Pub. L. 110-161, div. E, tit. V, sec. 535

Sec. 535. (a) Amendments Relating to the Civil Service Retirement System.—(1) Definitions.—Section 8331 of title 5, United States Code, is amended—(A) by striking “and” at the end of paragraph (28), by striking the period at the end of the first paragraph (29) and inserting a semicolon, by redesignating the second paragraph (29) as paragraph (30), and by striking the period at the end of paragraph (30) (as so redesignated) and inserting “; and”; and(B) by adding at the end the following:“(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.”.(2) Deductions, contributions, and deposits.—Section 8334 of title 5, United States Code, is amended—(A) in subsection (a)(1)(A), by striking “or nuclear materials courier,” and inserting “nuclear materials courier, or customs and border protection officer,”; and(B) in the table contained in subsection (c), by adding at the end the following: “Customs and border protection officer7.5After June 29, 2008.”. (3) Mandatory separation.—The first sentence of section 8335(b)(1) of title 5, United States Code, is amended by striking “or nuclear materials courier” and inserting “nuclear materials courier, or customs and border protection officer”.(4) Immediate retirement.—Section 8336 of title 5, United States Code, is amended—121 STAT. 2076(A) in subsection (c)(1), by striking “or nuclear materials courier” and inserting “nuclear materials courier, or customs and border protection officer”; and(B) in subsections (m) and (n), by striking “or as a law enforcement officer,” and inserting “as a law enforcement officer, or as a customs and border protection officer,”.(b) Amendments Relating to the Federal Employees’ Retirement System.—(1) Definitions.—Section 8401 of title 5, United States Code, is amended—(A) in paragraph (34), by striking “and” at the end;(B) in paragraph (35), by striking the period and inserting “; and”; and(C) by adding at the end the following:“(36) the term ‘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.”.(2) Immediate retirement.—Paragraphs (1) and (2) of section 8412(d) of title 5, United States Code, are amended by striking “or nuclear materials courier,” and inserting “nuclear materials courier, or customs and border protection officer,”.(3) Computation of basic annuity.—Section 8415(h)(2) of title 5, United States Code, is amended by striking “or air traffic controller.” and inserting “air traffic controller, or customs and border protection officer”.(4) Deductions from pay.—The table contained in section 8422(a)(3) of title 5, United States Code, is amended by adding at the end the following: “Customs and border protection officer7.5After June 29, 2008.”. (5) Government contributions.—Paragraphs (1)(B)(i) and (3) of section 8423(a) of title 5, United States Code, are amended by inserting “customs and border protection officers,” after “nuclear materials couriers,” each place it appears.(6) Mandatory separation.—Section 8425(b)(1) of title 5, United States Code, is amended—(A) by striking “or nuclear materials courier who” and inserting “nuclear materials courier, or customs and border protection officer who”; and(B) by striking “or nuclear materials courier,” and inserting “nuclear materials courier, or customs and border protection officer”.(c) Maximum Age for Original Appointment.—Section 3307 of title 5, United States Code, is amended by adding at the end the following:121 STAT. 2077 “(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).”.(d) 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.(e) Effective Date; Transition Rules.—(1) Effective date.—The amendments made by this section shall become effective on the later of 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 separation 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 annuity 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 such 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.—121 STAT. 2078(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 the enactment of this Act.(B) Notice requirement.—Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall take 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 subsection (a) or (b), as applicable; or(II) to be treated as if subsections (a) and (b) had 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 subsection, 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 the 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.