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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5863 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Protective Service Parity 
Act of 2014''.

SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES 
              RETIREMENT SYSTEM.

    (a) Civil Service Retirement System.--
            (1) Definition.--Section 8331 of title 5, United States 
        Code is amended--
                    (A) in paragraph (31), by striking ``and'' at the 
                end;
                    (B) in paragraph (32), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(33) the term `Federal Protective Service law enforcement 
        officer' means an employee in the Federal Protective Service of 
        the Department of Homeland Security--
                    ``(A) who holds a position within the GS-0083, GS-
                0080, GS-1801, or GS-1811 job series (determined 
                applying the criteria in effect as of September 1, 
                2007) or any successor position; and
                    ``(B) who are authorized to carry firearms and 
                empowered to make arrests in the performance of duties 
                related to the protection of buildings, grounds and 
                property that are owned, occupied, or secured by the 
                Federal Government (including any agency, 
                instrumentality or wholly owned or mixed-ownership 
                corporation thereof) and the persons on the property, 
                including any such employee who is transferred directly 
                to a supervisory or administrative position in the 
                Department of Homeland Security after performing such 
                duties in 1 or more positions (as described under 
                subparagraph (A)) for at least 3 years.''.
            (2) Deductions, contributions, and deposits.--Section 8334 
        of title 5, United States Code, is amended--
                    (A) in subsection (a)(1)(A), by inserting ``Federal 
                Protective Service law enforcement officer,'' before 
                ``or customs and border protection officer,''; and
                    (B) in the table contained in subsection (c), by 
                adding at the end the following:

 
 
----------------------------------------------------------------------------------------------------------------
``Federal Protective Service Law        7.5                            On or after the effective date in section
 Enforcement Officer                                                    2(e) of the Federal Protective Service
                                                                        Parity Act of 2014.''.
----------------------------------------------------------------------------------------------------------------

            (3) Mandatory separation.--The first sentence of section 
        8335(b)(1) of title 5, United States Code, is amended by 
        inserting ``Federal Protective Service law enforcement 
        officer,'' before ``or customs and border protection officer''.
            (4) Immediate retirement.--Section 8336 of title 5, United 
        States Code, is amended--
                    (A) in subsection (c)(1), by inserting ``Federal 
                Protective Service law enforcement officer,'' before 
                ``or customs and border protection officer''; and
                    (B) in subsections (m) and (n), by inserting ``as a 
                Federal Protective Service law enforcement officer,'' 
                before ``or as a customs and border protection 
                officer,''.
    (b) Federal Employees Retirement System.--
            (1) Definition.--Section 8401 of title 5, United States 
        Code, is amended--
                    (A) in paragraph (37), by striking ``and'' at the 
                end;
                    (B) in paragraph (38), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(39) `Federal Protective Service law enforcement officer' 
        means an employee in the Federal Protective Service of the 
        Department of Homeland Security--
                    ``(A) who holds a position within the GS-0083, GS-
                0080, GS-1801, or GS-1811 job series (determined 
                applying the criteria in effect as of September 1, 
                2007) or any successor position; and
                    ``(B) who are authorized to carry firearms and 
                empowered to make arrests in the performance of duties 
                related to the protection of buildings, grounds and 
                property that are owned, occupied, or secured by the 
                Federal Government (including any agency, 
                instrumentality or wholly owned or mixed-ownership 
                corporation thereof) and the persons on the property, 
                including any such employee who is transferred directly 
                to a supervisory or administrative position in the 
                Department of Homeland Security after performing such 
                duties in 1 or more positions (as described under 
                subparagraph (A)) for at least 3 years.''.
            (2) Immediate retirement.--Paragraphs (1) and (2) of 
        section 8412(d) of title 5, United States Code, are amended by 
        inserting ``Federal Protective Service law enforcement 
        officer,'' before ``or customs and border protection 
        officer,''.
            (3) Computation of basic annuity.--Section 8415(i)(2) of 
        title 5, United States Code, is amended by inserting ``Federal 
        Protective Service law enforcement officer,'' before ``or 
        customs and border protection officer''.
            (4) Deductions from pay.--The table contained in section 
        8422(a)(3) of title 5, United States Code, is amended by adding 
        at the end the following:

 
 
----------------------------------------------------------------------------------------------------------------
``Federal Protective Service Law        7.5                            On or after the effective date in section
 Enforcement Officer                                                    2(e) of the Federal Protective Service
                                                                        Parity Act of 2014.''.
----------------------------------------------------------------------------------------------------------------

            (5) Government contributions.--Section 8423(a) of title 5, 
        United States Code, is amended--
                    (A) in paragraph (1)(B)(i) by inserting ``Federal 
                Protective Service law enforcement officer,'' before 
                ``customs and border protection officers,''; and
                    (B) in paragraph (3)(A) by inserting ``Federal 
                Protective Service law enforcement officer,'' before 
                ``customs and border protection officers,''.
            (6) Mandatory separation.--Section 8425(b)(1) of title 5, 
        United States Code, is amended by inserting ``Federal 
        Protective Service law enforcement officer,'' before ``or 
        customs and border protection officer'' the each place it 
        appears.
    (c) Maximum Age for Original Appointment.--Section 3307 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(h) The Secretary of Homeland Security may determine and fix the 
maximum age limit for an original appointment to a position as a 
Federal Protective Service law enforcement officer, as defined in 
section 8401.''.
    (d) Regulations.--Any regulations necessary to carry out the 
amendments made by this section shall be issued by the Director of the 
Office of Personnel Management in consultation with the Secretary of 
Homeland Security.
    (e) Effective Date; Transition Rules; Funding.--
            (1) Effective date.--The amendments made by this section 
        shall become effective on the later of the first day of the 
        first pay period of fiscal year 2015 or the first day of the 
        first pay period beginning at least 6 months after the date of 
        enactment of this Act.
            (2) Transition rules.--
                    (A) Nonapplicability of mandatory separation 
                provisions to certain individuals.--The amendments made 
                by subsections (a)(3) and (b)(6), respectively, shall 
                not apply to an individual first appointed as a Federal 
                Protective Service law enforcement officer before the 
                effective date under paragraph (1).
                    (B) Treatment of prior federal protective service 
                law enforcement officer service.--
                            (i) General rule.--Except as provided in 
                        clause (ii), nothing in this section shall be 
                        considered to apply with respect to any service 
                        performed as a Federal Protective Service law 
                        enforcement officer before the effective date 
                        under paragraph (1).
                            (ii) Exception.--Service described in 
                        section 8331(33) and 8401(39) of title 5, 
                        United States Code (as amended by this section) 
                        rendered before the effective date under 
                        paragraph (1) may be taken into account to 
                        determine if an individual who is serving on or 
                        after such effective date then qualifies as a 
                        Federal Protective Service law enforcement 
                        officer by virtue of holding a supervisory or 
                        administrative position in the Department of 
                        Homeland Security.
                    (C) Minimum annuity amount.--The annuity of an 
                individual serving as a Federal Protective Service law 
                enforcement officer on the effective date under 
                paragraph (1) pursuant to an appointment made before 
                that date shall, to the extent that its computation is 
                based on service rendered as a Federal Protective 
                Service law enforcement officer on or after that date, 
                be at least equal to the amount that would be payable 
                to the extent that such service is subject to the Civil 
                Service Retirement System or Federal Employees 
                Retirement System, as appropriate, by applying section 
                8339(d) of title 5, United States Code, with respect to 
                such service.
                    (D) Rule of construction.--Nothing in the amendment 
                made by subsection (c) shall be considered to apply 
                with respect to any appointment made before the 
                effective date under paragraph (1).
            (3) Fees and authorizations of appropriations.--
                    (A) Fees.--The Director of the Office of Management 
                and Budget shall adjust fees collected as necessary to 
                ensure collections are sufficient to carry out 
                amendments made in this section.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this section.
            (4) Election.--
                    (A) Incumbent defined.--For purposes of this 
                paragraph, the term ``incumbent'' means an individual 
                who is serving as a Federal Protective Service law 
                enforcement officer on the date of the enactment of 
                this Act.
                    (B) Notice requirement.--Not later than 30 days 
                after the date of enactment of this Act, the Director 
                of the Office of Personnel Management shall take 
                measures reasonably designed to ensure that incumbents 
                are notified as to their election rights under this 
                paragraph, and the effect of making or not making a 
                timely election.
                    (C) Election available to incumbents.--
                            (i) In general.--An incumbent may elect, 
                        for all purposes, either--
                                    (I) to be treated in accordance 
                                with the amendments made by subsection 
                                (a) or (b), as applicable; or
                                    (II) to be treated as if 
                                subsections (a) and (b) had never been 
                                enacted.
                            (ii) Failure to make a timely election.--
                        Failure to make a timely election under clause 
                        (i) shall be treated in the same way as an 
                        election made under clause (i)(I) on the last 
                        day allowable under clause (iii).
                            (iii) Deadline.--An election under this 
                        subparagraph shall not be effective unless it 
                        is made at least 14 days before the effective 
                        date under paragraph (1).
            (5) Definition.--For the purposes of this subsection, the 
        term ``Federal Protective Service law enforcement officer'' has 
        the meaning given such term by section 8331(33) or 8401(39) of 
        title 5, United States Code (as amended by this Act).
            (6) Exclusion.--Nothing in this section or any amendment 
        made by this section shall be considered to afford any election 
        or to otherwise apply with respect to any individual who, as of 
        the day before the date of the enactment of this Act--
                    (A) holds a position within the Federal Protective 
                Service; and
                    (B) is considered a law enforcement officer for 
                purposes of subchapter III of chapter 83 or chapter 84 
                of title 5, United States Code, by virtue of such 
                position.
                                 <all>
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