First Responder Fair RETIRE Act
Bill: S.129 | Sponsor: Sen. Tester, Jon (D-MT)
Policy area: Government Operations and Politics

Summary:
First Responder Fair Return for Employees on Their Initial Retirement Earned Act of 2021 or the First Responder Fair RETIRE Act
This bill allows disabled federal first responders (e.g., law enforcement officers, customs and border protection officers, and firefighters) to continue receiving federal retirement benefits in the same manner as though they had not been disabled.
Under current law, federal first responders are subject to a mandatory retirement age of 57. To facilitate this earlier retirement, federal first responders are required to pay a greater percentage of their salary towards retirement. Additionally, their annuity amount is calculated at a higher rate than other federal employees.
This bill allows a federal first responder to remain in the accelerated retirement system if they are placed in another civil service position outside of that system after returning to work from a work-related injury or illness. Further, if such an employee is separated from service before they are entitled to receive an annuity, they may receive a refund of their accelerated contributions.

To permit disabled law enforcement officers, customs and border 
  protection officers, firefighters, air traffic controllers, nuclear 
   materials couriers, members of the Capitol Police, members of the 
  Supreme Court Police, employees of the Central Intelligence Agency 
    performing intelligence activities abroad or having specialized 
 security requirements, and diplomatic security special agents of the 
 Department of State to receive retirement benefits in the same manner 
                   as if they had not been disabled.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``First Responder Fair Return for 
Employees on Their Initial Retirement Earned Act of 2021'' or the 
``First Responder Fair RETIRE Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) it is in the best national and homeland security 
        interests of the United States for Federal agencies to retain 
        the specialized knowledge and experience of individuals who 
        suffer an injury or illness while serving in a covered position 
        (as defined under the amendments made by this Act); and
            (2) Federal agencies should ensure, to the greatest extent 
        possible, that an individual who can no longer carry out the 
        duties of a covered position, and is reappointed to a position 
        in the civil service that is not a covered position, is 
        reappointed within the same Federal agency, in the same 
        geographic location, and at a level of pay commensurate to the 
        position which the individual held immediately prior to such 
        injury or illness.

SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES.

    (a) CSRS.--Section 8336(c) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(3)(A) In this paragraph--
            ``(i) the term `affected individual' means an individual 
        covered under this subchapter who--
                    ``(I) is performing service in a covered position;
                    ``(II) while performing official duties, becomes 
                ill or is injured as a direct result of the performance 
                of such duties before the date on which the individual 
                becomes entitled to an annuity under paragraph (1) of 
                this subsection or subsection (e), (m), or (n), as 
                applicable;
                    ``(III) because of the illness or injury described 
                in subclause (II), is permanently unable to render 
                useful and efficient service in the covered position 
                held by the employee, as determined by the agency in 
                which the individual was serving when such individual 
                incurred the illness or injury; and
                    ``(IV) is appointed to a position in the civil 
                service that--
                            ``(aa) is not a covered position; and
                            ``(bb) is within an agency that regularly 
                        appoints individuals to supervisory or 
                        administrative positions related to the 
                        activities of the former covered position of 
                        the individual; and
            ``(ii) the term `covered position' means a position as a 
        law enforcement officer, customs and border protection officer, 
        firefighter, air traffic controller, nuclear materials courier, 
        member of the Capitol Police, or member of the Supreme Court 
        Police.
    ``(B) Creditable service by an affected individual in a position 
described in subparagraph (A)(i)(IV) shall be treated as creditable 
service in a covered position for purposes of this chapter and 
determining the amount to be deducted and withheld from the pay of the 
affected individual under section 8334, unless--
            ``(i) the affected individual files an election described 
        in subparagraph (C);
            ``(ii) there is a break in service exceeding 3 days before 
        the affected individual transitions to the position described 
        in subparagraph (A)(i)(IV); or
            ``(iii) the service occurs after the affected individual--
                    ``(I) is transferred to a supervisory or 
                administrative position related to the activities of 
                the former covered position of the affected individual; 
                or
                    ``(II) meets the age and service requirements that 
                would subject the individual to mandatory separation 
                under section 8335 if the affected individual had 
                remained in the former covered position.
    ``(C) In accordance with procedures established by the Director of 
the Office of Personnel Management, an affected individual may file an 
election to have any creditable service performed by the affected 
individual treated in accordance with this chapter without regard to 
subparagraph (B).
    ``(D) Nothing in this paragraph shall be construed to apply to an 
affected individual any other pay-related laws or regulations 
applicable to a covered position.''.
    (b) FERS.--
            (1) In general.--Section 8412(d) of title 5, United States 
        Code, is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' before ``An employee''; 
                and
                    (C) by adding at the end the following:
    ``(2)(A) In this paragraph--
            ``(i) the term `affected individual' means an individual 
        covered under this chapter who--
                    ``(I) is performing service in a covered position;
                    ``(II) while performing official duties, becomes 
                ill or is injured as a direct result of the performance 
                of such duties before the date on which the individual 
                becomes entitled to an annuity under paragraph (1) of 
                this subsection or subsection (e), as applicable;
                    ``(III) because of the illness or injury described 
                in subclause (II), is permanently unable to render 
                useful and efficient service in the covered position 
                held by the employee, as determined by the agency in 
                which the individual was serving when such individual 
                incurred the illness or injury; and
                    ``(IV) is appointed to a position in the civil 
                service that--
                            ``(aa) is not a covered position; and
                            ``(bb) is within an agency that regularly 
                        appoints individuals to supervisory or 
                        administrative positions related to the 
                        activities of the former covered position of 
                        the individual;
            ``(ii) the term `covered position' means a position as a 
        law enforcement officer, customs and border protection officer, 
        firefighter, air traffic controller, nuclear materials courier, 
        member of the Capitol Police, or member of the Supreme Court 
        Police.
    ``(B) Creditable service by an affected individual in a position 
described in subparagraph (A)(i)(IV) shall be treated as creditable 
service in a covered position for purposes of this chapter and 
determining the amount to be deducted and withheld from the pay of the 
affected individual under section 8422, unless--
            ``(i) the affected individual files an election described 
        in subparagraph (C);
            ``(ii) there is a break in service exceeding 3 days before 
        the affected individual transitions to the position described 
        in subparagraph (A)(i)(IV); or
            ``(iii) the service occurs after the affected individual--
                    ``(I) is transferred to a supervisory or 
                administrative position related to the activities of 
                the former covered position of the affected individual; 
                or
                    ``(II) meets the age and service requirements that 
                would subject the affected individual to mandatory 
                separation under section 8425 if the affected 
                individual had remained in the former covered position.
    ``(C) In accordance with procedures established by the Director of 
the Office of Personnel Management, an affected individual may file an 
election to have any creditable service performed by the affected 
individual treated in accordance with this chapter without regard to 
subparagraph (B).
    ``(D) Nothing in this paragraph shall be construed to apply to an 
affected individual any other pay-related laws or regulations 
applicable to a covered position.''.
            (2) Technical and conforming amendments.--
                    (A) Chapter 84 of title 5, United States Code, is 
                amended--
                            (i) in section 8414(b)(3), by inserting 
                        ``(1)'' after ``subsection (d)'';
                            (ii) in section 8415--
                                    (I) in subsection (e), in the 
                                matter preceding paragraph (1), by 
                                inserting ``(1)'' after ``subsection 
                                (d)''; and
                                    (II) in subsection (h)(2)(A), by 
                                striking ``(d)(2)'' and inserting 
                                ``(d)(1)(B)'';
                            (iii) in section 8421(a)(1), by inserting 
                        ``(1)'' after ``(d)'';
                            (iv) in section 8421a(b)(4)(B)(ii), by 
                        inserting ``(1)'' after ``section 8412(d)'';
                            (v) in section 8425, by inserting ``(1)'' 
                        after ``section 8412(d)'' each place it 
                        appears; and
                            (vi) in section 8462(c)(3)(B)(ii), by 
                        inserting ``(1)'' after ``subsection (d)''.
                    (B) Title VIII of the Foreign Service Act of 1980 
                (22 U.S.C. 4041 et seq.) is amended--
                            (i) in section 805(d)(5) (22 U.S.C. 
                        4045(d)(5)), by inserting ``(1)'' after ``or 
                        8412(d)''; and
                            (ii) in section 812(a)(2)(B) (22 U.S.C. 
                        4052(a)(2)(B)), by inserting ``(1)'' after ``or 
                        8412(d)''.
    (c) CIA Employees.--Section 302 of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2152) is amended by adding at the end the 
following:
    ``(d) Employees Disabled on Duty.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `affected employee' means an 
                employee of the Agency covered under subchapter II of 
                chapter 84 of title 5, United States Code, who--
                            ``(i) is performing service in a position 
                        designated under subsection (a);
                            ``(ii) while performing official duties in 
                        the position designated under subsection (a), 
                        becomes ill or is injured as a direct result of 
                        the performance of such duties before the date 
                        on which the employee becomes entitled to an 
                        annuity under section 233 of this Act or 
                        section 8412(d)(1) of title 5, United States 
                        Code;
                            ``(iii) because of the illness or injury 
                        described in clause (ii), is permanently unable 
                        to render useful and efficient service in the 
                        covered position held by the employee, as 
                        determined by the Director; and
                            ``(iv) is appointed to a position in the 
                        civil service within the Agency that is not a 
                        covered position; and
                    ``(B) the term `covered position' means a position 
                as--
                            ``(i) a law enforcement officer described 
                        in section 8331(20) or 8401(17) of title 5, 
                        United States Code;
                            ``(ii) a customs and border protection 
                        officer described in section 8331(31) or 
                        8401(36) of title 5, United States Code;
                            ``(iii) a firefighter described in section 
                        8331(21) or 8401(14) of title 5, United States 
                        Code;
                            ``(iv) an air traffic controller described 
                        in section 8331(30) or 8401(35) of title 5, 
                        United States Code;
                            ``(v) a nuclear materials courier described 
                        in section 8331(27) or 8401(33) of title 5, 
                        United States Code;
                            ``(vi) a member of the United States 
                        Capitol Police;
                            ``(vii) a member of the Supreme Court 
                        Police;
                            ``(viii) an affected employee; or
                            ``(ix) a special agent described in section 
                        804(15) of the Foreign Service Act of 1980 (22 
                        U.S.C. 4044(15)).
            ``(2) Treatment of service after disability.--Creditable 
        service by an affected employee in a position described in 
        paragraph (1)(A)(iv) shall be treated as creditable service in 
        a covered position for purposes of this Act and chapter 84 of 
        title 5, United States Code, including eligibility for an 
        annuity under section 233 of this Act or 8412(d)(1) of title 5, 
        United States Code, and determining the amount to be deducted 
        and withheld from the pay of the affected employee under 
        section 8422 of title 5, United States Code, unless--
                    ``(A) the affected employee files an election 
                described in paragraph (3);
                    ``(B) there is a break in service exceeding 3 days 
                before the affected employee transitions to the 
                position described in paragraph (1)(A)(iv); or
                    ``(C) the service occurs after the affected 
                employee is transferred to a supervisory or 
                administrative position related to the activities of 
                the former covered position of the affected employee.
            ``(3) Opt out.--An affected employee may file an election 
        to have any creditable service performed by the affected 
        employee treated in accordance with chapter 84 of title 5, 
        United States Code, without regard to paragraph (2).''.
    (d) Foreign Service Retirement and Disability System.--Section 
806(a)(6) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)(6)) is 
amended by adding at the end the following:
    ``(D)(i) In this subparagraph--
            ``(I) the term `affected special agent' means an individual 
        covered under this subchapter who--
                    ``(aa) is performing service as a special agent;
                    ``(bb) while performing official duties as a 
                special agent, becomes ill or is injured as a direct 
                result of the performance of such duties before the 
                date on which the individual becomes entitled to an 
                annuity under section 811;
                    ``(cc) because of the illness or injury described 
                in item (bb), is permanently unable to render useful 
                and efficient service as a special agent, as determined 
                by the Secretary; and
                    ``(dd) is appointed to a position in the Foreign 
                Service that is not a covered position; and
            ``(II) the term `covered position' means a position as--
                    ``(aa) a law enforcement officer described in 
                section 8331(20) or 8401(17) of title 5, United States 
                Code;
                    ``(bb) a customs and border protection officer 
                described in section 8331(31) or 8401(36) of title 5, 
                United States Code;
                    ``(cc) a firefighter described in section 8331(21) 
                or 8401(14) of title 5, United States Code;
                    ``(dd) an air traffic controller described in 
                section 8331(30) or 8401(35) of title 5, United States 
                Code;
                    ``(ee) a nuclear materials courier described in 
                section 8331(27) or 8401(33) of title 5, United States 
                Code;
                    ``(ff) a member of the United States Capitol 
                Police;
                    ``(gg) a member of the Supreme Court Police;
                    ``(hh) an employee of the Agency designated under 
                section 302(a) of the Central Intelligence Agency 
                Retirement Act (50 U.S.C. 2152(a)); or
                    ``(ii) a special agent.
    ``(ii) Creditable service by an affected special agent in a 
position described in clause (i)(I)(dd) shall be treated as creditable 
service as a special agent for purposes of this subchapter, including 
determining the amount to be deducted and withheld from the pay of the 
individual under section 805, unless--
            ``(I) the affected special agent files an election 
        described in clause (iii);
            ``(II) there is a break in service exceeding 3 days before 
        the special agent transitions to a position described in clause 
        (i)(I)(dd); or
            ``(III) the service occurs after the affected special agent 
        is transferred to a supervisory or administrative position 
        related to the activities of the former covered position of the 
        affected special agent.
    ``(iii) In accordance with procedures established by the Secretary, 
an affected special agent may file an election to have any creditable 
service performed by the affected special agent treated in accordance 
with this subchapter, without regard to clause (ii).''.
    (e) Implementation.--
            (1) Office of personnel management.--Not later than 1 year 
        after the date of enactment of this Act, the Director of the 
        Office of Personnel Management shall promulgate regulations to 
        carry out the amendments made by subsections (a) and (b).
            (2) CIA employees.--The Director of the Central 
        Intelligence Agency shall promulgate regulations to carry out 
        the amendment made by subsection (c).
            (3) Foreign service retirement and disability system.--The 
        Secretary of State shall promulgate regulations to carry out 
        the amendment made by subsection (d).
            (4) Agency certification.--The regulations promulgated to 
        carry out the amendments made by this Act shall include a 
        requirement that the head of the agency at which an affected 
        individual, affected employee, or affected special agent (as 
        the case may be) incurred the applicable illness or injury 
        certifies that such illness or injury--
                    (A) was incurred in the course of performing 
                official duties; and
                    (B) permanently precludes the affected individual, 
                affected employee, or affected special agent from 
                rendering useful and efficient service in the covered 
                position but would not preclude the affected 
                individual, affected employee, or affected special 
                agent from continuing to serve in the Federal service.
            (5) Agency reappointment.--The regulations promulgated to 
        carry out the amendments made by this Act shall ensure that, to 
        the greatest extent possible, the head of each agency appoints 
        an affected individual, affected employee, or affected special 
        agent to a supervisory or administrative position related to 
        the activities of the former covered position of the affected 
        individual, affected employee, or affected special agent.
            (6) Treatment of service.--The regulations promulgated to 
        carry out the amendments made by this Act shall ensure that the 
        creditable service of an affected individual, affected 
        employee, or affected special agent (as the case may be) that 
        is not in a covered position pursuant to an election made under 
        such amendments shall be treated as the same type of service as 
        the covered position in which the affected individual, affected 
        employee, or affected special agent suffered the qualifying 
        illness or injury.
    (f) Effective Date; Applicability.--The amendments made by this 
Act--
            (1) shall take effect on the date of enactment of this Act; 
        and
            (2) shall apply to an individual who suffers an illness or 
        injury described in section 8336(c)(3)(A)(i)(II) or section 
        8412(d)(2)(A)(i)(II) of title 5, United States Code, as amended 
        by this section, section 302(d)(1)(A)(ii) of the Central 
        Intelligence Agency Retirement Act, as amended by this section, 
        or section 806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act of 
        1980, as amended by this section, on or after the date that is 
        2 years after the date of enactment of this Act.
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