I 

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. 

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 ‘‘United States Secret 

5 Service Retirement Act of 2010’’. 


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1 SEC. 2. RETIREMENT TREATMENT OF CERTAIN SECRET 

2 SERVICE EMPLOYEES. 

3 (a) DEFINITIONS.—In this Act: 

4 (1) BOARD.—The term ‘‘Board’’ means the 

5 Federal Retirement Thrift Investment Board. 

6 (2) COVERED EMPLOYEE.—The term ‘‘covered 

7 employee’’ means an individual who— 

8 (A) was hired as a member of the United 

9 States Secret Service Division or the United 

10 States Secret Service Uniformed Division dur11 ing the period beginning on January 1, 1984, 

12 through December 31, 1986; 

13 (B) has actively performed duties other 

14 than clerical for 10 or more years directly re15 lated to the protection mission of the United 

16 States Secret Service described under section 

17 3056 of title 18, United States Code; 

18 (C) is serving as a member of the United 

19 States Secret Service Division or the United 

20 States Secret Service Uniformed Division (or 

21 any successor entity) on the date of enactment 

22 of this Act; 

23 (D) is participating in the Federal Em24 ployees Retirement System under subchapters 

25 II and III of chapter 84 of title 5, United 


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1 States Code on the date of enactment of this 

2 Act; 

3 (E) has an amount in the account of that 

4 individual in the Thrift Savings Fund that— 

5 (i) exceeds the transition cost of that 

6 individual; and 

7 (ii) is available for withdrawal (includ8 ing availability after application of section 

9 8435 of title 5, United States Code) imme10 diately before filing an election under sub11 section (d); and 

12 (F) files an election to be a covered em13 ployee under subsection (d). 

14 (3) DC RETIREMENT SYSTEM.—The term ‘‘DC 

15 Retirement System’’ means the District of Columbia 

16 Police and Firefighters Retirement and Disability 

17 System administered under the provisions of law 

18 codified in chapter 7 of title 5 of the District of Co19 lumbia Official Code. 

20 (4) OFFICE OF PAY AND RETIREMENT SERV21 ICES.—The term ‘‘Office of Pay and Retirement 

22 Services’’ means the Office of Pay and Retirement 

23 Services of the District of Columbia. 

24 (5) TRANSITION COSTS.—The term ‘‘transition 

25 costs’’ means the amount determined by the Office 


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1 of Pay and Retirement Services under subsection 

2 (c)(1) with respect to each individual described 

3 under subsection (a)(2) (A), (B), (C), and (D). 

4 (b) NOTIFICATIONS.— 

5 (1) INITIAL NOTIFICATION.—Not later than 30 

6 days after the date of enactment of this Act, the 

7 United States Secret Service shall notify employees 

8 of the United States Secret Service that individuals 

9 described under subsection (a)(2) (A), (B), (C), (D), 

10 and (E) are qualified to file an election under sub11 section (d). 

12 (2) NOTIFICATION OF TRANSITION COSTS.—Not 

13 later than 15 days after the United States Secret 

14 Service receives a determination from the Office of 

15 Pay and Retirement Services of the transition costs 

16 of any employee, the United States Secret Service 

17 shall notify that employee of— 

18 (A) the transition costs of that employee; 

19 and 

20 (B) if the employee files an election under 

21 subsection (d), the requirement of that em22 ployee (in accordance with the regulations of 

23 the Board) to— 

24 (i) complete the withdrawal forms; 

25 and 


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1 (ii) provide for the transfer of the 

2 transition costs from the account of that 

3 individual in the Thrift Savings Fund. 

4 (c) TRANSITION COSTS.— 

5 (1) DETERMINATIONS.—With respect to each 

6 individual described under subsection (a)(2) (A), 

7 (B), (C), and (D), the Office of Pay and Retirement 

8 Services shall determine an amount equal to— 

9 (A) the difference between— 

10 (i) the amount that the Federal Gov11 ernment will pay in annuity payments for 

12 that individual (if that individual files an 

13 election under subsection (d)) under the 

14 DC Retirement System during the 11-fis15 cal year period beginning with the fiscal 

16 year in which this Act is enacted; and 

17 (ii) the amount that the Federal Gov18 ernment would have paid (if this Act had 

19 not been enacted) in annuity payments for 

20 that individual under chapter 84 of title 5, 

21 United States Code, during the 11-fiscal 

22 year period beginning with the fiscal year 

23 in which this Act is enacted; 

24 (B) the amount not paid by the Federal 

25 Government and that individual (if that indiVerDate Mar 15 2010 22:30 Aug 04, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6065.IH H6065

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1 vidual files an election under subsection (d)) as 

2 contributions under title II of the Social Secu3 rity Act for that individual during the 11-fiscal 

4 year period beginning with the fiscal year in 

5 which this Act is enacted as a result of the en6 actment of this Act; and 

7 (C) the amount of future loss in Federal 

8 tax revenues (if that individual files an election 

9 under subsection (d)) resulting from a with10 drawal made under subsection (e)(2)(B)(ii)(I) 

11 based on, during the 11-fiscal year period be12 ginning with the fiscal year in which this Act 

13 is enacted— 

14 (i) the amount in the account of that 

15 individual in the Thrift Savings Fund; and 

16 (ii) the age and years of Federal serv17 ice of that individual. 

18 (2) TRANSMISSION OF DETERMINATIONS.—The 

19 Office of Pay and Retirement Services shall transmit 

20 the determinations made under this subsection to 

21 the United States Secret Service, including with re22 spect to each individual described under subsection 

23 (a)(2) (A), (B), (C), and (D)— 

24 (A) the amount described under paragraph 

25 (1)(A) of this subsection; 


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1 (B) the amount described under paragraph 

2 (1)(B) of this subsection; and 

3 (C) the amount described under paragraph 

4 (1)(C) of this subsection. 

5 (3) ADDITIONAL RESOURCES.— 

6 (A) IN GENERAL.—The Office of Pay and 

7 Retirement Services may enter into contracts as 

8 necessary to enable that Office to carry out ac9 tivities under this subsection. 

10 (B) AUTHORIZATION OF APPROPRIA11 TIONS.—There are authorized to be appro12 priated not to exceed $75,000 to carry out this 

13 paragraph. 

14 (4) NO PAYMENT BY THE FEDERAL GOVERN15 MENT.—The Federal Government shall not pay any 

16 transition costs. Transition costs shall be covered by 

17 amounts in the accounts in the Thrift Savings Fund 

18 of covered employees. 

19 (d) ELECTION OF COVERAGE.—Not later than 60 

20 days after receiving notification under subsection (b)(2), 

21 an individual described under subsection (a)(2) (A), (B), 

22 (C), (D), and (E) may file an election with the United 

23 States Secret Service to be a covered employee and to 

24 transition to the DC Retirement System. 

25 (e) RETIREMENT COVERAGE CONVERSION.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, and in con3 sultation with the Secretary of Homeland Security 

4 and the Board, the Office of Personnel Management 

5 shall prescribe regulations to carry out the respon6 sibilities of the Federal Government under this Act. 

7 The regulations prescribed under this paragraph 

8 shall provide for transition of covered employees 

9 from the Federal Employees Retirement System to 

10 the Civil Service Retirement System. 

11 (2) TREATMENT OF COVERED EMPLOYEES.— 

12 (A) ELECTION OF COVERAGE.— 

13 (i) IN GENERAL.—After a covered em14 ployee files an election under subsection 

15 (d), the covered employee shall be con16 verted from the Federal Employees Retire17 ment System to the Civil Service Retire18 ment System subject to clause (ii). 

19 (ii) COVERAGE IN DC RETIREMENT

20 SYSTEM.— 

21 (I) IN GENERAL.— 

22 (aa) APPLICATION OF DC

23 RETIREMENT SYSTEM.—Except 

24 as provided under subclauses 

25 (III) and (IV), the provisions of 


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1 law codified in chapter 7 of title 

2 5 of the District of Columbia Of3 ficial Code shall apply with re4 spect to a covered employee on 

5 the date on which the covered 

6 employee transitions to the Civil 

7 Service Retirement System. 

8 (bb) NONAPPLICATION OF

9 FERS OR CSRS.—A covered em10 ployee to whom this clause ap11 plies shall not have coverage 

12 under the Federal Employees Re13 tirement System or the Civil 

14 Service Retirement System. 

15 (II) AUTHORIZATION FOR DIS16 TRICT OF COLUMBIA.—The govern17 ment of the District of Columbia shall 

18 provide for the coverage of covered 

19 employees in the DC Retirement Sys20 tem in accordance with this Act. 

21 (III) UNITED STATES SECRET

22 SERVICE.—Notwithstanding sub23 section (b) of the Policemen and Fire24 men’s Retirement and Disability Act 

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1 trict of Columbia Official Code), a 

2 covered employee who is a member of 

3 the United States Secret Service Divi4 sion shall be authorized to transfer all 

5 funds to his credit in the Civil Service 

6 Retirement and Disability Fund con7 tinued by sections 8331(5) and 8348 

8 of title 5, United States Code, to the 

9 Contributions for Annuity Benefits, 

10 United States Secret Service appro11 priations account of the Department 

12 of Homeland Security and after the 

13 transfer of such funds the salary of 

14 such member shall be subject to the 

15 same deductions for credit to the Con16 tributions for Annuity Benefits, 

17 United States Secret Service appro18 priations account of the Department 

19 of Homeland Security as the deduc20 tions from salaries of other members 

21 under the Policemen and Firemen’s 

22 Retirement and Disability Act (sub23 chapter I of chapter 7 of title 5 of the 

24 District of Columbia Official Code), 

25 and that member shall be entitled to 


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1 the same benefits as the other mem2 bers to whom such Act applies. 

3 (IV) UNITED STATES SECRET

4 SERVICE UNIFORMED DIVISION.—In 

5 the administration of this clause, a 

6 covered employee who is a member of 

7 the United States Secret Service Uni8 formed Division shall be authorized to 

9 transfer all funds to his credit in the 

10 Civil Service Retirement and Dis11 ability Fund continued by sections 

12 8331(5) and 8348 of title 5, United 

13 States Code, to the Contributions for 

14 Annuity Benefits, United States Se15 cret Service appropriations account of 

16 the Department of Homeland Security 

17 and after the transfer of such funds 

18 the salary of such member shall be 

19 subject to the same deductions for 

20 credit to the Contributions for Annu21 ity Benefits, United States Secret 

22 Service appropriations account of the 

23 Department of Homeland Security as 

24 the deductions from salaries of other 

25 members under the Policemen and 


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1 Firemen’s Retirement and Disability 

2 Act (subchapter I of chapter 7 of title 

3 5 of the District of Columbia Official 

4 Code), and that member shall be enti5 tled to the same benefits as the other 

6 members to whom such Act applies. 

7 (B) THRIFT SAVINGS PLAN.— 

8 (i) TREATMENT AS SEPARATION FROM

9 GOVERNMENT EMPLOYMENT.—For pur10 poses of subchapter III of chapter 84 of 

11 title 5, United States Code, a covered em12 ployee who is converted under subpara13 graph (A) of this paragraph shall be treat14 ed as a transferred employee who is sepa15 rated from Government employment de16 scribed under section 8431 of that title. 

17 (ii) WITHDRAWAL AND TRANSFER

18 FROM THRIFT SAVINGS ACCOUNT.— 

19 (I) IN GENERAL.—Subject to sec20 tion 8435 of title 5, United States 

21 Code, a covered employee shall make 

22 a single withdrawal from the account 

23 of that employee in the Thrift Savings 

24 Fund in an amount equal to the tran25 sition costs of that employee for 


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1 transfer by the Executive Director 

2 under subclause (II). 

3 (II) TRANSFER AND DEPOSIT.— 

4 The Executive Director appointed 

5 under section 8474 of title 5, United 

6 States Code, shall transfer from the 

7 amount of any withdrawal made 

8 under subclause (I)— 

9 (aa) an amount equal to the 

10 amount described under sub11 section (c)(1)(A) for deposit into 

12 the Contributions for Annuity 

13 Benefits, United States Secret 

14 Service appropriations account of 

15 the Department of Homeland Se16 curity; 

17 (bb) an amount equal to the 

18 amount described under sub19 section (c)(1)(B) for deposit into 

20 the Federal Old-Age and Sur21 vivors Insurance Trust Fund and 

22 the Federal Disability Insurance 

23 Trust Fund in such proportions 

24 as determined by the Secretary of 

25 the Treasury; and 


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1 (cc) an amount equal to the 

2 amount described under sub3 section (c)(1)(C) for deposit into 

4 the general fund of the United 

5 States Treasury. 

6 (III) TAX ROLLOVER TREAT7 MENT.—Notwithstanding section 

8 8433(c) (2), (3), and (4) of title 5, 

9 United States Code, any transfer 

10 made under subclause (II) shall be 

11 treated as a direct transfer described 

12 under section 402(e)(6) of the Inter13 nal Revenue Code of 1986. 

14 (C) FORFEITURE OF SOCIAL SECURITY

15 BENEFITS.— 

16 (i) CONTRIBUTIONS.—Upon conver17 sion into the Civil Service Retirement Sys18 tem, a covered employee shall forfeit all 

19 contributions made for purposes of title II 

20 of the Social Security Act on the basis of 

21 the covered employee’s employment with 

22 the United States Secret Service under 

23 sections 3101(a) and 3111(a) of the Inter24 nal Revenue Code of 1986. All forfeited 

25 funds shall remain in the Federal Old-Age 


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1 and Survivors Insurance Trust Fund and 

2 the Federal Disability Insurance Trust 

3 Fund, as applicable. Notwithstanding 

4 paragraphs (4) and (5) of section 205(c) of 

5 the Social Security Act, the Commissioner 

6 of Social Security shall change or delete 

7 any entry with respect to wages of a cov8 ered employee that are forfeited under this 

9 clause. 

10 (ii) BENEFITS.— 

11 (I) IN GENERAL.—No individual 

12 shall be entitled to any benefit under 

13 title II of the Social Security Act 

14 based on wages for which the con15 tributions were forfeited under clause 

16 (i). 

17 (II) NO EFFECT ON MEDICARE

18 BENEFITS.—Notwithstanding the for19 feiture by a covered employee under 

20 clause (i), such contributions shall 

21 continue to be treated as having been 

22 made while performing medicare 

23 qualified government employment (as 

24 defined in section 210(p) of the Social 


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1 Security Act) for purposes of sections 

2 226 and 226A of that Act. 

Æ 


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