I
105TH CONGRESS
1ST SESSION
H. R. 633
To amend the Foreign Service Act of 1980 to provide that the annuities
of certain special agents and security personnel of the Department of
State be computed in the same way as applies generally with respect
to Federal law enforcement officers, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 1997
Mr. DAVIS of Virginia introduced the following bill; which was referred to the
Committee on International Relations, and in addition to the Committee
on Government Reform and Oversight, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Foreign Service Act of 1980 to provide that
the annuities of certain special agents and security per-
sonnel of the Department of State be computed in the
same way as applies generally with respect to Federal
law enforcement 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. AMENDMENTS RELATING TO THE FOREIGN
SERVICE RETIREMENT AND DISABILITY SYS-
TEM.
(a) DEFINITION OF A SPECIAL AGENT.—
(1) IN GENERAL.—Section 804 of the Foreign
Service Act of 1980 (22 U.S.C. 4044) is amended by
striking ‘‘and’’ at the end of paragraph (13), by
striking the period at the end of paragraph (14) and
inserting ‘‘; and’’, and by adding at the end the fol-
lowing:
‘‘(15) ‘special agent’ means an employee of the
Bureau of Diplomatic Security, Department of
State, who occupies a position that is classified as
a foreign service specialist, 2501 series or skill code,
including—
‘‘(A) any position so classified before, on,
or after the date of the enactment of this para-
graph (including any position which would have
been so classified but for any series or skill code
redesignation effected after December 31,
1996); and
‘‘(B) any such position which is super-
visory or administrative in nature.’’.
(2) CONFORMING
AMENDMENT.—Section 852
of such Act (22 U.S.C. 4071a) is amended by strik-
ing ‘‘and’’ at the end of paragraph (7), by striking
the period at the end of paragraph (8) and inserting
‘‘; and’’, and by adding at the end the following:
‘‘(9) the term ‘special agent’ has the same
meaning given in section 804(15).’’.
(b) CONTRIBUTIONS.—
(1) IN
GENERAL.—Subsection (a) of section
805 of such Act (22 U.S.C. 4045(a)) is amended by
adding at the end the following:
‘‘(3) In the case of a special agent, paragraph (1)
shall be applied by substituting for ‘7 percent’ the percent-
age which would apply under section 8334(c) of title 5,
United States Code, with respect to the period of service
involved, if that service had been performed as a law en-
forcement officer (as defined by section 8331(20) of such
title).’’.
(2) CONFORMING AMENDMENT.—Paragraph (1)
of section 805(a) of such Act is amended by striking
‘‘Except as provided in subsection (h),’’ and insert-
ing ‘‘Except as otherwise provided in this section,’’.
(c) SPECIAL
CONTRIBUTION
FOR
PRIOR
NON-
DEPOSIT SERVICE.—Subsection (d) of section 805 of such
Act (22 U.S.C. 4045(d)) is amended by adding at the end
the following:
‘‘(6) Subject to paragraph (4) and subsection (h), for
purposes of applying this subsection with respect to prior
service as a special agent, the percentages of basic pay
set forth in section 8334(c) of title 5, United States Code,
with respect to a law enforcement officer, shall apply in-
stead of the percentages set forth in paragraph (1).’’.
(d) COMPUTATION OF ANNUITIES.—
(1) IN
GENERAL.—Subsection (a) of section
806 of such Act (22 U.S.C. 4046(a)) is amended—
(A) by redesignating paragraph (6) as
paragraph (7); and
(B) by inserting after paragraph (5) the
following:
‘‘(6)(A) The annuity of a special agent retiring under
this subchapter shall be computed under paragraph (1)
except that, in the case of a special agent described in
subparagraph (B), paragraph (1) shall be applied by sub-
stituting for ‘2 percent’—
‘‘(i) the percentage under subparagraph (A) of
section 8339(d)(1) of title 5, United States Code, for
so much of the participant’s total service as is speci-
fied thereunder; and
‘‘(ii) the percentage under subparagraph (B) of
section 8339(d)(1) of title 5, United States Code, for
so much of the participant’s total service as is speci-
fied thereunder.
‘‘(B) A special agent described in this subparagraph
is any such agent who—
‘‘(i) retires voluntarily or involuntarily under
section 607, 608, 611, 811, 812, or 813, under con-
ditions authorizing an immediate annuity, other
than for cause on charges of misconduct or delin-
quency; and
‘‘(ii) at the time of retirement—
‘‘(I) if voluntary, is at least 50 years of
age and has completed at least 20 years of serv-
ice as a special agent; or
‘‘(II) if involuntary, has completed at least
20 years of service as a special agent.
‘‘(C) For purposes of clause (ii) of subparagraph (B),
included with the years of service performed by an individ-
ual as a special agent shall be any service performed by
such individual as a law enforcement officer (within the
meaning of section 8331(20) or section 8401(17) of title
5, United States Code), a member of the Metropolitan Po-
lice of the District of Columbia, or a member of the Cap-
itol Police.’’.
(2) SPECIAL RULE FOR THOSE WHO EXERCISED
ELECTION RIGHTS UNDER SECTION 860.—Subsection
(a) of section 806 of such Act (22 U.S.C. 4046(a)),
as amended by paragraph (1), is further amended—
(A) by redesignating paragraph (7) (as so
redesignated by paragraph (1)) as paragraph
(8); and
(B) by inserting after paragraph (6) (as
added by paragraph (1)) the following:
‘‘(7) In the case of special agent who becomes or be-
came subject to subchapter II pursuant to an election
under section 860—
‘‘(A) for purposes of clause (ii) of paragraph
(6)(B), any service performed by the individual as a
special agent (whether under this subchapter or
under subchapter II) shall be creditable; and
‘‘(B) if the individual satisfies paragraph
(6)(B), the portion of such individual’s annuity
which is attributable to service preceding the effec-
tive date of such election shall be computed in con-
formance with paragraph (6).’’.
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—(A) Paragraph (7) of section 806(a) of
such Act (22 U.S.C. 4046(a)), as so designated by
paragraph (1), is amended by striking ‘‘and (4)’’
and inserting ‘‘(4), and (6)’’.
(B) Paragraphs (1) and (3) of section 855(b) of
such Act (22 U.S.C. 4071d(b)) are amended by in-
serting ‘‘611,’’ after ‘‘608,’’.
(e) TREATMENT
OF
SERVICE
IF
PARTICIPANT
TRANSFERS.—
(1) TO CSRS.—Section 811 of such Act (22
U.S.C. 4051) is amended by adding at the end the
following: ‘‘For purposes of any annuity under the
Civil Service Retirement System to which a partici-
pant becomes entitled under the preceding sentence,
service performed by such participant as a special
agent shall be treated in the same way as if it had
been performed as a law enforcement officer (within
the meaning of section 8331(20) of such title 5).’’.
(2) TO FERS.—Section 859 of such Act (22
U.S.C. 4071h) is amended by adding at the end the
following:
‘‘(d) For purposes of any annuity to which a partici-
pant becomes entitled under the Federal Employees’ Re-
tirement System, any service performed by such partici-
pant as a special agent under this subchapter shall (if or
to the extent that it becomes creditable under that system)
be treated in the same way as if it had been performed
as a law enforcement officer (within the meaning of sec-
tion 8401(17) of title 5, United States Code).’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to any an-
nuity under chapter 83 or 84 of title 5, United
States Code, commencing on or after the date of the
enactment of this Act.
SEC. 2. EFFECTIVE DATE; APPLICABILITY.
(a) IN GENERAL.—Except as provided in section
1(e)(3), this Act and the amendments made by this Act—
(1) shall take effect as of the first day of the
first month beginning after the end of the 6-month
period which begins on the date of the enactment of
this Act; and
(2) shall apply with respect to—
(A) any individual first appointed on or
after that date as a special agent; and
(B) any individual making an election
under subsection (b) or (c), subject to the provi-
sions of such subsection.
(b) ELECTION FOR CURRENT PARTICIPANTS.—
(1) ELIGIBILITY.—An election under this sub-
section may be made by any individual who is serv-
ing as a special agent at the time of making such
election.
(2) EFFECT OF AN ELECTION.—
(A) IN GENERAL.—If an individual makes
an election under this subsection, the amend-
ments made by this Act shall become applicable
with respect to such individual, subject to sub-
paragraph (B).
(B) TREATMENT OF PRIOR SERVICE.—
(i) SPECIAL CONTRIBUTION.—An in-
dividual may, at the time of making the
election under this subsection, make a spe-
cial contribution up to the full amount of
the difference between the contributions
actually deducted from pay for prior serv-
ice and the deductions that would have
been required if the amendments made by
this Act had then been in effect. Any spe-
cial contribution under this clause shall be
computed under regulations based on sec-
tion 805(d) of the Foreign Service Act of
1980 (as amended by section 1), including
provisions relating to the computation of
interest.
(ii) ACTUARIAL REDUCTION.—
(I) RULE IF THE SPECIAL CON-
TRIBUTION
IS
PAID.—If the full
amount of the special contribution
under clause (i) is paid, no reduction
under this clause shall apply.
(II) RULE
IF
LESS
THAN
THE
ENTIRE AMOUNT IS PAID.—If no spe-
cial contribution under clause (i) is
paid, or if less than the entire amount
of such special contribution is paid,
the recomputed annuity shall be re-
duced by an amount sufficient to
make up the actuarial present value of
the shortfall.
(c) ELECTION FOR CERTAIN RETIREES.—
(1) ELIGIBILITY.—An election under this sub-
section may be made by any individual who—
(A) separates from service, as a special
agent, on or after January 1, 1997;
(B) as of the date of such election, is enti-
tled to an immediate annuity under chapter 8
of the Foreign Service Act of 1980; and
(C) would have satisfied the age and serv-
ice requirements for an annuity under section
806(a)(6) of the Foreign Service Act of 1980 if
the amendments made by this Act had been ap-
plied with respect to such individual since the
time such individual commenced service as a
special agent.
(2) EFFECT OF AN ELECTION.—An individual
who makes an election under this subsection is enti-
tled to a recomputed annuity, determined as if the
amendments made by this Act had been applied with
respect to such individual since the time such indi-
vidual commenced service as a special agent. The
provisions of subsection (b)(2)(B) shall apply with
respect to any recomputed annuity under this sub-
section.
(3) EARLIER
PAYMENTS.—Any change in an
annuity resulting from a recomputation under para-
graph (2) shall be effective with respect to payments
accruing since the commencement date of the annu-
ity. However, the amount payable to make up for
any shortfall in payments for periods preceding the
effective date of any such recomputation shall be de-
termined without interest.
(d) REGULATIONS AND NOTICE.—Not later than 6
months after the date of the enactment of this Act, the
Secretary of State—
(1) shall promulgate such regulations as may be
necessary to carry out this Act, including provisions
under which an election under this section may be
made by a survivor; and