TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 83 - RETIREMENT
SUBCHAPTER III - CIVIL SERVICE RETIREMENT
Sec. 8331. Definitions
-STATUTE-
For the purpose of this subchapter -
(31) "'Customs and Border Protection Officer' means an employee in the Department of Homeland Security-(A) who holds a position within the GS-1895 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position, and
(B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years".
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 83 - RETIREMENT
SUBCHAPTER III - CIVIL SERVICE RETIREMENT
Sec. 8334. Deductions, contributions, and deposits
-STATUTE-
(a)(1)(A) The employing agency shall deduct and withhold from the basic pay of an employee, Member, Congressional employee, law enforcement officer, firefighter, bankruptcy judge, judge of the United States Court of Appeals for the Armed Forces, United States magistrate,(1) Court of Federal Claims judge, member of the Capitol Police, member of the Supreme Court Police, nuclear
materials courier, or Customs and Border Protection Officer, ; and
(B)(i) Except as provided in clause (ii), an equal amount shall be contributed from the appropriation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the
legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee.
(ii) In the case of an employee of the United States Postal Service, the amount to be contributed under this subparagraph shall (instead of the amount described in clause (i)) be equal to the product derived by multiplying the employee's basic pay by the percentage equal to -
(I) the normal-cost percentage for the applicable employee category listed in subparagraph (A), minus
(II) the percentage deduction rate that applies with respect to such employee under subparagraph (A).
(2) The amounts so deducted and withheld, together with the amounts so contributed, shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Secretary of the Treasury may prescribe. Deposits made by an employee or Member also shall be credited to the Fund.
(b) Each employee or Member is deemed to consent and agree to these deductions from basic pay. Notwithstanding any law or regulation affecting the pay of an employee or Member, payment less these deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to the benefits to which the employee or Member is entitled under this subchapter.
(c) Each employee or Member credited with civilian service after July 31, 1920, for which retirement deductions or deposits have not been made, may deposit with interest an amount equal to the following percentages of his basic pay received for that service:
Percentage Service period of basic pay
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Customs and border protection officer 7.5 after June 29, 2008
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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 83 - RETIREMENT
SUBCHAPTER III - CIVIL SERVICE RETIREMENT
-HEAD-
Sec. 8335. Mandatory separation
-STATUTE- (Note-Age restriction does NOT apply to those already on duty)
(b)(1) A law enforcement officer, firefighter, nuclear materials courier, or Customs and Border Protection Officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer, firefighter, or courier, as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age.
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 83 - RETIREMENT
SUBCHAPTER III - CIVIL SERVICE RETIREMENT
-HEAD-
Sec. 8336. Immediate retirement
-STATUTE-(Note-Age restriction does NOT apply to those already on duty)
(Also note that this section is where (6c) is derived.)
(a) An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity.
(b) An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
(c)(1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier or Customs and Border Protection Officer or any combination of such service totaling at least 20 years, is entitled to an annuity.
(m) A member of the Capitol Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Capitol Police as a law enforcement officer or Customs and Border Protection Officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.
(n) A member of the Supreme Court Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Supreme Court Police as a law enforcement officer or as a Customs and Border Protection Officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.
(o) An annuity or reduced annuity authorized by this section is computed under section 8339 of this title.
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 84 - FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 8401. Definitions
-STATUTE-
For the purpose of this chapter -
(36) Customs and Border Protection Officer means an employee in the Department of Homeland Security
(A) who holds a position within the GS-1895 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position, and
(B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years.
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 84 - FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SUBCHAPTER II - BASIC ANNUITY
-HEAD-
Sec. 8412. Immediate retirement
-STATUTE- (Note-Age restriction does NOT apply to those already on duty)
(Also note that this section is where (12d) is derived.)
(a) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection
(h) and completing 30 years of service is entitled to an annuity.
(b) An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
(c) An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity.
(d) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency -
(1) after completing 25 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, Customs and Border Protection Officer, or any combination of such service totaling at least 25 years, or (2) after becoming 50 years of age and completing 20 years of service as a law enforcement officer, member of the Capitol Police or Supreme Court Police, firefighter, nuclear materials courier, or Customs and Border Protection Officer or any combination of such service totaling at least 20 years, is entitled to an annuity.
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 84 - FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SUBCHAPTER II - BASIC ANNUITY
-HEAD-
Sec. 8415. Computation of basic annuity
-STATUTE-
(2) This subsection applies in the case of an employee who -
(A) retires entitled to an annuity under section 8412; and
(B) at the time of the separation on which entitlement to the annuity is based, is at least 62 years of age and has completed at least 20 years of service; but does not apply in the case of a Congressional employee, military technician (dual status), law enforcement officer, member of the Supreme Court Police, firefighter, nuclear materials courier, air traffic controller, or Customs and Border Protection Officer.
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 84 - FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SUBCHAPTER II - BASIC ANNUITY
-HEAD-
Sec. 8422. Deductions from pay; contributions for other service
-STATUTE-
(a)(1) The employing agency shall deduct and withhold from basic pay of each employee and Member a percentage of basic pay determined in accordance with paragraph (2).
(2) The percentage to be deducted and withheld from basic pay for any pay period shall be equal to - (A) the applicable percentage under paragraph (3), minus (B) the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1986 (relating to rate of tax for old- age, survivors, and disability insurance).
(3) The applicable percentage under this paragraph for civilian service shall be as follows:
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Customs and border protection officer, 7.5 after June 29, 2008
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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 84 - FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SUBCHAPTER II - BASIC ANNUITY
-HEAD-
Sec. 8423. Government contributions
-STATUTE-
(a)(1) Each employing agency having any employees or Members subject to section 8422(a) shall contribute to the Fund an amount equal to the sum of -
(A) the product of -
(i) the normal-cost percentage, as determined for employees (other than employees covered by subparagraph (B)), multiplied by
(ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees (under clause (i)) who are within such agency; and
(B) the product of -
(i) the normal-cost percentage, as determined for Members, Congressional employees, law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, Customs and Border Protection Officers, air traffic controllers, military reserve technicians, and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, multiplied by (ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees and Members (under clause (i)) who are within such agency.
(2) In determining any normal-cost percentage to be applied under this subsection, amounts provided for under section 8422 shall be taken into account.
(3) Contributions under this subsection shall be paid -
(A) in the case of law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, Customs and Border Protection Officers, air traffic controllers, military reserve technicians, and other employees, from the appropriation or fund used to pay such law enforcement officers, members of the Supreme Court Police, firefighters, nuclear materials couriers, customs and border protection officers, air traffic controllers, military reserve technicians, or other employees, respectively;
(B) in the case of elected officials, from an appropriation or fund available for payment of other salaries of the same office or establishment; and
(C) in the case of employees of the legislative branch paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives.
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart G - Insurance and Annuities
CHAPTER 84 - FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SUBCHAPTER II - BASIC ANNUITY
-HEAD-
Sec. 8425. Mandatory separation
-STATUTE-
(b)(1) A law enforcement officer, firefighter, nuclear materials courier, or Customs and Border Protection Officer who ; and is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer, firefighter, nuclear materials courier, or Customs and Border Protection Officer as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart B - Employment and Retention
CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND
APPOINTMENT
-HEAD-
Sec. 3307. Competitive service; maximum-age entrance requirements;
exceptions
(g) The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a Customs and Border Protection Officer, as defined by section 8401 (36)
REGULATIONS-
Any regulations necessary to carry out the amendments made by this section shall be prescribed by the Director of the Office of Personnel Management in consultation with the Secretary of Homeland Security.
EFFECTIVE DATE : TRANSITION RULES-
(1) EFFECTIVE DATE.-The amendments made by this section shall become effective on the later June 30, 2008, or the first day of the first pay period beginning at least 6 months after the date of the enactment of this Act.
(2) TRANSITION RULES.-
(A) NONAPPLICABILITY OF MANDATORY SEPERATION
PROVISIONS TO CERTAIN INDIVIDUALS.-
The amendments made by subsections (a)(3) and (b)(6), respectively, shall not apply to an individual first appointed as a Customs and Border Protection Officer before the effective date under paragraph (1).
(B) TREATMENT OF PRIOR CBPO SERVICE.-
(i) GENERAL RULE.-Except as provided in clause (ii), nothing in this section or any amendment made by this section shall be considered to apply with respect to any service performed as a Customs and Border Protection Officer before the effective date under paragraph (1).
(ii) EXCEPTION.-
Service described in Section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section) rendered before the effective date under paragraph (1) may be taken into account to determine if an individual who is serving on or after such effective date then qualifies as a Customs and Border Protection Officer by virtue of holding a supervisory or administrative position in the Department of Homeland Security.
(C) MINIMUM ANUNITY AMOUNT.-
The annuity of an individual serving as a customs and border protection officer on the effective date under paragraph (1) pursuant to an appointment made before that date shall, to the extent that its computation is based on service rendered as a Customs and Border Protection Officer on or after that date, be at least equal to the amount that would be payable-
(i) to the extent that service is subject to the Civil Service Retirement System, by applying section 8339(d) of title 5, United States Code, with respect to such service; and
(ii) to the extent such service is subject to the Federal Employees’ Retirement System, by Applying section 8415(d) of title 5, United States Code, with respect to such service.
(D) RULE OF CONSTRUCTION.-
Nothing in the amendment made by subsection (c) shall be considered to apply with respect to any appointment made before the effective date under paragraph (1).
(3) ELECTION.-
(A) INCUMBENT DEFINED.-
For purposes of this paragraph, the term “incumbent” means an individual who is serving as a Customs and Border Protection Officer on the date of enactment of this Act.
(B) NOTICE REQUIREMENT.-
Not later than 30 days after the date of this enactment of this Act, the Director of the Office of Personnel Management shall make measures reasonably designed to ensure that incumbents are notified as to their election rights under this paragraph, and the effect of making or not making a timely election.
(C) ELECTION AVAILABLE TO INCUMBENTS.-
(i) IN GENERAL.-
An incumbent may elect, for all purposes, either-
(I) to be treated in accordance with the amendments made by subjection (a) and (b), as applicable; or
(II) to be treated as if subsections (a) and (b) never been enacted. Failure to make a timely election under this Paragraph shall be treated in the same way as an Election made under subclause
(I) on the last day allowable under clause (ii).
(ii) DEADLINE.-An election under this paragraph shall not be effective unless it is made at least 14 days before the effective date under paragraph (1)
(4) DEFINITION.-
For purposes of this subjection, the term “Customs and Border Protection Officer” has the meaning given such term by section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section).
(5) EXCLUSION.-
Nothing in this section or any amendment made by this section shall be considered to afford any election or to otherwise apply with respect to any individual who, as of the day before the date of enactment of this Act-
(A) holds a position within U.S. Customs and Border Protection; and
(B) is considered a law enforcement officer for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, by virtue of such position.
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