S.Amdt. 3268Senate112th Congress (2011-2013)

To modify the age and retirement treatment under the Federal Employees Retirement System for certain retirees of the Armed Forces.

What it does: Adds SEC. 1104. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES at the end of title XI
Submitted November 29, 2012

What it changes

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

Adds a section
  1. Adds SEC. 1104. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND RETIREMENT TREATMENT FOR CERTAIN RETIREES OF THE ARMED FORCES at the end of title XI

    Adds a section

    In S. 3254 · Placed on Calendar Senate

    Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4616) and amended by section 1112 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1616), is further amended by striking "2013" and inserting "2014".

    Inserted: SEC. 1104. 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.--Section 3307(e) of title 5, United States Code, is amended--

    Inserted: (A) in paragraph (1), by inserting "or (3)" after "paragraph (2)"; and

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

    Inserted: "(3) The maximum age limit for an original appointment to a position as a law enforcement officer (as defined in section 8401(17)) 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 such title), or customs and border protection officer (as defined in section 8401(36) of such title) 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 such title 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, nuclear materials courier, customs or border protection officer, or any combination of such service totaling 10 years, if such employee--

    Show 17 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, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 1104(e) of the National Defense Authorization Act for Fiscal Year 2013, and

    Inserted: "(B) on the date that original appointment met the requirements of section 3307(e)(2) of this title or section 1104(a)(2) of the National Defense Authorization Act for Fiscal Year 2013,".

    Inserted: (c) Mandatory Separation.--Section 8425 of such title is amended--

    Inserted: (1) in subsection (b)(1), in the first sentence, by inserting ", except that a law enforcement officer, nuclear materials courier, or customs and border protection officer eligible for retirement under section 8412(d)(3) shall be separated from the 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 section 8412(d)(3) shall be separated from the 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 section 8412(d)(3) shall be separated from the 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(e) of such title is amended--

    Inserted: (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

    Inserted: (2) by striking "The annuity of an employee" and inserting "(1) Except as provided in paragraph (2), the annuity of an employee"; and

    Inserted: (3) by adding at the end the following:

    Inserted: "(2)(A) The annuity of an employee retiring under subsection (d) or (e) of section 8412 or under subsection (a), (b), or (c) of section 8425 who is an employee described in subparagraph (B) is--

    Inserted: "(i) 1 7/10 percent of that individual's average pay multiplied by so much of such individual's civilian service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, nuclear materials courier, customs and border protection officer, or air traffic controller that, in the aggregate, does not exceed 20 years; plus

    Inserted: "(ii) 1 percent of that individual's average pay multiplied by the remainder of such individual's total service.

    Inserted: "(B) An employee described in this subparagraph is an employee who--

    Inserted: "(i) is originally appointed to a position as a law enforcement officer, member of the Capitol Police or Supreme Court Police, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 1104(e) of the National Defense Authorization Act for Fiscal Year 2013; and

    Inserted: "(ii) on the date that original appointment met the requirements of section 3307(e)(2) of this title or section 1104(a)(2) of the National Defense Authorization Act for Fiscal Year 2013.".

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

    Original wording

    At the end of title XI, add the following:

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

As printed

SA 3268. Mr. HATCH 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 title XI, add the following:

SEC. 1104. 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.--Section 3307(e) of title 5, United States Code, is amended--

(A) in paragraph (1), by inserting “or (3)” after “paragraph (2)”; and

(B) by adding at the end the following:

“(3) The maximum age limit for an original appointment to a position as a law enforcement officer (as defined in section 8401(17)) 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 such title), or customs and border protection officer (as defined in section 8401(36) of such title) 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 such title 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, 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, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 1104(e) of the National Defense Authorization Act for Fiscal Year 2013, and

“(B) on the date that original appointment met the requirements of section 3307(e)(2) of this title or section 1104(a)(2) of the National Defense Authorization Act for Fiscal Year 2013,”.

(c) Mandatory Separation.--Section 8425 of such title is amended--

(1) in subsection (b)(1), in the first sentence, by inserting “, except that a law enforcement officer, nuclear materials courier, or customs and border protection officer eligible for retirement under section 8412(d)(3) shall be separated from the 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 section 8412(d)(3) shall be separated from the 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 section 8412(d)(3) shall be separated from the 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(e) of such title is amended--

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2) by striking “The annuity of an employee” and inserting “(1) Except as provided in paragraph (2), the annuity of an employee”; and

(3) by adding at the end the following:

“(2)(A) The annuity of an employee retiring under subsection (d) or (e) of section 8412 or under subsection (a), (b), or (c) of section 8425 who is an employee described in subparagraph (B) is--

“(i) 1 7/10 percent of that individual's average pay multiplied by so much of such individual's civilian service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, nuclear materials courier, customs and border protection officer, or air traffic controller that, in the aggregate, does not exceed 20 years; plus

“(ii) 1 percent of that individual's average pay multiplied by the remainder of such individual's total service.

“(B) An employee described in this subparagraph is an employee who--

“(i) is originally appointed to a position as a law enforcement officer, member of the Capitol Police or Supreme Court Police, nuclear materials courier, or customs and border protection officer on or after the effective date of this paragraph under section 1104(e) of the National Defense Authorization Act for Fiscal Year 2013; and

“(ii) on the date that original appointment met the requirements of section 3307(e)(2) of this title or section 1104(a)(2) of the National Defense Authorization Act for Fiscal Year 2013.”.

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

Legislative Activity

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Senate amendment agreed to: Amendment SA 3268 agreed to in Senate by Voice Vote.

December 3, 2012

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Senate amendment agreed to: Amendment SA 3268 agreed to in Senate by Voice Vote.

December 3, 2012

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Senate amendment proposed (on the floor): Amendment SA 3268 proposed by Senator Levin for Senator Hatch.

December 3, 2012

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Amendment SA 3268 proposed by Senator Levin for Senator Hatch. (consideration: CR S7324-7329; text: CR S7328) To modify the age and retirement treatment under the Federal Employees Retirement System for certain retirees of the Armed Forces.

December 3, 2012

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Amendment SA 3268 agreed to in Senate by Voice Vote.

December 3, 2012

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Senate amendment submitted

November 29, 2012