RETIREMENT SYSTEM. 

8 (a) CIVIL SERVICE RETIREMENT SYSTEM.— 

9 (1) DEFINITION.—Section 8331 of title 5, 

10 United States Code is amended— 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 5863 IH

1 (A) in paragraph (31), by striking ‘‘and’’ 

2 at the end; 

3 (B) in paragraph (32), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(33) the term ‘Federal Protective Service law 

7 enforcement officer’ means an employee in the Fed8 eral Protective Service of the Department of Home9 land Security— 

10 ‘‘(A) who holds a position within the GS– 

11 0083, GS–0080, GS–1801, or GS–1811 job se12 ries (determined applying the criteria in effect 

13 as of September 1, 2007) or any successor posi14 tion; and 

15 ‘‘(B) who are authorized to carry firearms 

16 and empowered to make arrests in the perform17 ance of duties related to the protection of build18 ings, grounds and property that are owned, oc19 cupied, or secured by the Federal Government 

20 (including any agency, instrumentality or wholly 

21 owned or mixed-ownership corporation thereof) 

22 and the persons on the property, including any 

23 such employee who is transferred directly to a 

24 supervisory or administrative position in the 

25 Department of Homeland Security after perVerDate Sep 11 2014 04:14 Dec 20, 2014 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5863.IH H5863

SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 5863 IH

1 forming such duties in 1 or more positions (as 

2 described under subparagraph (A)) for at least 

3 3 years.’’. 

4 (2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS5 ITS.—Section 8334 of title 5, United States Code, is 

6 amended— 

7 (A) in subsection (a)(1)(A), by inserting 

8 ‘‘Federal Protective Service law enforcement of9 ficer,’’ before ‘‘or customs and border protec10 tion officer,’’; and 

11 (B) in the table contained in subsection 

12 (c), by adding at the end the following: 

‘‘Federal Protective 

Service Law Enforcement Officer 

7.5 On or after the effective 

date in section 2(e) of 

the Federal Protective Service Parity 

Act of 2014.’’. 

13 (3) MANDATORY SEPARATION.—The first sen14 tence of section 8335(b)(1) of title 5, United States 

15 Code, is amended by inserting ‘‘Federal Protective 

16 Service law enforcement officer,’’ before ‘‘or customs 

17 and border protection officer’’. 

18 (4) IMMEDIATE RETIREMENT.—Section 8336 of 

19 title 5, United States Code, is amended— 

20 (A) in subsection (c)(1), by inserting ‘‘Fed21 eral Protective Service law enforcement officer,’’ 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 5863 IH

1 before ‘‘or customs and border protection offi2 cer’’; and 

3 (B) in subsections (m) and (n), by insert4 ing ‘‘as a Federal Protective Service law en5 forcement officer,’’ before ‘‘or as a customs and 

6 border protection officer,’’. 

7 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 

8 (1) DEFINITION.—Section 8401 of title 5, 

9 United States Code, is amended— 

10 (A) in paragraph (37), by striking ‘‘and’’ 

11 at the end; 

12 (B) in paragraph (38), by striking the pe13 riod and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(39) ‘Federal Protective Service law enforce16 ment officer’ means an employee in the Federal Pro17 tective Service of the Department of Homeland Se18 curity— 

19 ‘‘(A) who holds a position within the GS– 

20 0083, GS–0080, GS–1801, or GS–1811 job se21 ries (determined applying the criteria in effect 

22 as of September 1, 2007) or any successor posi23 tion; and 

24 ‘‘(B) who are authorized to carry firearms 

25 and empowered to make arrests in the performVerDate Sep 11 2014 04:14 Dec 20, 2014 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5863.IH H5863

SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 5863 IH

1 ance of duties related to the protection of build2 ings, grounds and property that are owned, oc3 cupied, or secured by the Federal Government 

4 (including any agency, instrumentality or wholly 

5 owned or mixed-ownership corporation thereof) 

6 and the persons on the property, including any 

7 such employee who is transferred directly to a 

8 supervisory or administrative position in the 

9 Department of Homeland Security after per10 forming such duties in 1 or more positions (as 

11 described under subparagraph (A)) for at least 

12 3 years.’’. 

13 (2) IMMEDIATE RETIREMENT.—Paragraphs (1) 

14 and (2) of section 8412(d) of title 5, United States 

15 Code, are amended by inserting ‘‘Federal Protective 

16 Service law enforcement officer,’’ before ‘‘or customs 

17 and border protection officer,’’. 

18 (3) COMPUTATION OF BASIC ANNUITY.—Section 

19 8415(i)(2) of title 5, United States Code, is amend20 ed by inserting ‘‘Federal Protective Service law en21 forcement officer,’’ before ‘‘or customs and border 

22 protection officer’’. 

23 (4) DEDUCTIONS FROM PAY.—The table con24 tained in section 8422(a)(3) of title 5, United States 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 5863 IH

1 Code, is amended by adding at the end the fol2 lowing: 

‘‘Federal Protective 

Service Law Enforcement Officer 

7.5 On or after the effective 

date in section 2(e) of 

the Federal Protective Service Parity 

Act of 2014.’’. 

3 (5) GOVERNMENT CONTRIBUTIONS.—Section 

4 8423(a) of title 5, United States Code, is amend5 ed— 

6 (A) in paragraph (1)(B)(i) by inserting 

7 ‘‘Federal Protective Service law enforcement of8 ficer,’’ before ‘‘customs and border protection 

9 officers,’’; and 

10 (B) in paragraph (3)(A) by inserting 

11 ‘‘Federal Protective Service law enforcement of12 ficer,’’ before ‘‘customs and border protection 

13 officers,’’. 

14 (6) MANDATORY SEPARATION.—Section 

15 8425(b)(1) of title 5, United States Code, is amend16 ed by inserting ‘‘Federal Protective Service law en17 forcement officer,’’ before ‘‘or customs and border 

18 protection officer’’ the each place it appears. 

19 (c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.— 

20 Section 3307 of title 5, United States Code, is amended 

21 by adding at the end the following: 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 5863 IH

1 ‘‘(h) The Secretary of Homeland Security may deter2 mine and fix the maximum age limit for an original ap3 pointment to a position as a Federal Protective Service 

4 law enforcement officer, as defined in section 8401.’’. 

5 (d) REGULATIONS.—Any regulations necessary to 

6 carry out the amendments made by this section shall be 

7 issued by the Director of the Office of Personnel Manage8 ment in consultation with the Secretary of Homeland Se9 curity. 

10 (e) EFFECTIVE DATE; TRANSITION RULES; FUND11 ING.— 

12 (1) EFFECTIVE DATE.—The amendments made 

13 by this section shall become effective on the later of 

14 the first day of the first pay period of fiscal year 

15 2015 or the first day of the first pay period begin16 ning at least 6 months after the date of enactment 

17 of this Act. 

18 (2) TRANSITION RULES.— 

19 (A) NONAPPLICABILITY OF MANDATORY

20 SEPARATION PROVISIONS TO CERTAIN INDIVID21 UALS.—The amendments made by subsections 

22 (a)(3) and (b)(6), respectively, shall not apply 

23 to an individual first appointed as a Federal 

24 Protective Service law enforcement officer be25 fore the effective date under paragraph (1). 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 5863 IH

1 (B) TREATMENT OF PRIOR FEDERAL PRO2 TECTIVE SERVICE LAW ENFORCEMENT OFFICER

3 SERVICE.— 

4 (i) GENERAL RULE.—Except as pro5 vided in clause (ii), nothing in this section 

6 shall be considered to apply with respect to 

7 any service performed as a Federal Protec8 tive Service law enforcement officer before 

9 the effective date under paragraph (1). 

10 (ii) EXCEPTION.—Service described in 

11 section 8331(33) and 8401(39) of title 5, 

12 United States Code (as amended by this 

13 section) rendered before the effective date 

14 under paragraph (1) may be taken into ac15 count to determine if an individual who is 

16 serving on or after such effective date then 

17 qualifies as a Federal Protective Service 

18 law enforcement officer by virtue of hold19 ing a supervisory or administrative position 

20 in the Department of Homeland Security. 

21 (C) MINIMUM ANNUITY AMOUNT.—The an22 nuity of an individual serving as a Federal Pro23 tective Service law enforcement officer on the 

24 effective date under paragraph (1) pursuant to 

25 an appointment made before that date shall, to 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•HR 5863 IH

1 the extent that its computation is based on 

2 service rendered as a Federal Protective Service 

3 law enforcement officer on or after that date, be 

4 at least equal to the amount that would be pay5 able to the extent that such service is subject 

6 to the Civil Service Retirement System or Fed7 eral Employees Retirement System, as appro8 priate, by applying section 8339(d) of title 5, 

9 United States Code, with respect to such serv10 ice. 

11 (D) RULE OF CONSTRUCTION.—Nothing in 

12 the amendment made by subsection (c) shall be 

13 considered to apply with respect to any appoint14 ment made before the effective date under para15 graph (1). 

16 (3) FEES AND AUTHORIZATIONS OF APPROPRIA17 TIONS.— 

18 (A) FEES.—The Director of the Office of 

19 Management and Budget shall adjust fees col20 lected as necessary to ensure collections are suf21 ficient to carry out amendments made in this 

22 section. 

23 (B) AUTHORIZATION OF APPROPRIA24 TIONS.—There are authorized to be approVerDate Sep 11 2014 04:14 Dec 20, 2014 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5863.IH H5863

SSpencer on DSK4SPTVN1PROD with BILLS
10 

•HR 5863 IH

1 priated such sums as are necessary to carry out 

2 this section. 

3 (4) ELECTION.— 

4 (A) INCUMBENT DEFINED.—For purposes 

5 of this paragraph, the term ‘‘incumbent’’ means 

6 an individual who is serving as a Federal Pro7 tective Service law enforcement officer on the 

8 date of the enactment of this Act. 

9 (B) NOTICE REQUIREMENT.—Not later 

10 than 30 days after the date of enactment of 

11 this Act, the Director of the Office of Personnel 

12 Management shall take measures reasonably de13 signed to ensure that incumbents are notified 

14 as to their election rights under this paragraph, 

15 and the effect of making or not making a time16 ly election. 

17 (C) ELECTION AVAILABLE TO INCUM18 BENTS.— 

19 (i) IN GENERAL.—An incumbent may 

20 elect, for all purposes, either— 

21 (I) to be treated in accordance 

22 with the amendments made by sub23 section (a) or (b), as applicable; or 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•HR 5863 IH

1 (II) to be treated as if sub2 sections (a) and (b) had never been 

3 enacted. 

4 (ii) FAILURE TO MAKE A TIMELY

5 ELECTION.—Failure to make a timely elec6 tion under clause (i) shall be treated in the 

7 same way as an election made under clause 

8 (i)(I) on the last day allowable under 

9 clause (iii). 

10 (iii) DEADLINE.—An election under 

11 this subparagraph shall not be effective 

12 unless it is made at least 14 days before 

13 the effective date under paragraph (1). 

14 (5) DEFINITION.—For the purposes of this sub15 section, the term ‘‘Federal Protective Service law en16 forcement officer’’ has the meaning given such term 

17 by section 8331(33) or 8401(39) of title 5, United 

18 States Code (as amended by this Act). 

19 (6) EXCLUSION.—Nothing in this section or 

20 any amendment made by this section shall be consid21 ered to afford any election or to otherwise apply with 

22 respect to any individual who, as of the day before 

23 the date of the enactment of this Act— 

24 (A) holds a position within the Federal 

25 Protective Service; and 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•HR 5863 IH

1 (B) is considered a law enforcement officer 

2 for purposes of subchapter III of chapter 83 or 

3 chapter 84 of title 5, United States Code, by 

4 virtue of such position. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS