II 

115TH CONGRESS 

1ST SESSION S. 29 

To permit disabled law enforcement officers, customs and border protection 

officers, firefighters, air traffic controllers, nuclear materials couriers, 

members of the Capitol Police, members of the Supreme Court Police, 

employees of the Central Intelligence Agency performing intelligence activities abroad or having specialized security requirements, and diplomatic 

security special agents of the Department of State to receive retirement 

benefits in the same manner as if they had not been disabled. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2017 

Mr. TESTER (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To permit disabled law enforcement officers, customs and 

border protection officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Capitol 

Police, members of the Supreme Court Police, employees 

of the Central Intelligence Agency performing intelligence 

activities abroad or having specialized security requirements, and diplomatic security special agents of the Department of State to receive retirement benefits in the 

same manner as if they had not been disabled. 

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. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fair Return for Em3 ployees on Their Initial Retirement Earned Act of 2017’’ 

4 or the ‘‘Fair RETIRE Act’’. 

5 SEC. 2. SENSE OF CONGRESS. 

6 It is the sense of Congress that— 

7 (1) it is in the best national and homeland se8 curity interests of the United States for Federal 

9 agencies to retain the specialized knowledge and ex10 perience of individuals who suffer an injury or illness 

11 while serving in a covered position (as defined under 

12 the amendments made by this Act); and 

13 (2) in developing regulations to carry out this 

14 Act and the amendments made by this Act, the Di15 rector of the Office of Personnel Management and 

16 the Secretary of Labor should ensure, to the great17 est extent possible, that the reappointment of an in18 dividual to a position in the civil service that is not 

19 a covered position is with the same Federal agency, 

20 in the same geographic location, and at a level of 

21 pay commensurate to the position which the indi22 vidual held immediately prior to such injury or ill23 ness. 

24 SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES. 

25 (a) CSRS.—Section 8336(c) of title 5, United States 

26 Code, is amended by adding at the end the following: 


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1 ‘‘(3)(A) In this paragraph— 

2 ‘‘(i) the term ‘covered individual’ means an in3 dividual covered under this subchapter who— 

4 ‘‘(I) is performing service in a covered po5 sition; 

6 ‘‘(II) has performed not less than 3 years 

7 of creditable service in a covered position; 

8 ‘‘(III) while in the performance of the du9 ties of the individual, becomes ill or is injured 

10 before the date on which the individual becomes 

11 entitled to an annuity under paragraph (1) of 

12 this subsection or subsection (e), (m), or (n), as 

13 applicable; 

14 ‘‘(IV) because of the illness or injury de15 scribed in subclause (III), is permanently un16 able to continue service in a covered position, 

17 determined in accordance with regulations pro18 mulgated by the Director of the Office of Per19 sonnel Management, in consultation with the 

20 Secretary of Labor; and 

21 ‘‘(V) is appointed to a position in the civil 

22 service that is not a covered position; and 

23 ‘‘(ii) the term ‘covered position’ means a posi24 tion as a law enforcement officer, customs and bor25 der protection officer, firefighter, air traffic conVerDate Sep 11 2014 00:39 Jan 11, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S29.IS S29

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1 troller, nuclear materials courier, member of the 

2 Capitol Police, member of the Supreme Court Police, 

3 an employee of the Central Intelligence Agency des4 ignated under section 302(a) of the Central Intel5 ligence Agency Retirement Act (50 U.S.C. 2152(a)), 

6 or special agent described in section 804(15) of the 

7 Foreign Service Act of 1980 (22 U.S.C. 4044(15)). 

8 ‘‘(B) Unless a covered individual files an election de9 scribed in subparagraph (C), creditable service by the cov10 ered individual in a position described in subparagraph 

11 (A)(i)(V) shall be treated as creditable service in a covered 

12 position for purposes of this chapter, including eligibility 

13 for an annuity under paragraph (1) of this subsection or 

14 subsection (e), (m), or (n), as applicable, and determining 

15 the amount to be deducted and withheld from the pay of 

16 the covered individual under section 8334. 

17 ‘‘(C) In accordance with procedures established by 

18 the Director of the Office of Personnel Management, a 

19 covered individual may file an election to have any cred20 itable service performed by the covered individual treated 

21 in accordance with this chapter, without regard to sub22 paragraph (B). 

23 ‘‘(D) If a covered individual who has not filed an elec24 tion described in subparagraph (C) separates from service 

25 before the date on which the covered individual becomes 


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1 entitled to an annuity under paragraph (1) of this sub2 section or subsection (e), (m), or (n), as applicable, the 

3 covered individual shall be entitled to a lump sum payment 

4 from the Fund of the difference between— 

5 ‘‘(i) the amount that was deducted and withheld 

6 from the pay of the covered individual; and 

7 ‘‘(ii) the amount that would have been deducted 

8 and withheld from the pay of the covered individual 

9 if the covered individual had made an election de10 scribed in subparagraph (C).’’. 

11 (b) FERS.— 

12 (1) IN GENERAL.—Section 8412(d) of title 5, 

13 United States Code, is amended— 

14 (A) by redesignating paragraphs (1) and 

15 (2) as subparagraphs (A) and (B), respectively; 

16 (B) by inserting ‘‘(1)’’ before ‘‘An em17 ployee’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(2)(A) In this paragraph— 

20 ‘‘(i) the term ‘covered individual’ means an in21 dividual covered under this chapter who— 

22 ‘‘(I) is performing service in a covered po23 sition; 

24 ‘‘(II) has performed not less than 3 years 

25 of creditable service in a covered position; 


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1 ‘‘(III) while in the performance of the du2 ties of the individual, becomes ill or is injured 

3 before the date on which the individual becomes 

4 entitled to an annuity under paragraph (1) of 

5 this subsection or subsection (e), as applicable; 

6 ‘‘(IV) because of the illness or injury de7 scribed in subclause (III), is permanently un8 able to continue service in a covered position, 

9 determined in accordance with regulations pro10 mulgated by the Director of the Office of Per11 sonnel Management, in consultation with the 

12 Secretary of Labor; and 

13 ‘‘(V) is appointed to a position in the civil 

14 service that is not a covered position; and 

15 ‘‘(ii) the term ‘covered position’ means a posi16 tion as a law enforcement officer, customs and bor17 der protection officer, firefighter, air traffic con18 troller, nuclear materials courier, member of the 

19 Capitol Police, member of the Supreme Court Police, 

20 an employee of the Central Intelligence Agency des21 ignated under section 302(a) of the Central Intel22 ligence Agency Retirement Act (50 U.S.C. 2152(a)), 

23 or special agent described in section 804(15) of the 

24 Foreign Service Act of 1980 (22 U.S.C. 4044(15)). 


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1 ‘‘(B) Unless a covered individual files an election de2 scribed in subparagraph (C), creditable service by the cov3 ered individual in a position described in subparagraph 

4 (A)(i)(V) shall be treated as creditable service in a covered 

5 position for purposes of this chapter, including eligibility 

6 for an annuity under paragraph (1) of this subsection or 

7 subsection (e), as applicable, and determining the amount 

8 to be deducted and withheld from the pay of the covered 

9 individual under section 8422. 

10 ‘‘(C) In accordance with procedures established by 

11 the Director of the Office of Personnel Management, a 

12 covered individual may file an election to have any cred13 itable service performed by the covered individual treated 

14 in accordance with this chapter, without regard to sub15 paragraph (B). 

16 ‘‘(D) If a covered individual who has not filed an elec17 tion described in subparagraph (C) separates from service 

18 before the date on which the covered individual becomes 

19 entitled to an annuity under paragraph (1) of this sub20 section or subsection (e), as applicable, the covered indi21 vidual shall be entitled to a lump sum payment from the 

22 Fund of the difference between— 

23 ‘‘(i) the amount that was deducted and withheld 

24 from the pay of the covered individual; and 


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1 ‘‘(ii) the amount that would have been deducted 

2 and withheld from the pay of the covered individual 

3 if the covered individual had made an election de4 scribed in subparagraph (C).’’. 

5 (2) TECHNICAL AND CONFORMING AMEND6 MENTS.— 

7 (A) Chapter 84 of title 5, United States 

8 Code, is amended— 

9 (i) in section 8414(b)(3), by inserting 

10 ‘‘(1)’’ after ‘‘subsection (d)’’; 

11 (ii) in section 8415— 

12 (I) in subsection (e), in the mat13 ter preceding paragraph (1), by in14 serting ‘‘(1)’’ after ‘‘subsection (d)’’; 

15 and 

16 (II) in subsection (h)(2)(A), by 

17 striking ‘‘(d)(2)’’ and inserting 

18 ‘‘(d)(1)(B)’’; 

19 (iii) in section 8421(a)(1), by insert20 ing ‘‘(1)’’ after ‘‘(d)’’; 

21 (iv) in section 8421a(b)(4)(B)(ii), by 

22 inserting ‘‘(1)’’ after ‘‘section 8412(d)’’; 

23 (v) in section 8425, by inserting ‘‘(1)’’ 

24 after ‘‘section 8412(d)’’ each place it ap25 pears; and 


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1 (vi) in section 8462(c)(3)(B)(ii), by 

2 inserting ‘‘(1)’’ after ‘‘subsection (d)’’. 

3 (B) Title VIII of the Foreign Service Act 

4 of 1980 (22 U.S.C. 4041 et seq.) is amended— 

5 (i) in section 805(d)(5) (22 U.S.C. 

6 4045(d)(5)), by inserting ‘‘(1)’’ after ‘‘or 

7 8412(d)’’; and 

8 (ii) in section 812(a)(2)(B) (22 

9 U.S.C. 4052(a)(2)(B)), by inserting ‘‘(1)’’ 

10 after ‘‘or 8412(d)’’. 

11 (c) CIA EMPLOYEES.—Section 302 of the Central In12 telligence Agency Retirement Act (50 U.S.C. 2152) is 

13 amended by adding at the end the following: 

14 ‘‘(d) EMPLOYEES DISABLED ON DUTY.— 

15 ‘‘(1) DEFINITIONS.—In this subsection— 

16 ‘‘(A) the term ‘covered employee’ means an 

17 employee of the Agency covered under sub18 chapter II of chapter 84 of title 5, United 

19 States Code, who— 

20 ‘‘(i) is performing service in a position 

21 designated under subsection (a); 

22 ‘‘(ii) has performed not less than 3 

23 years of creditable service in a covered po24 sition; 


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1 ‘‘(iii) while in the performance of the 

2 duties of the employee in the position des3 ignated under subsection (a), becomes ill 

4 or is injured before the date on which the 

5 employee becomes entitled to an annuity 

6 under section 233 of this Act or section 

7 8412(d)(1) of title 5, United States Code; 

8 ‘‘(iv) because of the illness or injury 

9 described in clause (iii), is permanently un10 able to continue service in a covered posi11 tion, determined in accordance with regula12 tions promulgated by the Director of the 

13 Office of Personnel Management, in con14 sultation with the Secretary of Labor; and 

15 ‘‘(v) is appointed to a position in the 

16 civil service that is not a covered position; 

17 and 

18 ‘‘(B) the term ‘covered position’ means a 

19 position as— 

20 ‘‘(i) a law enforcement officer de21 scribed in section 8331(20) or 8401(17) of 

22 title 5, United States Code; 

23 ‘‘(ii) a customs and border protection 

24 officer described in section 8331(31) or 

25 8401(36) of title 5, United States Code; 


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1 ‘‘(iii) a firefighter described in section 

2 8331(21) or 8401(14) of title 5, United 

3 States Code; 

4 ‘‘(iv) an air traffic controller described 

5 in section 8331(30) or 8401(35) of title 5, 

6 United States Code; 

7 ‘‘(v) a nuclear materials courier de8 scribed in section 8331(27) or 8401(33) of 

9 title 5, United States Code; 

10 ‘‘(vi) a member of the United States 

11 Capitol Police; 

12 ‘‘(vii) a member of the Supreme Court 

13 Police; 

14 ‘‘(viii) a covered employee; or 

15 ‘‘(ix) a special agent described in sec16 tion 804(15) of the Foreign Service Act of 

17 1980 (22 U.S.C. 4044(15)). 

18 ‘‘(2) TREATMENT OF SERVICE AFTER DIS19 ABILITY.—Unless a covered employee files an elec20 tion described in paragraph (3), creditable service by 

21 the covered employee in a position described in para22 graph (1)(A)(v) shall be treated as creditable service 

23 in a covered position for purposes of this Act and 

24 chapter 84 of title 5, United States Code, including 

25 eligibility for an annuity under section 233 of this 


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1 Act or 8412(d)(1) of title 5, United States Code, 

2 and determining the amount to be deducted and 

3 withheld from the pay of the covered employee under 

4 section 8422 of title 5, United States Code. 

5 ‘‘(3) OPT OUT.—In accordance with procedures 

6 established by the Director of the Office of Per7 sonnel Management, a covered employee may file an 

8 election to have any creditable service performed by 

9 the covered employee treated in accordance with 

10 chapter 84 of title 5, United States Code, without 

11 regard to paragraph (2). 

12 ‘‘(4) SEPARATION BEFORE RETIREMENT ELIGI13 BILITY.—If a covered employee who has not filed an 

14 election described in paragraph (3) separates from 

15 service before the date on which the covered em16 ployee becomes entitled to an annuity under section 

17 233 of this Act or 8412(d)(1) of title 5, United 

18 States Code, the covered employee shall be entitled 

19 to a lump sum payment from the Fund of the dif20 ference between— 

21 ‘‘(A) the amount that was deducted and 

22 withheld from the pay of the covered employee; 

23 and 

24 ‘‘(B) the amount that would have been de25 ducted and withheld from the pay of the covVerDate Sep 11 2014 00:39 Jan 11, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S29.IS S29

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1 ered employee if the covered employee had 

2 made an election described in paragraph (3).’’. 

3 (d) FOREIGN SERVICE RETIREMENT AND DIS4 ABILITY SYSTEM.—Section 806(a)(6) of the Foreign Serv5 ice Act of 1980 (22 U.S.C. 4046(a)(6)) is amended by 

6 adding at the end the following: 

7 ‘‘(D)(i) In this subparagraph— 

8 ‘‘(I) the term ‘covered special agent’ means an 

9 individual covered under this subchapter who— 

10 ‘‘(aa) is performing service as a special 

11 agent; 

12 ‘‘(bb) has performed not less than 3 years 

13 of creditable service in a covered position; 

14 ‘‘(cc) while in the performance of the du15 ties of the individual as a special agent, be16 comes ill or is injured before the date on which 

17 the individual becomes entitled to an annuity 

18 under section 811; 

19 ‘‘(dd) because of the illness or injury de20 scribed in item (cc), is permanently unable to 

21 continue service in a covered position, deter22 mined in accordance with regulations promul23 gated by the Director of the Office of Personnel 

24 Management, in consultation with the Secretary 

25 of Labor; and 


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1 ‘‘(ee) is appointed to a position in the For2 eign Service that is not a covered position; and 

3 ‘‘(II) the term ‘covered position’ means a posi4 tion as— 

5 ‘‘(aa) a law enforcement officer described 

6 in section 8331(20) or 8401(17) of title 5, 

7 United States Code; 

8 ‘‘(bb) a customs and border protection offi9 cer described in section 8331(31) or 8401(36) 

10 of title 5, United States Code; 

11 ‘‘(cc) a firefighter described in section 

12 8331(21) or 8401(14) of title 5, United States 

13 Code; 

14 ‘‘(dd) an air traffic controller described in 

15 section 8331(30) or 8401(35) of title 5, United 

16 States Code; 

17 ‘‘(ee) a nuclear materials courier described 

18 in section 8331(27) or 8401(33) of title 5, 

19 United States Code; 

20 ‘‘(ff) a member of the United States Cap21 itol Police; 

22 ‘‘(gg) a member of the Supreme Court Po23 lice; 

24 ‘‘(hh) an employee of the Central Intel25 ligence Agency designated under section 302(a) 


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1 of the Central Intelligence Agency Retirement 

2 Act (50 U.S.C. 2152(a)); or 

3 ‘‘(ii) a special agent. 

4 ‘‘(ii) Unless a covered special agent files an election 

5 described in clause (iii), creditable service by the covered 

6 special agent in a position described in clause (i)(I)(ee) 

7 shall be treated as creditable service as a special agent 

8 for purposes of this subchapter, including determining the 

9 amount to be deducted and withheld from the pay of the 

10 individual under section 805. 

11 ‘‘(iii) In accordance with procedures established by 

12 the Secretary, a covered special agent may file an election 

13 to have any creditable service performed by the covered 

14 special agent treated in accordance with this subchapter, 

15 without regard to clause (ii). 

16 ‘‘(iv) If a covered special agent who has not filed an 

17 election described in clause (iii) separates from service be18 fore the date on which the covered special agent becomes 

19 entitled to an annuity under section 811, the covered spe20 cial agent shall be entitled to a lump sum payment from 

21 the Fund of the difference between— 

22 ‘‘(I) the amount that was deducted and with23 held from the pay of the covered special agent; and 

24 ‘‘(II) the amount that would have been de25 ducted and withheld from the pay of the covered 


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1 special agent if the covered special agent had made 

2 an election described in clause (iii).’’. 

3 (e) IMPLEMENTATION.— 

4 (1) IN GENERAL.—The Director of the Office of 

5 Personnel Management— 

6 (A) not later than 60 days after the date 

7 of enactment of this Act, and in consultation 

8 with the Secretary of Labor, shall promulgate 

9 regulations regarding determining when an in10 dividual is permanently unable to continue serv11 ice in a covered position (as defined in section 

12 302(d) of the Central Intelligence Agency Re13 tirement Act (50 U.S.C. 2152(d)), as added by 

14 this Act); 

15 (B) shall promulgate regulations to carry 

16 out the amendments made by subsections (a), 

17 (b), and (c); and 

18 (C) not later than 1 year after the date of 

19 enactment of this Act, shall issue guidance for 

20 agencies regarding implementation of the 

21 amendments made by subsections (a), (b), and 

22 (c). 

23 (2) FOREIGN SERVICE RETIREMENT AND DIS24 ABILITY SYSTEM.—The Secretary of State shall proVerDate Sep 11 2014 00:39 Jan 11, 2017 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S29.IS S29

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1 mulgate regulations to carry out the amendment 

2 made by subsection (d). 

3 (f) EFFECTIVE DATE; APPLICABILITY.—The amend4 ments made by this section— 

5 (1) shall take effect on the date of enactment 

6 of this Act; and 

7 (2) shall apply to an individual who suffers an 

8 illness or injury described in section 

9 8336(c)(3)(A)(i)(III) or section 

10 8412(d)(2)(A)(i)(III) of title 5, United States Code, 

11 as amended by this section, section 302(d)(1)(A)(iii) 

12 of the Central Intelligence Agency Retirement Act, 

13 as amended by this section, or section 

14 806(a)(6)(D)(i)(I)(cc) of the Foreign Service Act of 

15 1980, as amended by this section, on or after the 

16 date that is 2 years after the date of enactment of 

17 this Act. 

Æ 


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