,,ii #aafth ,,congress #ast ,session ,s4 #eca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ad1 #bjai,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 ,first ,responder ,fair ,return for ,employees on ,their ,initial ,retirement ,earned ,act of #bjai or the ,first ,responder ,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 ,federal agencies should ensure1 to the greatest extent possible1 that an individual who can no longer carry out the duties of a covered position1 and is reappointed to a position in the civil service that is not a covered position1 is reappointed within 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 affected individual means an individual covered under this subchapter who-- 7,i7 is performing service in a covered position2 7,,ii7 while performing official duties1 becomes ill or is injured as a direct result of the performance of such duties 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,,iii7 because of the illness or injury described in subclause 7,,ii71 is permanently unable to render useful and efficient service in the covered position held by the employee1 as determined by the agency in which the individual was serving when such individual incurred the illness or injury2 and 7,,iv7 is appointed to a position in the civil service that-- 7aa7 is not a covered position2 and 7bb7 is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual2 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 or member of the ,supreme ,court ,police4 7,b7 ,creditable service by an affected individual in a position described in subparagraph 7,a77i77,,iv7 shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section #hccd1 unless-- 7i7 the affected individual files an election described in subparagraph 7,c72 7ii7 there is a break in service exceeding #c days before the affected individual transitions to the position described in subparagraph 7,a77i77,,iv72 or 7iii7 the service occurs after the affected individual-- 7,i7 is transferred to a supervisory or administrative position related to the activities of the former covered position of the affected individual2 or 7,,ii7 meets the age and service requirements that would subject the individual to mandatory separation under section #hcce if the affected individual had remained in the former covered position4 7,c7 ,in accordance with procedures established by the ,director of the ,office of ,personnel ,management1 an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph 7,b74 7,d7 ,nothing in this paragraph shall be construed to apply to an affected individual any other pay-related laws or regulations applicable to a covered position4 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 affected individual means an individual covered under this chapter who-- 7,i7 is performing service in a covered position2 7,,ii7 while performing official duties1 becomes ill or is injured as a direct result of the performance of such duties 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,,iii7 because of the illness or injury described in subclause 7,,ii71 is permanently unable to render useful and efficient service in the covered position held by the employee1 as determined by the agency in which the individual was serving when such individual incurred the illness or injury2 and 7,,iv7 is appointed to a position in the civil service that-- 7aa7 is not a covered position2 and 7bb7 is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual2 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 or member of the ,supreme ,court ,police4 7,b7 ,creditable service by an affected individual in a position described in subparagraph 7,a77i77,,iv7 shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section #hdbb1 unless-- 7i7 the affected individual files an election described in subparagraph 7,c72 7ii7 there is a break in service exceeding #c days before the affected individual transitions to the position described in subparagraph 7,a77i77,,iv72 or 7iii7 the service occurs after the affected individual-- 7,i7 is transferred to a supervisory or administrative position related to the activities of the former covered position of the affected individual2 or 7,,ii7 meets the age and service requirements that would subject the affected individual to mandatory separation under section #hdbe if the affected individual had remained in the former covered position4 7,c7 ,in accordance with procedures established by the ,director of the ,office of ,personnel ,management1 an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph 7,b74 7,d7 ,nothing in this paragraph shall be construed to apply to an affected individual any other pay-related laws or regulations applicable to a covered position4 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 affected 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 while performing official duties in the position designated under subsection 7a71 becomes ill or is injured as a direct result of the performance of such duties 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 7iii7 because of the illness or injury described in clause 7ii71 is permanently unable to render useful and efficient service in the covered position held by the employee1 as determined by the ,director2 and 7iv7 is appointed to a position in the civil service within the ,agency 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 an affected 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 ,creditable service by an affected employee in a position described in paragraph 7#a77;,a77iv7 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 affected employee under section #hdbb of title #e1 ,united ,states ,code1 unless-- 7,a7 the affected employee files an election described in paragraph 7#c72 7,b7 there is a break in service exceeding #c days before the affected employee transitions to the position described in paragraph 7#a77;,a77iv72 or 7,c7 the service occurs after the affected employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the affected employee4 7#c7 ,opt out ,an affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter #hd of title #e1 ,united ,states ,code1 without regard to paragraph 7#b74 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 affected special agent means an individual covered under this subchapter who-- 7aa7 is performing service as a special agent2 7bb7 while performing official duties as a special agent1 becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under section #haa2 7cc7 because of the illness or injury described in item 7bb71 is permanently unable to render useful and efficient service as a special agent1 as determined by the ,secretary2 and 7dd7 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 ,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 ,creditable service by an affected special agent in a position described in clause 7i77,i77dd7 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 #hje1 unless-- 7,i7 the affected special agent files an election described in clause 7iii72 7,,ii7 there is a break in service exceeding #c days before the special agent transitions to a position described in clause 7i77,i77dd72 or 7,,iii7 the service occurs after the affected special agent is transferred to a supervisory or administrative position related to the activities of the former covered position of the affected special agent4 7iii7 ,in accordance with procedures established by the ,secretary1 an affected special agent may file an election to have any creditable service performed by the affected special agent treated in accordance with this subchapter1 without regard to clause 7ii74 4 7e7 ,implementation 7#a7 ,office of ,personnel ,management ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall promulgate regulations to carry out the amendments made by subsections 7a7 and 7b74 7#b7 ,,cia employees ,the ,director of the ,central ,intelligence ,agency shall promulgate regulations to carry out the amendment made by subsection 7c74 7#c7 ,foreign ,service ,retirement and ,disability ,system ,the ,secretary of ,state shall promulgate regulations to carry out the amendment made by subsection 7d74 7#d7 ,agency certification ,the regulations promulgated to carry out the amendments made by this ,act shall include a requirement that the head of the agency at which an affected individual1 affected employee1 or affected special agent 7as the case may be7 incurred the applicable illness or injury certifies that such illness or injury-- 7,a7 was incurred in the course of performing official duties2 and 7,b7 permanently precludes the affected individual1 affected employee1 or affected special agent from rendering useful and efficient service in the covered position but would not preclude the affected individual1 affected employee1 or affected special agent from continuing to serve in the ,federal service4 7#e7 ,agency reappointment ,the regulations promulgated to carry out the amendments made by this ,act shall ensure that1 to the greatest extent possible1 the head of each agency appoints an affected individual1 affected employee1 or affected special agent to a supervisory or administrative position related to the activities of the former covered position of the affected individual1 affected employee1 or affected special agent4 7#f7 ,treatment of service ,the regulations promulgated to carry out the amendments made by this ,act shall ensure that the creditable service of an affected individual1 affected employee1 or affected special agent 7as the case may be7 that is not in a covered position pursuant to an election made under such amendments shall be treated as the same type of service as the covered position in which the affected individual1 affected employee1 or affected special agent suffered the qualifying illness or injury4 7f7 ,effective date2 applicability ,the amendments made by this ,act-- 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,,ii7 or section #hdab7;d77#b77;,a77i77,,ii7 of title #e1 ,united ,states ,code1 as amended by this section1 section #cjb7;d77#a77;,a77ii7 of the ,central ,intelligence ,agency ,retirement ,act1 as amended by this section1 or section #hjf7;a77#f77;,d77i77,i77bb7 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