I 
108TH CONGRESS 
1ST SESSION H. R. 3267
To eliminate certain inequities in the Civil Service Retirement System and 
the Federal Employees’ Retirement System with respect to the computa-
tion of benefits for law enforcement officers, firefighters, air traffic 
controllers, nuclear materials couriers, members of the Supreme Court 
and Capitol police, and their survivors, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2003
Mr. CUMMINGS introduced the following bill; which was referred to the 
Committee on Government Reform 
A BILL 
To eliminate certain inequities in the Civil Service Retire-
ment System and the Federal Employees’ Retirement 
System with respect to the computation of benefits for 
law enforcement officers, firefighters, air traffic control-
lers, nuclear materials couriers, members of the Supreme 
Court and Capitol police, and their survivors, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That this Act may be cited as the ‘‘Federal Employees’ 
Benefits Equity Act of 2001’’.
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CIVIL SERVICE RETIREMENT SYSTEM 
SEC. 2. (a) Section 8339 of title 5, United States 
Code, is amended—
(1) in subsection (d)(1)—
(A) by striking ‘‘(d)(1)’’ and inserting 
‘‘(d)(1)(A)’’; 
(B) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) If, at any age and after completing 
20 years of service as a law enforcement officer, 
firefighter, nuclear materials courier, or mem-
ber of the Supreme Court Police, or any com-
bination of such service totaling at least 20 
years, an employee retires under section 
8336(d)(1), or 8337, the annuity of such em-
ployee shall be computed under subparagraph 
(A).’’; 
(2) in subsection (e)—
(A) by striking ‘‘(e)’’ and inserting 
‘‘(e)(1)’’; and 
(B) by adding at the end the following new 
paragraph:
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‘‘(2) If, at any age and after completing 20 
years of service as an air traffic controller, an em-
ployee retires under section 8336(d)(1) or 8337, 
paragraph (1) shall be applied in computing the an-
nuity of such employee.’’; and 
(3) in subsection (q)—
(A) by striking ‘‘(q)’’ and inserting 
‘‘(q)(1)’’; 
(B) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) If, at any age and after completing 20 
years of service as a member of the Capitol Police 
or as a law enforcement officer (or any combination 
of such service totaling at least 20 years), a member 
or former member of the Capitol Police retires under 
section 8336(d)(1) or 8337, the annuity of such 
member or former member shall be computed under 
paragraph (1).’’. 
(b) Section 8341(d) of title 5, United States Code, 
is amended—
(1) by inserting the following immediately after 
the first sentence: ‘‘For purposes of the preceding
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sentence, subsections (b)–(e), (q), and (r) of section 
8339 shall be considered as applying with respect to 
the employee or Member only if the employee or 
Member satisfied the age and service requirements 
for application of such subsections to the employee 
or Member at the date of death. For this purpose, 
the decedent shall be deemed to have been disabled 
for purposes of retirement under section 8337 at the 
time of death.’’; and 
(2) by striking ‘‘Notwithstanding the preceding 
sentence’’ and inserting ‘‘Notwithstanding the first 
sentence of this subsection’’. 
(c) Section 8342 of title 5, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(k) When an employee—
‘‘(1) has service as a law enforcement officer, 
firefighter, nuclear materials courier, or member of 
the Capitol Police or Supreme Court Police for 
which retirement deductions were withheld under 
section 8334(a) or deposited under section 8334(c) 
at a higher percentage rate than that applicable to 
employees generally; and 
‘‘(2)(A) begins to receive an annuity which is 
not computed under section 8339 (d) or (q) and, in
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the case of a member or former member of the Cap-
itol Police, also does not have his or her service as 
a member of the Capitol Police credited in the com-
putation of an annuity under section 8339 (b) or 
(c); or 
‘‘(B) dies before retiring under this subchapter 
but leaves a survivor entitled to an annuity under 
section 8341 based on the deceased employee’s serv-
ice, provided that—
‘‘(i) such survivor annuity is not based on 
an employee annuity computed under section 
8339 (d) or (q); and 
‘‘(ii) where the decedent was a member or 
former member of the Capitol Police, such sur-
vivor annuity is not based on an annuity com-
puted under section 8339 (b) or (c) which in-
cludes credit for service as a member of the 
Capitol Police—
the difference between the employee deductions for 
such service at the higher percentage rate and the 
employee deductions that would have been withheld 
at the rate applicable to employees generally under 
section 8334(a)(1), together with interest computed 
in accordance with paragraphs (2) and (3) of section 
8334(e) and applicable regulations prescribed by the
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Office, shall be paid to the annuitant or, in the case 
of a deceased employee, to the individual entitled to 
a lump-sum benefit under subsection (c).’’. 
FEDERAL EMPLOYEES’ RETIREMENT SYSTEM 
SEC. 3. (a) Section 8415(d) of title 5, United States 
Code, is amended to read as follows: 
‘‘(d)(1) The annuity of an employee retiring under 
subsection (d) or (e) of section 8412 or under subsection 
(a), (b), (c), or (d) of section 8425 is—
‘‘(A) 17⁄10 percent of that individual’s average 
pay multiplied by so much of such individual’s total 
service as a law enforcement officer, firefighter, 
member of the Capitol Police or Supreme Court Po-
lice, nuclear materials courier, or air traffic con-
troller as does not exceed 20 years; plus 
‘‘(B) 1 percent of that individual’s average pay 
multiplied by the remainder of such individual’s total 
service. 
‘‘(2) If, at any age and after completing 20 years of 
service as a law enforcement officer, firefighter, member 
of the Capitol Police or Supreme Court Police, or nuclear 
materials courier, or any combination of such service total-
ing at least 20 years, an employee retires under section 
8414(b)(1)(A) or 8451, the annuity of such employee shall 
be computed under paragraph (1).