[108th Congress Public Law 133]
[From the U.S. Government Printing Office]
[DOCID: f:publ133.108]
[[Page 1385]]
DISTRICT OF COLUMBIA MILITARY RETIREMENT EQUITY ACT OF 2003
[[Page 117 STAT. 1386]]
Public Law 108-133
108th Congress
An Act
To amend the Policemen and Firemen's Retirement and Disability Act to
permit military service previously performed by members and former
members of the Metropolitan Police Department of the District of
Columbia, the Fire Department of the District of Columbia, the United
States Park Police, and the United States Secret Service to count as
creditable service for purposes of calculating retirement annuities
payable to such members upon payment of a contribution by such
members, and for other purposes. <<NOTE: Nov. 22, 2003 - [H.R. 3054]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: District of Columbia
Military Retirement Equity Act of 2003.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Military
Retirement Equity Act of 2003''.
SEC. 2. PERMITTING INCLUSION OF PREVIOUS MILITARY SERVICE AS CREDITABLE
SERVICE FOR CERTAIN DISTRICT OF COLUMBIA RETIREES.
Subsection (c)(8) of the Policemen and Firemen's Retirement and
Disability Act (sec. 5-704(h), D.C. Official Code) is amended--
(1) by striking ``(8) Notwithstanding'' and inserting
``(8)(A) Except as provided in subparagraph (B),
notwithstanding''; and
(2) by adding at the end the following new subparagraph:
``(B)(i)(I) Except as provided in subclause (II), and subject to
clause (iv), each member or former member who has performed military
service before the date of the separation on which the entitlement to
any annuity under this Act is based may elect to retain credit for the
service by paying (in accordance with such regulations as the Mayor
shall issue) to the office by which the member is employed (or, in the
case of a former member, to the appropriate benefits administrator) an
amount equal to 7 percent of the amount of the basic pay paid under
section 204 of title 37, United States Code, to the member for each
period of military service after December 1956. The amount of such
payments shall be based on such evidence of basic pay for military
service as the member may provide, or, if the Mayor determines
sufficient evidence has not been so provided to adequately determine
basic pay for military service, such payment shall be based upon
estimates of such basic pay provided to the Mayor under clause (iii).
Payment of such amount by an active member must be completed prior to
the member's date of retirement or October 1, 2006, whichever is later,
for the member to retain credit for the service.
``(II) In any case where military service interrupts creditable
service under this subsection and reemployment pursuant to chapter 43 of
title 38, United States Code, occurs on or after August 1, 1990, the
deposit payable under this clause may not
[[Page 117 STAT. 1387]]
exceed the amount that would have been deducted and withheld under this
Act from basic pay during the period of creditable service if the member
had not performed the period of military service.
``(ii) Any deposit made under clause (i) more than 2 years after the
later of--
``(I) October 1, 2004; or
``(II) the date on which the member making the deposit first
becomes a member following the period of military service for
which such deposit is due,
shall include interest on such amount computed and compounded annually
beginning on the date of the expiration of the 2-year period. The
interest rate that is applicable in computing interest in any year under
this paragraph shall be equal to the interest rate that is applicable
for such year under paragraph (5)(B).
``(iii) The Secretary of Defense, the Secretary of Transportation,
the Secretary of Commerce, or the Secretary of Health and Human
Services, as appropriate, shall furnish such information to the Mayor as
the Mayor may determine to be necessary for the administration of this
subsection.
``(iv) <<NOTE: Effective date.>> Effective with respect to any
period of military service after November 10, 1996, the percentage of
basic pay under section 204 of title 37, United States Code, payable
under clause (i) shall be equal to the same percentage as would be
applicable under subsection (d) of this section for that same period for
service as a member subject to clause (i)(II).''.
SEC. 3. ADJUSTMENT IN FEDERAL BENEFIT PAYMENTS TO CERTAIN POLICE AND
FIRE RETIREES TO TAKE MILITARY SERVICE ADJUSTMENT INTO
ACCOUNT.
(a) In General.--Section 11012 of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (sec. 1-
803.02, D.C. Official Code) is amended by adding at the end the
following new subsection:
``(f) Treatment of Military Service Credit Purchased by Certain
Police and Fire Retirees.--For purposes of subsection (a), in
determining the amount of a Federal benefit payment made to an officer
or member, the benefit payment to which the officer or member is
entitled under the District Retirement Program shall include any amounts
which would have been included in the benefit payment under such Program
if the amendments made by the District of Columbia Military Retirement
Equity Act of 2003 had taken effect prior to the freeze date.''.
(b) Conforming Amendment.--Section 11003(5) of such Act (sec. 1-
801.02(5), D.C. Official Code) is amended by inserting ``and (f)'' after
``section 11012(e)''.
[[Page 117 STAT. 1388]]
(c) Effective Date.--The <<NOTE: Applicability.>> amendments made by
this section shall apply with respect to Federal benefit payments made
after the date of the enactment of this Act.
Approved November 22, 2003.
LEGISLATIVE HISTORY--H.R. 3054:
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CONGRESSIONAL RECORD, Vol. 149 (2003):
Oct. 8, considered and passed House.
Nov. 11, considered and passed Senate.
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