I 
115TH CONGRESS 
1ST SESSION 
H. R. 964 
To amend title 5, United States Code, to include certain Federal positions 
within the definition of law enforcement officer for retirement purposes, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2017 
Mr. KING of New York (for himself and Mr. PASCRELL) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform 
A BILL 
To amend title 5, United States Code, to include certain 
Federal positions within the definition of law enforce-
ment officer for retirement purposes, and for other pur-
poses. 
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’’. 
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SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFI-
NITION OF LAW ENFORCEMENT OFFICER 
FOR PURPOSES OF RETIREMENT. 
(a) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 
Section 8401(17) of title 5, United States Code, is amend-
ed— 
(1) in subparagraph (C)— 
(A) by striking ‘‘subparagraph (A) and 
(B)’’ and inserting ‘‘subparagraphs (A), (B), 
(E), (F), (G), (H), and (I)’’; and 
(B) by striking ‘‘and’’ at the end; and 
(2) 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; 
‘‘(F) an employee of the Internal Revenue 
Service, the duties of whose position are pri-
marily the— 
‘‘(i) collection of delinquent taxes; and 
‘‘(ii) securing of delinquent returns; 
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‘‘(G) an employee of the United States 
Postal Inspection Service; 
‘‘(H) an employee of the Department of 
Veterans Affairs who is a Department police of-
ficer under section 902 of title 38; and 
‘‘(I) an employee of U.S. Customs and 
Border Protection— 
‘‘(i) who is a seized property specialist 
in the GS–1801 job series; and 
‘‘(ii) the duties of whose position in-
clude activities relating to the efficient and 
effective custody, management, and dis-
position of seized and forfeited property;’’. 
(b) CIVIL SERVICE RETIREMENT SYSTEM.—Section 
8331(20) of title 5, United States Code, is amended, in 
the matter preceding subparagraph (A)— 
(1) by inserting ‘‘and an individual described in 
any of subparagraphs (E) through (I) of section 
8401(17)’’ after ‘‘United States’’; and 
(2) by striking ‘‘this activity’’ and inserting 
‘‘such activity or described in any such subpara-
graph’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply to any— 
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(1) individual who is appointed as a law en-
forcement officer— 
(A) as defined in section 8331(20) or 
8401(17) of title 5, United States Code (as 
amended by this section); and 
(B) on or after the date of enactment of 
this Act; and 
(2) incumbent (as defined in section 3(a)(3)), 
consistent with the requirements of section 3. 
SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Director’’ means the Director of 
the Office of Personnel Management; 
(2) the term ‘‘Fund’’ means the Civil Service 
Retirement and Disability Fund; 
(3) the term ‘‘incumbent’’ means an individual 
who— 
(A) was appointed as a law enforcement 
officer before the date of enactment of this Act; 
and 
(B) is serving as a law enforcement officer 
on the date of enactment of this Act; 
(4) the term ‘‘law enforcement officer’’ means 
an individual who satisfies the requirements of sec-
tion 8331(20) or 8401(17) of title 5, United States 
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Code, by virtue of the amendments made by section 
2; 
(5) the term ‘‘prior service’’ means, with re-
spect to an incumbent who makes an election under 
subsection (b)(2), service performed by the incum-
bent before the date on which appropriate retirement 
deductions begin to be made under the election; and 
(6) the term ‘‘service’’ means service performed 
by an individual as a law enforcement officer. 
(b) TREATMENT OF SERVICE PERFORMED BY IN-
CUMBENTS.— 
(1) SERVICE ON OR AFTER DATE OF ENACT-
MENT.—Service performed by an incumbent on or 
after the date of enactment of this Act shall be 
treated as service performed as a law enforcement 
officer. 
(2) SERVICE BEFORE DATE OF ENACTMENT.— 
Service performed by an incumbent before the date 
of enactment of this Act shall, for purposes of sub-
chapter III of chapter 83 and chapter 84 of title 5, 
United States Code, be treated as service performed 
as a law enforcement officer only if the incumbent 
submits a written election to the Director by the ear-
lier of— 
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(A) the date that is 5 years after the date 
of enactment of this Act; or 
(B) the day before the date on which the 
incumbent separates from the service. 
(c) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV-
ICE.— 
(1) IN GENERAL.—An incumbent who makes an 
election under subsection (b)(2) may, with respect to 
prior service performed by the incumbent, pay a de-
posit into the Fund equal to the sum of— 
(A) the difference between— 
(i) the amount that would have been 
deducted during the period of prior service 
under section 8334 or 8422 of title 5, 
United States Code, from the pay of the 
incumbent if the amendments made by sec-
tion 2 had been in effect during the prior 
service; and 
(ii) the amount that was deducted 
during the period of prior service under 
section 8334 or 8422 of title 5, United 
States Code; and 
(B) interest on the amount described in 
subparagraph (A)(i), as computed under— 
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(i) paragraphs (2) and (3) of section 
8334(e) of title 5, United States Code; and 
(ii) regulations promulgated by the 
Director. 
(2) EFFECT OF NOT CONTRIBUTING.—If an in-
cumbent does not pay the full amount of the deposit 
described in paragraph (1), all prior service of the 
incumbent— 
(A) shall remain fully creditable as a law 
enforcement officer; and 
(B) the resulting annuity shall be re-
duced— 
(i) in a manner similar to that de-
scribed in section 8334(d)(2) of title 5, 
United States Code; and 
(ii) to the extent necessary to make 
up the amount unpaid. 
(d) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERV-
ICE.— 
(1) IN GENERAL.—If an incumbent makes an 
election under subsection (b)(2), an agency that em-
ployed the incumbent during any prior service of the 
incumbent shall remit to the Director, for deposit in 
the Fund, an amount equal to the sum of— 
(A) the difference between— 
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(i) the total amount of Government 
contributions that would have been paid 
under section 8334 or 8423 of title 5, 
United States Code, if the amendments 
made by section 2 had been in effect dur-
ing the prior service; and 
(ii) the total amount of Government 
contributions paid under section 8334 or 
8423 of title 5, United States Code; and 
(B) interest on the amount described in 
subparagraph (A)(i), as computed in accordance 
with— 
(i) paragraphs (2) and (3) of section 
8334(e) of title 5, United States Code; and 
(ii) regulations promulgated by the 
Director. 
(2) CONTRIBUTIONS TO BE MADE RATABLY.— 
Government contributions under this subsection on 
behalf of an incumbent shall be made by the agency 
ratably (not less frequently than annually) over the 
10-year period beginning on the date described in 
subsection (a)(5). 
(e) EXEMPTION FROM MANDATORY SEPARATION.— 
Notwithstanding section 8335(b) or 8425(b) of title 5, 
United States Code, a law enforcement officer shall not 
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be subject to mandatory separation during the 3-year pe-
riod beginning on the date of enactment of this Act. 
(f) REGULATIONS.—The Director shall prescribe reg-
ulations to carry out this Act, including regulations for 
the application of this section in the case of any individual 
entitled to a survivor annuity (based on the service of an 
incumbent who dies before making an election under sub-
section (b)(2)), to the extent of any rights that would have 
been available to the decedent if still living. 
(g) 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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