,,ii  #aaeth ,,congress  #ast ,session  
,s4 #bi  ,,in ,,the ,,senate ,,of ,,the 
,,united ,,states  ,january #d1         
#bjag,mr4 ,tester 7for himself and ,ms4 
,collins7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,homeland ,security   
and ,governmental ,affairs  ,a ,,bill   
,to permit disabled law enforcement     
officers1 customs and border protection 
officers1 firefighters1 air traffic     
controllers1 nuclear materials couriers1
 members of the ,capitol ,police1       
members of the ,supreme ,court ,police1 
employees of the ,central ,intelligence 
,agency performing intelligence         
activities abroad or having specialized 
security requirements1 and diplomatic   
security special agents of the          
,department of ,state to receive        
retirement benefits in the same manner  
as if they had not been disabled4  #a4  
,short title ,this ,act may be cited as 
the ,fair ,return for ,employees on     
,their ,initial ,retirement ,earned ,act

 of #bjag or the ,fair ,,retire ,act4   
#b4 ,sense of ,congress ,it is the sense
 of ,congress that--  7#a7 it is in the 
best national and homeland security     
interests of the ,united ,states for    
,federal agencies to retain the         
specialized knowledge and experience of 
individuals who suffer an injury or     
illness while serving in a covered      
position 7as defined under the          
amendments made by this ,act72 and  7#b7
 in developing regulations to carry out 
this ,act and the amendments made by    
this ,act1 the ,director of the ,office 
of ,personnel ,management and the       
,secretary of ,labor should ensure1 to  
the greatest extent possible1 that the  
reappointment of an individual to a     
position in the civil service that is   
not a covered position is with the same 
,federal agency1 in the same geographic 
location1 and at a level of pay         
commensurate to the position which the  
individual held immediately prior to    
such injury or illness4  #c4 ,retirement

 for certain employees  7a7 ,,csrs      
,section #hccf7;c7 of title #e1 ,united 
,states ,code1 is amended by adding at  
the end the following3  7#c7 7,a7 ,in   
this paragraph--  7i7 the term covered  
individual means an individual covered  
under this subchapter who-- 7,i7 is     
performing service in a covered         
position2  7,,ii7 has performed not less
 than #c years of creditable service in 
a covered position2  7,,iii7 while in   
the performance of the duties of the    
individual1 becomes ill or is injured   
before the date on which the individual 
becomes entitled to an annuity under    
paragraph 7#a7 of this subsection or    
subsection 7e71 7m71 or 7n71 as         
applicable2  7,,iv7 because of the      
illness or injury described in subclause
 7,,iii71 is permanently unable to      
continue service in a covered position1 
determined in accordance with           
regulations promulgated by the ,director
 of the ,office of ,personnel           
,management1 in consultation with the   

,secretary of ,labor2 and  7,v7 is      
appointed to a position in the civil    
service that is not a covered position2 
and  7ii7 the term covered position     
means a position as a law enforcement   
officer1 customs and border protection  
officer1 firefighter1 air traffic       
controller1 nuclear materials courier1  
member of the ,capitol ,police1 member  
of the ,supreme ,court ,police1 an      
employee of the ,central ,intelligence  
,agency designated under section        
#cjb7;a7 of the ,central ,intelligence  
,agency ,retirement ,act 7#ej ,u4,s4,c4 
#baeb7;a771 or special agent described  
in section #hjd7ae7 of the ,foreign     
,service ,act of #aihj 7#bb ,u4,s4,c4   
#djdd7ae774  7,b7 ,unless a covered     
individual files an election described  
in subparagraph 7,c71 creditable service
 by the covered individual in a position
 described in subparagraph 7,a77i77,v7  
shall be treated as creditable service  
in a covered position for purposes of   
this chapter1 including eligibility for 

an annuity under paragraph 7#a7 of this 
subsection or subsection 7e71 7m71 or   
7n71 as applicable1 and determining the 
amount to be deducted and withheld from 
the pay of the covered individual under 
section #hccd4  7,c7 ,in accordance with
 procedures established by the ,director
 of the ,office of ,personnel           
,management1 a covered individual may   
file an election to have any creditable 
service performed by the covered        
individual treated in accordance with   
this chapter1 without regard to         
subparagraph 7,b74  7,d7 ,if a covered  
individual who has not filed an election
 described in subparagraph 7,c7         
separates from service before the date  
on which the covered individual becomes 
entitled to an annuity under paragraph  
7#a7 of this subsection or subsection   
7e71 7m71 or 7n71 as applicable1 the    
covered individual shall be entitled to 
a lump sum payment from the ,fund of the
 difference between--  7i7 the amount   
that was deducted and withheld from the 

pay of the covered individual2 and  7ii7
 the amount that would have been        
deducted and withheld from the pay of   
the covered individual if the covered   
individual had made an election         
described in subparagraph 7,c74  4  7b7 
,,fers  7#a7 ,in general ,section       
#hdab7;d7 of title #e1 ,united ,states  
,code1 is amended-- 7,a7 by             
redesignating paragraphs 7#a7 and 7#b7  
as subparagraphs 7,a7 and 7,b71         
respectively2  7,b7 by inserting 7#a7   
before ,an employee2 and  7,c7 by adding
 at the end the following3  7#b7 7,a7   
,in this paragraph-- 7i7 the term       
covered individual means an individual  
covered under this chapter who--  7,i7  
is performing service in a covered      
position2  7,,ii7 has performed not less
 than #c years of creditable service in 
a covered position2  7,,iii7 while in   
the performance of the duties of the    
individual1 becomes ill or is injured   
before the date on which the individual 
becomes entitled to an annuity under    

paragraph 7#a7 of this subsection or    
subsection 7e71 as applicable2  7,,iv7  
because of the illness or injury        
described in subclause 7,,iii71 is      
permanently unable to continue service  
in a covered position1 determined in    
accordance with regulations promulgated 
by the ,director of the ,office of      
,personnel ,management1 in consultation 
with the ,secretary of ,labor2 and  7,v7
 is appointed to a position in the civil
 service that is not a covered position2
 and  7ii7 the term covered position    
means a position as a law enforcement   
officer1 customs and border protection  
officer1 firefighter1 air traffic       
controller1 nuclear materials courier1  
member of the ,capitol ,police1 member  
of the ,supreme ,court ,police1 an      
employee of the ,central ,intelligence  
,agency designated under section        
#cjb7;a7 of the ,central ,intelligence  
,agency ,retirement ,act 7#ej ,u4,s4,c4 
#baeb7;a771 or special agent described  
in section #hjd7ae7 of the ,foreign     

,service ,act of #aihj 7#bb ,u4,s4,c4   
#djdd7ae774  7,b7 ,unless a covered     
individual files an election described  
in subparagraph 7,c71 creditable service
 by the covered individual in a position
 described in subparagraph 7,a77i77,v7  
shall be treated as creditable service  
in a covered position for purposes of   
this chapter1 including eligibility for 
an annuity under paragraph 7#a7 of this 
subsection or subsection 7e71 as        
applicable1 and determining the amount  
to be deducted and withheld from the pay
 of the covered individual under section
 #hdbb4  7,c7 ,in accordance with       
procedures established by the ,director 
of the ,office of ,personnel            
,management1 a covered individual may   
file an election to have any creditable 
service performed by the covered        
individual treated in accordance with   
this chapter1 without regard to         
subparagraph 7,b74  7,d7 ,if a covered  
individual who has not filed an election
 described in subparagraph 7,c7         

separates from service before the date  
on which the covered individual becomes 
entitled to an annuity under paragraph  
7#a7 of this subsection or subsection   
7e71 as applicable1 the covered         
individual shall be entitled to a lump  
sum payment from the ,fund of the       
difference between--  7i7 the amount    
that was deducted and withheld from the 
pay of the covered individual2 and  7ii7
 the amount that would have been        
deducted and withheld from the pay of   
the covered individual if the covered   
individual had made an election         
described in subparagraph 7,c74  4  7#b7
 ,technical and conforming amendments   
7,a7 ,chapter #hd of title #e1 ,united  
,states ,code1 is amended-- 7i7 in      
section #hdad7;b77#c71 by inserting 7#a7
 after subsection 7d72  7ii7 in section 
#hdae-- 7,i7 in subsection 7e71 in the  
matter preceding paragraph 7#a71 by     
inserting 7#a7 after subsection 7d72 and
  7,,ii7 in subsection 7h77#b77;,a71 by 
striking 7d77#b7 and inserting          

7d77#a77;,b72  7iii7 in section         
#hdba7;a77#a71 by inserting 7#a7 after  
7d72  7iv7 in section                   
#hdba;a7b77#d77;,b77ii71 by inserting   
7#a7 after section #hdab7;d72  7v7 in   
section #hdbe1 by inserting 7#a7 after  
section #hdab7;d7 each place it appears2
 and  7vi7 in section                   
#hdfb7;c77#c77;,b77ii71 by inserting    
7#a7 after subsection 7d74  7,b7 ,title 
,,viii of the ,foreign ,service ,act of 
#aihj 7#bb ,u4,s4,c4 #djda et seq47 is  
amended--  7i7 in section #hje7;d77#e7  
7#bb ,u4,s4,c4 #djde7;d77#e771 by       
inserting 7#a7 after or #hdab7;d72 and  
7ii7 in section #hab7;a77#b77;,b7 7#bb  
,u4,s4,c4 #djeb7;a77#b77;,b771 by       
inserting 7#a7 after or #hdab7;d74  7c7 
,,cia employees ,section #cjb of the    
,central ,intelligence ,agency          
,retirement ,act 7#ej ,u4,s4,c4 #baeb7  
is amended by adding at the end the     
following3  7d7 ,employees disabled on  
duty  7#a7 ,definitions ,in this        
subsection-- 7,a7 the term covered      

employee means an employee of the       
,agency covered under subchapter ,,ii of
 chapter #hd of title #e1 ,united       
,states ,code1 who--  7i7 is performing 
service in a position designated under  
subsection 7a72  7ii7 has performed not 
less than #c years of creditable service
 in a covered position2  7iii7 while in 
the performance of the duties of the    
employee in the position designated     
under subsection 7a71 becomes ill or is 
injured before the date on which the    
employee becomes entitled to an annuity 
under section #bcc of this ,act or      
section #hdab7;d77#a7 of title #e1      
,united ,states ,code2  7iv7 because of 
the illness or injury described in      
clause 7iii71 is permanently unable to  
continue service in a covered position1 
determined in accordance with           
regulations promulgated by the ,director
 of the ,office of ,personnel           
,management1 in consultation with the   
,secretary of ,labor2 and  7v7 is       
appointed to a position in the civil    

service that is not a covered position2 
and  7,b7 the term covered position     
means a position as--  7i7 a law        
enforcement officer described in section
 #hcca7bj7 or #hdja7ag7 of title #e1    
,united ,states ,code2  7ii7 a customs  
and border protection officer described 
in section #hcca7ca7 or #hdja7cf7 of    
title #e1 ,united ,states ,code2  7iii7 
a firefighter described in section      
#hcca7ba7 or #hdja7ad7 of title #e1     
,united ,states ,code2  7iv7 an air     
traffic controller described in section 
#hcca7cj7 or #hdja7ce7 of title #e1     
,united ,states ,code2  7v7 a nuclear   
materials courier described in section  
#hcca7bg7 or #hdja7cc7 of title #e1     
,united ,states ,code2  7vi7 a member of
 the ,united ,states ,capitol ,police2  
7vii7 a member of the ,supreme ,court   
,police2  7viii7 a covered employee2 or 
7ix7 a special agent described in       
section #hjd7ae7 of the ,foreign        
,service ,act of #aihj 7#bb ,u4,s4,c4   
#djdd7ae774  7#b7 ,treatment of service 

after disability ,unless a covered      
employee files an election described in 
paragraph 7#c71 creditable service by   
the covered employee in a position      
described in paragraph 7#a77;,a77v7     
shall be treated as creditable service  
in a covered position for purposes of   
this ,act and chapter #hd of title #e1  
,united ,states ,code1 including        
eligibility for an annuity under section
 #bcc of this ,act or #hdab7;d77#a7 of  
title #e1 ,united ,states ,code1 and    
determining the amount to be deducted   
and withheld from the pay of the covered
 employee under section #hdbb of title  
#e1 ,united ,states ,code4  7#c7 ,opt   
out ,in accordance with procedures      
established by the ,director of the     
,office of ,personnel ,management1 a    
covered employee may file an election to
 have any creditable service performed  
by the covered employee treated in      
accordance with chapter #hd of title #e1
 ,united ,states ,code1 without regard  
to paragraph 7#b74  7#d7 ,separation    

before retirement eligibility ,if a     
covered employee who has not filed an   
election described in paragraph 7#c7    
separates from service before the date  
on which the covered employee becomes   
entitled to an annuity under section    
#bcc of this ,act or #hdab7;d77#a7 of   
title #e1 ,united ,states ,code1 the    
covered employee shall be entitled to a 
lump sum payment from the ,fund of the  
difference between--  7,a7 the amount   
that was deducted and withheld from the 
pay of the covered employee2 and  7,b7  
the amount that would have been deducted
 and withheld from the pay of the       
covered employee if the covered employee
 had made an election described in      
paragraph 7#c74  4  7d7 ,foreign        
,service ,retirement and ,disability    
,system ,section #hjf7;a77#f7 of the    
,foreign ,service ,act of #aihj 7#bb    
,u4,s4,c4 #djdf7;a77#f77 is amended by  
adding at the end the following3  7,d7  
7i7 ,in this subparagraph-- 7,i7 the    
term covered special agent means an     

individual covered under this subchapter
 who--  7aa7 is performing service as a 
special agent2  7bb7 has performed not  
less than #c years of creditable service
 in a covered position2  7cc7 while in  
the performance of the duties of the    
individual as a special agent1 becomes  
ill or is injured before the date on    
which the individual becomes entitled to
 an annuity under section #haa2  7dd7   
because of the illness or injury        
described in item 7cc71 is permanently  
unable to continue service in a covered 
position1 determined in accordance with 
regulations promulgated by the ,director
 of the ,office of ,personnel           
,management1 in consultation with the   
,secretary of ,labor2 and  7ee7 is      
appointed to a position in the ,foreign 
,service that is not a covered position2
 and  7,,ii7 the term covered position  
means a position as--  7aa7 a law       
enforcement officer described in section
 #hcca7bj7 or #hdja7ag7 of title #e1    
,united ,states ,code2  7bb7 a customs  

and border protection officer described 
in section #hcca7ca7 or #hdja7cf7 of    
title #e1 ,united ,states ,code2  7cc7 a
 firefighter described in section       
#hcca7ba7 or #hdja7ad7 of title #e1     
,united ,states ,code2  7dd7 an air     
traffic controller described in section 
#hcca7cj7 or #hdja7ce7 of title #e1     
,united ,states ,code2  7ee7 a nuclear  
materials courier described in section  
#hcca7bg7 or #hdja7cc7 of title #e1     
,united ,states ,code2  7ff7 a member of
 the ,united ,states ,capitol ,police2  
7gg7 a member of the ,supreme ,court    
,police2  7hh7 an employee of the       
,central ,intelligence ,agency          
designated under section #cjb7;a7 of the
 ,central ,intelligence ,agency         
,retirement ,act 7#ej ,u4,s4,c4         
#baeb7;a772 or  7ii7 a special agent4   
7ii7 ,unless a covered special agent    
files an election described in clause   
7iii71 creditable service by the covered
 special agent in a position described  
in clause 7i77,i77ee7 shall be treated  

as creditable service as a special agent
 for purposes of this subchapter1       
including determining the amount to be  
deducted and withheld from the pay of   
the individual under section #hje4      
7iii7 ,in accordance with procedures    
established by the ,secretary1 a covered
 special agent may file an election to  
have any creditable service performed by
 the covered special agent treated in   
accordance with this subchapter1 without
 regard to clause 7ii74  7iv7 ,if a     
covered special agent who has not filed 
an election described in clause 7iii7   
separates from service before the date  
on which the covered special agent      
becomes entitled to an annuity under    
section #haa1 the covered special agent 
shall be entitled to a lump sum payment 
from the ,fund of the difference        
between--  7,i7 the amount that was     
deducted and withheld from the pay of   
the covered special agent2 and  7,,ii7  
the amount that would have been deducted
 and withheld from the pay of the       

covered special agent if the covered    
special agent had made an election      
described in clause 7iii74  4  7e7      
,implementation  7#a7 ,in general ,the  
,director of the ,office of ,personnel  
,management-- 7,a7 not later than #fj   
days after the date of enactment of this
 ,act1 and in consultation with the     
,secretary of ,labor1 shall promulgate  
regulations regarding determining when  
an individual is permanently unable to  
continue service in a covered position  
7as defined in section #cjb7;d7 of the  
,central ,intelligence ,agency          
,retirement ,act 7#ej ,u4,s4,c4         
#baeb7;d771 as added by this ,act72     
7,b7 shall promulgate regulations to    
carry out the amendments made by        
subsections 7a71 7b71 and 7c72 and  7,c7
 not later than #a year after the date  
of enactment of this ,act1 shall issue  
guidance for agencies regarding         
implementation of the amendments made by
 subsections 7a71 7b71 and 7c74  7#b7   
,foreign ,service ,retirement and       

,disability ,system ,the ,secretary of  
,state shall promulgate regulations to  
carry out the amendment made by         
subsection 7d74  7f7 ,effective date2   
applicability ,the amendments made by   
this section-- 7#a7 shall take effect on
 the date of enactment of this ,act2 and
  7#b7 shall apply to an individual who 
suffers an illness or injury described  
in section #hccf7;c77#c77;,a77i77,,iii7 
or section #hdab7;d77#b77;,a77i77,,iii7 
of title #e1 ,united ,states ,code1 as  
amended by this section1 section        
#cjb7;d77#a77;,a77iii7 of the ,central  
,intelligence ,agency ,retirement ,act1 
as amended by this section1 or section  
#hjf7;a77#f77;,d77i77,i77cc7 of the     
,foreign ,service ,act of #aihj1 as     
amended by this section1 on or after the
 date that is #b years after the date of
 enactment of this ,act4