S.Amdt. 1739Senate111th Congress (2009-2011)

To provide for an increase in the maximum age limit for an original appointment to certain Federal employee positions for retirees of the Armed Forces and eligibility for an annuity under the Federal Employees Retirement System for such retirees.

What it does: Adds SEC. 1083. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES at the end of subtitle H of title X
Submitted July 22, 2009

What it changes

1 change to S. 1390 · shown in the bill's text

Adds a section
  1. Adds SEC. 1083. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES at the end of subtitle H of title X

    Adds a section

    In S. 1390 · Placed on Calendar Senate

    (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with a conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

    Inserted: SEC. 1083. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES.

    Inserted: (a) Increase in Maximum Age Limit for Positions Subject to FERS.--

    Inserted: (1) Law enforcement officers and firefighters.--Section 3307(e) of title 5, United States Code, is amended--

    Inserted: (A) by striking "(e) The" and inserting "(e)(1) Except as provided in paragraph (2), the"; and

    Inserted: (B) by adding at the end the following:

    Inserted: "(2) The maximum age limit for an original appointment to a position as a firefighter or law enforcement officer (as defined by section 8401(14) or (17), respectively) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay.".

    Inserted: (2) Other positions.--The maximum age limit for an original appointment to a position as a member of the Capitol Police or Supreme Court Police, nuclear materials courier (as defined under section 8401(33) of title 5, United States Code), or customs and border protection officer (as defined in section 8401(36) of title 5, United States Code) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay.

    Inserted: (b) Eligibility for Annuity.--Section 8412(d) of title 5, United States Code, is amended--

    Inserted: (1) in paragraph (1), by striking "or" at the end;

    Inserted: (2) in paragraph (2), by adding "or" at the end; and

    Inserted: (3) by inserting after paragraph (2) the following:

    Inserted: "(3) after becoming 57 years of age and completing 10 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, customs or border protection officer, or any combination of such service totaling 10 years, if such employee--

    Show 10 more inserted paragraphs

    Inserted: "(A) is originally appointed to a position as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 2(e) of the Federal Employee Retirement Treatment Act for Military Retirees Act of 2009; and

    Inserted: "(B) on the date that original appointment met the requirements of section 3307(e)(2) of this title or section 2(a)(2) of the Federal Employee Retirement Treatment Act for Military Retirees Act of 2009.".

    Inserted: (c) Mandatory Separation.--Section 8425 of title 5, United States Code, is amended--

    Inserted: (1) in subsection (b)(1), in the first sentence, by inserting ", except that a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age" before the period;

    Inserted: (2) in subsection (c), in the first sentence, by inserting ", except that a member of the Capitol Police eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age" before the period; and

    Inserted: (3) in subsection (d), in the first sentence, by inserting ", except that a member of the Supreme Court Police eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age" before the period.

    Inserted: (d) Computation of Basic Annuity.--Section 8415(d) of title 5, United States Code, is amended--

    Inserted: (1) in paragraph (1), by striking "total service as" and inserting "civilian service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, customs and border protection officer, or air traffic controller that, in the aggregate,"; and

    Inserted: (2) in paragraph (2), by striking "so much of such individual's total service as exceeds 20 years" and inserting "the remainder of such individual's total service".

    Inserted: (e) Effective Date.--This section (including the amendments made by this section) shall take effect 60 days after the date of the enactment of this Act and shall apply to appointments made on or after that effective date.

    Original wording

    At the end of subtitle H of title X, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1739. Mr. HATCH (for himself, Mr. Webb, Mr. Bennett, Mr. Voinovich, and Ms. Collins) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 1083. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES.

(a) Increase in Maximum Age Limit for Positions Subject to FERS.--

(1) Law enforcement officers and firefighters.--Section 3307(e) of title 5, United States Code, is amended--

(A) by striking “(e) The” and inserting “(e)(1) Except as provided in paragraph (2), the”; and

(B) by adding at the end the following:

“(2) The maximum age limit for an original appointment to a position as a firefighter or law enforcement officer (as defined by section 8401(14) or (17), respectively) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay.”.

(2) Other positions.--The maximum age limit for an original appointment to a position as a member of the Capitol Police or Supreme Court Police, nuclear materials courier (as defined under section 8401(33) of title 5, United States Code), or customs and border protection officer (as defined in section 8401(36) of title 5, United States Code) shall be 47 years of age, in the case of an individual who on the effective date of such appointment is eligible to receive retired pay or retainer pay for military service, or pension or compensation from the Department of Veterans Affairs instead of such retired or retainer pay.

(b) Eligibility for Annuity.--Section 8412(d) of title 5, United States Code, is amended--

(1) in paragraph (1), by striking “or” at the end;

(2) in paragraph (2), by adding “or” at the end; and

(3) by inserting after paragraph (2) the following:

“(3) after becoming 57 years of age and completing 10 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, customs or border protection officer, or any combination of such service totaling 10 years, if such employee--

“(A) is originally appointed to a position as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 2(e) of the Federal Employee Retirement Treatment Act for Military Retirees Act of 2009; and

“(B) on the date that original appointment met the requirements of section 3307(e)(2) of this title or section 2(a)(2) of the Federal Employee Retirement Treatment Act for Military Retirees Act of 2009.”.

(c) Mandatory Separation.--Section 8425 of title 5, United States Code, is amended--

(1) in subsection (b)(1), in the first sentence, by inserting “, except that a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age” before the period;

(2) in subsection (c), in the first sentence, by inserting “, except that a member of the Capitol Police eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age” before the period; and

(3) in subsection (d), in the first sentence, by inserting “, except that a member of the Supreme Court Police eligible for retirement under 8412(d)(3) shall be separated from service on the last day of the month in which that employee becomes 57 years of age” before the period.

(d) Computation of Basic Annuity.--Section 8415(d) of title 5, United States Code, is amended--

(1) in paragraph (1), by striking “total service as” and inserting “civilian service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, customs and border protection officer, or air traffic controller that, in the aggregate,”; and

(2) in paragraph (2), by striking “so much of such individual's total service as exceeds 20 years” and inserting “the remainder of such individual's total service”.

(e) Effective Date.--This section (including the amendments made by this section) shall take effect 60 days after the date of the enactment of this Act and shall apply to appointments made on or after that effective date.

Legislative Activity

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4 earlier actions
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Senate amendment agreed to: Amendment SA 1739 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S8012-8013)

July 23, 2009

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Floor

Senate amendment agreed to: Amendment SA 1739 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S8012-8013)

July 23, 2009

Floor

Senate amendment proposed (on the floor): Amendment SA 1739 proposed by Senator McCain for Senator Hatch.(consideration: CR S8005-8017)

July 23, 2009

Floor

Amendment SA 1739 proposed by Senator McCain for Senator Hatch. (consideration: CR S8005-8017) To provide for an increase in the maximum age limit for an original appointment to certain Federal employee positions for retirees of the Armed Forces and eligibility for an annuity under the Federal Employees Retirement System for such retirees.

July 23, 2009

Floor

Amendment SA 1739 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S8012-8013)

July 23, 2009

Floor

Senate amendment submitted

July 22, 2009