Law Enforcement Officers Equity Act

Bill Number: H.R. 3226
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Government Operations and Politics
Status: Introduced
Latest Action: 2025-05-07: Referred to the House Committee on Oversight and Government Reform.
Last Updated: 2026-06-30T08:06:15Z

AI-Generated Summary

Purpose of the Legislation

The Law Enforcement Officers Equity Act (H.R. 3226) aims to expand the definition of a "law enforcement officer" under federal retirement laws. This expansion allows more federal employees to qualify for enhanced retirement benefits, such as earlier retirement eligibility and higher contribution rates, recognizing their roles in law enforcement activities.

Key Provisions

Expansion of Definition for Retirement Systems:
Amends the Federal Employees Retirement System (FERS) under 5 U.S.C. § 8401(17) to include new categories of employees as law enforcement officers.
Amends the Civil Service Retirement System (CSRS) under 5 U.S.C. § 8331(20) to align with the FERS changes.
New Qualifying Positions:
Employees whose duties involve investigating or apprehending individuals suspected or convicted of federal crimes and who are authorized to carry a firearm.
Internal Revenue Service (IRS) employees primarily responsible for collecting delinquent taxes and securing delinquent tax returns.
Employees of the United States Postal Inspection Service.
Department of Veterans Affairs (VA) police officers (as defined under 38 U.S.C. § 902).
U.S. Customs and Border Protection (CBP) seized property specialists (GS-1801 series) involved in managing seized and forfeited property.
Application to Employees:
Applies to individuals appointed as law enforcement officers on or after the date of enactment.
For current (incumbent) employees: Post-enactment service is automatically treated as law enforcement service; pre-enactment service can be elected to count as such.
Election Process for Incumbents:
Incumbents must submit a written election to the Office of Personnel Management (OPM) Director within 5 years of enactment or before separation from service.
If elected, individuals pay a deposit to the Civil Service Retirement and Disability Fund covering the difference in retirement deductions for prior service, plus interest.
Agencies employing the incumbent during prior service must contribute the difference in government contributions, plus interest, paid ratably over 10 years.
If the individual deposit is partial, prior service remains creditable but reduces the annuity (pension) to account for the unpaid amount.
Exemptions and Regulations:
Exempts qualifying law enforcement officers from mandatory separation (forced retirement) for 3 years after enactment.
OPM Director must issue regulations to implement the act, including provisions for survivor annuities if an incumbent dies before electing.

Significant Changes to Existing Law

Broadens Eligibility: Previously, law enforcement officer status for retirement was limited to specific roles (e.g., certain investigators). This bill adds broader criteria, including general investigative roles with firearm authority, and explicitly includes IRS tax collectors, Postal Inspectors, VA police, and CBP property specialists—positions not previously covered.
Retroactive Option for Incumbents: Introduces an election mechanism to credit prior service, with required deposits (individual and agency) and interest calculations based on existing formulas (e.g., 5 U.S.C. §§ 8334, 8422). This is a new pathway not available under prior law.
Temporary Relief: Adds a 3-year exemption from mandatory retirement age rules (under 5 U.S.C. §§ 8335(b), 8425(b)), providing transitional flexibility.

Potential Impacts

On Government Agencies: Agencies like IRS, Postal Service, VA, and CBP will face increased costs for government contributions on prior service (spread over 10 years). OPM will need to administer elections, deposits, and regulations, potentially increasing administrative workload.
On Citizens/Federal Employees: Qualifying employees gain access to enhanced retirement benefits, including up to 1.7% higher annual contribution rates under FERS/CSRS and eligibility for retirement after 20-25 years of service (versus 30 years for standard employees). This could improve recruitment and retention in these roles but may strain the retirement fund initially due to deposits.
On International Relations: No direct impacts, as the bill focuses on domestic federal employment and retirement.

Main Stakeholders Affected

Federal Employees: Primarily incumbents and new hires in the specified positions (e.g., IRS revenue officers, Postal Inspectors, VA police, CBP specialists), who benefit from improved retirement options.
Agencies: IRS, U.S. Postal Service, VA, CBP, and employing agencies responsible for contributions; OPM as the overseeing body.
Retirement System Participants: Broader federal workforce and retirees, indirectly affected through fund adjustments; potential survivors of deceased incumbents via annuity provisions.
Taxpayers: Bear indirect costs through agency budgets funding government contributions.

Notable Legal, Constitutional, or Political Implications

Legal Implications: Aligns retirement benefits with job risks (e.g., investigation, firearm use), promoting equity under federal personnel law. The deposit requirements ensure fiscal responsibility by avoiding unfunded liabilities in the retirement fund. Regulations by OPM could clarify ambiguities, such as for part-time or transferred employees.
Constitutional Implications: None apparent; the bill operates within Congress's authority over federal compensation (Article I, Section 8) and does not infringe on individual rights.
Political Implications: Supports federal law enforcement personnel by addressing perceived inequities in retirement benefits, potentially aiding bipartisan appeal (introduced by Republicans and Democrats). It may set a precedent for expanding special retirement categories, influencing future personnel reforms without major controversy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Garbarino, Andrew R. [R-NY-2]

Cosponsors (71)

Rep. Connolly, Gerald E. [D-VA-11], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Kean, Thomas H. [R-NJ-7], Rep. Davis, Donald G. [D-NC-1], Rep. Gooden, Lance [R-TX-5], Rep. Riley, Josh [D-NY-19], Rep. DelBene, Suzan K. [D-WA-1], Rep. Vindman, Eugene Simon [D-VA-7], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Stauber, Pete [R-MN-8], Rep. Budzinski, Nikki [D-IL-13], Rep. Bacon, Don [R-NE-2], Rep. Houlahan, Chrissy [D-PA-6], Rep. Lynch, Stephen F. [D-MA-8], Rep. Hoyle, Val T. [D-OR-4], Rep. Perez, Marie Gluesenkamp [D-WA-3], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Peters, Scott H. [D-CA-50], Rep. Vasquez, Gabe [D-NM-2], Rep. Brownley, Julia [D-CA-26], Rep. Tonko, Paul [D-NY-20], Rep. Turner, Michael R. [R-OH-10], Rep. Sherrill, Mikie [D-NJ-11], Rep. Smith, Christopher H. [R-NJ-4], Rep. Harder, Josh [D-CA-9], Rep. Bost, Mike [R-IL-12], Rep. Frankel, Lois [D-FL-22], Rep. Lawler, Michael [R-NY-17], Rep. Pappas, Chris [D-NH-1], Rep. Salinas, Andrea [D-OR-6], Rep. Norcross, Donald [D-NJ-1], Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Pocan, Mark [D-WI-2], Rep. Cuellar, Henry [D-TX-28], Rep. Tokuda, Jill N. [D-HI-2], Rep. Malliotakis, Nicole [R-NY-11], Rep. Landsman, Greg [D-OH-1], Rep. Gonzales, Tony [R-TX-23], Rep. Gillen, Laura [D-NY-4], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Garcia, Robert [D-CA-42], Rep. Min, Dave [D-CA-47], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Levin, Mike [D-CA-49], Rep. Bresnahan, Robert P. [R-PA-8], Rep. Rutherford, John H. [R-FL-5], Rep. Gottheimer, Josh [D-NJ-5], Rep. Meuser, Daniel [R-PA-9], Rep. Stanton, Greg [D-AZ-4] and 21 more

Recent Actions

2025-05-07: Referred to the House Committee on Oversight and Government Reform.
2025-05-07: Introduced in House
2025-05-07: Introduced in House

Bill Versions

Law Enforcement Officers Equity Act — issued 2025-05-07 — PDF (9 pages)