[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10158 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10158
To extend the break-in-service consideration for firefighter
retirements, and other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2024
Mr. Harder of California (for himself and Mr. Scott Franklin of
Florida) introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To extend the break-in-service consideration for firefighter
retirements, and other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONTINUING ACCRUAL OF SERVICE FOR FIREFIGHTERS.
(a) Federal Employees' Retirement System.--Section 8401(14) of
title 5, United States Code, is amended to read as follows:
``(14) the term `firefighter' means--
``(A) an employee, the duties of whose position--
``(i) are primarily to perform work
directly connected with the control and
extinguishment of nonwildland fires; and
``(ii) are sufficiently rigorous that
employment opportunities should be limited to
young and physically vigorous individuals, as
determined by the Director considering the
recommendations of the employing agency;
``(B) an employee, the duties of whose position--
``(i) are primarily to perform work
directly connected with the control and
extinguishment of wildland fires; and
``(ii) are sufficiently rigorous that
employment opportunities should be limited to
young and physically vigorous individuals, as
determined by the Director considering the
recommendations of the employing agency;
``(C) an employee who--
``(i) is transferred directly to a
supervisory or administrative position after
performing duties described in subparagraph (A)
for at least 3 years; and
``(ii) while serving in such supervisory or
administrative position, has no break in
service; or
``(D) an employee who--
``(i) occupies a supervisory or
administrative position after performing duties
described in subparagraph (B) for not less than
3 years; and
``(ii) has not more than 24 months in total
time of breaks in service;''.
(b) Service Before Date of Enactment.--
(1) In general.--Subject to the requirements under
paragraph (2), service performed before the date of enactment
of this Act by an individual who, on the date of enactment of
this Act, is an employee (as defined in section 8401(11) of
title 5, United States Code) shall, for the purposes of chapter
84 of title 5, United States Code, be treated as service
performed by a firefighter if--
(A) such service was performed during the period
beginning on October 1, 2003, and ending on the day
before the date of enactment of this Act;
(B) at the time of performing such service--
(i) the individual did not meet the
requirements to be a firefighter under section
8401(14) of title 5, United States Code,
because of a break in service; and
(ii) would have met the requirements to be
a firefighter under section 8401(14)(D) of
title 5, United States Code, as amended by this
Act; and
(C) appropriate deductions and withholdings under
sections 8422 and 8423 of title 5, United States Code,
were made during such service.
(2) Credit for service.--To receive credit for eligible
service under paragraph (1), the applicable individual shall--
(A) before the date on which the individual
separates from service in the agency in which the
individual holds a position on the date of enactment of
this Act, submit a written election to the agency
employing the individual;
(B) if the individual is not employed by the agency
that employed the individual when the service described
in paragraph (1) was performed, submit a written
election to such agency; and
(C) remit to the agency that employed the
individual when such service was performed the
additional amount that would have been deducted during
the period of prior service under section 8422 of title
5, United States Code, from the pay of the individual
if the amendments made by subsection (a) had been in
effect during the prior service, plus any applicable
interest computed under section 8334(e) of title 5,
United States Code.
(3) Government contributions.--If an individual remits
payment under paragraph (2)(C) with respect to service
described in paragraph (1), the agency that employed the
individual when such service was performed shall remit to the
Office of Personnel Management (for deposit in the Treasury of
the United States to the credit of the Civil Service Retirement
and Disability Fund) the total additional amount of Federal
contributions that would have been paid under section 8423 of
title 5, United States Code, if the amendments made by
subsection (a) had been in effect during the prior service,
plus any applicable interest computed in accordance with
section 8334(e) of title 5, United States Code.
(4) Notification and assistance requirements.--The Director
of the Office of Personnel Management shall--
(A) take such action as may be necessary and
appropriate to inform individuals entitled to have any
service credited under this subsection, or to have any
annuity computed under this subsection, of the
entitlement to the credit or computation; and
(B) upon request, assist any individual described
in subparagraph (A) in obtaining such information in
the possession of the Secretary of Agriculture or the
Secretary of the Interior, as applicable, as may be
necessary to verify the entitlement of the individual
to have any service credited, or to have any annuity
computed, pursuant to this subsection.
(5) Rule of construction.--Nothing in this section shall be
construed to permit or require the making of any contribution
to the Thrift Savings Fund that would not otherwise have been
permitted or required but for the enactment of this section.
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