Capitol Police Retirement Act
PL 101-428 (H.R.5641), enacted 10/15/1990

104 STAT. 928 
PUBLIC LAW 101-428—OCT. 15, 1990 
Public Law 101-428 
101st Congress 
An Act 
Oct. 15,1990 
To amend title 5, United States Code, with respect to retirement of members of the 
[H.R. 5641] 
Capitol Police. 
Be it enacted by the Senate and House of Representatives of the 
Capitol Police 
United States of America in Congress assembled. 
Retirement Act. 
5 u s e 8331 note. SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This Act may be cited as the "Capitol Police 
Retirement Act". 
(b) 
REFERENCES.—Except as otherwise 
expressly 
provided, 
whenever in this Act an amendment is expressed in terms of an 
amendment to a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 5, 
United States Code. 
SEC. 2. AMENDMENTS TO CHAPTER 83. 
(a) 
IMMEDIATE 
RETIREMENT.—Section 
8336 is amended by 
redesignating subsection (m) as subsection (n) and inserting after 
subsection (1) the following new subsection: 
"(m) A member of the Capitol Police who is separated from the 
service after becoming 50 years of age £ind completing 20 years of 
service as a member of the Capitol Police or as a law enforcement 
officer, or any combination of such service totaling at least 20 years, 
is entitled to an annuity.". 
(b) MANDATORY SEPARATION.—(1)(A) Section 8335 is amended by 
redesignating subsection (d) as subsection (e) and inserting after 
subsection (c) the following new subsection: 
"(d) A member of the Capitol Police who is otherwise eligible for 
immediate retirement under section 8336(m) shall be separated from 
the service on the last day of the month in which such member 
becomes 55 years of age or completes 20 years of service if then over 
that age. The Capitol Police Board, when in its judgment the public 
interest so requires, may exempt such a member from automatic 
separation under this subsection until that member becomes 60 
years of age. The Board shall notify the member in writing of the 
date of separation at least 60 days in advance thereof. Action to 
separate the member is not effective, without the consent of the 
member, until the Isist day of the month in which the 60-day notice 
expires.". 
Effective date. 
(B) The amendment made by subparagraph (A) shall take effect 2 
5 use 8335 note, years after the date of enactment of this Act. 
(2) Section 8335(e), as so redesignated by paragraph (IXA), is 
amended by inserting "(other than a member of the Capitol Police)" 
after "employee". 
(c) COMPUTATION.—(1) Section 8339 is amended by adding at the 
end the following new subsection: 
"(q) The annuity of a member of the Capitol Police, or former 
member of the Capitol Police, retiring under this subchapter is 
computed in accordance with subsection (b), except that, in the case 
PUBLIC LAW 101-428—OCT. 15, 1990 
104 STAT. 929 
of a member who retires under section 8335(d) or 8336(m), and who 
meets the requirements of subsection (bX2), the annuity of such 
member is— 
"(1) 2V2 percent of the member's average pay multiplied by so 
much of such member's total service as does not exceed 20 
years; plus 
"(2) 2 percent of the member's average pay multiplied by so 
much of such member's total service as exceeds 20 years.". 
(2XA) The amendment made by paragraph (1) shall take effect 4 Effective date, 
years after the date of enactment of this Act, and shall apply with ^ USC 8339 note, 
respect to any annuity, entitlement to which is based on a separa-
tion occurring on or after that effective date, subject to subpara-
graph (B). 
(B) Nothing in this subsection or in the amendment made by this 
subsection shall, with respect to any service performed before the 
effective date of such amendment, have the effect of reducing the 
percentage applicable in computing any portion of an annuity based 
on such service below the percentage which would otherwise apply if 
this Act had not been enacted. 
(d) 
TECHNICAL AND 
CONFORMING AMENDMENTS.—(1) 
Section 
8337(a) is amended in the last sentence by striking "8339(a)-(e) or 
(n)" and inserting "8339(a)-(e), (n), or (q)". 
(2) Subsections (f) and (m) of section 8339 are each amended by 
striking "(a)-(e) and (n)" and inserting "(a)-(e), (n), and (q)". 
(3) Section 8339(g) is amended— 
(A) in paragraph (2), by striking "(a)-(c) or (n)" and inserting 
"(a)-(c),(n),or(q)";and 
(B) in the matter following paragraph (2), by striking "(c), or 
(n)" each place it appears and inserting "(c), (n), or (q)". 
(4) Section 8339(i) is amended by striking "(a)-(h) and (n)" and 
inserting "(a)-(h), (n), and (q)". 
(5) Sections 8339(j), 8339(kXl), and 8343a are each amended by 
striking "(a)-(i) and (n)" each place it appears and inserting "(a)-(i), 
(n),and(q)". 
(6) Section 8339(1) is amended by striking "(a)-(k) and (n)" and 
inserting "(a)-(k), (n), and (q)". 
(7) Subsections (b)(1) and (d) of section 8341 are each amended by 
striking "(n), and (o)" and inserting "(n), (o), and (q)". 
(8) Section 8344(aXA) is amended by striking "(i), and (n)" and 
inserting "(i), (n), and (q)". 
SEC. 3. AMENDMENTS TO CHAPTER 84. 
(a) IMMEDIATE RETIREMENT.—Section 8412(d) is amended by strik-
ing "officer" each place it appears and inserting "officer, member of 
the Capitol Police,". 
(b) MANDATORY SEPARATION.—(IXA) Section 8425(b) is amended by 
striking "officer" each place it appears and inserting "officer, 
member of the Capitol Police,". 
(B) Nothing in section 8425(b) of title 5, United States Code, as 5 USC 8425 note, 
amended by subparagraph (A), shall require the automatic separa-
tion of any member of the Capitol Police before the end of the 2-year 
period beginning on the date of enactment of this Act. 
104 STAT. 930 
PUBLIC LAW 101-428—OCT. 15, 1990 
(2) Section 8425(c) is amended by inserting "(other than a member 
of the Capitol Pohce)" after "employee". 
Approved October 15,1990. 
LEGISLATIVE HISTORY—H.R. 5641: 
CONGRESSIONAL RECX)RD, Vol. 136 (1990): 
Sept. 27, considered and passed House. 
Oct. 2, considered and passed Senate.