H.R. 9281 (93rd): A bill to amend title 5, United States Code, with respect to the retirement of certain law ...

...enforcement and firefighter personnel, and for other purposes.

93rd Congress, 1973–1974. Text as of Jul 12, 1974 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

88 STAT. ]         PUBLIC LAW 93-350-JULY 12, 1974                                           355

Public Law 93-350
                                   AN ACT                                          July 12,1974
To amend title 5, United States Code, witli respect to the retirement of certain   [H. R. 9281]
      law enforcement and firefighter personnel, and for other purposes.

   Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3307 of forcement   Certain law en-
                                                                                           and
title 5, United States Code, is amended—                                       firefighting per-
          (1) by striking out in subsection (a) thereof "subsections (b) sonnel.
                                                                                  Retirement bene-
       and ( c ) " and inserting in lieu thereof "subsections ( b ) , (c), and fits.
       (d)";and
           (2) by adding the following new subsection at the end thereof:
   " ( d ) The head of any agency may, with the concurrence of such
agent as the President may designate, determine and fix the minimum
and maximum limits of age within which an original appointment may
be made to a position as a law enforcement officer or firefighter, as
defined by section 8331 (20) and-(21), respectively, of this title."             Intra.
   SEC. 2. (a) Section 8331(3) of title 5, United States Code, is
amended—
          (1) by striking out the word "and" at the end of clause
       (B) ( i i ) ;
          (2) by inserting the word "and" immediately after the semi-
       colon at the end of subparagraph ( C ) ;
          (3) by adding immediately below subparagraph (C) the fol-
       lowing new subparagraph:
                " ( D ) with respect to a law enforcement officer, premium
             pay under section 5545 (c) (2) of this title;"; and                  5 u s e 5545.
          (4) by striking out "subparagraphs (B) and (C) of this para-
      graph" and inserting in lieu thereof "subparagraphs ( B ) , ( C ) ,
       and (D) of this paragraph".
   (b) Section 8331 of title 5, United States Code, is amended—
          (1) by striking out "and" at the end of paragraph ( 1 8 ) ;
          (2J by striking out the period at the end of paragraph (19)
       and mserting in lieu thereof a semicolon and the word "and"; and
          (3) by adding at the end thereof the following:
          "(20) 'law enforcement officer' means an employee, the duties "Law enforce-
       of whose position are primarily the investigation, apprehension, ment officer."
       or detention of individuals suspected or convicted of offenses
       against the criminal laws of the United States, including an
       employee engaged in this activity who is transferred to a super-
       visory or administrative position. F o r the purpose of this para- "Detention.
      graph, 'detention' includes the duties of—
                " ( A ) employees of the Bureau of Prisons and Federal
             Prison Industries, Incorporated;
                " ( B ) employees of the Public Health Service assigned to
             the field service of the Bureau of Prisons or of the Federal
             Prison Industries, Incorporated;
                " ( C ) employees in the field service at Army or Navy disci-
             plinary barracks or at confinement and rehabilitation facili-
             ties operated by any of the armed forces; and
                " ( D ) employees of the Department of Corrections of the
             District of Columbia, its industries and utilities;
       whose duties in connection with individuals in detention suspected
      or convicted of offenses against the criminal laws of the United
       States or of the District of Columbia or offenses against the puni-
       tive articles of the Uniformed Code of Military Justice (chapter

356 PUBLIC LAW 93-350-JULY 12, 1974 [88 STAT. 10 u s e 801. 47 of title 10) require frequent (as determined by the appropriate administrative authority with the concurrence of the Commission) direct contact with these individuals in their detention, direction, supervision, inspection, training, employment, care, transporta- tion, or rehabilitation; and "Firefighter.' "(21) 'firefighter' means an employee, the duties of whose posi- tion are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position." SEC. 3. (a) The first sentence of section 8334(a) (1) of title 5, United States Code, is amended by inserting "a law enforcement officer, and a firefighter," following "Congressional employee,". Deposits. (b) The first sentence of section 8334(c) of title 5, United States Code, is amended by adding at the end thereof the following new schedule: "Law enforcement officer 2^/^ August 1, 1920, to June 30, 1926, for law enforcement Sy^ July 1, 1926, to June 30, 1942. service and firefighter 5 July 1, 1942, to June 30, 1948. for firefighter service. 6 July 1, 1948, to October 31, 1956. 61^ November 1, 1956, to December 31, 1969. 7 January 1, 1970, to December 31, 1974. IVz After December 31, 1974.". Mandatory sep- SEC. 4. Section 8335 of title 5, United States Code, is amended by aration. adding the following new subsection at the end thereof: " ( g ) A law enforcement officer or a firefighter who is otherwise eligible for immediate retirement under section 8336(c) of this title shall be separated from the service on the last day of the month in which he becomes 55 years of age or completes 20 years of service if Exemption. then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires." Early retire- SEC. 5.. Section 8336(c) of title 5, United States Code, is amended ment. to read as follows: "(c) An employee who is separated from the service after becom- ing 50 years of age and completing 20 years of service as a law enforce- ment officer or firefighter, or any combination of such service totaling at least 20 years, is entitled to an annuity." Annuity com- SEC. 6. Section 8339(d) of title 5, United States Code, is amended putation. to read as follows: " ( d ) The annuitv of an employee retiring under section 8335(g) Supra. or 8336 (c) of this title is— " ( A ) 21/^ percent of his average pay multiplied by so much of his total service as does not exceed 20 years; plus " ( B ) 2 percent of his average pay multiplied by so much of his total service as exceeds 20 years." Effective d a t e s . SEC. 7. The amendments made by the first section, and sections 2 ( b ) , 5 u s e 3307 note. 5, and 6, of this Act shall become effective on the date of enactment of this Act. The amendments made by sections 2(a) and 3 of this Act shall become effective at the beginning of the first applicable pay period which begins after December 31, 1974. The amendment made by section 4 of this Act shall become effective on January 1, 1978. Approved July 12, 1974.