Bill Summary
The "First Responder Fair Return for Employees on Their Initial Retirement Earned Act of 2019" aims to provide retirement benefits to disabled first responders, security and intelligence personnel, and law enforcement officers. It also requires federal agencies to make efforts to retain the specialized knowledge and experience of these individuals by reappointing them to similar positions. This section also outlines eligibility criteria for creditable service for special agents who become permanently unable to serve in a covered position due to an illness or injury sustained while performing official duties. The term "covered position" is defined and the section requires agencies to promulgate regulations to carry out the amendments made by this Act. These changes apply to individuals who suffer from an eligible illness or injury on or after 2 years from the date of enactment.
Possible Impacts
1. A disabled firefighter who was injured in the line of duty will receive retirement benefits as if they had not been disabled, allowing them to continue to support themselves and their families after their retirement.
2. An air traffic controller who becomes permanently unable to serve due to an illness incurred while performing official duties will be eligible for creditable service in a non-covered position, providing them with continued support and recognition for their service.
3. A diplomatic security special agent who is injured while performing official duties abroad will be able to retain their specialized knowledge and experience by being reappointed to a position within the same agency at a level of pay commensurate to their previous position, ensuring they are able to continue to contribute to national security efforts.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 531 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 531
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2019
Mr. Tester (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
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 2019'' 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.
<all>