I 

115TH CONGRESS 

1ST SESSION H. R. 964 

To amend title 5, United States Code, to include certain Federal positions 

within the definition of law enforcement officer for retirement purposes, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Mr. KING of New York (for himself and Mr. PASCRELL) 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 include certain 

Federal positions within the definition of law enforcement officer for retirement purposes, 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 ‘‘Law Enforcement Offi5 cers Equity Act’’. 


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1 SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFI2 NITION OF LAW ENFORCEMENT OFFICER 

3 FOR PURPOSES OF RETIREMENT. 

4 (a) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 

5 Section 8401(17) of title 5, United States Code, is amend6 ed— 

7 (1) in subparagraph (C)— 

8 (A) by striking ‘‘subparagraph (A) and 

9 (B)’’ and inserting ‘‘subparagraphs (A), (B), 

10 (E), (F), (G), (H), and (I)’’; and 

11 (B) by striking ‘‘and’’ at the end; and 

12 (2) by adding at the end the following: 

13 ‘‘(E) an employee not otherwise covered by 

14 this paragraph— 

15 ‘‘(i) the duties of whose position in16 clude the investigation or apprehension of 

17 individuals suspected or convicted of of18 fenses against the criminal laws of the 

19 United States; and 

20 ‘‘(ii) who is authorized to carry a fire21 arm; 

22 ‘‘(F) an employee of the Internal Revenue 

23 Service, the duties of whose position are pri24 marily the— 

25 ‘‘(i) collection of delinquent taxes; and 

26 ‘‘(ii) securing of delinquent returns; 


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1 ‘‘(G) an employee of the United States 

2 Postal Inspection Service; 

3 ‘‘(H) an employee of the Department of 

4 Veterans Affairs who is a Department police of5 ficer under section 902 of title 38; and 

6 ‘‘(I) an employee of U.S. Customs and 

7 Border Protection— 

8 ‘‘(i) who is a seized property specialist 

9 in the GS–1801 job series; and 

10 ‘‘(ii) the duties of whose position in11 clude activities relating to the efficient and 

12 effective custody, management, and dis13 position of seized and forfeited property;’’. 

14 (b) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

15 8331(20) of title 5, United States Code, is amended, in 

16 the matter preceding subparagraph (A)— 

17 (1) by inserting ‘‘and an individual described in 

18 any of subparagraphs (E) through (I) of section 

19 8401(17)’’ after ‘‘United States’’; and 

20 (2) by striking ‘‘this activity’’ and inserting 

21 ‘‘such activity or described in any such subpara22 graph’’. 

23 (c) APPLICATION.—The amendments made by this 

24 section shall apply to any— 


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1 (1) individual who is appointed as a law en2 forcement officer— 

3 (A) as defined in section 8331(20) or 

4 8401(17) of title 5, United States Code (as 

5 amended by this section); and 

6 (B) on or after the date of enactment of 

7 this Act; and 

8 (2) incumbent (as defined in section 3(a)(3)), 

9 consistent with the requirements of section 3. 

10 SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS. 

11 (a) DEFINITIONS.—In this section— 

12 (1) the term ‘‘Director’’ means the Director of 

13 the Office of Personnel Management; 

14 (2) the term ‘‘Fund’’ means the Civil Service 

15 Retirement and Disability Fund; 

16 (3) the term ‘‘incumbent’’ means an individual 

17 who— 

18 (A) was appointed as a law enforcement 

19 officer before the date of enactment of this Act; 

20 and 

21 (B) is serving as a law enforcement officer 

22 on the date of enactment of this Act; 

23 (4) the term ‘‘law enforcement officer’’ means 

24 an individual who satisfies the requirements of sec25 tion 8331(20) or 8401(17) of title 5, United States 


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1 Code, by virtue of the amendments made by section 

2 2; 

3 (5) the term ‘‘prior service’’ means, with re4 spect to an incumbent who makes an election under 

5 subsection (b)(2), service performed by the incum6 bent before the date on which appropriate retirement 

7 deductions begin to be made under the election; and 

8 (6) the term ‘‘service’’ means service performed 

9 by an individual as a law enforcement officer. 

10 (b) TREATMENT OF SERVICE PERFORMED BY IN11 CUMBENTS.— 

12 (1) SERVICE ON OR AFTER DATE OF ENACT13 MENT.—Service performed by an incumbent on or 

14 after the date of enactment of this Act shall be 

15 treated as service performed as a law enforcement 

16 officer. 

17 (2) SERVICE BEFORE DATE OF ENACTMENT.— 

18 Service performed by an incumbent before the date 

19 of enactment of this Act shall, for purposes of sub20 chapter III of chapter 83 and chapter 84 of title 5, 

21 United States Code, be treated as service performed 

22 as a law enforcement officer only if the incumbent 

23 submits a written election to the Director by the ear24 lier of— 


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1 (A) the date that is 5 years after the date 

2 of enactment of this Act; or 

3 (B) the day before the date on which the 

4 incumbent separates from the service. 

5 (c) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV6 ICE.— 

7 (1) IN GENERAL.—An incumbent who makes an 

8 election under subsection (b)(2) may, with respect to 

9 prior service performed by the incumbent, pay a de10 posit into the Fund equal to the sum of— 

11 (A) the difference between— 

12 (i) the amount that would have been 

13 deducted during the period of prior service 

14 under section 8334 or 8422 of title 5, 

15 United States Code, from the pay of the 

16 incumbent if the amendments made by sec17 tion 2 had been in effect during the prior 

18 service; and 

19 (ii) the amount that was deducted 

20 during the period of prior service under 

21 section 8334 or 8422 of title 5, United 

22 States Code; and 

23 (B) interest on the amount described in 

24 subparagraph (A)(i), as computed under— 


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1 (i) paragraphs (2) and (3) of section 

2 8334(e) of title 5, United States Code; and 

3 (ii) regulations promulgated by the 

4 Director. 

5 (2) EFFECT OF NOT CONTRIBUTING.—If an in6 cumbent does not pay the full amount of the deposit 

7 described in paragraph (1), all prior service of the 

8 incumbent— 

9 (A) shall remain fully creditable as a law 

10 enforcement officer; and 

11 (B) the resulting annuity shall be re12 duced— 

13 (i) in a manner similar to that de14 scribed in section 8334(d)(2) of title 5, 

15 United States Code; and 

16 (ii) to the extent necessary to make 

17 up the amount unpaid. 

18 (d) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERV19 ICE.— 

20 (1) IN GENERAL.—If an incumbent makes an 

21 election under subsection (b)(2), an agency that em22 ployed the incumbent during any prior service of the 

23 incumbent shall remit to the Director, for deposit in 

24 the Fund, an amount equal to the sum of— 

25 (A) the difference between— 


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1 (i) the total amount of Government 

2 contributions that would have been paid 

3 under section 8334 or 8423 of title 5, 

4 United States Code, if the amendments 

5 made by section 2 had been in effect dur6 ing the prior service; and 

7 (ii) the total amount of Government 

8 contributions paid under section 8334 or 

9 8423 of title 5, United States Code; and 

10 (B) interest on the amount described in 

11 subparagraph (A)(i), as computed in accordance 

12 with— 

13 (i) paragraphs (2) and (3) of section 

14 8334(e) of title 5, United States Code; and 

15 (ii) regulations promulgated by the 

16 Director. 

17 (2) CONTRIBUTIONS TO BE MADE RATABLY.— 

18 Government contributions under this subsection on 

19 behalf of an incumbent shall be made by the agency 

20 ratably (not less frequently than annually) over the 

21 10-year period beginning on the date described in 

22 subsection (a)(5). 

23 (e) EXEMPTION FROM MANDATORY SEPARATION.— 

24 Notwithstanding section 8335(b) or 8425(b) of title 5, 

25 United States Code, a law enforcement officer shall not 


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1 be subject to mandatory separation during the 3-year pe2 riod beginning on the date of enactment of this Act. 

3 (f) REGULATIONS.—The Director shall prescribe reg4 ulations to carry out this Act, including regulations for 

5 the application of this section in the case of any individual 

6 entitled to a survivor annuity (based on the service of an 

7 incumbent who dies before making an election under sub8 section (b)(2)), to the extent of any rights that would have 

9 been available to the decedent if still living. 

10 (g) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be considered to apply in the case of a reem12 ployed annuitant. 

Æ 


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