Kiernan, Edward J., president, International Conference of Police Asso- Ryan, John P., executive secretary, Federal Criminal Investigators Asso- Tinsley, Hon. Thomas A., Director, Bureau of Retirement, Insurance, and Waller, Jack A., International Association of Firefighters, Washington, SUBMISSIONS FOR THE RECORD FBI crime report entitled "Analysis of Assaults on Federal Officers-1973.. Breakdown of employees in the various Government agencies who would be affected by H.R. 9281_. Correspondence to Senator Burdick from the Federal Criminal Investigators Association__ Biographical sketch of Eugene T. Rossides Additional telegrams and letters sent to Senator Burdick supporting H.R. 9281 and H.R. 6078_. Prepared statements of: Page 218 227 26 158 141 116 155 183 33 139 145 161 323 Ambrose, Myles J., resident partner, Spear and Hill, Washington, 147 Bentsen, Hon. Lloyd, a U.S. Senator from the State of Texas_ 275 201 Connery, Vencent L., national president, National Treasury Employees 189 Dole, Hon. Bob, a U.S. Senator from the State of Kansas 104 106 Eastland, Hon. James O., a U.S. Senator from the State of Mississippi. 277 164 Government Employees Council-AFL-CIO (H.R. 6078) 309 (H.R. 9281)_. 312 Additional statement.. Howard, William D., Chief, Intelligence Division, Internal Revenue Hruska, Hon. Roman L., a U.S. Senator from the State of Nebraska. McClellan, Hon. John L., a U.S. Senator from the State of Arkansas sociation___ National Border Patrol Council (A.F. G. E.). Neptune, William J., president, Association of Federal Investigators.. Tinsley, Hon. Thomas A., Director, Bureau of Retirement, Insurance, White, Eddie J., Atomic Energy Commission_ 316 285 288 221 291 232 249 314 300 294 297 267 298 121 180 321 RETIREMENT FOR CERTAIN HAZARDOUS DUTY PERSONNEL WEDNESDAY, APRIL 24, 1974 U.S. SENATE, SUBCOMMITTEE ON COMPENSATION AND EMPLOYMENT BENEFITS OF THE SENATE COMMITTEE ON POST OFFICE AND CIVIL SERVICE, Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 6202, Dirksen Senate Office Building, Hon. Quentin N. Burdick (subcommittee chairman) presiding. Staff members present: Richard G. Fuller, associate staff director; Clyde DuPont, minority counsel; Tom Ebzery, general counsel; John Giannini, professional staff member. OPENING STATEMENT OF CHAIRMAN BURDICK Senator BURDICK. The hearing is convened so that the Subcommittee on Compensation and Employment Benefits may hear testimony on H.R. 6078 and H.R. 9281, two bills relating to the retirement of employees whose duties are hazardous. H.R. 9281, in particular-a bill to provide improved retirement benefits for Federal law enforcement officers and firefighters-has attracted widespread support. Two members of Congress, Senator Percy and Congressman Brasco, will be our first witnesses on the bill, and I understand Senator Dole has also asked to be heard, and Senators McClellan, Scott of Pennsylvania, Jackson, and Bentsen have expressed their interest by submitting statements on the bill for the record. The subcommittee welcomes such expert testimony. Because of a limited time factor, compressed further by the requests of an unusually large number of witnesses to contribute to this hearing, we have asked some of those interested to submit statements for the record. Others have acceded to our request that they summarize their statements in their verbal testimony, submitting the full text for the printed record. Some witnesses wish to testify on both bills. We ask that they combine their testimony when they appear. The subcommittee appreciates the cooperation of the many who have expressed strong interest in these measures and who wish to contribute to the subcommittee's deliberations. I believe a brief review of the provisions of the bills would be helpful here. Under present law, a law-enforcement officer and a firefighter may voluntarily retire at age 50, with 20 years of service, if the employing agency recommends retirement and the Civil Service Commission approves the recommendation after considering the degree of hazard to which the employee is subjected. H.R. 9281 would keep the 50-20 provision, but would delete the requirement that the agency recommend retirement and the Commission approve the recommendation. Under present law, the annuities of the employees covered are computed by multiplying 2 percent of the high 3 average pay by total years of service, with no reduction applied upon retirement prior to age 55. H.R. 9281 would increase the computation formula to 21⁄2 percent of average pay multiplied by 20 years, plus 2 percent of average pay multiplied by the years of service over 20. Under present law, the base pay for retirement purposes is, in general, pay fixed by law or regulation. Excluded are premium pay and overtime pay. H.R. 9281 would include, as part of base pay, the premium pay received by law-enforcement personnel for hours that cannot be controlled administratively because the requirements of the job make for irregular, unscheduled overtime duty. Under present law, the retirement pay deductions for firefighters and law-enforcement officers is the same as for other employees, 7 percent. The same amount is contributed by the agency. H.R. 9281 would increase a firefighter's and a law-enforcement officer's deduction to 712 percent, similarly increasing the agency contribution. These increased contributions would partially pay for the liberalizing provisions of the bill. Present law provides no maximum appointment age for firefighters and law-enforcement personnel, and there is no compulsory retirement age until age 70. H.R. 9281 would require mandatory retirement at age 55 or after 20 years of service for those law-enforcement and firefighting employees beyond age 55, whichever occurs later. But the bill provides the employing agency may, in the public interest, exempt an employee from the mandatory retirement provision, but not beyond age 60. The bill also allows the agency to fix minimum and maximum ages for original appointment. H.R. 6078 would extend to Customs and Immigration Inspectors the same retirement provisions accorded Federal law-enforcement personnel under the hazardous-duty provisions of Civil Service retirement law. At this point in the proceedings I request that H.R. 6078 and H.R. 9281 be placed in the record with appropriate agency reports. [The bills and reports follow:] 93D CONGRESS 1ST SESSION H. R. 6078 IN THE SENATE OF THE UNITED STATES JULY 18, 1973 Read twice and referred to the Committee on Post Office and Civil Service AN ACT To include inspectors of the Immigration and Naturalization Service or the Bureau of Customs-within the provisions of section 8336 (c) of title 5, United States Code, relating to the retirement of certain employees engaged in hazardous occupations, and for other purposes. 1 Be it enacted by the Senate und House of Representa2. tives of the United States of America in Congress assembled, 3 That (a) the first sentence of section 8336 (c) of title 5, 4 United States Code, is amended to read as follows: 5 "(c) An employee, the duties of whose position are 6 primarily 7 8 9 "(1) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States; 2 3 4 5 6 2 "(2) to perform work as an inspector in the Immigration and Naturalization Service or in the Bureau of Customs; or "(3) to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment; 7 including an employee engaged in this activity who is trans8 ferred to a supervisory or administrative position, who is 9 separated from the service after becoming fifty years of age 10 and completing twenty years of service in the performance 11 of these duties is entitled to an annuity if the head of his 12 agency recommends his retirement and the Civil Service 13 Commission approves that recommendation.". 14 (b) The third sentence of section 8336 (c) of title 5, 15 United States Code, is amended by redesignating the refer16 ences "(1)", " (2) ", " (3) ", and " (4)", as "(A)”, “ (B)", 17"(C)", and "(D)", respectively. Passed the House of Representatives July 17, 1973. Attest: W. PAT JENNINGS, Clerk. |