Many federal police officers are not receiving enhanced retirement benefits and pay because they do not fall under the statutory definition of a law enforcement officer, but that could change. Last wee, in the House, Representative Andrew Garbarino (R-NY) reintroduced the Law Enforcement Officers Equity Act that would define various federal personnel, currently excluded, as “law enforcement officers,” as it applies to salary and retirement purposes.
“For too long, police officers have not received full access to their federal retirement benefits. After putting their lives on the line for us every day, it is essential we ensure we are protecting and providing for our heroes in law enforcement,” said Rep. Garbarino. “I am proud to join my colleagues from both sides of the aisle to fix this loophole in the law and expand full federal benefits to our men and women in blue.”
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The bipartisan legislation, which was co-sponsored by Gerald Connolly (D-VA) and Brian Fitzpatrick (R-PA), would grant law enforcement officer status to:
- employees who are authorized to carry a firearm and whose duties include the investigation and/or apprehension of suspected criminals;
- employees of the Internal Revenue Service whose duties are primarily the collection delinquent taxes and securing delinquent returns;
- employees of the U.S. Postal Inspection Service;
- employees of the Department of Veterans Affairs who are department police officers;
- Pentagon Police in the Department of Defense; and
- certain customs and border protection staff.
There were approximately 12,600 federal police officers at the end of fiscal 2023, and nearly half of them worked for the Defense Department. Under current law, these workers do not qualify for the same early-retirement and pension benefits granted to traditional law enforcement role.
This legislation would provide all Federal law enforcement officers the ability to retire after 20 years of service after the age of 50 or after 25 years of service at any age. If enacted, thousands of officers serving in federal agencies within the U.S. Departments of Defense and Veterans Affairs, as well as those employed by the FBI Police, U.S. Postal Service, Federal Protective Service, National Institute of Health, U.S. Mint and the Bureau of Engraving and Printing will receive the same enhanced benefits as their Federal law enforcement counterparts.
Federal employees—and the federal agencies for which they work—would be required to make catch-up contributions to the federal retirement system for any eligible past service years, though the bill allows flexibility in the timing of payment.
Patrick Yoes, National President of the Fraternal Order of Police which represents more than 377,000 members, applauded the introduction of the legislation. “Due to their high level of training and the dangerous nature of the profession, Congress rightfully determined that Federal law enforcement officers should receive enhanced salary and retirement benefits compared to other Federal employees …,” explained Yoes. “Because of regulatory inconsistencies, nearly 30,000 Federal law enforcement officers do not receive these benefits … This bill will ensure that all Federal law enforcement officers receive the same benefits when they retire."
Related: House Committee advances proposal to cut back on federal employee pensions
The previous version of the Law Enforcement Officers Equity Act, introduced in 2023, did not advance from the House Committee on Oversight and Government Reform. A similar bill, the Law Enforcement Officers Parity Act, was introduced in the Senate in 2023 that would extend enhanced retirement benefits to police officers and other federal law enforcement positions.
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Lynn Cavanaugh
Lynn Varacalli Cavanaugh is Senior Editor, Retirement at BenefitsPRO. Prior, she was editor-in-chief of the What's New in Benefits & Compensation newsletter. She has worked for major firms in the employee benefits space, Vanguard and Willis Towers Watson, as well as top media companies, including Condé Nast and American Media.
