I 
118TH CONGRESS 
2D SESSION H. R. 10158 
To extend the break-in-service consideration for firefighter retirements, and 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2024 
Mr. HARDER of California (for himself and Mr. SCOTT FRANKLIN of Florida) 
introduced the following bill; which was referred to the Committee on 
Oversight and Accountability 
A BILL 
To extend the break-in-service consideration for firefighter 
retirements, and other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONTINUING ACCRUAL OF SERVICE FOR FIRE-
FIGHTERS. 
(a) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 
Section 8401(14) of title 5, United States Code, is amend-
ed to read as follows: 
‘‘(14) the term ‘firefighter’ means— 
‘‘(A) an employee, the duties of whose po-
sition— 
VerDate Sep 11 2014 
00:28 Nov 19, 2024
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H10158.IH
H10158
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(ii) while serving in such supervisory 
or administrative position, has no break in 
service; or 
‘‘(D) an employee who— 
‘‘(i) occupies a supervisory or admin-
istrative position after performing duties 
described in subparagraph (B) for not less 
than 3 years; and 
‘‘(ii) has not more than 24 months in 
total time of breaks in service;’’. 
(b) SERVICE BEFORE DATE OF ENACTMENT.— 
(1) IN GENERAL.—Subject to the requirements 
under paragraph (2), service performed before the 
date of enactment of this Act by an individual who, 
on the date of enactment of this Act, is an employee 
(as defined in section 8401(11) of title 5, United 
States Code) shall, for the purposes of chapter 84 of 
title 5, United States Code, be treated as service 
performed by a firefighter if— 
(A) such service was performed during the 
period beginning on October 1, 2003, and end-
ing on the day before the date of enactment of 
this Act; 
(B) at the time of performing such serv-
ice— 
VerDate Sep 11 2014 
00:28 Nov 19, 2024
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H10158.IH
H10158
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(i) the individual did not meet the re-
quirements to be a firefighter under sec-
tion 8401(14) of title 5, United States 
Code, because of a break in service; and 
(ii) would have met the requirements 
to 
be 
a 
firefighter 
under 
section 
8401(14)(D) of title 5, United States 
Code, as amended by this Act; and 
(C) 
appropriate 
deductions 
and 
withholdings under sections 8422 and 8423 of 
title 5, United States Code, were made during 
such service. 
(2) CREDIT FOR SERVICE.—To receive credit 
for eligible service under paragraph (1), the applica-
ble individual shall— 
(A) before the date on which the individual 
separates from service in the agency in which 
the individual holds a position on the date of 
enactment of this Act, submit a written election 
to the agency employing the individual; 
(B) if the individual is not employed by the 
agency that employed the individual when the 
service described in paragraph (1) was per-
formed, submit a written election to such agen-
cy; and 
VerDate Sep 11 2014 
00:28 Nov 19, 2024
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H10158.IH
H10158
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(C) remit to the agency that employed the 
individual when such service was performed the 
additional amount that would have been de-
ducted during the period of prior service under 
section 8422 of title 5, United States Code, 
from the pay of the individual if the amend-
ments made by subsection (a) had been in ef-
fect during the prior service, plus any applicable 
interest computed under section 8334(e) of title 
5, United States Code. 
(3) GOVERNMENT CONTRIBUTIONS.—If an indi-
vidual remits payment under paragraph (2)(C) with 
respect to service described in paragraph (1), the 
agency that employed the individual when such serv-
ice was performed shall remit to the Office of Per-
sonnel Management (for deposit in the Treasury of 
the United States to the credit of the Civil Service 
Retirement and Disability Fund) the total additional 
amount of Federal contributions that would have 
been paid under section 8423 of title 5, United 
States Code, if the amendments made by subsection 
(a) had been in effect during the prior service, plus 
any applicable interest computed in accordance with 
section 8334(e) of title 5, United States Code. 
VerDate Sep 11 2014 
00:28 Nov 19, 2024
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H10158.IH
H10158
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(4) NOTIFICATION AND ASSISTANCE REQUIRE-
MENTS.—The Director of the Office of Personnel 
Management shall— 
(A) take such action as may be necessary 
and appropriate to inform individuals entitled 
to have any service credited under this sub-
section, or to have any annuity computed under 
this subsection, of the entitlement to the credit 
or computation; and 
(B) upon request, assist any individual de-
scribed in subparagraph (A) in obtaining such 
information in the possession of the Secretary 
of Agriculture or the Secretary of the Interior, 
as applicable, as may be necessary to verify the 
entitlement of the individual to have any service 
credited, or to have any annuity computed, pur-
suant to this subsection. 
(5) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to permit or require the 
making of any contribution to the Thrift Savings 
Fund that would not otherwise have been permitted 
or required but for the enactment of this section. 
Æ 
VerDate Sep 11 2014 
00:28 Nov 19, 2024
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H10158.IH
H10158
kjohnson on DSK7ZCZBW3PROD with $$_JOB