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H.R. 3226: Law Enforcement Officers Equity Act

This bill, titled the Law Enforcement Officers Equity Act, aims to modify the definition of law enforcement officers within federal retirement systems to include additional positions. The primary objectives of the bill are outlined as follows:

Inclusion of Additional Positions

The bill proposes amendments to the Federal Employees Retirement System (FERS) and Civil Service Retirement System (CSRS) to classify certain federal positions as law enforcement officers. This classification would include:

Employees involved in criminal investigations: Individuals whose jobs include investigating or apprehending those suspected or convicted of violating U.S. criminal laws and who are permitted to carry firearms.
IRS Employees: Employees of the Internal Revenue Service whose main responsibilities include collecting delinquent taxes and securing delinquent returns.
Postal Inspection Service Employees: Employees working for the United States Postal Inspection Service.
Department of Veterans Affairs Police: Department police officers working for the Department of Veterans Affairs.
Customs and Border Protection Employees: Seized property specialists at U.S. Customs and Border Protection involved in managing confiscated and forfeited properties.

Retirement Benefits Eligibility

The amendments would allow individuals in these newly included positions to access retirement benefits associated with law enforcement officers once they are appointed after the enactment of this Act. Incumbents—those who were already in these positions before the law's enactment—would also have the chance to opt-in to receive the same benefits under specific conditions.

Provisions for Incumbent Officers

The bill includes provisions for current law enforcement officers, allowing them the opportunity to count prior service as law enforcement for retirement benefit purposes. They can make an election to have their earlier work recognized as service that qualifies towards their retirement benefits, provided they do so within a designated timeframe.

Service Contributions and Payments

For those opting to have their prior service recognized, they may be required to make a deposit to cover the retirement contributions that would have been applicable if the new definitions had been in place during their prior service. If they do not pay the full amount required, their previous service would still count; however, their retirement annuity would be adjusted accordingly.

Government Contributions

If incumbents choose to recognize prior service, the government agency employing them during that time would need to contribute a specified amount to the retirement fund to account for the service they provided as law enforcement officers.

Mandatory Separation Relaxation

The legislation also includes a provision that exempts law enforcement officers from the mandatory separation rules for a period of three years following the bill's enactment. This allows individuals to remain in their positions without the standard retirement age requirements during this time.

Regulatory Authority

The Director of the Office of Personnel Management is tasked with creating regulations needed to implement the provisions of the bill effectively, particularly concerning individuals who might qualify for survivor annuities based on the service of an incumbent officer who passes away before they can make their version of the election.

Application of the Act

The changes made by the Act would apply to both newly appointed law enforcement officers and ongoing employees who elect to have their previous service counted.