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House Passes Connolly Legislation to Guarantee Fair Retirement for Federal First Responders Injured on the Job

Last night, the House unanimously passed the First Responder Fair RETIRE Act, bipartisan legislation to ensure federal firefighters, law enforcement officers, and other federal first responders qualify for full retirement benefits if they are injured on the job and return to the federal workforce. The legislation was introduced by Congressman Gerry Connolly (D-VA), Chairman of the House Subcommittee on Government Operations, Congressman Brian Fitzpatrick (R-PA), and Congressman Jim Langevin (D-RI). Companion legislation has been introduced in the Senate by Senator Jon Tester (D-MT).

Given the hazardous nature the job required of Federal first responders, Congress created an accelerated retirement system for these positions and established a mandatory retirement age of 57. Referred to as “6c” for the section of the law in which this retirement system was established, federal first responders are entitled to an annuity after serving for 20 years and reaching age 50. They pay a greater percentage of their salary into their retirement system, and their annuity amount is calculated at a higher rate than other federal employees who make their payments over the course of 30 years.

The First Responder Fair RETIRE Act addresses inequities facing federal first responders who may become injured on the job and are then unable to continue their service before full retirement. The Fair RETIRE Act allows federal first responders to stay in the 6c retirement system if they are placed in another civil service position outside of the 6c system after returning to work from a duty related injury. The bill also allows these employees to receive a refund of their accelerated contributions should they be separated from service before they are entitled to an annuity.

“We want to incentivize our first responders to continue their service to this nation,” said Connolly during floor debate on the legislation. “We should not punish them for injuries they sustained protecting communities us. And we should reward their actions with continued inclusion in the retirement system they signed up for at the start of their service.” 

The First Responder Fair RETIRE Act is supported by the Federal Law Enforcement Officers Association, the National Fraternal Order of Police, the National Federation of Federal Employees, the International Association of Firefighters, the National Association of Police Organizations, the National Treasury Employees Union, and the Senior Executives Association.

Rep. Connolly outlined the importance of the legislation in an OpEd for the Hill in October of 2021.

Text of Rep. Connolly’s remarks on the House Floor can be found below. Full text of the legislation is available here.

 

H.R. 521 First Responder Fair RETIRE Act

Sponsor: Rep. Gerald E. Connolly (D-VA)

 

Mr. Speaker, I rise in support of this bill.

Federal firefighters and law enforcement officers put their lives on the line every day. For us.

America needs and depends on brave men and women to fill serve in these demanding, arduous, and hazardous duty positions.

These individuals face the very real, daily potential that an on-the-job injury could leave them disabled and unable to return to service.

Given the hazardous nature the job required of federal first responders, Congress recognized that risk created an accelerated retirement system for these positions and established a mandatory retirement age of 57.

Referred to as “6c” for the section of the law in which this retirement system was established, federal first responders are entitled to an annuity after serving for 20 years and reaching age 50.

They pay a greater percentage of their salary into their retirement system, and their annuity amount is calculated at a higher rate than other federal employees who make their payments over the course of 30 years.

Unfortunately, not all federal first responders are able to complete their 20 years of service.

In cases where federal first responders become injured and are no longer able to complete the essential functions of their jobs, they may be placed in a civil service position that does not qualify for 6c benefits.

Any federal first responder transferred to the Federal Employee Retirement System (FERS) loses their eligibility to retire after 20 years of service no matter how many years they have in the system or how much they’ve paid into it.

Additionally, the employee is not reimbursed for the higher contributions he or she made while under the 6c retirement system.

The years of service are credited as if the federal first responder had been in the normal 30-year system for federal employees.

The First Responder Fair RETIRE Act offers a technical correction to current law, authorizing federal first responders to stay in the 6c retirement system if they are placed in a position outside of that system after returning to work from a duty related injury.

The bill also allows these employees to receive a refund of their accelerated contributions should they be separated from service before they are entitled to an annuity.

The First Responder Fair RETIRE Act allows the federal government to uphold the retirement promise it made to its first responders.

These first responders are Capitol Police officers, Secret Service agents, and other federal law enforcement officers and firefighters across numerous federal agencies.

For example, Bob Beckley was a smokejumper out West with the U.S. Forest Service.  He parachuted out of a plane in 1985 and landed in a tree in the Selway Bitteroot Wilderness Area in Idaho when trying to stop a blaze.  The tree’s branches broke, dropping Mr. Beckley 80 feet and breaking his back in five places. He died twice before he could be revived and evacuated.  After his recovery, Mr. Beckley, 10 years into his fire-fighting career, chose to work for the Forest Service in another position, but the reward for his bravery and service was his removal from the 6c retirement system.  He watched his fire fighter brothers and sisters all retire with full benefits at the 20-year mark. 

I also want to highlight the story of Justin Moore, a U.S. Capitol Police Officer who was severely beaten right here, at this very Capitol on January 6th. I heard firsthand from Justin and his colleagues about their heroism defending each and every one of us from a violent mob.

Justin was beaten from behind with a blunt object – suffering severe contusions and several crushed vertebrae in his neck. In just a few weeks, Justin will undergo what is likely career-ending surgery. He may no longer be physically able to perform his law enforcement duties. Seventeen years into his career with the Capitol Police, Justin -- a veteran and father three -- will lose the retirement benefits he has paid into when he is reassigned to a civilian position just three short years short of qualifying. 

We want to incentivize our first responders to continue their service to this nation.  We should not punish them for injuries they sustained protecting us.

And we should reward their actions with continued inclusion in the retirement system they signed up for at the start of their service.  

The bill is endorsed by: the Federal Law Enforcement Officers Association, the National Fraternal Order of Police, the National Federation of Federal Employees, the International Association of Firefighters, the National Association of Police Organizations; the National Treasury Employees Union; and the Senior Executives Association.

I want to thank my 22 bipartisan cosponsors, in particular, my original cosponsors: Brian Fitzpatrick of Pennsylvania and James Langevin of Rhode Island.

Mr. Speaker, I yield back.

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