I 
111TH CONGRESS 
1ST SESSION 
H. R. 673 
To amend the definition of a law enforcement officer under subchapter III 
of chapter 83 and chapter 84 of title 5, United States Code, respectively, 
to ensure the inclusion of certain positions. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2009 
Mr. FILNER (for himself and Mr. MCHUGH) introduced the following bill; 
which was referred to the Committee on Oversight and Government Reform 
A BILL 
To amend the definition of a law enforcement officer under 
subchapter III of chapter 83 and chapter 84 of title 
5, United States Code, respectively, to ensure the inclu-
sion of certain positions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Law Enforcement Offi-
cers Equity Act’’. 
SEC. 2. AMENDMENTS. 
(a) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 
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(1) IN GENERAL.—Paragraph (17) of section 
8401 of title 5, United States Code, is amended by 
striking ‘‘and’’ at the end of subparagraph (C), and 
by adding at the end the following: 
‘‘(E) an employee (not otherwise covered 
by this paragraph)— 
‘‘(i) the duties of whose position in-
clude the investigation or apprehension of 
individuals suspected or convicted of of-
fenses against the criminal laws of the 
United States; and 
‘‘(ii) who is authorized to carry a fire-
arm; and 
‘‘(F) an employee of the Internal Revenue 
Service, the duties of whose position are pri-
marily the collection of delinquent taxes and the 
securing of delinquent returns;’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
8401(17)(C) of title 5, United States Code, is 
amended by striking ‘‘subparagraph (A) and (B)’’ 
and inserting ‘‘subparagraphs (A), (B), (E), and 
(F)’’. 
(b) CIVIL SERVICE RETIREMENT SYSTEM.—Para-
graph (20) of section 8331 of title 5, United States Code, 
is amended by inserting after ‘‘position.’’ (in the matter 
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before subparagraph (A)) the following: ‘‘For the purpose 
of this paragraph, the employees described in the pre-
ceding provision of this paragraph (in the matter before 
‘including’) shall be considered to include an employee, not 
otherwise covered by this paragraph, who satisfies clauses 
(i)–(ii) of section 8401(17)(E) and an employee of the In-
ternal Revenue Service the duties of whose position are 
as described in section 8401(17)(F).’’. 
(c) EFFECTIVE DATE.—Except as provided in section 
3, the amendments made by this section shall take effect 
on the date of the enactment of this Act, and shall apply 
only in the case of any individual first appointed as a law 
enforcement officer (within the meaning of those amend-
ments) on or after such date. 
SEC. 3. TREATMENT OF SERVICE PERFORMED BY INCUM-
BENTS. 
(a) LAW ENFORCEMENT OFFICER AND SERVICE DE-
SCRIBED.— 
(1) LAW
ENFORCEMENT
OFFICER.—Any ref-
erence to a law enforcement officer described in this 
subsection refers to an individual who satisfies the 
requirements of section 8331(20) or 8401(17) of 
title 5, United States Code (relating to the definition 
of a law enforcement officer) by virtue of the amend-
ments made by section 2. 
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(2) SERVICE.—Any reference to service de-
scribed in this subsection refers to service performed 
as a law enforcement officer (as described in this 
subsection). 
(b) INCUMBENT DEFINED.—For purposes of this sec-
tion, the term ‘‘incumbent’’ means an individual who— 
(1) is first appointed as a law enforcement offi-
cer (as described in subsection (a)) before the date 
of the enactment of this Act; and 
(2) is serving as such a law enforcement officer 
on such date. 
(c) TREATMENT OF SERVICE PERFORMED BY INCUM-
BENTS.— 
(1) IN
GENERAL.—Service described in sub-
section (a) which is performed by an incumbent on 
or after the date of the enactment of this Act shall, 
for all purposes (other than those to which para-
graph (2) pertains), be treated as service performed 
as a law enforcement officer (within the meaning of 
section 8331(20) or 8401(17) of title 5, United 
States Code, as appropriate). 
(2) RETIREMENT.—Service described in sub-
section (a) which is performed by an incumbent be-
fore, on, or after the date of the enactment of this 
Act shall, for purposes of subchapter III of chapter 
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83 and chapter 84 of title 5, United States Code, be 
treated as service performed as a law enforcement 
officer (within the meaning of such section 8331(20) 
or 8401(17), as appropriate), but only if an appro-
priate written election is submitted to the Office of 
Personnel Management within 5 years after the date 
of the enactment of this Act or before separation 
from Government service, whichever is earlier. 
(d) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV-
ICE.— 
(1) IN GENERAL.—An individual who makes an 
election under subsection (c)(2) may, with respect to 
prior service performed by such individual, con-
tribute to the Civil Service Retirement and Disability 
Fund the difference between the unrefunded indi-
vidual contributions made for such service and the 
individual contributions that should have been made 
for such service if the amendments made by section 
2 had then been in effect. 
(2) EFFECT
OF
NOT
CONTRIBUTING.—If no 
part of or less than the full amount required under 
paragraph (1) is paid, all prior service of the incum-
bent shall remain fully creditable as law enforcement 
officer service, but the resulting annuity shall be re-
duced in a manner similar to that described in sec-
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tion 8334(d)(2) of title 5, United States Code, to 
the extent necessary to make up the amount unpaid. 
(3) PRIOR SERVICE DEFINED.—For purposes of 
this section, the term ‘‘prior service’’ means, with re-
spect to any individual who makes an election under 
subsection (c)(2), service (described in subsection 
(a)) performed by such individual before the date as 
of which appropriate retirement deductions begin to 
be made in accordance with such election. 
(e) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERV-
ICE.— 
(1) IN GENERAL.—If an incumbent makes an 
election under subsection (c)(2), the agency in or 
under which that individual was serving at the time 
of any prior service (referred to in subsection (d)) 
shall remit to the Office of Personnel Management, 
for deposit in the Treasury of the United States to 
the credit of the Civil Service Retirement and Dis-
ability Fund, the amount required under paragraph 
(2) with respect to such service. 
(2) AMOUNT REQUIRED.—The amount an agen-
cy is required to remit is, with respect to any prior 
service, the total amount of additional Government 
contributions to the Civil Service Retirement and 
Disability Fund (above those actually paid) that 
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would have been required if the amendments made 
by section 2 had then been in effect. 
(3) 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 sub-
section (d)(3). 
(f) EXEMPTION FROM MANDATORY SEPARATION.— 
Nothing in section 8335(b) or 8425(b) of title 5, United 
States Code, shall cause the involuntary separation of a 
law enforcement officer (as described in subsection (a)) 
before the end of the 3-year period beginning on the date 
of the enactment of this Act. 
(g) REGULATIONS.—The Office shall prescribe regu-
lations to carry out this Act, including— 
(1) provisions in accordance with which interest 
on any amount under subsection (d) or (e) shall be 
computed, based on section 8334(e) of title 5, 
United States Code; and 
(2) provisions for the application of this section 
in the case of— 
(A) any individual who— 
(i) satisfies paragraph (1) (but not 
paragraph (2)) of subsection (b); and 
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(ii) serves as a law enforcement offi-
cer (as described in subsection (a)) after 
the date of the enactment of this Act; and 
(B) any individual entitled to a survivor 
annuity (based on the service of an incumbent, 
or of an individual under subparagraph (A), 
who dies before making an election under sub-
section (c)(2)), to the extent of any rights that 
would then be available to the decedent (if still 
living). 
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to apply in the case of a reem-
ployed annuitant. 
Æ 
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