July 23, 2025
Mr. Harder of California (for himself and Mr. Scott Franklin of Florida) introduced the following bill; which was referred to the Committee on Oversight and Government Reform
To extend the break-in-service consideration for firefighter retirements, and other purposes.
Section 1. Continuing accrual of service for firefighters
(a) Federal employees’ retirement system
Section 8401(14) of title 5, United States Code, is amended to read as follows:
(14)
the term firefighter means—
(A)
an employee, the duties of whose position—
(i)
are primarily to perform work directly connected with the control and extinguishment of nonwildland fires; and
(ii)
are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
(B)
an employee, the duties of whose position—
(i)
are primarily to perform work directly connected with the control and extinguishment of wildland fires; and
(ii)
are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
(C)
an employee who—
(i)
is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years; and
(ii)
while serving in such supervisory or administrative position, has no break in service; or
(D)
an employee who—
(i)
occupies a supervisory or administrative position after performing duties described in subparagraph (B) for not less than 3 years; and
(ii)
has not more than 24 months in total time of breaks in service;
(b) Service before date of enactment
(1) In general
Subject to the requirements under paragraph (2), service performed before the date of enactment of this Act by an individual who, on the date of enactment of this Act, is an employee (as defined in section 8401(11) of title 5, United States Code) shall, for the purposes of chapter 84 of title 5, United States Code, be treated as service performed by a firefighter if—
(A)
such service was performed during the period beginning on October 1, 2003, and ending on the day before the date of enactment of this Act;
(B)
at the time of performing such service—
(i)
the individual did not meet the requirements to be a firefighter under section 8401(14) of title 5, United States Code, because of a break in service; and
(ii)
would have met the requirements to be a firefighter under section 8401(14)(D) of title 5, United States Code, as amended by this Act; and
(C)
appropriate deductions and withholdings under sections 8422 and 8423 of title 5, United States Code, were made during such service.
(2) Credit for service
To receive credit for eligible service under paragraph (1), the applicable individual shall—
(A)
before the date on which the individual separates from service in the agency in which the individual holds a position on the date of enactment of this Act, submit a written election to the agency employing the individual;
(B)
if the individual is not employed by the agency that employed the individual when the service described in paragraph (1) was performed, submit a written election to such agency; and
(C)
remit to the agency that employed the individual when such service was performed the additional amount that would have been deducted during the period of prior service under section 8422 of title 5, United States Code, from the pay of the individual if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed under section 8334(e) of title 5, United States Code.
(3) Government contributions
If an individual remits payment under paragraph (2)(C) with respect to service described in paragraph (1), the agency that employed the individual when such service was performed shall remit to the Office of Personnel Management (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total additional amount of Federal contributions that would have been paid under section 8423 of title 5, United States Code, if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed in accordance with section 8334(e) of title 5, United States Code.
(4) Notification and assistance requirements
The Director of the Office of Personnel Management shall—
(A)
take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this subsection, or to have any annuity computed under this subsection, of the entitlement to the credit or computation; and
(B)
upon request, assist any individual described in subparagraph (A) in obtaining such information in the possession of the Secretary of Agriculture or the Secretary of the Interior, as applicable, as may be necessary to verify the entitlement of the individual to have any service credited, or to have any annuity computed, pursuant to this subsection.
(5) Rule of construction
Nothing in this section shall be construed to permit or require the making of any contribution to the Thrift Savings Fund that would not otherwise have been permitted or required but for the enactment of this section.