Sec. 3. Retirement for certain employees

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Section 8336(c) of title 5, United States Code, is amended by adding at the end the following: In this paragraph— the term affected individual means an individual covered under this subchapter who— is performing service in a covered position; while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph

(1)of this subsection or subsection (e), (m), or (n), as applicable; because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and is appointed to a position in the civil service that— is not a covered position; and is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual; the term covered position means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police. Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8334. Subparagraph

(B)shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days. The service of an affected individual shall no longer be eligible for treatment under subparagraph

(B)if such service occurs after the individual— is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or meets the age and service requirements that would subject the individual to mandatory separation under section 8335 if such individual had remained in the former covered position. In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B). Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position. . Section 8412(d) of title 5, United States Code, is amended— by redesignating paragraphs

(1)and

(2)as subparagraphs

(A)and (B), respectively; by inserting

(1)before An employee ; and by adding at the end the following: In this paragraph— the term affected individual means an individual covered under this chapter who— is performing service in a covered position; while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph

(1)of this subsection or subsection (e), as applicable; because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and is appointed to a position in the civil service that— is not a covered position; and is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual; the term covered position means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police. Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8422. Subparagraph

(B)if such service occurs after the individual— is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or meets the age and service requirements that would subject the individual to mandatory separation under section 8425 if such individual had remained in the former covered position. In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B). Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position. . Chapter 84 of title 5, United States Code, is amended— in section 8414(b)(3), by inserting

(1)after subsection

(d); in section 8415— in subsection (e), in the matter preceding paragraph (1), by inserting

(1)after subsection

(d); and in subsection (h)(2)(A), by striking (d)(2) and inserting (d)(1)(B) ; in section 8421(a)(1), by inserting

(1)after

(d); in section 8421a(b)(4)(B)(ii), by inserting

(1)after section 8412(d) ; in section 8425, by inserting

(1)after section 8412(d) each place it appears; and in section 8462(c)(3)(B)(ii), by inserting

(1)after subsection

(d). Title VIII of the Foreign Service Act of 1980 ( 22 U.S.C. 4041 et seq. ) is amended— in section 805(d)(5) ( 22 U.S.C. 4045(d)(5) ), by inserting

(1)after or 8412(d) ; and in section 812(a)(2)(B) ( 22 U.S.C. 4052(a)(2)(B) ), by inserting

(1)after or 8412(d) . Section 302 of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2152 ) is amended by adding at the end the following: In this subsection— the term affected employee means an employee of the Agency covered under subchapter II of chapter 84 of title 5, United States Code, who— is performing service in a position designated under subsection (a); while on duty in the position designated under subsection (a), becomes ill or is injured as a direct result of the performance of such duties before the date on which the employee becomes entitled to an annuity under section 233 of this Act or section 8412(d)(1) of title 5, United States Code; because of the illness or injury described in clause (ii), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Director; and is appointed to a position in the civil service that is not a covered position but is within the Agency; and the term covered position means a position as— a law enforcement officer described in section 8331(20) or 8401(17) of title 5, United States Code; a customs and border protection officer described in section 8331(31) or 8401(36) of title 5, United States Code; a firefighter described in section 8331(21) or 8401(14) of title 5, United States Code; an air traffic controller described in section 8331(30) or 8401(35) of title 5, United States Code; a nuclear materials courier described in section 8331(27) or 8401(33) of title 5, United States Code; a member of the United States Capitol Police; a member of the Supreme Court Police; an affected employee; or a special agent described in section 804(15) of the Foreign Service Act of 1980 ( 22 U.S.C. 4044(15) ). Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this Act and chapter 84 of title 5, United States Code, including eligibility for an annuity under section 233 of this Act or 8412(d)(1) of title 5, United States Code, and determining the amount to be deducted and withheld from the pay of the affected employee under section 8422 of title 5, United States Code. Paragraph

(2)shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days. The service of an affected employee shall no longer be eligible for treatment under paragraph

(2)if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee. An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter 84 of title 5, United States Code, without regard to paragraph (2). . Section 806(a)(6) of the Foreign Service Act of 1980 ( 22 U.S.C. 4046(a)(6) ) is amended by adding at the end the following: In this subparagraph— the term affected special agent means an individual covered under this subchapter who— is performing service as a special agent; while on duty as a special agent, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under section 811; because of the illness or injury described in item (bb), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Secretary; and is appointed to a position in the Foreign Service that is not a covered position; and the term covered position means a position as— a law enforcement officer described in section 8331(20) or 8401(17) of title 5, United States Code; a customs and border protection officer described in section 8331(31) or 8401(36) of title 5, United States Code; a firefighter described in section 8331(21) or 8401(14) of title 5, United States Code; an air traffic controller described in section 8331(30) or 8401(35) of title 5, United States Code; a nuclear materials courier described in section 8331(27) or 8401(33) of title 5, United States Code; a member of the United States Capitol Police; a member of the Supreme Court Police; an employee of the Agency designated under section 302(a) of the Central Intelligence Agency Retirement Act ( 50 U.S.C. 2152(a) ); or a special agent. Unless an affected special agent files an election described in clause (iv), creditable service by the affected special agent in a position described in clause (i)(I)(dd) shall be treated as creditable service as a special agent for purposes of this subchapter, including determining the amount to be deducted and withheld from the pay of the individual under section 805. Clause

(ii)shall only apply if the special agent transitions to a position described in clause (i)(I)(dd) without a break in service exceeding 3 days. The service of an affected employee shall no longer be eligible for treatment under clause

(ii)if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee. In accordance with procedures established by the Secretary, an affected special agent may file an election to have any creditable service performed by the affected special agent treated in accordance with this subchapter, without regard to clause (ii). . Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall promulgate regulations to carry out the amendments made by subsections

(a)and (b). The Director of the Central Intelligence Agency shall promulgate regulations to carry out the amendment made by subsection (c). The Secretary of State shall promulgate regulations to carry out the amendment made by subsection (d). The regulations promulgated to carry out the amendments made by this Act shall include a requirement that the head of the agency at which an affected employee or special agent (as the case may be) incurred the applicable illness or injury certifies that such illness or injury— was incurred in the course of the employee’s or special agent’s duties; and permanently precludes the employee or special agent from rendering useful and efficient service in the covered position but would not preclude the employee or special agent from continuing to serve in the Federal service. The regulations promulgated to carry out the amendments made by this Act shall ensure that, to the greatest extent possible, the head of each agency appoints affected employees or special agents to supervisory or administrative positions related to the activities of the former covered position of the employee or special agent. The regulations promulgated to carry out the amendments made by this Act shall ensure that the creditable service of an affected employee or special agent (as the case may be) that is not in a covered position pursuant to an election made under such amendments shall be treated as the same type of service as the covered position in which the employee or agent suffered the qualifying illness or injury. The amendments made by this Act— shall take effect on the date of enactment of this Act; and shall apply to an individual who suffers an illness or injury described in section 8336(c)(3)(A)(i)(II) or section 8412(d)(2)(A)(i)(II) of title 5, United States Code, as amended by this section, section 302(d)(1)(A)(ii) of the Central Intelligence Agency Retirement Act, as amended by this section, or section 806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act of 1980, as amended by this section, on or after the date that is 2 years after the date of enactment of this Act.

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Sec. 3

Retirement for certain employees

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