A bill to amend title 5, United States Code, with respect to the retirement of certain law enforcement and firefighter personnel, and for other purposes.
PL 93-350 (H.R.9281), enacted 07/12/1974

88 STAT. ] 
PUBLIC LAW 93-350-JULY 12, 1974 
355 
Public Law 93-350 
AN ACT 
To amend title 5, United States Code, witli respect to the retirement of certain 
law enforcement and firefighter personnel, and for other purposes. 
July 12,1974 
[H. R. 9281] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 3307 of 
title 5, United States Code, is amended— 
(1) by striking out in subsection (a) thereof "subsections (b) 
and (c)" and inserting in lieu thereof "subsections (b), (c), and 
(d)";and 
(2) by adding the following new subsection at the end thereof: 
"(d) The head of any agency may, with the concurrence of such 
agent as the President may designate, determine and fix the minimum 
and maximum limits of age within which an original appointment may 
be made to a position as a law enforcement officer or firefighter, as 
defined by section 8331 (20) and-(21), respectively, of this title." 
SEC. 2. (a) Section 8331(3) of title 5, United States Code, is 
amended— 
(1) by striking out the word "and" at the end of clause 
(B) (ii); 
(2) by inserting the word "and" immediately after the semi-
colon at the end of subparagraph (C); 
(3) by adding immediately below subparagraph (C) the fol-
lowing new subparagraph: 
"(D) with respect to a law enforcement officer, premium 
pay under section 5545 (c) (2) of this title;"; and 
(4) by striking out "subparagraphs (B) and (C) of this para-
graph" and inserting in lieu thereof "subparagraphs (B), (C), 
and (D) of this paragraph". 
(b) Section 8331 of title 5, United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (18); 
(2J by striking out the period at the end of paragraph (19) 
and mserting in lieu thereof a semicolon and the word "and"; and 
(3) by adding at the end thereof the following: 
"(20) 'law enforcement officer' means an employee, the duties 
of whose position are primarily the investigation, apprehension, 
or detention of individuals suspected or convicted of offenses 
against the criminal laws of the United States, including an 
employee engaged in this activity who is transferred to a super-
visory or administrative position. For the purpose of this para-
graph, 'detention' includes the duties of— 
"(A) employees of the Bureau of Prisons and Federal 
Prison Industries, Incorporated; 
"(B) employees of the Public Health Service assigned to 
the field service of the Bureau of Prisons or of the Federal 
Prison Industries, Incorporated; 
"(C) employees in the field service at Army or Navy disci-
plinary barracks or at confinement and rehabilitation facili-
ties operated by any of the armed forces; and 
"(D) employees of the Department of Corrections of the 
District of Columbia, its industries and utilities; 
whose duties in connection with individuals in detention suspected 
or convicted of offenses against the criminal laws of the United 
States or of the District of Columbia or offenses against the puni-
tive articles of the Uniformed Code of Military Justice (chapter 
Certain law en-
forcement and 
firefighting per-
sonnel. 
Retirement bene-
fits. 
Intra. 
5 u s e 5545. 
"Law enforce-
ment officer." 
"Detention. 
356 
PUBLIC LAW 93-350-JULY 12, 1974 
[88 STAT. 
10 u s e 801. 
"Firefighter.' 
Deposits. 
Mandatory sep-
aration. 
Exemption. 
Early retire-
ment. 
Annuity com-
putation. 
Supra. 
Effective dates. 
5 u s e 3307 
note. 
47 of title 10) require frequent (as determined by the appropriate 
administrative authority with the concurrence of the Commission) 
direct contact with these individuals in their detention, direction, 
supervision, inspection, training, employment, care, transporta-
tion, or rehabilitation; and 
"(21) 'firefighter' means an employee, the duties of whose posi-
tion are primarily to perform work directly connected with the 
control and extinguishment of fires or the maintenance and use of 
firefighting 
apparatus and equipment, including an employee 
engaged in this activity who is transferred to a supervisory or 
administrative position." 
SEC. 3. (a) The first sentence of section 8334(a) (1) of title 5, United 
States Code, is amended by inserting "a law enforcement officer, and 
a firefighter," following "Congressional employee,". 
(b) The first sentence of section 8334(c) of title 5, United States 
Code, is amended by adding at the end thereof the following new 
schedule: 
"Law enforcement officer 
2^/^ 
August 1, 1920, to June 30, 1926, 
for law enforcement 
Sy^ 
July 1, 1926, to June 30, 1942. 
service and firefighter 5 
July 1, 1942, to June 30, 1948. 
for firefighter service. 
6 
July 1, 1948, to October 31, 1956. 
61^ 
November 1, 1956, to December 31, 1969. 
7 
January 1, 1970, to December 31, 1974. 
IVz 
After December 31, 1974.". 
SEC. 4. Section 8335 of title 5, United States Code, is amended by 
adding the following new subsection at the end thereof: 
"(g) A law enforcement officer or a firefighter who is otherwise 
eligible for immediate retirement under section 8336(c) of this title 
shall be separated from the service on the last day of the month in 
which he becomes 55 years of age or completes 20 years of service if 
then over that age. The head of the agency, when in his judgment 
the public interest so requires, may exempt such an employee from 
automatic separation under this subsection until that employee becomes 
60 years of age. The employing office shall notify the employee in 
writing of the date of separation at least 60 days in advance thereof. 
Action to separate the employee is not effective, without the consent 
of the employee, until the last day of the month in which the 60-day 
notice expires." 
SEC. 5.. Section 8336(c) of title 5, United States Code, is amended 
to read as follows: 
"(c) An employee who is separated from the service after becom-
ing 50 years of age and completing 20 years of service as a law enforce-
ment officer or firefighter, or any combination of such service totaling 
at least 20 years, is entitled to an annuity." 
SEC. 6. Section 8339(d) of title 5, United States Code, is amended 
to read as follows: 
"(d) The annuitv of an employee retiring under section 8335(g) 
or 8336 (c) of this title is— 
"(A) 21/^ percent of his average pay multiplied by so much 
of his total service as does not exceed 20 years; plus 
"(B) 2 percent of his average pay multiplied by so much of 
his total service as exceeds 20 years." 
SEC. 7. The amendments made by the first section, and sections 2(b), 
5, and 6, of this Act shall become effective on the date of enactment of 
this Act. The amendments made by sections 2(a) and 3 of this Act 
shall become effective at the beginning of the first applicable pay 
period which begins after December 31, 1974. The amendment made 
by section 4 of this Act shall become effective on January 1, 1978. 
Approved July 12, 1974.