SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES. 
(a) CSRS.—Section 8336(c) of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘(3)(A) In this paragraph— 
‘‘(i) the term ‘affected individual’ means an in-
dividual covered under this subchapter who— 
‘‘(I) is performing service in a covered po-
sition; 
‘‘(II) while on duty, becomes ill or is in-
jured as a direct result of the performance of 
such duties before the date on which the indi-
vidual becomes entitled to an annuity under 
paragraph (1) of this subsection or subsection 
(e), (m), or (n), as applicable; 
‘‘(III) because of the illness or injury de-
scribed in subclause (II), is permanently unable 
to render useful and efficient service in the em-
ployee’s covered position, as determined by the 
agency in which the individual was serving 
when such individual incurred the illness or in-
jury; and 
‘‘(IV) is appointed to a position in the civil 
service that— 
‘‘(aa) is not a covered position; and 
‘‘(bb) is within an agency that regu-
larly appoints individuals to supervisory or 
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administrative positions related to the ac-
tivities of the former covered position of 
the individual; 
‘‘(ii) the term ‘covered position’ means a posi-
tion as a law enforcement officer, customs and bor-
der protection officer, firefighter, air traffic con-
troller, nuclear materials courier, member of the 
Capitol Police, or member of the Supreme Court Po-
lice. 
‘‘(B) Unless an affected individual files an election 
described in subparagraph (E), creditable service by the 
affected individual in a position described in subparagraph 
(A)(i)(IV) shall be treated as creditable service in a cov-
ered position for purposes of this chapter and determining 
the amount to be deducted and withheld from the pay of 
the affected individual under section 8334. 
‘‘(C) Subparagraph (B) shall only apply if the af-
fected employee transitions to a position described in sub-
paragraph (A)(i)(IV) without a break in service exceeding 
3 days. 
‘‘(D) The service of an affected individual shall no 
longer be eligible for treatment under subparagraph (B) 
if such service occurs after the individual— 
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‘‘(i) is transferred to a supervisory or adminis-
trative position related to the activities of the former 
covered position of the individual; or 
‘‘(ii) meets the age and service requirements 
that would subject the individual to mandatory sepa-
ration under section 8335 if such individual had re-
mained in the former covered position. 
‘‘(E) In accordance with procedures established by 
the Director of the Office of Personnel Management, an 
affected individual may file an election to have any cred-
itable service performed by the affected individual treated 
in accordance with this chapter without regard to subpara-
graph (B). 
‘‘(F) Nothing in this paragraph shall be construed 
to apply to such affected individual any other pay-related 
laws or regulations applicable to a covered position.’’. 
(b) FERS.— 
(1) IN GENERAL.—Section 8412(d) of title 5, 
United States Code, is amended— 
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ before ‘‘An em-
ployee’’; and 
(C) by adding at the end the following: 
‘‘(2)(A) In this paragraph— 
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‘‘(i) the term ‘affected individual’ means an in-
dividual covered under this chapter who— 
‘‘(I) is performing service in a covered po-
sition; 
‘‘(II) while on duty, becomes ill or is in-
jured as a direct result of the performance of 
such duties before the date on which the indi-
vidual becomes entitled to an annuity under 
paragraph (1) of this subsection or subsection 
(e), as applicable; 
‘‘(III) because of the illness or injury de-
scribed in subclause (II), is permanently unable 
to render useful and efficient service in the em-
ployee’s covered position, as determined by the 
agency in which the individual was serving 
when such individual incurred the illness or in-
jury; and 
‘‘(IV) is appointed to a position in the civil 
service that— 
‘‘(aa) is not a covered position; and 
‘‘(bb) is within an agency that regu-
larly appoints individuals to supervisory or 
administrative positions related to the ac-
tivities of the former covered position of 
the individual; 
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‘‘(ii) the term ‘covered position’ means a posi-
tion as a law enforcement officer, customs and bor-
der protection officer, firefighter, air traffic con-
troller, nuclear materials courier, member of the 
Capitol Police, or member of the Supreme Court Po-
lice. 
‘‘(B) Unless an affected individual files an election 
described in subparagraph (E), creditable service by the 
affected individual in a position described in subparagraph 
(A)(i)(IV) shall be treated as creditable service in a cov-
ered position for purposes of this chapter and determining 
the amount to be deducted and withheld from the pay of 
the affected individual under section 8422. 
‘‘(C) Subparagraph (B) shall only apply if the af-
fected employee transitions to a position described in sub-
paragraph (A)(i)(IV) without a break in service exceeding 
3 days. 
‘‘(D) The service of an affected individual shall no 
longer be eligible for treatment under subparagraph (B) 
if such service occurs after the individual— 
‘‘(i) is transferred to a supervisory or adminis-
trative position related to the activities of the former 
covered position of the individual; or 
‘‘(ii) meets the age and service requirements 
that would subject the individual to mandatory sepa-
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ration under section 8425 if such individual had re-
mained in the former covered position. 
‘‘(E) In accordance with procedures established by 
the Director of the Office of Personnel Management, an 
affected individual may file an election to have any cred-
itable service performed by the affected individual treated 
in accordance with this chapter without regard to subpara-
graph (B). 
‘‘(F) Nothing in this paragraph shall be construed 
to apply to such affected individual any other pay-related 
laws or regulations applicable to a covered position.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) Chapter 84 of title 5, United States 
Code, is amended— 
(i) in section 8414(b)(3), by inserting 
‘‘(1)’’ after ‘‘subsection (d)’’; 
(ii) in section 8415— 
(I) in subsection (e), in the mat-
ter preceding paragraph (1), by in-
serting ‘‘(1)’’ after ‘‘subsection (d)’’; 
and 
(II) in subsection (h)(2)(A), by 
striking 
‘‘(d)(2)’’ 
and 
inserting 
‘‘(d)(1)(B)’’; 
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ice Act of 1980 (22 U.S.C. 4046(a)(6)) is amended by 
adding at the end the following: 
‘‘(D)(i) In this subparagraph— 
‘‘(I) the term ‘affected special agent’ means an 
individual covered under this subchapter who— 
‘‘(aa) is performing service as a special 
agent; 
‘‘(bb) while on duty as a special agent, be-
comes ill or is injured as a direct result of the 
performance of such duties before the date on 
which the individual becomes entitled to an an-
nuity under section 811; 
‘‘(cc) because of the illness or injury de-
scribed in item (bb), is permanently unable to 
render useful and efficient service in the em-
ployee’s covered position, as determined by the 
Secretary; and 
‘‘(dd) is appointed to a position in the For-
eign Service that is not a covered position; and 
‘‘(II) the term ‘covered position’ means a posi-
tion as— 
‘‘(aa) a law enforcement officer described 
in section 8331(20) or 8401(17) of title 5, 
United States Code; 
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‘‘(bb) a customs and border protection offi-
cer described in section 8331(31) or 8401(36) 
of title 5, United States Code; 
‘‘(cc) a firefighter described in section 
8331(21) or 8401(14) of title 5, United States 
Code; 
‘‘(dd) an air traffic controller described in 
section 8331(30) or 8401(35) of title 5, United 
States Code; 
‘‘(ee) a nuclear materials courier described 
in section 8331(27) or 8401(33) of title 5, 
United States Code; 
‘‘(ff) a member of the United States Cap-
itol Police; 
‘‘(gg) a member of the Supreme Court Po-
lice; 
‘‘(hh) an employee of the Agency des-
ignated under section 302(a) of the Central In-
telligence Agency Retirement Act (50 U.S.C. 
2152(a)); or 
‘‘(ii) a special agent. 
‘‘(ii) Unless an affected special agent files an election 
described in clause (iv), creditable service by the affected 
special agent in a position described in clause (i)(I)(dd) 
shall be treated as creditable service as a special agent 
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for purposes of this subchapter, including determining the 
amount to be deducted and withheld from the pay of the 
individual under section 805. 
‘‘(iii) Clause (ii) shall only apply if the special agent 
transitions to a position described in clause (i)(I)(dd) 
without a break in service exceeding 3 days. 
‘‘(iv) The service of an affected employee shall no 
longer be eligible for treatment under clause (ii) if such 
service occurs after the employee is transferred to a super-
visory or administrative position related to the activities 
of the former covered position of the employee. 
‘‘(v) In accordance with procedures established by the 
Secretary, an affected special agent may file an election 
to have any creditable service performed by the affected 
special agent treated in accordance with this subchapter, 
without regard to clause (ii).’’. 
(e) IMPLEMENTATION.— 
(1) OFFICE
OF
PERSONNEL
MANAGEMENT.— 
Not later than 1 year after the date of enactment 
of this Act, the Director of the Office of Personnel 
Management shall promulgate regulations to carry 
out the amendments made by subsections (a) and 
(b). 
(2) CIA EMPLOYEES.—The Director of the 
Central Intelligence Agency shall promulgate regula-
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tions to carry out the amendment made by sub-
section (c). 
(3) FOREIGN SERVICE RETIREMENT AND DIS-
ABILITY SYSTEM.—The Secretary of State shall pro-
mulgate regulations to carry out the amendment 
made by subsection (d). 
(4) AGENCY CERTIFICATION.—The regulations 
promulgated to carry out the amendments made by 
this Act shall include a requirement that the head 
of the agency at which an affected employee or spe-
cial agent (as the case may be) incurred the applica-
ble illness or injury certifies that such illness or in-
jury— 
(A) was incurred in the course of the em-
ployee’s or special agent’s duties; and 
(B) permanently precludes the employee or 
special agent from rendering useful and effi-
cient service in the covered position but would 
not preclude the employee or special agent from 
continuing to serve in the Federal service. 
(5) AGENCY
REAPPOINTMENT.—The regula-
tions promulgated to carry out the amendments 
made by this Act shall ensure that, to the greatest 
extent possible, the head of each agency appoints af-
fected employees or special agents to supervisory or 
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administrative positions related to the activities of 
the former covered position of the employee or spe-
cial agent. 
(6) TREATMENT OF SERVICE.—The regulations 
promulgated to carry out the amendments made by 
this Act shall ensure that the creditable service of an 
affected employee or special agent (as the case may 
be) that is not in a covered position pursuant to an 
election made under such amendments shall be 
treated as the same type of service as the covered 
position in which the employee or agent suffered the 
qualifying illness or injury. 
(f) EFFECTIVE DATE; APPLICABILITY.—The amend-
ments made by this Act— 
(1) shall take effect on the date of enactment 
of this Act; and 
(2) shall apply to an individual who suffers an 
illness 
or 
injury 
described 
in 
section 
8336(c)(3)(A)(i)(II) or section 8412(d)(2)(A)(i)(II) 
of title 5, United States Code, as amended by this 
section, section 302(d)(1)(A)(ii) of the Central Intel-
ligence Agency Retirement Act, as amended by this 
section, or section 806(a)(6)(D)(i)(I)(bb) of the For-
eign Service Act of 1980, as amended by this sec-
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tion, on or after the date that is 2 years after the 
date of enactment of this Act. 
Æ 
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