District of Columbia Military Retirement Equity Act of 2003
PL 108-133 (H.R.3054), enacted 11/22/2003

117 STAT. 1386
PUBLIC LAW 108–133—NOV. 22, 2003
Public Law 108–133
108th Congress
An Act
To amend the Policemen and Firemen’s Retirement and Disability Act to permit
military service previously performed by members and former members of the
Metropolitan Police Department of the District of Columbia, the Fire Department
of the District of Columbia, the United States Park Police, and the United States
Secret Service to count as creditable service for purposes of calculating retirement
annuities payable to such members upon payment of a contribution by such
members, and for other purposes.
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 ‘‘District of Columbia Military
Retirement Equity Act of 2003’’.
SEC. 2. PERMITTING INCLUSION OF PREVIOUS MILITARY SERVICE AS
CREDITABLE 
SERVICE 
FOR 
CERTAIN 
DISTRICT 
OF
COLUMBIA RETIREES.
Subsection (c)(8) of the Policemen and Firemen’s Retirement
and Disability Act (sec. 5–704(h), D.C. Official Code) is amended—
(1) by striking ‘‘(8) Notwithstanding’’ and inserting ‘‘(8)(A)
Except as provided in subparagraph (B), notwithstanding’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B)(i)(I) Except as provided in subclause (II), and subject to
clause (iv), each member or former member who has performed
military service before the date of the separation on which the
entitlement to any annuity under this Act is based may elect
to retain credit for the service by paying (in accordance with such
regulations as the Mayor shall issue) to the office by which the
member is employed (or, in the case of a former member, to the
appropriate benefits administrator) an amount equal to 7 percent
of the amount of the basic pay paid under section 204 of title
37, United States Code, to the member for each period of military
service after December 1956. The amount of such payments shall
be based on such evidence of basic pay for military service as
the member may provide, or, if the Mayor determines sufficient
evidence has not been so provided to adequately determine basic
pay for military service, such payment shall be based upon esti-
mates of such basic pay provided to the Mayor under clause (iii).
Payment of such amount by an active member must be completed
prior to the member’s date of retirement or October 1, 2006, which-
ever is later, for the member to retain credit for the service.
‘‘(II) In any case where military service interrupts creditable
service under this subsection and reemployment pursuant to
chapter 43 of title 38, United States Code, occurs on or after
August 1, 1990, the deposit payable under this clause may not
District of
Columbia
Military
Retirement
Equity Act of
2003.
Nov. 22, 2003
[H.R. 3054]
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117 STAT. 1387
PUBLIC LAW 108–133—NOV. 22, 2003
exceed the amount that would have been deducted and withheld
under this Act from basic pay during the period of creditable service
if the member had not performed the period of military service.
‘‘(ii) Any deposit made under clause (i) more than 2 years
after the later of—
‘‘(I) October 1, 2004; or
‘‘(II) the date on which the member making the deposit
first becomes a member following the period of military service
for which such deposit is due,
shall include interest on such amount computed and compounded
annually beginning on the date of the expiration of the 2-year
period. The interest rate that is applicable in computing interest
in any year under this paragraph shall be equal to the interest
rate that is applicable for such year under paragraph (5)(B).
‘‘(iii) The Secretary of Defense, the Secretary of Transportation,
the Secretary of Commerce, or the Secretary of Health and Human
Services, as appropriate, shall furnish such information to the
Mayor as the Mayor may determine to be necessary for the adminis-
tration of this subsection.
‘‘(iv) Effective with respect to any period of military service
after November 10, 1996, the percentage of basic pay under section
204 of title 37, United States Code, payable under clause (i) shall
be equal to the same percentage as would be applicable under
subsection (d) of this section for that same period for service as
a member subject to clause (i)(II).’’.
SEC. 3. ADJUSTMENT IN FEDERAL BENEFIT PAYMENTS TO CERTAIN
POLICE AND FIRE RETIREES TO TAKE MILITARY SERVICE
ADJUSTMENT INTO ACCOUNT.
(a) IN GENERAL.—Section 11012 of the National Capital Revital-
ization and Self-Government Improvement Act of 1997 (sec. 1–
803.02, D.C. Official Code) is amended by adding at the end the
following new subsection:
‘‘(f) TREATMENT OF MILITARY SERVICE CREDIT PURCHASED BY
CERTAIN POLICE AND FIRE RETIREES.—For purposes of subsection
(a), in determining the amount of a Federal benefit payment made
to an officer or member, the benefit payment to which the officer
or member is entitled under the District Retirement Program shall
include any amounts which would have been included in the benefit
payment under such Program if the amendments made by the
District of Columbia Military Retirement Equity Act of 2003 had
taken effect prior to the freeze date.’’.
(b) CONFORMING AMENDMENT.—Section 11003(5) of such Act
(sec. 1–801.02(5), D.C. Official Code) is amended by inserting ‘‘and
(f)’’ after ‘‘section 11012(e)’’.
Effective date.
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117 STAT. 1388
PUBLIC LAW 108–133—NOV. 22, 2003
LEGISLATIVE HISTORY—H.R. 3054:
CONGRESSIONAL RECORD, Vol. 149 (2003):
Oct. 8, considered and passed House.
Nov. 11, considered and passed Senate.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to Federal benefit payments made after
the date of the enactment of this Act.
Approved November 22, 2003.
Applicability.
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