3 1 2 3 4 5 6 "(9) the term 'special agent' has the same meaning given in section 804(15).". (1) IN GENERAL.-Subsection (a) of section 805 of such Act (22 U.S.C. 4045(a)) is amended by adding at the end the following: 7 "(3) In the case of a special agent, paragraph (1) 8 shall be applied by substituting for '7 percent' the percent9 age which would apply under section 8334(c) of title 5, 10 United States Code, with respect to the period of service 11 involved, if that service had been performed as a law en12 forcement officer (as defined by section 8331(20) of such 13 title).". 14 15 16 (2) CONFORMING AMENDMENT. - Paragraph (1) of section 805(a) of such Act is amended by striking "Except as provided in subsection (h)," and insert 17 ing "Except as otherwise provided in this section,". 18 (c) SPECIAL CONTRIBUTION FOR PRIOR NON19 DEPOSIT SERVICE. --Subsection (d) of section 805 of such 20 Act (22 U.S.C. 4045(d)) is amended by adding at the end 21 the following: 22 "(6) Subject to paragraph (4) and subsection (h), for 23 purposes of applying this subsection with respect to prior 24 service as a special agent, the percentages of basic pay 25 set forth in section 8334(c) of title 5, United States Code, 4 1 with respect to a law enforcement officer, shall apply in 2 stead of the percentages set forth in paragraph (1).". 3 (d) COMPUTATION OF ANNUITIES. 4 (1) IN GENERAL.-Subsection (a) of section 5 806 of such Act (22 U.S.C. 4046(a)) is amended 6 (A) by redesignating paragraph (6) as 8 (B) by inserting after paragraph (5) the 10 "(6)(A) The annuity of a special agent retiring under 11 this subchapter shall be computed under paragraph (1) 12 except that, in the case of a special agent described in 13 subparagraph (B), paragraph (1) shall be applied by sub14 stituting for '2 percent'ー 15 16 17 18 19 20 21 22 23 "(i) the percentage under subparagraph (A) of section 8339(d)(1) of title 5, United States Code, for so much of the participant's total service as is specified thereunder; and "(ii) the percentage under subparagraph (B) of section 8339(d)(1) of title 5, United States Code, for so much of the participant's total service as is specified thereunder. "(B) A special agent described in this subparagraph 24 is any such agent who 5 "(i) retires voluntarily or involuntarily under section 607, 608, 611, 811, 812, or 813, under conditions authorizing an immediate annuity, other than for cause on charges of misconduct or delinquency; and "(ii) at the time of retirement "(I) if voluntary, is at least 50 years of age and has completed at least 20 years of service as a special agent; or 10 11 12 "(II) if involuntary, has completed at least 20 years of service as a special agent. "(C) For purposes of clause (ii) of subparagraph (B), 13 included with the years of service performed by an individ14 ual as a special agent shall be any service performed by 15 such individual as a law enforcement officer (within the 16 meaning of section 8331(20) or section 8401(17) of title 17 5, United States Code), a member of the Metropolitan Po18 lice of the District of Columbia, or a member of the Cap19 itol Police.". 20 21 22 23 (2) SPECIAL RULE FOR THOSE WHO EXERCISED ELECTION RIGHTS UNDER SECTION 860. -Subsection (a) of section 806 of such Act (22 U.S.C. 4046(a)), as amended by paragraph (1), is further amended 1 2 3 4 5 6 6 (A) by redesignating paragraph (7) (as so redesignated by paragraph (1)) as paragraph (8); and (B) by inserting after paragraph (6) (as added by paragraph (1)) the following: "(7) In the case of special agent who becomes or be7 came subject to subchapter II pursuant to an election 8 under section 860 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "(A) for purposes of clause (ii) of paragraph (6)(B), any service performed by the individual as a special agent (whether under this subchapter or under subchapter II) shall be creditable; and "(B) if the individual satisfies paragraph (6)(B), the portion of such individual's annuity which is attributable to service preceding the effective date of such election shall be computed in conformance with paragraph (6).”. (3) TECHNICAL AND CONFORMING AMENDMENTS.-(A) Paragraph (7) of section 806(a) of such Act (22 U.S.C. 4046(a)), as so designated by paragraph (1), is amended by striking "and (4)" and inserting "(4), and (6)". (B) Paragraphs (1) and (3) of section 855(b) of such Act (22 U.S.C. 4071d(b)) are amended by inserting "611," after "608,". 7 1 (e) TREATMENT OF SERVICE IF PARTICIPANT 2 TRANSFERS. 3 4 5 6 7 8 9 10 11 12 13 14 15 (1) TO CSRS. - Section 811 of such Act (22 U.S.C. 4051) is amended by adding at the end the following: "For purposes of any annuity under the Civil Service Retirement System to which a participant becomes entitled under the preceding sentence, service performed by such participant as a special agent shall be treated in the same way as if it had been performed as a law enforcement officer (within the meaning of section 8331(20) of such title 5).". (2) ΤΟ FERS. - Section 859 of such Act (22 U.S.C. 4071h) is amended by adding at the end the following: "(d) For purposes of any annuity to which a partici16 pant becomes entitled under the Federal Employees' Re17 tirement System, any service performed by such partici18 pant as a special agent under this subchapter shall (if or 19 to the extent that it becomes creditable under that system) 20 be treated in the same way as if it had been performed 21 as a law enforcement officer (within the meaning of sec22 tion 8401(17) of title 5, United States Code).". 23 24 25 (3) EFFECTIVE DATE. -The amendments made by this subsection shall apply with respect to any annuity under chapter 83 or 84 of title 5, United |