I 
111TH CONGRESS 
1ST SESSION H. R. 3833 
To amend chapters 81, 83, and 84 of title 5, United States Code, to provide 
for enhanced benefits for survivors of Federal public safety officers 
killed in the line of duty. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 15, 2009 
Mr. HALL of New York introduced the following bill; which was referred to 
the Committee on Oversight and Government Reform 
A BILL 
To amend chapters 81, 83, and 84 of title 5, United States 
Code, to provide for enhanced benefits for survivors of 
Federal public safety officers killed in the line of duty. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. COMPENSATION FOR WORK INJURIES. 
Section 8133 of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(g)(1) This subsection applies in the case of any em-
ployee who has died as the direct and proximate result 
of a personal injury sustained in the line of duty as a pub-
lic safety officer (within the meaning of section 1204 of 
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the Omnibus Crime Control and Safe Streets Act of 
1968), as determined under section 1201 of such Act. 
‘‘(2) In the computation of any monthly compensa-
tion under this section based on the death of an employee 
described in paragraph (1), the monthly pay used in any 
such computation (before the application of subsection (e)) 
shall be determined based on the pay grade or level which 
is 1 grade or level higher than the grade or level that, 
but for this subsection, would otherwise apply. 
‘‘(3) Nothing in this subsection shall be considered 
to affect any computation to the extent that the otherwise 
applicable pay grade or level was the highest grade or level 
in effect, at the time of the service for which the pay was 
payable, under the pay schedule or system involved.’’. 
SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM. 
Section 8341 of title 5, United States Code, is 
amended by inserting after subsection (i) the following: 
‘‘(j)(1) This subsection applies in the case of any em-
ployee who has died as the direct and proximate result 
of a personal injury sustained in the line of duty as a pub-
lic safety officer (within the meaning of section 1204 of 
the Omnibus Crime Control and Safe Streets Act of 
1968), as determined under section 1201 of such Act. 
‘‘(2) In the computation of any survivor annuity 
under this section based on the death of an employee de-
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scribed in paragraph (1), the average pay used in any such 
computation (to compute such survivor annuity as a per-
centage of an annuity imputed to the employee or a por-
tion thereof) shall, for each rate of basic pay used in the 
computation of such average pay, be determined using the 
pay grade or level which is 1 grade or level higher than 
the grade or level that, but for this subsection, would oth-
erwise apply. 
‘‘(3) Nothing in this subsection shall be considered 
to affect any computation to the extent that the otherwise 
applicable pay grade or level was the highest grade or level 
in effect, at the time of the service for which the pay was 
payable, under the pay schedule or system involved.’’. 
SEC. 3. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM. 
(a) IN GENERAL.—Subchapter IV of chapter 84 of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘§ 8446. Computations based on the death of a public 
safety officer who dies as a result of inju-
ries sustained in the line of duty 
‘‘(a) This subsection applies in the case of any em-
ployee who has died as the direct and proximate result 
of a personal injury sustained in the line of duty as a pub-
lic safety officer (within the meaning of section 1204 of 
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the Omnibus Crime Control and Safe Streets Act of 
1968), as determined under section 1201 of such Act. 
‘‘(b) In the computation of any survivor annuity 
under this subchapter based on the death of an employee 
described in subsection (a), the average pay used in any 
such computation (to compute such survivor annuity as 
a percentage of an annuity imputed to the employee or 
a portion thereof) shall, for each rate of basic pay used 
in the computation of such average pay, be determined 
using the pay grade or level which is 1 grade or level high-
er than the grade or level that, but for this section, would 
otherwise apply. 
‘‘(c) Nothing in this section shall be considered to af-
fect any computation to the extent that the otherwise ap-
plicable pay grade or level was the highest grade or level 
in effect, at the time of the service for which the pay was 
payable, under the pay schedule or system involved.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 84 of title 5, United States Code, is amended 
by inserting after the item relating to section 8445 the 
following: 
‘‘8446. Computations based on the death of a public safety officer who dies as 
a result of injuries sustained in the line of duty.’’. 
SEC. 4. EFFECTIVE DATE; EXCEPTION. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), the amendments made by this Act shall apply 
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with respect to deaths occurring on or after the date of 
the enactment of this Act. 
(b) EXCEPTION.— 
(1) IN GENERAL.—Any individual who, as of 
the date of the enactment of this Act, is entitled (or 
would, on application, be entitled) to monthly com-
pensation under chapter 81 of title 5, United States 
Code, or an annuity under chapter 83 or 84 of such 
title 5, as the survivor of a Federal public safety of-
ficer who died on or after January 1, 1974, shall, 
upon application submitted within 12 months after 
the date of the enactment of this Act, be entitled to 
have such compensation or annuity recomputed as if 
the amendments made by this Act had been in effect 
at the time of such employee’s death. 
(2) COMMENCEMENT
DATE.—Any recomputa-
tion of compensation or annuity under this sub-
section shall be effective as of the commencement 
date of such compensation or annuity. 
(3) LUMP-SUM
PAYMENTS.—Any amount be-
coming payable to an individual under this sub-
section with respect to any portion of the period be-
ginning on January 1, 1974, and ending on the date 
as of which regular monthly compensation or sur-
vivor annuity payments for such individual are ad-
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justed to reflect the recomputation required under 
paragraph (1) shall be payable in a lump-sum pay-
ment, subject to paragraph (4). 
(4) FUNDING.— 
(A) IN GENERAL.—There are authorized to 
be appropriated, out of general funds in the 
Treasury, such sums as may be necessary to 
make the lump-sum payments described in 
paragraph (3). 
(B) LIMITATION.—To the extent that the 
total amount appropriated under subparagraph 
(A) is less than the total amounts which (but 
for this subparagraph) would otherwise be pay-
able under this subsection, each amount under 
paragraph (1) shall be reduced by a propor-
tionate share of the shortfall, determined sepa-
rately for— 
(i) benefits under chapter 81 of title 
5, United States Code; and 
(ii) benefits under chapters 83 and 84 
of such title, respectively. 
(5) DEFINITION.—For purposes of this sub-
section, the term ‘‘Federal public safety officer’’ re-
fers to an employee described in section 8133(g)(1), 
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8341(j)(1), or 8446(a) of title 5, United States 
Code, as amended by this Act. 
(c) REGULATIONS.—Any regulations necessary to 
carry out this Act or the amendments made by this Act 
may— 
(1) with respect to benefits under chapter 81 of 
title 5, United States Code, be prescribed by the 
Secretary of Labor; and 
(2) with respect to benefits under chapter 83 or 
84 of such title, be prescribed by the Director of the 
Office of Personnel Management. 
Æ 
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