[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 633 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 633
To amend the Foreign Service Act of 1980 to provide that the annuities
of certain special agents and security personnel of the Department of
State be computed in the same way as applies generally with respect to
Federal law enforcement officers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 1997
Mr. Davis of Virginia introduced the following bill; which was referred
to the Committee on International Relations, and in addition to the
Committee on Government Reform and Oversight, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Foreign Service Act of 1980 to provide that the annuities
of certain special agents and security personnel of the Department of
State be computed in the same way as applies generally with respect to
Federal law enforcement officers, 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. AMENDMENTS RELATING TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY SYSTEM.
(a) Definition of a Special Agent.--
(1) In general.--Section 804 of the Foreign Service Act of
1980 (22 U.S.C. 4044) is amended by striking ``and'' at the end
of paragraph (13), by striking the period at the end of
paragraph (14) and inserting ``; and'', and by adding at the
end the following:
``(15) `special agent' means an employee of the Bureau of
Diplomatic Security, Department of State, who occupies a
position that is classified as a foreign service specialist,
2501 series or skill code, including--
``(A) any position so classified before, on, or
after the date of the enactment of this paragraph
(including any position which would have been so
classified but for any series or skill code
redesignation effected after December 31, 1996); and
``(B) any such position which is supervisory or
administrative in nature.''.
(2) Conforming amendment.--Section 852 of such Act (22
U.S.C. 4071a) is amended by striking ``and'' at the end of
paragraph (7), by striking the period at the end of paragraph
(8) and inserting ``; and'', and by adding at the end the
following:
``(9) the term `special agent' has the same meaning given
in section 804(15).''.
(b) Contributions.--
(1) In general.--Subsection (a) of section 805 of such Act
(22 U.S.C. 4045(a)) is amended by adding at the end the
following:
``(3) In the case of a special agent, paragraph (1) shall be
applied by substituting for `7 percent' the percentage which would
apply under section 8334(c) of title 5, United States Code, with
respect to the period of service involved, if that service had been
performed as a law enforcement officer (as defined by section 8331(20)
of such title).''.
(2) Conforming amendment.--Paragraph (1) of section 805(a)
of such Act is amended by striking ``Except as provided in
subsection (h),'' and inserting ``Except as otherwise provided
in this section,''.
(c) Special Contribution for Prior Nondeposit Service.--Subsection
(d) of section 805 of such Act (22 U.S.C. 4045(d)) is amended by adding
at the end the following:
``(6) Subject to paragraph (4) and subsection (h), for purposes of
applying this subsection with respect to prior service as a special
agent, the percentages of basic pay set forth in section 8334(c) of
title 5, United States Code, with respect to a law enforcement officer,
shall apply instead of the percentages set forth in paragraph (1).''.
(d) Computation of Annuities.--
(1) In general.--Subsection (a) of section 806 of such Act
(22 U.S.C. 4046(a)) is amended--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following:
``(6)(A) The annuity of a special agent retiring under this
subchapter shall be computed under paragraph (1) except that, in the
case of a special agent described in subparagraph (B), paragraph (1)
shall be applied by substituting for `2 percent'--
``(i) the percentage under subparagraph (A) of section
8339(d)(1) of title 5, United States Code, for so much of the
participant's total service as is specified thereunder; and
``(ii) the percentage under subparagraph (B) of section
8339(d)(1) of title 5, United States Code, for so much of the
participant's total service as is specified thereunder.
``(B) A special agent described in this subparagraph is any such
agent who--
``(i) retires voluntarily or involuntarily under section
607, 608, 611, 811, 812, or 813, under conditions authorizing
an immediate annuity, other than for cause on charges of
misconduct or delinquency; and
``(ii) at the time of retirement--
``(I) if voluntary, is at least 50 years of age and
has completed at least 20 years of service as a special
agent; or
``(II) if involuntary, has completed at least 20
years of service as a special agent.
``(C) For purposes of clause (ii) of subparagraph (B), included
with the years of service performed by an individual as a special agent
shall be any service performed by such individual as a law enforcement
officer (within the meaning of section 8331(20) or section 8401(17) of
title 5, United States Code), a member of the Metropolitan Police of
the District of Columbia, or a member of the Capitol Police.''.
(2) Special rule for those who exercised election rights
under section 860.--Subsection (a) of section 806 of such Act
(22 U.S.C. 4046(a)), as amended by paragraph (1), is further
amended--
(A) by redesignating paragraph (7) (as so
redesignated by paragraph (1)) as paragraph (8); and
(B) by inserting after paragraph (6) (as added by
paragraph (1)) the following:
``(7) In the case of special agent who becomes or became subject to
subchapter II pursuant to an election under section 860--
``(A) for purposes of clause (ii) of paragraph (6)(B), any
service performed by the individual as a special agent (whether
under this subchapter or under subchapter II) shall be
creditable; and
``(B) if the individual satisfies paragraph (6)(B), the
portion of such individual's annuity which is attributable to
service preceding the effective date of such election shall be
computed in conformance with paragraph (6).''.
(3) Technical and conforming amendments.--(A) Paragraph (7)
of section 806(a) of such Act (22 U.S.C. 4046(a)), as so
designated by paragraph (1), is amended by striking ``and (4)''
and inserting ``(4), and (6)''.
(B) Paragraphs (1) and (3) of section 855(b) of such Act
(22 U.S.C. 4071d(b)) are amended by inserting ``611,'' after
``608,''.
(e) Treatment of Service If Participant Transfers.--
(1) To csrs.--Section 811 of such Act (22 U.S.C. 4051) is
amended by adding at the end the following: ``For purposes of
any annuity under the Civil Service Retirement System to which
a participant becomes entitled under the preceding sentence,
service performed by such participant as a special agent shall
be treated in the same way as if it had been performed as a law
enforcement officer (within the meaning of section 8331(20) of
such title 5).''.
(2) To fers.--Section 859 of such Act (22 U.S.C. 4071h) is
amended by adding at the end the following:
``(d) For purposes of any annuity to which a participant becomes
entitled under the Federal Employees' Retirement System, any service
performed by such participant as a special agent under this subchapter
shall (if or to the extent that it becomes creditable under that
system) be treated in the same way as if it had been performed as a law
enforcement officer (within the meaning of section 8401(17) of title 5,
United States Code).''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to any annuity under chapter 83 or 84
of title 5, United States Code, commencing on or after the date
of the enactment of this Act.
SEC. 2. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--Except as provided in section 1(e)(3), this Act
and the amendments made by this Act--
(1) shall take effect as of the first day of the first
month beginning after the end of the 6-month period which
begins on the date of the enactment of this Act; and
(2) shall apply with respect to--
(A) any individual first appointed on or after that
date as a special agent; and
(B) any individual making an election under
subsection (b) or (c), subject to the provisions of
such subsection.
(b) Election for Current Participants.--
(1) Eligibility.--An election under this subsection may be
made by any individual who is serving as a special agent at the
time of making such election.
(2) Effect of an election.--
(A) In general.--If an individual makes an election
under this subsection, the amendments made by this Act
shall become applicable with respect to such
individual, subject to subparagraph (B).
(B) Treatment of prior service.--
(i) Special contribution.--An individual
may, at the time of making the election under
this subsection, make a special contribution up
to the full amount of the difference between
the contributions actually deducted from pay
for prior service and the deductions that would
have been required if the amendments made by
this Act had then been in effect. Any special
contribution under this clause shall be
computed under regulations based on section
805(d) of the Foreign Service Act of 1980 (as
amended by section 1), including provisions
relating to the computation of interest.
(ii) Actuarial reduction.--
(I) Rule if the special
contribution is paid.--If the full
amount of the special contribution
under clause (i) is paid, no reduction
under this clause shall apply.
(II) Rule if less than the entire
amount is paid.--If no special
contribution under clause (i) is paid,
or if less than the entire amount of
such special contribution is paid, the
recomputed annuity shall be reduced by
an amount sufficient to make up the
actuarial present value of the
shortfall.
(c) Election for Certain Retirees.--
(1) Eligibility.--An election under this subsection may be
made by any individual who--
(A) separates from service, as a special agent, on
or after January 1, 1997;
(B) as of the date of such election, is entitled to
an immediate annuity under chapter 8 of the Foreign
Service Act of 1980; and
(C) would have satisfied the age and service
requirements for an annuity under section 806(a)(6) of
the Foreign Service Act of 1980 if the amendments made
by this Act had been applied with respect to such
individual since the time such individual commenced
service as a special agent.
(2) Effect of an election.--An individual who makes an
election under this subsection is entitled to a recomputed
annuity, determined as if the amendments made by this Act had
been applied with respect to such individual since the time
such individual commenced service as a special agent. The
provisions of subsection (b)(2)(B) shall apply with respect to
any recomputed annuity under this subsection.
(3) Earlier payments.--Any change in an annuity resulting
from a recomputation under paragraph (2) shall be effective
with respect to payments accruing since the commencement date
of the annuity. However, the amount payable to make up for any
shortfall in payments for periods preceding the effective date
of any such recomputation shall be determined without interest.
(d) Regulations and Notice.--Not later than 6 months after the date
of the enactment of this Act, the Secretary of State--
(1) shall promulgate such regulations as may be necessary
to carry out this Act, including provisions under which an
election under this section may be made by a survivor; and
(2) shall take measures reasonably designed to provide
notice to participants and former participants as to any rights
they might have under this Act, including provisions for
determining the date as of which such notice shall be
considered for purposes of subsection (e) to have been
provided.
(e) Election Deadline.--An election under subsection (b) or (c)
shall not be effective unless it is made within 90 days after the date
on which the relevant notice under subsection (d)(2) is provided.
(f) Definition.--For purposes of this section, the term ``special
agent'' has the meaning given such term under section 804(15) of the
Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as amended by section
1(a).
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