What it changes

1 change to S. 3254 · shown in the bill's text

Adds a section
  1. Adds SEC. 1084. UNITED STATES SECRET SERVICE RETIREMENT at the end of subtitle H of title X

    Adds a section

    In S. 3254 · Placed on Calendar Senate

    (2) to strongly urge the Department of Defense to investigate innovative mechanisms (subject to all appropriate security requirements) to access to the pool of talent of non- United States citizens with advanced scientific and technical degrees from United States institutions of higher education, especially in those scientific and technical areas that are most vital to the national defense (such as those identified by the Assistant Secretary of Defense for Research and Engineering and the Armed Forces).

    Inserted: SEC. 1084. UNITED STATES SECRET SERVICE RETIREMENT.

    Inserted: (a) Sense of the Senate.--It is the sense of the Senate that members of the United States Secret Service Division and the United States Secret Service Uniformed Division hired between January 1, 1984 and December 31, 1986 were promised that, in part as a recruitment and retention tool, they would be eligible to participate in the District of Columbia Police and Firefighters Retirement System.

    Inserted: (b) Authority of Certain Members of United States Secret Service to Elect Coverage Under District of Columbia Police and Firefighter Retirement System.--

    Inserted: (1) In general.--Subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code) is amended--

    Inserted: (A) by striking "Whenever any member" and inserting "(1) In general.--Whenever any member"; and

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

    Inserted: "(2) Coverage of Certain Other Employees of Secret Service.--

    Inserted: "(A) In general.--Paragraph (1) shall apply with respect to a covered employee in the same manner as such paragraph applies to an individual who is authorized to make a transfer of funds under such paragraph, but only if--

    Inserted: "(i) not later than 60 days after receiving notification of the transition cost associated with the application of paragraph (1) to the covered employee (as provided under section 1084(b)(2)(B) of the National Defense Authorization Act for Fiscal Year 2013), the covered employee provides a notification to the Director of the United States Secret Service containing such information and assurances as the Director may require; and

    Inserted: "(ii) on or before the date the covered employee provides a notification under clause (i), the employee makes a lump sum payment in an amount equal to the transition cost associated with the application of paragraph (1) to the covered employee, determined in accordance with section 1084(b)(3) of the National Defense Authorization Act for Fiscal Year 2013, for deposit into the Contributions for Annuity Benefits, United States Secret Service appropriations account of the Department of Homeland Security.

    Inserted: "(B) Adjustment to reflect social security contributions and benefits.--In the case of a covered employee who authorizes a transfer of funds under paragraph (1), such covered employee shall be subject to the same deductions and shall be entitled to the same benefits as provided for under paragraph (1), subject to offset in accordance with section 103(e) of Public Law 100-238 (5 U.S.C. 8334 note).

    Inserted: "(C) Covered employee defined.--In this paragraph, the term 'covered employee' means an individual who--

    Show 25 more inserted paragraphs

    Inserted: "(i) was appointed during 1984, 1985, or 1986--

    Inserted: "(I) as a member of the United States Secret Service Uniformed Division as defined under section 10201(1) of title 5, United States Code; or

    Inserted: "(II) to the United States Secret Service as a criminal investigator as defined under section 5545a(a)(2) of title 5, United States Code;

    Inserted: "(ii) has actively performed duties other than clerical for 10 or more years directly related to the protection mission of the United States Secret Service described under section 3056 of title 18, United States Code;

    Inserted: "(iii) is serving as an officer or member of the United States Secret Service Uniformed Division as defined under section 10201(1) of title 5, United States Code, or is employed by the United States Secret Service as a criminal investigator as defined under section 5545a(a)(2) of title 5, United States Code; and

    Inserted: "(iv) is covered under the Federal Employees' Retirement System under chapter 84 of title 5, United States Code, on the date of enactment of this paragraph.".

    Inserted: (2) Notifications.--

    Inserted: (A) Initial notification by secret service.--Not later than 30 days after the date of the enactment of this Act, the Director of the United States Secret Service shall notify each covered employee that the covered employee may execute an election under this paragraph to have paragraph (1) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code) apply with respect to the covered employee.

    Inserted: (B) Notification of transition cost.--Not later than 15 days after determining the amount of the transition cost associated with the application of paragraph (1) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code) to a covered employee (in accordance with paragraph (3)), the Director of the United States Secret Service shall notify the covered employee of such transition cost.

    Inserted: (3) Transition cost.--

    Inserted: (A) Determination of amount.--The transition cost associated with the application of paragraph (1) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act to a covered employee is the amount by which--

    Inserted: (i) the estimated present value of the payments which would be payable by the Federal Government to the District of Columbia with respect to such employee during the 11-fiscal year period beginning with the fiscal year in which this Act is enacted if such paragraph applies with respect to the covered employee, exceeds

    Inserted: (ii) the estimated present value of the benefits which would be payable from the Civil Service Retirement and Disability Fund with respect to such employee during the 11-year period described in clause (i) if such paragraph does not apply with respect to the covered employee.

    Inserted: (B) Determination.--

    Inserted: (i) In general.--Not later than 60 days after the date of enactment of this Act, the Office of Pay and Retirement Services of the District of Columbia shall determine the transition cost with respect to each covered employee, by applying such assumptions and other methodologies as the Office of Pay and Retirement Services of the District of Columbia considers appropriate, consistent with generally accepted actuarial practices and standards.

    Inserted: (ii) Additional resources.--

    Inserted: (I) In general.--The Office of Pay and Retirement Services of the District of Columbia may enter into contracts as necessary to enable that Office to carry out activities under this subparagraph.

    Inserted: (II) Authorization of appropriations.--There are authorized to be appropriated not to exceed $75,000 to carry out this subparagraph.

    Inserted: (4) Definition.--In paragraphs (2) and (3), the term "covered employee" means an individual described in paragraph (2) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code), as added by paragraph (1).

    Inserted: (c) Forfeiture of Employer Contributions for Thrift Savings Plan.--

    Inserted: (1) In general.--A covered employee shall forfeit all contributions to the Thrift Savings Fund made by an employing agency pursuant to section 8432(c) of title 5, United States Code, for the benefit of the covered employee before the effective date of the election made by the employee under subsection (b)(2) of this section.

    Inserted: (2) Definition.--In this subsection, the term "covered employee" means an individual described in subparagraph (C) of subsection (b)(2) of the Policemen and Firemen's Retirement and Disability Act, as added by this section, who provides a notification in accordance with subparagraph (A) of such subsection (b)(2).

    Inserted: (d) Treatment of Reemployed Annuitants.--

    Inserted: (1) In general.--For purposes of section 8468 of title 5, United States Code, a covered employee (as defined in subsection (c)(2)) who is receiving benefits under the Policemen and Firemen's Retirement and Disability Act pursuant to an election made under subsection (b)(2) shall be deemed to be an annuitant, as defined under section 8401 of title 5, United States Code.

    Inserted: (2) Regulations.--The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection, including regulations under which an employing agency shall accept the certification of the appropriate official of the government of the District of Columbia regarding the amount of retirement benefits being paid to a covered District of Columbia retiree for a period during which such retiree is employed in an appointive or elective position with the agency.

    Original wording

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

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As printed

SA 3167. Mr. LIEBERMAN submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 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. 1084. UNITED STATES SECRET SERVICE RETIREMENT.

(a) Sense of the Senate.--It is the sense of the Senate that members of the United States Secret Service Division and the United States Secret Service Uniformed Division hired between January 1, 1984 and December 31, 1986 were promised that, in part as a recruitment and retention tool, they would be eligible to participate in the District of Columbia Police and Firefighters Retirement System.

(b) Authority of Certain Members of United States Secret Service to Elect Coverage Under District of Columbia Police and Firefighter Retirement System.--

(1) In general.--Subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code) is amended--

(A) by striking “Whenever any member” and inserting “(1) In general.--Whenever any member”; and

(B) by adding at the end the following new paragraph:

“(2) Coverage of Certain Other Employees of Secret Service.--

“(A) In general.--Paragraph (1) shall apply with respect to a covered employee in the same manner as such paragraph applies to an individual who is authorized to make a transfer of funds under such paragraph, but only if--

“(i) not later than 60 days after receiving notification of the transition cost associated with the application of paragraph (1) to the covered employee (as provided under section 1084(b)(2)(B) of the National Defense Authorization Act for Fiscal Year 2013), the covered employee provides a notification to the Director of the United States Secret Service containing such information and assurances as the Director may require; and

“(ii) on or before the date the covered employee provides a notification under clause (i), the employee makes a lump sum payment in an amount equal to the transition cost associated with the application of paragraph (1) to the covered employee, determined in accordance with section 1084(b)(3) of the National Defense Authorization Act for Fiscal Year 2013, for deposit into the Contributions for Annuity Benefits, United States Secret Service appropriations account of the Department of Homeland Security.

“(B) Adjustment to reflect social security contributions and benefits.--In the case of a covered employee who authorizes a transfer of funds under paragraph (1), such covered employee shall be subject to the same deductions and shall be entitled to the same benefits as provided for under paragraph (1), subject to offset in accordance with section 103(e) of Public Law 100-238 (5 U.S.C. 8334 note).

“(C) Covered employee defined.--In this paragraph, the term ‘covered employee' means an individual who--

“(i) was appointed during 1984, 1985, or 1986--

“(I) as a member of the United States Secret Service Uniformed Division as defined under section 10201(1) of title 5, United States Code; or

“(II) to the United States Secret Service as a criminal investigator as defined under section 5545a(a)(2) of title 5, United States Code;

“(ii) has actively performed duties other than clerical for 10 or more years directly related to the protection mission of the United States Secret Service described under section 3056 of title 18, United States Code;

“(iii) is serving as an officer or member of the United States Secret Service Uniformed Division as defined under section 10201(1) of title 5, United States Code, or is employed by the United States Secret Service as a criminal investigator as defined under section 5545a(a)(2) of title 5, United States Code; and

“(iv) is covered under the Federal Employees' Retirement System under chapter 84 of title 5, United States Code, on the date of enactment of this paragraph.”.

(2) Notifications.--

(A) Initial notification by secret service.--Not later than 30 days after the date of the enactment of this Act, the Director of the United States Secret Service shall notify each covered employee that the covered employee may execute an election under this paragraph to have paragraph (1) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code) apply with respect to the covered employee.

(B) Notification of transition cost.--Not later than 15 days after determining the amount of the transition cost associated with the application of paragraph (1) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code) to a covered employee (in accordance with paragraph (3)), the Director of the United States Secret Service shall notify the covered employee of such transition cost.

(3) Transition cost.--

(A) Determination of amount.--The transition cost associated with the application of paragraph (1) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act to a covered employee is the amount by which--

(i) the estimated present value of the payments which would be payable by the Federal Government to the District of Columbia with respect to such employee during the 11-fiscal year period beginning with the fiscal year in which this Act is enacted if such paragraph applies with respect to the covered employee, exceeds

(ii) the estimated present value of the benefits which would be payable from the Civil Service Retirement and Disability Fund with respect to such employee during the 11-year period described in clause (i) if such paragraph does not apply with respect to the covered employee.

(B) Determination.--

(i) In general.--Not later than 60 days after the date of enactment of this Act, the Office of Pay and Retirement Services of the District of Columbia shall determine the transition cost with respect to each covered employee, by applying such assumptions and other methodologies as the Office of Pay and Retirement Services of the District of Columbia considers appropriate, consistent with generally accepted actuarial practices and standards.

(ii) Additional resources.--

(I) In general.--The Office of Pay and Retirement Services of the District of Columbia may enter into contracts as necessary to enable that Office to carry out activities under this subparagraph.

(II) Authorization of appropriations.--There are authorized to be appropriated not to exceed $75,000 to carry out this subparagraph.

(4) Definition.--In paragraphs (2) and (3), the term “covered employee” means an individual described in paragraph (2) of subsection (b) of the Policemen and Firemen's Retirement and Disability Act (sec. 5-703, D.C. Official Code), as added by paragraph (1).

(c) Forfeiture of Employer Contributions for Thrift Savings Plan.--

(1) In general.--A covered employee shall forfeit all contributions to the Thrift Savings Fund made by an employing agency pursuant to section 8432(c) of title 5, United States Code, for the benefit of the covered employee before the effective date of the election made by the employee under subsection (b)(2) of this section.

(2) Definition.--In this subsection, the term “covered employee” means an individual described in subparagraph (C) of subsection (b)(2) of the Policemen and Firemen's Retirement and Disability Act, as added by this section, who provides a notification in accordance with subparagraph (A) of such subsection (b)(2).

(d) Treatment of Reemployed Annuitants.--

(1) In general.--For purposes of section 8468 of title 5, United States Code, a covered employee (as defined in subsection (c)(2)) who is receiving benefits under the Policemen and Firemen's Retirement and Disability Act pursuant to an election made under subsection (b)(2) shall be deemed to be an annuitant, as defined under section 8401 of title 5, United States Code.

(2) Regulations.--The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection, including regulations under which an employing agency shall accept the certification of the appropriate official of the government of the District of Columbia regarding the amount of retirement benefits being paid to a covered District of Columbia retiree for a period during which such retiree is employed in an appointive or elective position with the agency.

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Senate amendment submitted

November 28, 2012