[105th Congress Public Law 382] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ382.105] [[Page 3405]] DEPARTMENT OF STATE SPECIAL AGENTS RETIREMENT ACT OF 1998 [[Page 112 STAT. 3406]] Public Law 105-382 105th Congress An Act To amend the Foreign Service Act <<NOTE: Nov. 13, 1998 - [H.R. 633]>> of 1980 to provide that the annuities of certain special agents and security personnel of the Department of State be computed in the same way as applies generally with respect to Federal law enforcement officers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Department of State Special Agents Retirement Act of 1998.>> SECTION 1. SHORT TITLE. <<NOTE: 22 USC 3901 note.>> This Act may be cited as the ``Department of State Special Agents Retirement Act of 1998''. SEC. 2. AMENDMENTS RELATING TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM. (a) Definition of a Special Agent.-- (1) In general.--Section 804 of the Foreign Service Act of 1980 (22 U.S.C. 4044) is amended-- (A) by striking ``and'' at the end of paragraph (13); (B) by striking the period at the end of paragraph (14) and inserting ``; and''; and (C) by adding at the end the following: ``(15) `special agent' means an employee of the Department of State with a primary skill code of 2501-- ``(A) the duties of whose position-- ``(i) are primarily-- ``(I) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States; or ``(II) the protection of persons pursuant to section 2709(a)(3) of title 22, United States Code, against threats to personal safety; and ``(ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Secretary of State pursuant to section 4823 of title 22, United States Code; ``(B) performing duties described in subparagraph (A) before, on, or after the date of the enactment of this paragraph; or ``(C) transferred directly to a position which is supervisory or administrative in nature after performing duties described in subparagraph (A) for at least 3 years.''. (2) Conforming amendment.--Section 852 of such Act (22 U.S.C. 4071a) is amended-- [[Page 112 STAT. 3407]] (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following: ``(9) the term `special agent' has the same meaning given in section 804(15).''. (b) Contributions.-- (1) In general.--Section 805(a) of such Act (22 U.S.C. 4045(a)) is amended by adding at the end the following: ``(3) For service as a special agent, paragraph (1) shall be applied by substituting for `7 percent' the percentage that applies to law enforcement officers under section 8334(a)(1) of title 5, United States Code.''. (2) Conforming amendment.--Section 805(a)(1) (22 U.S.C. 4045(a)(1)) of such Act is amended by striking ``Except as provided in subsection (h),'' and inserting ``Except as otherwise provided in this section,''. (c) Special Contribution for Prior Nondeposit Service.--Section 805(d) of such Act (22 U.S.C. 4045(d)) is amended by adding at the end the following: ``(6) Subject to paragraph (4) and subsection (h), for purposes of applying this subsection with respect to prior service as a special agent, the percentages of basic pay set forth in section 8334(c) of title 5, United States Code, with respect to a law enforcement officer, shall apply instead of the percentages set forth in paragraph (1).''. (d) Computation of Annuities.-- (1) In general.--Section 806(a) of such Act (22 U.S.C. 4046(a)) is amended-- (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following: ``(6)(A) The annuity of a special agent under this subchapter shall be computed under paragraph (1) except that, in the case of a special agent described in subparagraph (B), paragraph (1) shall be applied by substituting for `2 percent'-- ``(i) the percentage under subparagraph (A) of section 8339(d)(1) of title 5, United States Code, for so much of the participant's total service as is specified thereunder; and ``(ii) the percentage under subparagraph (B) of section 8339(d)(1) of title 5, United States Code, for so much of the participant's total service as is specified thereunder. ``(B) A special agent described in this subparagraph is any such agent or former agent who-- ``(i)(I) retires voluntarily or involuntarily under section 607, 608, 611, 811, 812, or 813, under conditions authorizing an immediate annuity, other than for cause on charges of misconduct or delinquency, or retires for disability under section 808; and ``(II) at the time of retirement-- ``(aa) if voluntary, is at least 50 years of age and has completed at least 20 years of service as a special agent; or ``(bb) if involuntary or disability, has completed at least 20 years of service as a special agent; or [[Page 112 STAT. 3408]] ``(ii) dies in service after completing at least 20 years of service as a special agent, when an annuity is payable under section 809. ``(C) For purposes of subparagraph (B), included with the years of service performed by an individual as a special agent shall be any service performed by such individual as a law enforcement officer (within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code), or a member of the Capitol Police.''. (2) Special rule for special agents with prior service under the foreign service retirement and disability system or the civil service retirement system.--Section 806(a) of such Act (22 U.S.C. 4046(a)), as amended by paragraph (1), is further amended-- (A) by redesignating paragraph (7) (as so redesignated by paragraph (1)) as paragraph (8); and (B) by inserting after paragraph (6) (as added by paragraph (1)) the following: ``(7) In the case of a special agent who becomes or became subject to subchapter II-- ``(A) for purposes of paragraph (6)(B), any service performed by the individual as a special agent (whether under this subchapter or under subchapter II), as a law enforcement officer (within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code), or as a member of the Capitol Police shall be creditable; and ``(B) if the individual satisfies paragraph (6)(B), the portion of such individual's annuity which is attributable to service under the Foreign Service Retirement and Disability System or the Civil Service Retirement System shall be computed in conformance with paragraph (6).''. (3) Technical and conforming amendments.-- (A) Paragraph (8) of section 806(a) of such Act (22 U.S.C. 4046(a)), as so redesignated by paragraph (2)(A), is amended by striking ``and (4)'' and inserting ``(4), and (6)''. (B) Paragraphs (1) and (3) of section 855(b) of such Act (22 U.S.C. 4071d(b)) are each amended by inserting ``611,'' after ``608,''. SEC. 3. MANDATORY SEPARATION OF SPECIAL AGENTS. The first sentence of section 812(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4052(a)(2)) is amended to read as follows: ``Notwithstanding paragraph (1)-- ``(A) an individual described in section 4(a)(2) of the Department of State Special Agents Retirement Act of 1998 who is otherwise eligible for immediate retirement under this chapter; or ``(B) a Foreign Service criminal investigator/inspector of the Office of Inspector General of the Agency for International Development who would have been eligible for retirement pursuant to either section 8336(c) or 8412(d) of title 5, United States Code, as applicable, had the employee remained in civil service, shall be separated from the Service on the last day of the month in which such individual under subparagraph (A) or such Foreign Service criminal investigator/inspector under subparagraph (B) [[Page 112 STAT. 3409]] attains 57 years of age or completes 20 years of service if then over that age.''. SEC. 4. EFFECTIVE DATE; APPLICABILITY. <<NOTE: 22 USC 4044 note.>> (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act-- (1) shall take effect on the date of the enactment of this Act; and (2) shall apply with respect to-- (A) any individual first appointed on or after that date as a special agent who will have any portion of such individual's annuity computed in conformance with section 806(a)(6) of the Foreign Service Act; and (B) any individual making an election under subsection (b), subject to the provisions of such subsection. (b) Election for Current Participants.-- (1) Eligibility.--An election under this subsection may be made by any currently employed participant under chapter 8 of the Foreign Service Act of 1980 who is serving or has served as a special agent, or by a survivor of a special agent who was eligible to make an election under this section. (2) Effect of an election.-- (A) In general.--If an individual makes an election under this subsection, the amendments made by this Act shall become applicable with respect to such individual, subject to subparagraph (B). (B) Treatment of prior service.-- (i) Special contribution.--An individual may, after making the election under this subsection, make a special contribution up to the full amount of the difference between the contributions actually deducted from pay for prior service and the deductions that would have been required if the amendments made by this Act had then been in effect. Any special contributions under this clause shall be computed under regulations based on section 805(d) of the Foreign Service Act of 1980 (as amended by section 2), including provisions relating to the computation of interest. (ii) Actuarial reduction.-- (I) Rule if the special contribution is paid.--If the full amount of the special contribution under clause (i) is paid, no reduction under this clause shall apply. (II) Rule if less than the entire amount is paid.--If no special contribution under clause (i) is paid, or if less than the entire amount of such special contribution is paid, the recomputed annuity shall be reduced by an amount sufficient to make up the actuarial present value of the shortfall. (c) Regulations <<NOTE: Deadline.>> and Notice.--Not later than 6 months after the date of the enactment of this Act, the Secretary of State-- (1) shall promulgate such regulations as may be necessary to carry out this Act; and (2) shall take measures reasonably designed to provide notice to participants as to any rights they might have under this Act. [[Page 112 STAT. 3410]] (d) Election Deadline.--An election under subsection (b) must be made not later than 90 days after the date on which the relevant notice under subsection (c)(2) is provided. (e) Definition.--For purposes of this section, the term ``special agent'' has the meaning given such term under section 804(15) of the Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as amended by section 2(a). Approved November 13, 1998. LEGISLATIVE HISTORY--H.R. 633: --------------------------------------------------------------------------- HOUSE REPORTS: No. 105-755, Pt. 1 (Comm. on International Relations). CONGRESSIONAL RECORD, Vol. 144 (1998): Oct. 5, considered and passed House. Oct. 20, considered and passed Senate. <all>