Page:United States Statutes at Large Volume 117.djvu/1405

 117 STAT. 1386

PUBLIC LAW 108–133—NOV. 22, 2003

Public Law 108–133 108th Congress An Act Nov. 22, 2003 [H.R. 3054]

District of Columbia Military Retirement Equity Act of 2003.

To amend the Policemen and Firemen’s Retirement and Disability Act to permit military service previously performed by members and former members of the Metropolitan Police Department of the District of Columbia, the Fire Department of the District of Columbia, the United States Park Police, and the United States Secret Service to count as creditable service for purposes of calculating retirement annuities payable to such members upon payment of a contribution by such members, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘District of Columbia Military Retirement Equity Act of 2003’’. SEC. 2. PERMITTING INCLUSION OF PREVIOUS MILITARY SERVICE AS CREDITABLE SERVICE FOR CERTAIN DISTRICT OF COLUMBIA RETIREES.

Subsection (c)(8) of the Policemen and Firemen’s Retirement and Disability Act (sec. 5–704(h), D.C. Official Code) is amended— (1) by striking ‘‘(8) Notwithstanding’’ and inserting ‘‘(8)(A) Except as provided in subparagraph (B), notwithstanding’’; and (2) by adding at the end the following new subparagraph: ‘‘(B)(i)(I) Except as provided in subclause (II), and subject to clause (iv), each member or former member who has performed military service before the date of the separation on which the entitlement to any annuity under this Act is based may elect to retain credit for the service by paying (in accordance with such regulations as the Mayor shall issue) to the office by which the member is employed (or, in the case of a former member, to the appropriate benefits administrator) an amount equal to 7 percent of the amount of the basic pay paid under section 204 of title 37, United States Code, to the member for each period of military service after December 1956. The amount of such payments shall be based on such evidence of basic pay for military service as the member may provide, or, if the Mayor determines sufficient evidence has not been so provided to adequately determine basic pay for military service, such payment shall be based upon estimates of such basic pay provided to the Mayor under clause (iii). Payment of such amount by an active member must be completed prior to the member’s date of retirement or October 1, 2006, whichever is later, for the member to retain credit for the service. ‘‘(II) In any case where military service interrupts creditable service under this subsection and reemployment pursuant to chapter 43 of title 38, United States Code, occurs on or after August 1, 1990, the deposit payable under this clause may not

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