Law Enforcement Officers Equity Act

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. Short title This Act may be cited as the Law Enforcement Officers Equity Act 2. Including certain positions within the definition of law enforcement officer for purposes of retirement (a) Federal Employees Retirement System (1) In general Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking and (E) an employee (not otherwise covered by this paragraph)— (i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and (ii) who is authorized to carry a firearm; (F) an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns; (G) an employee of the United States Postal Inspection Service; and (H) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38; . (2) Conforming amendment Section 8401(17)(C) of title 5, United States Code, is amended by striking subparagraph (A) and (B) subparagraphs (A), (B), (E), (F), (G), and (H) (b) Civil Service Retirement System Paragraph (20) of section 8331 of title 5, United States Code, is amended in the matter before subparagraph (A) by inserting after position. For the purpose of this paragraph, the employees described in the preceding provision of this paragraph (in the matter before including (c) Application The amendments made by this section shall apply— (1) to any individual appointed as a law enforcement officer under section 8331(20) or 8401(17) of title 5, United States Code, (as the case may be), as amended this section, after the date of enactment of this Act; and (2) to any incumbent (as defined in section 3(g)(2)), consistent with the requirements of section 3. 3. Incumbent law enforcement officers (a) Treatment of service performed by incumbents (1) Service on or after date of enactment Service performed by an incumbent on or after the date of the enactment of this Act shall be treated as service performed as a law enforcement officer under section 8331(20) or 8401(17) of title 5, United States Code, (as the case may be), as amended by section 2. (2) Service before date of enactment Service performed by an incumbent before the date of the enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 (b) Individual contributions for prior service (1) In general An incumbent who makes an election under subsection (a)(2) may, with respect to prior service performed by such incumbent, pay a deposit into the Civil Service Retirement and Disability Fund equal to the sum of— (A) the difference between— (i) the amount that would have been deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code, from the pay of the incumbent if the amendments made by section 2 had been in effect during such prior service; and (ii) the amount that was deducted during the period of prior service under section 8334 or 8422 of such title; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with paragraphs (2) and (3) of section 8334(e) of such title and regulations promulgated by the Office. (2) Effect of not contributing If no part of or less than the full amount of the deposit described under paragraph (1) is paid by an incumbent, all prior service of the incumbent shall remain fully creditable as a law enforcement officer, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid. (c) Government contributions for prior service (1) In general If an incumbent makes an election under subsection (a)(2), any employing agency that the incumbent was serving at the time of any prior service shall remit to the Office, for deposit in the Fund, an amount equal to the sum of— (A) the difference between— (i) the total amount of Government contributions that would have been paid under section 8334 or 8423 of title 5, United States Code, if the amendments made by section 2 had been in effect during such service; and (ii) the total amount of Government contributions paid under section 8334 or 8423 of such title; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with paragraphs (2) and (3) of section 8334(e) of such title and regulations promulgated by the Office. (2) Contributions to be made ratably Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in subsection (g)(5). (d) Exemption from mandatory separation Notwithstanding section 8335(b) or 8425(b) of title 5, United States Code, a law enforcement officer shall not be subject to mandatory separation during the 3-year period beginning on the date of the enactment of this Act. (e) Regulations The Office shall prescribe regulations to carry out this Act, including regulations for the application of this section in the case of any individual entitled to a survivor annuity (based on the service of an incumbent who dies before making an election under subsection (a)(2)), to the extent of any rights that would then be available to the decedent (if still living). (f) Rule of construction Nothing in this section shall be considered to apply in the case of a reemployed annuitant. (g) Definitions In this section— (1) the term Fund (2) the term incumbent (A) is first appointed as a law enforcement officer before the date of the enactment of this Act; and (B) is serving as such a law enforcement officer on such date; (3) the term law enforcement officer (4) the term Office (5) the term prior service (6) the term service

Summary: Law Enforcement Officers Equity Act Amends the definition of the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm, (2) such employees of the Internal Revenue Service (IRS) whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns, (3) an employee of the U.S. Postal Inspection Service, and (4) an employee of the Department of Veterans Affairs who is a department police officer. Requires such service that is performed by an incumbent law enforcement officer: (1) on or after enactment of this Act to be treated for all purposes other than retirement as service performed as a law enforcement officer; and (2) before enactment of this Act to be treated for federal retirement purposes as service performed as such an officer only if a written election is submitted to the Office of Personnel Management within five years after enactment of this Act or before separation from government service, whichever is earlier. Allows an incumbent who makes an election to be treated as a law enforcement officer to pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. Provides that nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the mandatory separation of an officer during the three-year period beginning on the enactment of this Act.