II 

109TH CONGRESS 

1ST SESSION S. 968 

To amend chapters 83 and 84 of title 5, United States Code, to provide 

that spouses of Federal public safety officers who are killed in the 

line of duty, may remarry and continue to receive a survivor annuity, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2005 

Mrs. CLINTON (for herself, Mr. LEAHY, and Mr. CORZINE) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL

To amend chapters 83 and 84 of title 5, United States 

Code, to provide that spouses of Federal public safety 

officers who are killed in the line of duty, may remarry 

and continue to receive a survivor annuity, 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, 
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1 SECTION 1. CONTINUATION OF SURVIVOR ANNUITIES FOR 

2 REMARRIED SPOUSES OF FEDERAL PUBLIC 

3 SAFETY OFFICERS KILLED IN THE LINE OF 

4 DUTY. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Federal Public Safety Officer Surviving Spouse Protec7 tion Act of 2005’’. 

8 (b) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

9 8341 of title 5, United States Code, is amended— 

10 (1) in subsection (b)(3)(B) by striking ‘‘sub11 section (k)’’ and inserting ‘‘subsection (j)’’; 

12 (2) in subsection (d) in clause (ii) of the last 

13 undesignated sentence by striking ‘‘subsection (k)’’ 

14 and inserting ‘‘subsection (j)’’; 

15 (3) in subsection (h)(3)(B)(i) by striking ‘‘sub16 section (k)’’ and inserting ‘‘subsection (j)’’; and 

17 (4) by striking subsection (k) and inserting the 

18 following: 

19 ‘‘(j)(1) In this subsection, the term ‘Federal public 

20 safety officer’ means— 

21 ‘‘(A) a law enforcement officer; or 

22 ‘‘(B) an employee participating under this chap23 ter who is— 

24 ‘‘(i) a public safety officer as defined under 

25 section 1204 of the Omnibus Crime Control and 

26 Safe Streets Act of 1968 (42 U.S.C. 3796b); or 
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1 ‘‘(ii) an employee of the Department of the 

2 Treasury who is performing official duties of 

3 the Department in an area, if those official du4 ties— 

5 ‘‘(I) are related to a major disaster or 

6 emergency that has been, or is later, de7 clared to exist with respect to the area 

8 under the Robert T. Stafford Disaster Re9 lief and Emergency Assistance Act (42 

10 U.S.C. 5121 et seq.); and 

11 ‘‘(II) are determined by the Secretary 

12 of the Treasury to be hazardous duties. 

13 ‘‘(2) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) 

14 (to the extent that they provide for termination of a sur15 vivor annuity because of a remarriage before the age of 

16 55 years) shall not apply if— 

17 ‘‘(A) the widow, widower, or former spouse was 

18 married for at least 30 years to the individual on 

19 whose service the survivor annuity is based; or 

20 ‘‘(B) in the case of a widow or widower the in21 dividual on whose service the survivor annuity is 

22 based was a Federal public safety officer who was 

23 killed in the line of duty. 

24 ‘‘(3) A remarriage described under paragraph (2) 

25 shall not be taken into account for purposes of section 
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1 8339(j)(5) (B) or (C) or any other provision of this chap2 ter which the Office may by regulation identify in order 

3 to carry out the purposes of this subsection.’’. 

4 (c) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—

5 Section 8442(d) of title 5, United States Code, is amended 

6 by striking paragraph (3) and inserting the following: 

7 ‘‘(3)(A) In this paragraph, the term ‘Federal 

8 public safety officer’ means— 

9 ‘‘(i) a law enforcement officer; or 

10 ‘‘(ii) an employee participating under this 

11 chapter who is— 

12 ‘‘(I) a public safety officer as defined 

13 under section 1204 of the Omnibus Crime 

14 Control and Safe Streets Act of 1968 (42 

15 U.S.C. 3796b); or 

16 ‘‘(II) an employee of the Department 

17 of the Treasury who is performing official 

18 duties of the Department in an area, if 

19 those official duties— 

20 ‘‘(aa) are related to a major dis21 aster or emergency that has been, or 

22 is later, declared to exist with respect 

23 to the area under the Robert T. Staf24 ford Disaster Relief and Emergency 
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1 Assistance Act (42 U.S.C. 5121 et 

2 seq.); and 

3 ‘‘(bb) are determined by the Sec4 retary of the Treasury to be haz5 ardous duties. 

6 ‘‘(B) Paragraph (1)(B) (relating to termination 

7 of a survivor annuity because of a remarriage before 

8 the age of 55 years) shall not apply if— 

9 ‘‘(i) the widow or widower was married for 

10 at least 30 years to the individual on whose 

11 service the survivor annuity is based; or 

12 ‘‘(ii) the individual on whose service the 

13 survivor annuity is based was a Federal public 

14 safety officer who was killed in the line of 

15 duty.’’. 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this Act shall take effect on January 1, 1988, and apply 

18 only to remarriages which occur on or after that date.

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