104 STAT. 928 PUBLIC LAW 101-428—OCT. 15, 1990 Public Law 101-428 101st Congress An Act Oct. 15, 1990 To amend title 5, United States Code, with respect to retirement of members of the [H.R. 5641] Capitol Police. Be it enacted by the Senate and House of Representatives of the Capitol Police United States of America in Congress assembled. Retirement Act. 5 USC 8331 note. SECTION 1. SHORT TITLE; REFERENCES. (a) SHORT TITLE.—This Act may be cited as the "Capitol Police Retirement Act". (b) REFERENCES.— Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code. SEC. 2. AMENDMENTS TO CHAPTER 83. (a) IMMEDIATE RETIREMENT.— Section 8336 is amended by redesignating subsection (m) as subsection (n) and inserting after subsection (1) the following new subsection: "(m) A member of the Capitol Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Capitol Police or as a law enforcement officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.". (b) MANDATORY SEPARATION. —(1)(A) Section 8335 is amended by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following new subsection: "(d) A member of the Capitol Police who is otherwise eligible for immediate retirement under section 8336(m) shall be separated from the service on the last day of the month in which such member becomes 55 years of age or completes 20 years of service if then over that age. The Capitol Police Board, when in its judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Board shall notify the member in writing of the date of separation at least 60 days in advance thereof. Action to separate the member is not effective, without the consent of the member, until the Isist day of the month in which the 60-day notice expires.". Effective date. (B) The amendment made by subparagraph (A) shall take effect 2 5 USC 8335 note, years after the date of enactment of this Act. (2) Section 8335(e), as so redesignated by paragraph (I)(A), is amended by inserting "(other than a member of the Capitol Police)" after "employee". (c) COMPUTATION. —(1) Section 8339 is amended by adding at the end the following new subsection: "(q) The annuity of a member of the Capitol Police, or former member of the Capitol Police, retiring under this subchapter is computed in accordance with subsection (b), except that, in the case
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