H.R. 3226 — Law Enforcement Officers Equity Act

This section expands the definition of law enforcement officer for enhanced retirement benefits (i.e., retirement at age 50 with 20 years of service or any age with 25 years) under the Federal Employees Retirement System (FERS) and Civil Service Retirement System (CSRS) to include five categories of employees: (1) those whose duties include investigating or apprehending individuals suspected or convicted of federal crimes and who are authorized to carry a firearm; (2) Internal Revenue Service employees primarily engaged in collecting delinquent taxes and securing delinquent returns; (3) U.S. Postal Inspection Service employees; (4) Department of Veterans Affairs police officers; and (5) U.S. Customs and Border Protection seized property specialists in the GS-1801 job series whose duties involve the custody, management, and disposition of seized and forfeited property. (Thus, these employees become eligible for law enforcement officer annuity computation rates and contribution levels.) The amendments apply to individuals appointed as law enforcement officers on or after the date of enactment and to incumbents (as defined in section 3(a)(3)), consistent with section 3.

This section establishes procedures under the Civil Service Retirement System (CSRS, 5 U.S.C. ch. 83 subch. III) and Federal Employees Retirement System (FERS, 5 U.S.C. ch. 84) for incumbent law enforcement officers—individuals appointed and serving as such on the date of enactment, as defined by amendments made by section 2—to treat their service as law enforcement officer service eligible for enhanced retirement benefits (e.g., higher contributions and earlier retirement eligibility). (1) Service on or after enactment is automatically treated as such; (2) prior service is treated as such only if the incumbent elects in writing within 5 years of enactment or before separation, whichever is earlier; (3) electing incumbents may deposit into the Civil Service Retirement and Disability Fund the difference in individual retirement deductions for prior service (plus interest), with partial deposits reducing the resulting annuity or survivor annuity; (4) employing agencies must remit the difference in government contributions for prior service (plus interest) ratably over 10 years; and (5) incumbents are exempt from mandatory separation for 3 years from enactment. The Director of the Office of Personnel Management (OPM) must issue implementing regulations, including for survivor annuities if the incumbent dies before electing. (Thus, incumbents may qualify for law enforcement officer retirement benefits retroactively, with shared deposit costs and a temporary separation waiver.)