Inclusion of police officers of Department of Veterans Affairs as law enforcement officers

(a) CSRS and FERS (1) In general Title 5, United States Code, is amended— (A) in section 8331(20), in the matter preceding subparagraph (A)— (i) by inserting, or an individual described in section 8401(17)(E) after criminal laws of the United States; and (ii) by inserting, or so described, after engaged in this activity; and (B) in section 8401(17)— (i) in subparagraph (C)— (I) by striking subparagraph (A) and (B) and inserting subparagraph (A), (B), or (E); and (II) by striking and at the end; (ii) in the flush text following subparagraph (D)(iii), by adding and at the end; and (iii) by adding at the end the following: (E) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38, as determined by the Secretary of Veterans Affairs;. (2) Application The amendments made by this subsection shall apply to any— (A) individual who is appointed as a law enforcement officer— (i) as defined in section 8331(20) or 8401(17) of title 5, United States Code, as amended by this subsection; and (ii) on or after the date of enactment of this Act; and (B) incumbent, as defined in subsection (b), consistent with the requirements of that subsection. (b) Incumbent law enforcement officers (1) Definitions In this subsection: (A) Director The term Director means the Director of the Office of Personnel Management. (B) Fund The term Fund means the Civil Service Retirement and Disability Fund. (C) Incumbent The term incumbent means an individual who— (i) was appointed as a law enforcement officer before the date of enactment of this Act; and (ii) is serving as a law enforcement officer on the date of enactment of this Act. (D) Law enforcement officer The term law enforcement officer means an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code, solely by virtue of the amendments made by subsection (a). (E) Prior service The term prior service means, with respect to an incumbent who makes an election under paragraph (2)(B), service performed by the incumbent before the date on which appropriate retirement deductions begin to be made under the election. (F) Service The term service means service performed by an individual as a law enforcement officer. (2) Treatment of service performed by incumbents (A) Service on or after date of enactment Service performed by an incumbent on or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer. (B) Service before date of enactment Service performed by an incumbent before the date of enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer only if the incumbent submits a written election to the Director by the earlier of— (i) the date that is 5 years after the date of enactment of this Act; or (ii) the day before the date on which the incumbent separates from service. (3) Individual contributions for prior service (A) In general An incumbent who makes an election under paragraph (2)(B) may, with respect to prior service performed by the incumbent, pay a deposit into the Fund equal to the sum of— (i) the difference between— (I) the amount that would have been deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code, from the pay of the incumbent if the amendments made by subsection (a) had been in effect during the prior service; and (II) the amount that was deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code; and (ii) interest on the amount described in clause (i)(I), as computed under— (I) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (II) regulations promulgated by the Director. (B) Effect of not contributing If an incumbent does not pay the full amount of the deposit described in subparagraph (A), all prior service of the incumbent— (i) shall remain fully creditable as a law enforcement officer; and (ii) the resulting annuity shall be reduced— (I) in a manner similar to that described in section 8334(d)(2) of title 5, United States Code; and (II) to the extent necessary to make up the amount unpaid. (4) Government contributions for prior service (A) In general If an incumbent makes an election under paragraph (2)(B), an agency that employed the incumbent during any prior service of the incumbent shall remit to the Director, for deposit in the Fund, an amount equal to the sum of— (i) the difference between— (I) the total amount of Government contributions that would have been paid under section 8334 or 8423 of title 5, United States Code, if the amendments made by subsection (a) had been in effect during the prior service; and (II) the total amount of Government contributions paid under section 8334 or 8423 of title 5, United States Code; and (ii) interest on the amount described in clause (i)(I), as computed in accordance with— (I) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (II) regulations promulgated by the Director. (B) Contributions to be made ratably Government contributions under this paragraph on behalf of an incumbent shall be made by the agency ratably (not less frequently than annually) over the 10-year period beginning on the date described in paragraph (1)(E). (5) Exemption from mandatory separation Notwithstanding section 8335(b) or 8425(b) of title 5, United States Code, a law enforcement officer shall not be subject to mandatory separation during the 3-year period beginning on the date of enactment of this Act. (6) Regulations The Director shall prescribe regulations to carry out this subsection, including regulations for the application of this subsection in the case of any individual entitled to a survivor annuity (based on the service of an incumbent who dies before making an election under paragraph (2)(B)), to the extent of any rights that would have been available to the decedent if still living. (7) Rule of construction Nothing in this subsection may be construed to apply in the case of a reemployed annuitant.