[105th Congress Public Law 382]
[From the U.S. Government Printing Office]


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[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:
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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.

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