119-hr3226

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3226 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3226

 To amend title 5, United States Code, to include certain Federal 
 positions within the definition of law enforcement officer for 
 retirement purposes, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 7, 2025

 Mr. Garbarino (for himself, Mr. Connolly, and Mr. Fitzpatrick) 
 introduced the following bill; which was referred to the Committee on 
 Oversight and Government Reform

_______________________________________________________________________

 A BILL

 To amend title 5, United States Code, to include certain Federal 
 positions within the definition of law enforcement officer for 
 retirement purposes, 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 ``Law Enforcement Officers Equity 
Act''.

SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFINITION OF LAW 
 ENFORCEMENT OFFICER FOR PURPOSES OF RETIREMENT.

    (a) Federal Employees Retirement System.--

Section 8401

    (17) of title 
5, United States Code, is amended--

    (1) in subparagraph
            (C) --
        (A) by striking ``subparagraph
        (A) and
        (B) '' and 
 inserting ``subparagraphs
        (A) ,
        (B) ,
        (E) ,
        (F) ,
        (G) ,
        (H) , 
 and
            (I) ''; and
        (B) by striking ``and'' at the end; and

    (2) by adding at the end the following:
 ``
        (E) an employee not otherwise covered by this 
 paragraph--
 ``
            (i) the duties of whose position include 
 the investigation or apprehension of 
 individuals suspected or convicted of offenses 
 against the criminal laws of the United States; 
 and
 ``
            (ii) who is authorized to carry a 
 firearm;
 ``
        (F) an employee of the Internal Revenue Service, 
 the duties of whose position are primarily the--
 ``
            (i) collection of delinquent taxes; and
 ``
            (ii) securing of delinquent returns;
 ``
        (G) an employee of the United States Postal 
 Inspection Service;
 ``
        (H) an employee of the Department of Veterans 
 Affairs who is a Department police officer under 
 

section 902 of title 38; and
 ``
            (I) an employee of U.S. Customs and Border 
 Protection--
 ``
            (i) who is a seized property specialist 
 in the GS-1801 job series; and
 ``
            (ii) the duties of whose position include 
 activities relating to the efficient and 
 effective custody, management, and disposition 
 of seized and forfeited property;''.

    (b) Civil Service Retirement System.--

Section 8331

    (20) of title 5, 
United States Code, is amended, in the matter preceding subparagraph
        (A) --

    (1) by inserting ``and an individual described in any of 
 subparagraphs
        (E) through
            (I) of 

section 8401

    (17) '' after 
 ``United States''; and

    (2) by striking ``this activity'' and inserting ``such 
 activity or described in any such subparagraph''.
            (c) Application.--The amendments made by this section shall apply 
to any--

    (1) individual who is appointed as a law enforcement 
 officer--
        (A) as defined in 

section 8331

    (20) or 8401

    (17) of 
 title 5, United States Code (as amended by this 
 section); and
        (B) on or after the date of enactment of this Act; 
 and

    (2) incumbent (as defined in 

section 3

    (a)

    (3) ), consistent 
 with the requirements of 

section 3.

SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS.

    (a) 

=== Definitions. ===
-In this section--

    (1) the term ``Director'' means the Director of the Office 
 of Personnel Management;

    (2) the term ``Fund'' means the Civil Service Retirement 
 and Disability Fund;

    (3) the term ``incumbent'' means an individual who--
        (A) was appointed as a law enforcement officer 
 before the date of enactment of this Act; and
        (B) is serving as a law enforcement officer on the 
 date of enactment of this Act;

    (4) the term ``law enforcement officer'' means an 
 individual who satisfies the requirements of 

section 8331

    (20) or 8401

    (17) of title 5, United States Code, by virtue of the 
 amendments made by 

section 2;

    (5) the term ``prior service'' means, with respect to an 
 incumbent who makes an election under subsection

    (b)

    (2) , 
 service performed by the incumbent before the date on which 
 appropriate retirement deductions begin to be made under the 
 election; and

    (6) the term ``service'' means service performed by an 
 individual as a law enforcement officer.

    (b) Treatment of Service Performed by Incumbents.--

    (1) Service on or after date of enactment.--Service 
 performed by an incumbent on or after the date of enactment of 
 this Act shall be treated as service performed as a law 
 enforcement officer.

    (2) Service before date of enactment.--Service performed by 
 an incumbent before the date of 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 only if the incumbent submits a 
 written election to the Director by the earlier of--
        (A) the date that is 5 years after the date of 
 enactment of this Act; or
        (B) the day before the date on which the incumbent 
 separates from the service.
            (c) Individual Contributions for Prior Service.--

    (1) In general.--An incumbent who makes an election under 
 subsection

    (b)

    (2) may, with respect to prior service performed 
 by the incumbent, pay a deposit into the Fund equal to the sum 
 of--
        (A) the difference between--
            (i) the amount that would have been 
 deducted during the period of prior service 
 under 

section 8334 or 8422 of title 5, United 
 States Code, from the pay of the incumbent if 
 the amendments made by 

section 2 had been in 
 effect during the prior service; and
            (ii) the amount that was deducted during 
 the period of prior service under 

section 8334 
 or 8422 of title 5, United States Code; and
        (B) interest on the amount described in 
 subparagraph
        (A)
            (i) , as computed under--
            (i) paragraphs

    (2) and

    (3) of 

section 8334

    (e) of title 5, United States Code; and
            (ii) regulations promulgated by the 
 Director.

    (2) Effect of not contributing.--If an incumbent does not 
 pay the full amount of the deposit described in paragraph

    (1) , 
 all prior service of the incumbent--
        (A) shall remain fully creditable as a law 
 enforcement officer; and
        (B) the resulting annuity shall be reduced--
            (i) in a manner similar to that described 
 in 

section 8334
            (d) (2) of title 5, United States 
 Code; and
            (ii) to the extent necessary to make up the 
 amount unpaid.
            (d) Government Contributions for Prior Service.--

    (1) In general.--If an incumbent makes an election under 
 subsection

    (b)

    (2) , an agency that employed the incumbent during 
 any prior service of the incumbent shall remit to the Director, 
 for deposit in the Fund, an amount equal to the sum of--
        (A) the difference between--
            (i) the total amount of Government 
 contributions that would have been paid under 
 

section 8334 or 8423 of title 5, United States 
 Code, if the amendments made by 

section 2 had 
 been in effect during the prior service; and
            (ii) the total amount of Government 
 contributions paid under 

section 8334 or 8423 
 of title 5, United States Code; and
        (B) interest on the amount described in 
 subparagraph
        (A)
            (i) , as computed in accordance with--
            (i) paragraphs

    (2) and

    (3) of 

section 8334

    (e) of title 5, United States Code; and
            (ii) regulations promulgated by the 
 Director.

    (2) Contributions to be made ratably.--Government 
 contributions under this subsection on behalf of an incumbent 
 shall be made by the agency ratably (not less frequently than 
 annually) over the 10-year period beginning on the date 
 described in subsection

    (a)

    (5) .

    (e) Exemption From Mandatory Separation.--Notwithstanding 

section 8335

    (b) or 8425

    (b) of title 5, United States Code, a law enforcement 
officer shall not be subject to mandatory separation during the 3-year 
period beginning on the date of enactment of this Act.

    (f) Regulations.--The Director shall prescribe regulations to carry 
out this Act, including regulations for the application of this section 
in the case of any individual entitled to a survivor annuity (based on 
the service of an incumbent who dies before making an election under 
subsection

    (b)

    (2) ), to the extent of any rights that would have been 
available to the decedent if still living.

    (g) Rule of Construction.--Nothing in this section shall be 
considered to apply in the case of a reemployed annuitant.
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