I
107TH CONGRESS
1ST SESSION
H. R. 446
To amend certain provisions of title 5, United States Code, relating to
disability annuities for law enforcement officers, firefighters, and mem-
bers of the Capitol Police.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 2001
Mr. FOSSELLA introduced the following bill; which was referred to the Com-
mittee on Government Reform, and in addition to the Committee on
House Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend certain provisions of title 5, United States Code,
relating to disability annuities for law enforcement offi-
cers, firefighters, and members of the Capitol Police.
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 Law Enforce-
ment Officers Retirement Relief Act’’.
SEC. 2. COMPUTATION PROVISIONS.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8339(g) of title 5, United States Code, is amended—
(1) in paragraph (2), by inserting ‘‘(d) (in the
case of a law enforcement officer or firefighter),’’
after ‘‘(a)–(c),’’; and
(2) by adding at the end the following: ‘‘For
purposes of applying the first sentence of this sub-
section and the last sentence of section 8337(a), a
law enforcement officer, firefighter, or member of
the Capitol Police shall be considered eligible for an
annuity computed under section 8339(d) or (q)
(whichever applies), whether or not such officer, fire-
fighter, or member satisfies the age and service re-
quirements for retirement under section 8335(b) or
(d) or section 8336(c) or (m), and whether or not
such member meets the requirements of subsection
(b)(2).’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8452 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(e) For purposes of applying subsections (c)(1) and
(d), a law enforcement officer, firefighter, or member of
the Capitol Police shall be considered eligible for an annu-
ity computed under section 8415(d), whether or not such
officer, firefighter, or member meets the age and service
requirements for retirement under section 8412(d) or sec-
tion 8425(b) or (c).’’.
SEC. 3. MINIMUM CREDITABLE SERVICE REQUIREMENT
NOT APPLICABLE IF DISABILITY RESULTS
FROM AN INJURY SUSTAINED IN THE PER-
FORMANCE OF DUTY.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8337(a) of title 5, United States Code, is amended by in-
serting after the first sentence the following: ‘‘In the case
of a law enforcement officer, firefighter, or member of the
Capitol Police who becomes disabled as a result of an in-
jury sustained in the performance of duty (as determined
under regulations prescribed by the Office of Personnel
Management), the 5-year requirement under the preceding
sentence shall not apply.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8451(a)(1)(A) of title 5, United States Code, is
amended by inserting after the first sentence the fol-
lowing: ‘‘In the case of a law enforcement officer, fire-
fighter, or member of the Capitol Police who becomes dis-
abled as a result of an injury sustained in the performance
of duty (as determined under regulations prescribed by the
Office of Personnel Management), the 18-month require-
ment under the preceding sentence shall not apply.’’.
SEC. 4. PERIODIC MEDICAL EXAMINATIONS AND CERTAIN
RELATED REQUIREMENTS NOT APPLICABLE
AFTER AGE 50.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8337 of title 5, United States Code, is amended by adding
at the end the following:
‘‘(i) In the case of a law enforcement officer, fire-
fighter, or member of the Capitol Police, subsections (c)
and (d) shall be applied by substituting ‘50 years of age’
for ‘60 years of age’ each place it appears.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
(1) IN GENERAL.—Subchapter V of chapter 84
of title 5, United States Code, is amended by adding
at the end the following:
‘‘§ 8457. Special rules relating to law enforcement of-
ficers and certain others
‘‘In the case of a law enforcement officer, firefighter,
or member of the Capitol Police, sections 8454 and 8455
shall be applied by substituting ‘50 years of age’ for ‘60
years of age’ each place it appears.’’.
(2) CLERICAL AMENDMENT.—The analysis for
chapter 84 of title 5, United States Code, is amend-
ed by inserting after the item relating to section
8456 the following:
‘‘8457. Special rules relating to law enforcement officers and certain others.’’.
Æ