I
107TH CONGRESS
1ST SESSION
H. R. 1841
To amend the definition of a law enforcement officer under subchapter III
of chapter 83 and chapter 84 of title 5, United States Code, respectively,
to ensure the inclusion of certain positions.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 2001
Mr. FILNER (for himself, Mr. HALL of Ohio, Mr. JEFFERSON, Mr. KIND, Mr.
GUTIERREZ, Mr. ANDREWS, Mr. TAYLOR of Mississippi, Mr. PRICE of
North Carolina, Mr. FARR of California, Mr. GORDON, Mr. MCGOVERN,
Mr. MCHUGH, Mr. GEORGE MILLER of California, Mr. KILDEE, Mr.
BONIOR, Mr. SAXTON, Mr. RUSH, Ms. RIVERS, Mr. TOWNS, Mr. RA-
HALL, Mr. LANTOS, Mr. FROST, Mr. LEVIN, Ms. JACKSON-LEE of Texas,
Mr. FRANK, Mr. GILMAN, Mrs. CLAYTON, Mr. REYES, Mr. HOLDEN, Ms.
BROWN of Florida, Mr. CONYERS, and Mr. DAVIS of Illinois) introduced
the following bill; which was referred to the Committee on Government
Reform
A BILL
To amend the definition of a law enforcement officer under
subchapter III of chapter 83 and chapter 84 of title
5, United States Code, respectively, to ensure the inclu-
sion of certain positions.
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’’.
SEC. 2. AMENDMENTS.
(a) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
(1) IN GENERAL.—Paragraph (17) of section
8401 of title 5, United States Code, is amended by
striking ‘‘and’’ at the end of subparagraph (C), and
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; and
‘‘(F) an employee of the Internal Revenue
Service, the duties of whose position are pri-
marily the collection of delinquent taxes and the
securing of delinquent returns;’’.
(2) 
CONFORMING
AMENDMENT.—Section
8401(17)(C) of title 5, United States Code, is
amended by striking ‘‘(A) and (B)’’ and inserting
‘‘(A), (B), (E), and (F)’’.
(b) CIVIL SERVICE RETIREMENT SYSTEM.—Para-
graph (20) of section 8331 of title 5, United States Code,
is amended by inserting after ‘‘position.’’ the following:
‘‘For the purpose of this paragraph, the employees de-
scribed in the preceding provision of this paragraph (in
the matter before ‘including’) shall be considered to in-
clude an employee (not otherwise covered by this para-
graph) 
who 
satisfies 
clauses 
(i)–(ii) 
of 
section
8401(17)(E) and an employee of the Internal Revenue
Service the duties of whose position are as described in
section 8401(17)(F).’’.
(c) EFFECTIVE DATE.—Except as provided in section
3, the amendments made by this section shall take effect
on the date of the enactment of this Act, and shall apply
only in the case of any individual first appointed (or seek-
ing to be first appointed) as a law enforcement officer
(within the meaning of those amendments) on or after
such date.
SEC. 3. TREATMENT OF SERVICE PERFORMED BY INCUM-
BENTS.
(a) LAW ENFORCEMENT OFFICER AND SERVICE DE-
SCRIBED.—
(1) LAW
ENFORCEMENT
OFFICER.—Any ref-
erence to a law enforcement officer described in this
subsection refers to an individual who satisfies the
requirements of section 8331(20) or 8401(17) of
title 5, United States Code (relating to the definition
of a law enforcement officer) by virtue of the amend-
ments made by section 2.
(2) SERVICE.—Any reference to service de-
scribed in this subsection refers to service performed
as a law enforcement officer (as described in this
subsection).
(b) INCUMBENT DEFINED.—For purposes of this sec-
tion, the term ‘‘incumbent’’ means an individual who—
(1) is first appointed as a law enforcement offi-
cer (as described in subsection (a)) before the date
of the enactment of this Act; and
(2) is serving as such a law enforcement officer
on such date.
(c) TREATMENT OF SERVICE PERFORMED BY INCUM-
BENTS.—
(1) IN
GENERAL.—Service described in sub-
section (a) which is performed by an incumbent on
or after the date of the enactment of this Act shall,
for all purposes (other than those to which para-
graph (2) pertains), be treated as service performed
as a law enforcement officer (within the meaning of
section 8331(20) or 8401(17) of title 5, United
States Code, as appropriate), irrespective of how
such service is treated under paragraph (2).
(2) RETIREMENT.—Service described in sub-
section (a) which is performed by an incumbent be-
fore, on, or after the date of the enactment of this
Act shall, for purposes of subchapter III of chapter
83 and chapter 84 of title 5, United States Code, be
treated as service performed as a law enforcement
officer (within the meaning of such section 8331(20)
or 8401(17), as appropriate), but only if an appro-
priate written election is submitted to the Office of
Personnel Management within 5 years after the date
of the enactment of this Act or before separation
from Government service, whichever is earlier.
(d) INDIVIDUAL CONTRIBUTIONS FOR PRIOR SERV-
ICE.—
(1) IN GENERAL.—An individual who makes an
election under subsection (c)(2) may, with respect to
prior service performed by such individual, con-
tribute to the Civil Service Retirement and Disability
Fund the difference between the individual contribu-
tions that were actually made for such service and
the individual contributions that should have been
made for such service if the amendments made by
section 2 had then been in effect.
(2) EFFECT
OF
NOT
CONTRIBUTING.—If no
part of or less than the full amount required under
paragraph (1) is paid, all prior service of the incum-
bent shall remain fully creditable as law enforcement
officer service, but the resulting annuity shall be re-
duced in a manner similar to that described in sec-
tion 8334(d)(2) of title 5, United States Code, to
the extent necessary to make up the amount unpaid.
(3) PRIOR SERVICE DEFINED.—For purposes of
this section, the term ‘‘prior service’’ means, with re-
spect to any individual who makes an election under
subsection (c)(2), service (described in subsection
(a)) performed by such individual before the date as
of which appropriate retirement deductions begin to
be made in accordance with such election.
(e) GOVERNMENT CONTRIBUTIONS FOR PRIOR SERV-
ICE.—
(1) IN GENERAL.—If an incumbent makes an
election under subsection (c)(2), the agency in or
under which that individual was serving at the time
of any prior service (referred to in subsection (d))
shall remit to the Office of Personnel Management,
for deposit in the Treasury of the United States to
the credit of the Civil Service Retirement and Dis-
ability Fund, the amount required under paragraph
(2) with respect to such service.
(2) AMOUNT REQUIRED.—The amount an agen-
cy is required to remit is, with respect to any prior
service, the total amount of additional Government
contributions to the Civil Service Retirement and
Disability Fund (over and above those actually paid)
that would have been required if the amendments
made by section 2 had then been in effect.
(3) CONTRIBUTIONS TO BE MADE RATABLY.—
Government contributions under this subsection on
behalf of an incumbent shall be made by the agency
ratably (on at least an annual basis) over the 10-
year period beginning on the date referred to in sub-
section (d)(3).
(f) EXEMPTION FROM MANDATORY SEPARATION.—
Nothing in section 8335(b) or 8425(b) of title 5, United
States Code, shall cause the involuntary separation of a
law enforcement officer (as described in subsection (a))
before the end of the 3-year period beginning on the date
of the enactment of this Act.
(g) REGULATIONS.—The Office shall prescribe regu-
lations to carry out this Act, including—
(1) provisions in accordance with which interest
on any amount under subsection (d) or (e) shall be
computed, based on section 8334(e) of title 5,
United States Code; and
(2) provisions for the application of this section
in the case of—
(A) any individual who—
(i) satisfies paragraph (1) (but not
paragraph (2)) of subsection (b); and
(ii) serves as a law enforcement offi-
cer (as described in subsection (a)) after
the date of the enactment of this Act; and
(B) any individual entitled to a survivor
annuity (based on the service of an incumbent,
or of an individual under subparagraph (A),
who dies before making an election under sub-
section (c)(2)), to the extent of any rights that
would then be available to the decedent (if still
living).
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to apply in the case of a reem-
ployed annuitant.
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