I 
113TH CONGRESS 
2D SESSION 
H. R. 5863 
To amend title 5, United States Code, to apply certain annuity benefits 
to Federal Protective Service law enforcement officers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 11, 2014 
Mr. CARSON of Indiana introduced the following bill; which was referred to 
the Committee on Oversight and Government Reform 
A BILL 
To amend title 5, United States Code, to apply certain 
annuity benefits to Federal Protective Service law en-
forcement officers, and for other purposes. 
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 ‘‘Federal Protective 
Service Parity Act of 2014’’. 
SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM AND FED-
ERAL EMPLOYEES RETIREMENT SYSTEM. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.— 
(1) DEFINITION.—Section 8331 of title 5, 
United States Code is amended— 
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(A) in paragraph (31), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (32), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(33) the term ‘Federal Protective Service law 
enforcement officer’ means an employee in the Fed-
eral Protective Service of the Department of Home-
land Security— 
‘‘(A) who holds a position within the GS– 
0083, GS–0080, GS–1801, or GS–1811 job se-
ries (determined applying the criteria in effect 
as of September 1, 2007) or any successor posi-
tion; and 
‘‘(B) who are authorized to carry firearms 
and empowered to make arrests in the perform-
ance of duties related to the protection of build-
ings, grounds and property that are owned, oc-
cupied, or secured by the Federal Government 
(including any agency, instrumentality or wholly 
owned or mixed-ownership corporation thereof) 
and the persons on the property, including any 
such employee who is transferred directly to a 
supervisory or administrative position in the 
Department of Homeland Security after per-
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forming such duties in 1 or more positions (as 
described under subparagraph (A)) for at least 
3 years.’’. 
(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS-
ITS.—Section 8334 of title 5, United States Code, is 
amended— 
(A) in subsection (a)(1)(A), by inserting 
‘‘Federal Protective Service law enforcement of-
ficer,’’ before ‘‘or customs and border protec-
tion officer,’’; and 
(B) in the table contained in subsection 
(c), by adding at the end the following: 
‘‘Federal Protective 
Service Law Enforce-
ment Officer 
7.5 
On or after the effective 
date in section 2(e) of 
the Federal Protec-
tive Service Parity 
Act of 2014.’’. 
(3) MANDATORY SEPARATION.—The first sen-
tence of section 8335(b)(1) of title 5, United States 
Code, is amended by inserting ‘‘Federal Protective 
Service law enforcement officer,’’ before ‘‘or customs 
and border protection officer’’. 
(4) IMMEDIATE RETIREMENT.—Section 8336 of 
title 5, United States Code, is amended— 
(A) in subsection (c)(1), by inserting ‘‘Fed-
eral Protective Service law enforcement officer,’’ 
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before ‘‘or customs and border protection offi-
cer’’; and 
(B) in subsections (m) and (n), by insert-
ing ‘‘as a Federal Protective Service law en-
forcement officer,’’ before ‘‘or as a customs and 
border protection officer,’’. 
(b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 
(1) DEFINITION.—Section 8401 of title 5, 
United States Code, is amended— 
(A) in paragraph (37), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (38), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(39) ‘Federal Protective Service law enforce-
ment officer’ means an employee in the Federal Pro-
tective Service of the Department of Homeland Se-
curity— 
‘‘(A) who holds a position within the GS– 
0083, GS–0080, GS–1801, or GS–1811 job se-
ries (determined applying the criteria in effect 
as of September 1, 2007) or any successor posi-
tion; and 
‘‘(B) who are authorized to carry firearms 
and empowered to make arrests in the perform-
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ance of duties related to the protection of build-
ings, grounds and property that are owned, oc-
cupied, or secured by the Federal Government 
(including any agency, instrumentality or wholly 
owned or mixed-ownership corporation thereof) 
and the persons on the property, including any 
such employee who is transferred directly to a 
supervisory or administrative position in the 
Department of Homeland Security after per-
forming such duties in 1 or more positions (as 
described under subparagraph (A)) for at least 
3 years.’’. 
(2) IMMEDIATE RETIREMENT.—Paragraphs (1) 
and (2) of section 8412(d) of title 5, United States 
Code, are amended by inserting ‘‘Federal Protective 
Service law enforcement officer,’’ before ‘‘or customs 
and border protection officer,’’. 
(3) COMPUTATION OF BASIC ANNUITY.—Section 
8415(i)(2) of title 5, United States Code, is amend-
ed by inserting ‘‘Federal Protective Service law en-
forcement officer,’’ before ‘‘or customs and border 
protection officer’’. 
(4) DEDUCTIONS FROM PAY.—The table con-
tained in section 8422(a)(3) of title 5, United States 
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Code, is amended by adding at the end the fol-
lowing: 
‘‘Federal Protective 
Service Law Enforce-
ment Officer 
7.5 
On or after the effective 
date in section 2(e) of 
the Federal Protec-
tive Service Parity 
Act of 2014.’’. 
(5) GOVERNMENT
CONTRIBUTIONS.—Section 
8423(a) of title 5, United States Code, is amend-
ed— 
(A) in paragraph (1)(B)(i) by inserting 
‘‘Federal Protective Service law enforcement of-
ficer,’’ before ‘‘customs and border protection 
officers,’’; and 
(B) in paragraph (3)(A) by inserting 
‘‘Federal Protective Service law enforcement of-
ficer,’’ before ‘‘customs and border protection 
officers,’’. 
(6) 
MANDATORY
SEPARATION.—Section 
8425(b)(1) of title 5, United States Code, is amend-
ed by inserting ‘‘Federal Protective Service law en-
forcement officer,’’ before ‘‘or customs and border 
protection officer’’ the each place it appears. 
(c) MAXIMUM AGE FOR ORIGINAL APPOINTMENT.— 
Section 3307 of title 5, United States Code, is amended 
by adding at the end the following: 
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‘‘(h) The Secretary of Homeland Security may deter-
mine and fix the maximum age limit for an original ap-
pointment to a position as a Federal Protective Service 
law enforcement officer, as defined in section 8401.’’. 
(d) REGULATIONS.—Any regulations necessary to 
carry out the amendments made by this section shall be 
issued by the Director of the Office of Personnel Manage-
ment in consultation with the Secretary of Homeland Se-
curity. 
(e) EFFECTIVE DATE; TRANSITION RULES; FUND-
ING.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall become effective on the later of 
the first day of the first pay period of fiscal year 
2015 or the first day of the first pay period begin-
ning at least 6 months after the date of enactment 
of this Act. 
(2) TRANSITION RULES.— 
(A) NONAPPLICABILITY
OF
MANDATORY 
SEPARATION PROVISIONS TO CERTAIN INDIVID-
UALS.—The amendments made by subsections 
(a)(3) and (b)(6), respectively, shall not apply 
to an individual first appointed as a Federal 
Protective Service law enforcement officer be-
fore the effective date under paragraph (1). 
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(B) TREATMENT OF PRIOR FEDERAL PRO-
TECTIVE SERVICE LAW ENFORCEMENT OFFICER 
SERVICE.— 
(i) GENERAL RULE.—Except as pro-
vided in clause (ii), nothing in this section 
shall be considered to apply with respect to 
any service performed as a Federal Protec-
tive Service law enforcement officer before 
the effective date under paragraph (1). 
(ii) EXCEPTION.—Service described in 
section 8331(33) and 8401(39) of title 5, 
United States Code (as amended by this 
section) rendered before the effective date 
under paragraph (1) may be taken into ac-
count to determine if an individual who is 
serving on or after such effective date then 
qualifies as a Federal Protective Service 
law enforcement officer by virtue of hold-
ing a supervisory or administrative position 
in the Department of Homeland Security. 
(C) MINIMUM ANNUITY AMOUNT.—The an-
nuity of an individual serving as a Federal Pro-
tective Service law enforcement officer on the 
effective date under paragraph (1) pursuant to 
an appointment made before that date shall, to 
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the extent that its computation is based on 
service rendered as a Federal Protective Service 
law enforcement officer on or after that date, be 
at least equal to the amount that would be pay-
able to the extent that such service is subject 
to the Civil Service Retirement System or Fed-
eral Employees Retirement System, as appro-
priate, by applying section 8339(d) of title 5, 
United States Code, with respect to such serv-
ice. 
(D) RULE OF CONSTRUCTION.—Nothing in 
the amendment made by subsection (c) shall be 
considered to apply with respect to any appoint-
ment made before the effective date under para-
graph (1). 
(3) FEES AND AUTHORIZATIONS OF APPROPRIA-
TIONS.— 
(A) FEES.—The Director of the Office of 
Management and Budget shall adjust fees col-
lected as necessary to ensure collections are suf-
ficient to carry out amendments made in this 
section. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
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priated such sums as are necessary to carry out 
this section. 
(4) ELECTION.— 
(A) INCUMBENT DEFINED.—For purposes 
of this paragraph, the term ‘‘incumbent’’ means 
an individual who is serving as a Federal Pro-
tective Service law enforcement officer on the 
date of the enactment of this Act. 
(B) NOTICE
REQUIREMENT.—Not later 
than 30 days after the date of enactment of 
this Act, the Director of the Office of Personnel 
Management shall take measures reasonably de-
signed to ensure that incumbents are notified 
as to their election rights under this paragraph, 
and the effect of making or not making a time-
ly election. 
(C) ELECTION
AVAILABLE
TO
INCUM-
BENTS.— 
(i) IN GENERAL.—An incumbent may 
elect, for all purposes, either— 
(I) to be treated in accordance 
with the amendments made by sub-
section (a) or (b), as applicable; or 
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(II) to be treated as if sub-
sections (a) and (b) had never been 
enacted. 
(ii) FAILURE
TO
MAKE
A
TIMELY 
ELECTION.—Failure to make a timely elec-
tion under clause (i) shall be treated in the 
same way as an election made under clause 
(i)(I) on the last day allowable under 
clause (iii). 
(iii) DEADLINE.—An election under 
this subparagraph shall not be effective 
unless it is made at least 14 days before 
the effective date under paragraph (1). 
(5) DEFINITION.—For the purposes of this sub-
section, the term ‘‘Federal Protective Service law en-
forcement officer’’ has the meaning given such term 
by section 8331(33) or 8401(39) of title 5, United 
States Code (as amended by this Act). 
(6) EXCLUSION.—Nothing in this section or 
any amendment made by this section shall be consid-
ered to afford any election or to otherwise apply with 
respect to any individual who, as of the day before 
the date of the enactment of this Act— 
(A) holds a position within the Federal 
Protective Service; and 
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(B) is considered a law enforcement officer 
for purposes of subchapter III of chapter 83 or 
chapter 84 of title 5, United States Code, by 
virtue of such position. 
Æ 
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