Page:United States Statutes at Large Volume 88 Part 1.djvu/400

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[88 STAT. 356]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 356]

356 10 USC 801.

"Firefighter.'

Deposits.

PUBLIC LAW 93-350-JULY 12, 1974

Exemption.

Early retirement.

Annuity computation.

Supra.

Effective dates. 5 USC 3307 note.

STAT.

47 of title 10) require frequent (as determined by the appropriate administrative authority with the concurrence of the Commission) direct contact with these individuals in their detention, direction, supervision, inspection, training, employment, care, transportation, or rehabilitation; and "(21) 'firefighter' means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position." SEC. 3. (a) The first sentence of section 8334(a)(1) of title 5, United States Code, is amended by inserting "a law enforcement officer, and a firefighter," following "Congressional employee,". (b) The first sentence of section 8334(c) of title 5, United States Code, is amended by adding at the end thereof the following new schedule: "Law enforcement officer for law enforcement service and firefighter for firefighter service.

Mandatory separation.

[88

2^/^ Sy^ 5 6 61^ 7 IVz

August 1, 1920, to June 30, 1926, July 1, 1926, to June 30, 1942. July 1, 1942, to June 30, 1948. July 1, 1948, to October 31, 1956. November 1, 1956, to December 31, 1969. January 1, 1970, to December 31, 1974. After December 31, 1974.".

SEC. 4. Section 8335 of title 5, United States Code, is amended by adding the following new subsection at the end thereof: " (g) A law enforcement officer or a firefighter who is otherwise eligible for immediate retirement under section 8336(c) of this title shall be separated from the service on the last day of the month in which he becomes 55 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires." SEC. 5.. Section 8336(c) of title 5, United States Code, is amended to read as follows: "(c) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 20 years, is entitled to an annuity." SEC. 6. Section 8339(d) of title 5, United States Code, is amended to read as follows: " (d) The annuity of an employee retiring under section 8335(g) or 8336 (c) of this title is— " (A) 21/^ percent of his average pay multiplied by so much of his total service as does not exceed 20 years; plus " (B) 2 percent of his average pay multiplied by so much of his total service as exceeds 20 years." SEC. 7. The amendments made by the first section, and sections 2(b), 5, and 6, of this Act shall become effective on the date of enactment of this Act. The amendments made by sections 2(a) and 3 of this Act shall become effective at the beginning of the first applicable pay period which begins after December 31, 1974. The amendment made by section 4 of this Act shall become effective on January 1, 1978. Approved July 12, 1974.