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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6065 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6065

     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 HOUSE OF REPRESENTATIVES

                             July 30, 2010

Mr. Ruppersberger introduced the following bill; which was referred to 
 the Committee on Oversight and Government Reform, and in addition to 
   the Committee on Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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.

    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 ``United States Secret Service 
Retirement Act of 2010''.

SEC. 2. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE EMPLOYEES.

    (a) Definitions.--In this Act:
            (1) Board.--The term ``Board'' means the Federal Retirement 
        Thrift Investment Board.
            (2) Covered employee.--The term ``covered employee'' means 
        an individual who--
                    (A) was hired as a member of the United States 
                Secret Service Division or the United States Secret 
                Service Uniformed Division during the period beginning 
                on January 1, 1984, through December 31, 1986;
                    (B) has actively performed duties other than 
                clerical for 10 or more years directly related to the 
                protection mission of the United States Secret Service 
                described under section 3056 of title 18, United States 
                Code;
                    (C) is serving as a member of the United States 
                Secret Service Division or the United States Secret 
                Service Uniformed Division (or any successor entity) on 
                the date of enactment of this Act;
                    (D) is participating in the Federal Employees 
                Retirement System under subchapters II and III of 
                chapter 84 of title 5, United States Code on the date 
                of enactment of this Act;
                    (E) has an amount in the account of that individual 
                in the Thrift Savings Fund that--
                            (i) exceeds the transition cost of that 
                        individual; and
                            (ii) is available for withdrawal (including 
                        availability after application of section 8435 
                        of title 5, United States Code) immediately 
                        before filing an election under subsection (d); 
                        and
                    (F) files an election to be a covered employee 
                under subsection (d).
            (3) DC retirement system.--The term ``DC Retirement 
        System'' means the District of Columbia Police and Firefighters 
        Retirement and Disability System administered under the 
        provisions of law codified in chapter 7 of title 5 of the 
        District of Columbia Official Code.
            (4) Office of pay and retirement services.--The term 
        ``Office of Pay and Retirement Services'' means the Office of 
        Pay and Retirement Services of the District of Columbia.
            (5) Transition costs.--The term ``transition costs'' means 
        the amount determined by the Office of Pay and Retirement 
        Services under subsection (c)(1) with respect to each 
        individual described under subsection (a)(2) (A), (B), (C), and 
        (D).
    (b) Notifications.--
            (1) Initial notification.--Not later than 30 days after the 
        date of enactment of this Act, the United States Secret Service 
        shall notify employees of the United States Secret Service that 
        individuals described under subsection (a)(2) (A), (B), (C), 
        (D), and (E) are qualified to file an election under subsection 
        (d).
            (2) Notification of transition costs.--Not later than 15 
        days after the United States Secret Service receives a 
        determination from the Office of Pay and Retirement Services of 
        the transition costs of any employee, the United States Secret 
        Service shall notify that employee of--
                    (A) the transition costs of that employee; and
                    (B) if the employee files an election under 
                subsection (d), the requirement of that employee (in 
                accordance with the regulations of the Board) to--
                            (i) complete the withdrawal forms; and
                            (ii) provide for the transfer of the 
                        transition costs from the account of that 
                        individual in the Thrift Savings Fund.
    (c) Transition Costs.--
            (1) Determinations.--With respect to each individual 
        described under subsection (a)(2) (A), (B), (C), and (D), the 
        Office of Pay and Retirement Services shall determine an amount 
        equal to--
                    (A) the difference between--
                            (i) the amount that the Federal Government 
                        will pay in annuity payments for that 
                        individual (if that individual files an 
                        election under subsection (d)) under the DC 
                        Retirement System during the 11-fiscal year 
                        period beginning with the fiscal year in which 
                        this Act is enacted; and
                            (ii) the amount that the Federal Government 
                        would have paid (if this Act had not been 
                        enacted) in annuity payments for that 
                        individual under chapter 84 of title 5, United 
                        States Code, during the 11-fiscal year period 
                        beginning with the fiscal year in which this 
                        Act is enacted;
                    (B) the amount not paid by the Federal Government 
                and that individual (if that individual files an 
                election under subsection (d)) as contributions under 
                title II of the Social Security Act for that individual 
                during the 11-fiscal year period beginning with the 
                fiscal year in which this Act is enacted as a result of 
                the enactment of this Act; and
                    (C) the amount of future loss in Federal tax 
                revenues (if that individual files an election under 
                subsection (d)) resulting from a withdrawal made under 
                subsection (e)(2)(B)(ii)(I) based on, during the 11-
                fiscal year period beginning with the fiscal year in 
                which this Act is enacted--
                            (i) the amount in the account of that 
                        individual in the Thrift Savings Fund; and
                            (ii) the age and years of Federal service 
                        of that individual.
            (2) Transmission of determinations.--The Office of Pay and 
        Retirement Services shall transmit the determinations made 
        under this subsection to the United States Secret Service, 
        including with respect to each individual described under 
        subsection (a)(2) (A), (B), (C), and (D)--
                    (A) the amount described under paragraph (1)(A) of 
                this subsection;
                    (B) the amount described under paragraph (1)(B) of 
                this subsection; and
                    (C) the amount described under paragraph (1)(C) of 
                this subsection.
            (3) Additional resources.--
                    (A) In general.--The Office of Pay and Retirement 
                Services may enter into contracts as necessary to 
                enable that Office to carry out activities under this 
                subsection.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated not to exceed $75,000 to 
                carry out this paragraph.
            (4) No payment by the federal government.--The Federal 
        Government shall not pay any transition costs. Transition costs 
        shall be covered by amounts in the accounts in the Thrift 
        Savings Fund of covered employees.
    (d) Election of Coverage.--Not later than 60 days after receiving 
notification under subsection (b)(2), an individual described under 
subsection (a)(2) (A), (B), (C), (D), and (E) may file an election with 
the United States Secret Service to be a covered employee and to 
transition to the DC Retirement System.
    (e) Retirement Coverage Conversion.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and in consultation with the Secretary 
        of Homeland Security and the Board, the Office of Personnel 
        Management shall prescribe regulations to carry out the 
        responsibilities of the Federal Government under this Act. The 
        regulations prescribed under this paragraph shall provide for 
        transition of covered employees from the Federal Employees 
        Retirement System to the Civil Service Retirement System.
            (2) Treatment of covered employees.--
                    (A) Election of coverage.--
                            (i) In general.--After a covered employee 
                        files an election under subsection (d), the 
                        covered employee shall be converted from the 
                        Federal Employees Retirement System to the 
                        Civil Service Retirement System subject to 
                        clause (ii).
                            (ii) Coverage in dc retirement system.--
                                    (I) In general.--
                                            (aa) Application of dc 
                                        retirement system.--Except as 
                                        provided under subclauses (III) 
                                        and (IV), the provisions of law 
                                        codified in chapter 7 of title 
                                        5 of the District of Columbia 
                                        Official Code shall apply with 
                                        respect to a covered employee 
                                        on the date on which the 
                                        covered employee transitions to 
                                        the Civil Service Retirement 
                                        System.
                                            (bb) Nonapplication of fers 
                                        or csrs.--A covered employee to 
                                        whom this clause applies shall 
                                        not have coverage under the 
                                        Federal Employees Retirement 
                                        System or the Civil Service 
                                        Retirement System.
                                    (II) Authorization for district of 
                                columbia.--The government of the 
                                District of Columbia shall provide for 
                                the coverage of covered employees in 
                                the DC Retirement System in accordance 
                                with this Act.
                                    (III) United states secret 
                                service.--Notwithstanding subsection 
                                (b) of the Policemen and Firemen's 
                                Retirement and Disability Act (section 
                                5-703 of title 5 of the District of 
                                Columbia Official Code), a covered 
                                employee who is a member of the United 
                                States Secret Service Division shall be 
                                authorized to transfer all funds to his 
                                credit in the Civil Service Retirement 
                                and Disability Fund continued by 
                                sections 8331(5) and 8348 of title 5, 
                                United States Code, to the 
                                Contributions for Annuity Benefits, 
                                United States Secret Service 
                                appropriations account of the 
                                Department of Homeland Security and 
                                after the transfer of such funds the 
                                salary of such member shall be subject 
                                to the same deductions for credit to 
                                the Contributions for Annuity Benefits, 
                                United States Secret Service 
                                appropriations account of the 
                                Department of Homeland Security as the 
                                deductions from salaries of other 
                                members under the Policemen and 
                                Firemen's Retirement and Disability Act 
                                (subchapter I of chapter 7 of title 5 
                                of the District of Columbia Official 
                                Code), and that member shall be 
                                entitled to the same benefits as the 
                                other members to whom such Act applies.
                                    (IV) United states secret service 
                                uniformed division.--In the 
                                administration of this clause, a 
                                covered employee who is a member of the 
                                United States Secret Service Uniformed 
                                Division shall be authorized to 
                                transfer all funds to his credit in the 
                                Civil Service Retirement and Disability 
                                Fund continued by sections 8331(5) and 
                                8348 of title 5, United States Code, to 
                                the Contributions for Annuity Benefits, 
                                United States Secret Service 
                                appropriations account of the 
                                Department of Homeland Security and 
                                after the transfer of such funds the 
                                salary of such member shall be subject 
                                to the same deductions for credit to 
                                the Contributions for Annuity Benefits, 
                                United States Secret Service 
                                appropriations account of the 
                                Department of Homeland Security as the 
                                deductions from salaries of other 
                                members under the Policemen and 
                                Firemen's Retirement and Disability Act 
                                (subchapter I of chapter 7 of title 5 
                                of the District of Columbia Official 
                                Code), and that member shall be 
                                entitled to the same benefits as the 
                                other members to whom such Act applies.
                    (B) Thrift savings plan.--
                            (i) Treatment as separation from government 
                        employment.--For purposes of subchapter III of 
                        chapter 84 of title 5, United States Code, a 
                        covered employee who is converted under 
                        subparagraph (A) of this paragraph shall be 
                        treated as a transferred employee who is 
                        separated from Government employment described 
                        under section 8431 of that title.
                            (ii) Withdrawal and transfer from thrift 
                        savings account.--
                                    (I) In general.--Subject to section 
                                8435 of title 5, United States Code, a 
                                covered employee shall make a single 
                                withdrawal from the account of that 
                                employee in the Thrift Savings Fund in 
                                an amount equal to the transition costs 
                                of that employee for transfer by the 
                                Executive Director under subclause 
                                (II).
                                    (II) Transfer and deposit.--The 
                                Executive Director appointed under 
                                section 8474 of title 5, United States 
                                Code, shall transfer from the amount of 
                                any withdrawal made under subclause 
                                (I)--
                                            (aa) an amount equal to the 
                                        amount described under 
                                        subsection (c)(1)(A) for 
                                        deposit into the Contributions 
                                        for Annuity Benefits, United 
                                        States Secret Service 
                                        appropriations account of the 
                                        Department of Homeland 
                                        Security;
                                            (bb) an amount equal to the 
                                        amount described under 
                                        subsection (c)(1)(B) for 
                                        deposit into the Federal Old-
                                        Age and Survivors Insurance 
                                        Trust Fund and the Federal 
                                        Disability Insurance Trust Fund 
                                        in such proportions as 
                                        determined by the Secretary of 
                                        the Treasury; and
                                            (cc) an amount equal to the 
                                        amount described under 
                                        subsection (c)(1)(C) for 
                                        deposit into the general fund 
                                        of the United States Treasury.
                                    (III) Tax rollover treatment.--
                                Notwithstanding section 8433(c) (2), 
                                (3), and (4) of title 5, United States 
                                Code, any transfer made under subclause 
                                (II) shall be treated as a direct 
                                transfer described under section 
                                402(e)(6) of the Internal Revenue Code 
                                of 1986.
                    (C) Forfeiture of social security benefits.--
                            (i) Contributions.--Upon conversion into 
                        the Civil Service Retirement System, a covered 
                        employee shall forfeit all contributions made 
                        for purposes of title II of the Social Security 
                        Act on the basis of the covered employee's 
                        employment with the United States Secret 
                        Service under sections 3101(a) and 3111(a) of 
                        the Internal Revenue Code of 1986. All 
                        forfeited funds shall remain in the Federal 
                        Old-Age and Survivors Insurance Trust Fund and 
                        the Federal Disability Insurance Trust Fund, as 
                        applicable. Notwithstanding paragraphs (4) and 
                        (5) of section 205(c) of the Social Security 
                        Act, the Commissioner of Social Security shall 
                        change or delete any entry with respect to 
                        wages of a covered employee that are forfeited 
                        under this clause.
                            (ii) Benefits.--
                                    (I) In general.--No individual 
                                shall be entitled to any benefit under 
                                title II of the Social Security Act 
                                based on wages for which the 
                                contributions were forfeited under 
                                clause (i).
                                    (II) No effect on medicare 
                                benefits.--Notwithstanding the 
                                forfeiture by a covered employee under 
                                clause (i), such contributions shall 
                                continue to be treated as having been 
                                made while performing medicare 
                                qualified government employment (as 
                                defined in section 210(p) of the Social 
                                Security Act) for purposes of sections 
                                226 and 226A of that Act.
                                 <all>
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