Customs and Border Protection Officers get LEO coverage (6c)

[formerNOPD]

http://www.whitehouse.gov/news/releases/2007/12/20071226-1.html

This is the same coverage that Special Agents and other agencies get. 1.7% retirement per year - 20 year retirement at 57 max, or 25 years at any age before 57.

Just a heads up - for those that are over 37, after july 2008, you'll likely be ineligible for hire for CBP Officer positions. I'm sure the specifics will be spelled out in the near future.

Those that get in before will be grandfathered.

[toughmommy]

http://www.whitehouse.gov/news/releases/2007/12/20071226-1.html

This is the same coverage that Special Agents and other agencies get. 1.7% retirement per year - 20 year retirement at 57 max, or 25 years at any age before 57.

Just a heads up - for those that are over 37, after july 2008, you'll likely be ineligible for hire for CBP Officer positions. I'm sure the specifics will be spelled out in the near future.

Those that get in before will be grandfathered.

Hello formerNOPD!

Thanks for the heads up!

I am hoping to get my academy date before then!!! I am 38 now and I took my VBT today and the only left is my medical being approved and my DD214 getting received by Minneapolis from vetrecs.

I am just waiting for now!!!

[formerNOPD]

http://thomas.loc.gov/cgi-bin/query/D?c110:8:./temp/~c110Y1etyM::

Sec. 535. (a) Amendments Relating to the Civil Service Retirement System-

(1) DEFINITIONS- Section 8331 of title 5, United States Code, is amended--

(A) by striking `and' at the end of paragraph (28), by striking the period at the end of the first paragraph (29) and inserting a semicolon, by redesignating the second paragraph (29) as paragraph (30), and by striking the period at the end of paragraph (30) (as so redesignated) and inserting `; and'; and

(B) by adding at the end the following:

`(31) `customs and border protection officer' means an employee in the Department of Homeland Security (A) who holds a position within the GS-1895 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years.'.

(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS- Section 8334 of title 5, United States Code, is amended--

(A) in subsection (a)(1)(A), by striking `or nuclear materials courier,' and inserting `nuclear materials courier, or customs and border protection officer,'; and

(B) in the table contained in subsection (c), by adding at the end the following:
(3) MANDATORY SEPARATION- The first sentence of section 8335(b)(1) of title 5, United States Code, is amended by striking `or nuclear materials courier' and inserting `nuclear materials courier, or customs and border protection officer'.

(4) IMMEDIATE RETIREMENT- Section 8336 of title 5, United States Code, is amended--

(A) in subsection (c)(1), by striking `or nuclear materials courier' and inserting `nuclear materials courier, or customs and border protection officer'; and

(B) in subsections (m) and (n), by striking `or as a law enforcement officer,' and inserting `as a law enforcement officer, or as a customs and border protection officer,'.

(b) Amendments Relating to the Federal Employees' Retirement System-

(1) DEFINITIONS- Section 8401 of title 5, United States Code, is amended--

(A) in paragraph (34), by striking `and' at the end;

(B) in paragraph (35), by striking the period and inserting `; and'; and

(C) by adding at the end the following:

`(36) the term `customs and border protection officer' means an employee in the Department of Homeland Security (A) who holds a position within the GS-1895 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position, and (B) whose duties include activities relating to the arrival and departure of persons, conveyances, and merchandise at ports of entry, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties (as described in subparagraph (B)) in 1 or more positions (as described in subparagraph (A)) for at least 3 years.'.

(2) IMMEDIATE RETIREMENT- Paragraphs (1) and (2) of section 8412(d) of title 5, United States Code, are amended by striking `or nuclear materials courier,' and inserting `nuclear materials courier, or customs and border protection officer,'.

(3) COMPUTATION OF BASIC ANNUITY- Section 8415(h)(2) of title 5, United States Code, is amended by striking `or air traffic controller.' and inserting `air traffic controller, or customs and border protection officer'.

(4) DEDUCTIONS FROM PAY- The table contained in section 8422(a)(3) of title 5, United States Code, is amended by adding at the end the following:
------------------------------------------------------------------------------------------------------------------------------------------------------`Customs and border protection officer 7.5 After June 29, 2008.'. ---------------------------------------------------------------------------
(5) GOVERNMENT CONTRIBUTIONS- Paragraphs (1)(B)(i) and (3) of section 8423(a) of title 5, United States Code, are amended by inserting `customs and border protection officers,' after `nuclear materials couriers,' each place it appears.

(6) MANDATORY SEPARATION- Section 8425(b)(1) of title 5, United States Code, is amended--

(A) by striking `or nuclear materials courier who' and inserting `nuclear materials courier, or customs and border protection officer who'; and

(B) by striking `or nuclear materials courier,' and inserting `nuclear materials courier, or customs and border protection officer'.

(c) Maximum Age for Original Appointment- Section 3307 of title 5, United States Code, is amended by adding at the end the following:

`(g) The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a customs and border protection officer, as defined by section 8401(36).'.

(d) Regulations- Any regulations necessary to carry out the amendments made by this section shall be prescribed by the Director of the Office of Personnel Management in consultation with the Secretary of Homeland Security.

(e) Effective Date; Transition Rules-

(1) EFFECTIVE DATE- The amendments made by this section shall become effective on the later of June 30, 2008, or the first day of the first pay period beginning at least 6 months after the date of the enactment of this Act.

(2) TRANSITION RULES-

(A) NONAPPLICABILITY OF MANDATORY SEPARATION PROVISIONS TO CERTAIN INDIVIDUALS- The amendments made by subsections (a)(3) and (b)(6), respectively, shall not apply to an individual first appointed as a customs and border protection officer before the effective date under paragraph (1).

(B) TREATMENT OF PRIOR CBPO SERVICE-

(i) GENERAL RULE- Except as provided in clause (ii), nothing in this section or any amendment made by this section shall be considered to apply with respect to any service performed as a customs and border protection officer before the effective date under paragraph (1).

(ii) EXCEPTION- Service described in section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section) rendered before the effective date under paragraph (1) may be taken into account to determine if an individual who is serving on or after such effective date then qualifies as a customs and border protection officer by virtue of holding a supervisory or administrative position in the Department of Homeland Security.

(C) MINIMUM ANNUITY AMOUNT- The annuity of an individual serving as a customs and border protection officer on the effective date under paragraph (1) pursuant to an appointment made before that date shall, to the extent that its computation is based on service rendered as a customs and border protection officer on or after that date, be at least equal to the amount that would be payable--

(i) to the extent that such service is subject to the Civil Service Retirement System, by applying section 8339(d) of title 5, United States Code, with respect to such service; and

(ii) to the extent such service is subject to the Federal Employees' Retirement System, by applying section 8415(d) of title 5, United States Code, with respect to such service.

(D) RULE OF CONSTRUCTION- Nothing in the amendment made by subsection (c) shall be considered to apply with respect to any appointment made before the effective date under paragraph (1).

(3) ELECTION-

(A) INCUMBENT DEFINED- For purposes of this paragraph, the term `incumbent' means an individual who is serving as a customs and border protection officer on the date of the enactment of this Act.

(B) NOTICE REQUIREMENT- Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall take measures reasonably designed to ensure that incumbents are notified as to their election rights under this paragraph, and the effect of making or not making a timely election.

(C) ELECTION AVAILABLE TO INCUMBENTS-

(i) IN GENERAL- An incumbent may elect, for all purposes, either--

(I) to be treated in accordance with the amendments made by subsection (a) or (b), as applicable; or

(II) to be treated as if subsections (a) and (b) had never been enacted.

Failure to make a timely election under this paragraph shall be treated in the same way as an election made under subclause (I) on the last day allowable under clause (ii).

(ii) DEADLINE- An election under this paragraph shall not be effective unless it is made at least 14 days before the effective date under paragraph (1).

(4) DEFINITION- For purposes of this subsection, the term `customs and border protection officer' has the meaning given such term by section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section).

(5) EXCLUSION- Nothing in this section or any amendment made by this section shall be considered to afford any election or to otherwise apply with respect to any individual who, as of the day before the date of the enactment of this Act--

(A) holds a position within U.S. Customs and Border Protection; and

(B) is considered a law enforcement officer for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, by virtue of such position.

[madchiken]

http://www.whitehouse.gov/news/releases/2007/12/20071226-1.html

This is the same coverage that Special Agents and other agencies get. 1.7% retirement per year - 20 year retirement at 57 max, or 25 years at any age before 57.



If I'm not mistaken, its 1.5% for the first 20, 1% after that.

20 years at 50 or 25 years at any age <57

Mandatory at 57

[rix031]

nope, its 1.7%

[finaljustice]

Yea!! This is great news , and really cool for new officer coming in in 2008!

[mutosufan]

The only benefit I see is if you get out after the 20 years and get another job that pays similar. The difference between the two retirements, $30,000 compared to $34,000 (using $100,000 as your high three for simplicity. I use this because that is pretty close to what we make as GS-11's in Ft. Lauderdale) isnt great. But if you can find something that pays close to what we make then it will be a "free" $34,000 a year....pay the kids school loans, home payments, etc with the retirement money. Sounds good, right?

My question is where can we find a job at 50+ years old making close to $100,000? Dont get me wrong, I am glad that we have gotten it, but it sounds better than it actually is.

Am I missing anything?

[finaljustice]

Everyone always writes a bunch of bunch of conveluted, long dragged on, rambling words...
it is simple we got "law enforcement status" which we deserve!
It is simple as that, it should have been from the start this way.
Leo's with 20 year Leo retirement - well deserved and very , very cool.
No need to complain after getting a great thing - and this can open doors up for possilbe other things i believe...

[toughmommy]

The only benefit I see is if you get out after the 20 years and get another job that pays similar. The difference between the two retirements, $30,000 compared to $34,000 (using $100,000 as your high three for simplicity. I use this because that is pretty close to what we make as GS-11's in Ft. Lauderdale) isnt great. But if you can find something that pays close to what we make then it will be a "free" $34,000 a year....pay the kids school loans, home payments, etc with the retirement money. Sounds good, right?

My question is where can we find a job at 50+ years old making close to $100,000? Dont get me wrong, I am glad that we have gotten it, but it sounds better than it actually is.

Am I missing anything?

Hello mutosufan!

I am sure a lot of individuals are going to feel what you are feeling when it comes to the retirement benefits of the 6c, IF you are planning on working after you retire from the government. But, look at it this way...with $34,000.00 a year, that's approximately $2,000.00 a month for not working and enjoying your better years in life. That does not include what you are putting away with your TSP. Upon retirement you will have your pension, your TSP, and if you have anything else like IRA's, etc. then you will have that too. So, we're looking at approximately $3,000.00 to $4,000.00 a month to just live your life, golfing, hunting (what ever your desires are). I don't know about you but I can live with that!

[rix031]

for informational purposes only: 6(c) is actually outdated. 12(d) is the actual name for the LEO retirement. 6(c) ended in the 80's, however, people still refer to it as such.

[Convo]

The government also hires a lot of private contractors. That might be something to do after you retire. I think you can work for the USPS too. I might be wrong about that tho.

[marco59]

I haven't had much time to research this, but what does this mean for me? I am 48 and plan on working until my early or mid 60s. If I retire at 65, I'll have 29 years in. I have been working on maxing out my TSP. But if I do 29 years, will I get 1.7% X 29 years of my high three?

This was a topic of interest back when I was in the academy in 1996-97. Now that it is here (more or less)...will it benefit me?

[1895FED]

I haven't had much time to research this, but what does this mean for me? I am 48 and plan on working until my early or mid 60s. If I retire at 65, I'll have 29 years in. I have been working on maxing out my TSP. But if I do 29 years, will I get 1.7% X 29 years of my high three?

This was a topic of interest back when I was in the academy in 1996-97. Now that it is here (more or less)...will it benefit me?

Lets say that you started in 96. 1996-2008 is 12 years @ 1.0% is what you will get. July 1, 2008 if you sign up for the new retirement I am not sure if it is automatic or not. Basically you have to request to OPM to switch the LEO status. With that being said you are looking at this:

12 years PRIOR LEO x 1.0% of high three= ?
17 years LEO x 1.7% of high three = ?

Lets use $100,000.00:

12 x $100,000 x 1.0% = $12,000.00
17 x $100,000 x 1.7% = $28,900.00

Yearly= $40,900.00

Hope this helps Bro!

[marco59]

Thank! Well, I guess that LEO coverage is an improvement over what we have now. I had no idea that the percent of the high three was so low! When I had a state job, the retirement was better. However, I don't regret leaving for the fed job. Now, if I could just start making more money from TSP......

[formerNOPD]

for informational purposes only: 6(c) is actually outdated. 12(d) is the actual name for the LEO retirement. 6(c) ended in the 80's, however, people still refer to it as such.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div6&view=text&node=5:2.0.1.1.17.9&idno=5


5 U.S.C. 8336(c)

[nateljen80]

Congratulations, Long time coming!.....

[brandonthelaw]

I am currently in the process for BPA and CBPO, so this LEO coverage definitely does affect my decision should I be offered both positions at the same time:rolleyes: Now that CBPO's will get coverage, will that just change their retirement, or will it also change current pay scale? For instance, it is my understanding that BPAs are on the GL pay scale. Will CBPOs be on GL instead of GS pay scale now?

Thanks

[rix031]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div6&view=text&node=5:2.0.1.1.17.9&idno=5


5 U.S.C. 8336(c)


im not exactly sure what you mean by this post? i know the definition of 6(c). if you are trying to tell me that 6(c) is still active, your correct, but only for a few "old" school guys. FERS has been implemented a long time ago, which eliminated CSRS, except for those grandfathered.

[formerNOPD]

im not exactly sure what you mean by this post? i know the definition of 6(c). if you are trying to tell me that 6(c) is still active, your correct, but only for a few "old" school guys. FERS has been implemented a long time ago, which eliminated CSRS, except for those grandfathered.

From my understanding the regulation only defines who is and who is not a LEO for retirement. The system of retirement is the same whether you are under CSRS (old system) or FERS.

Do you have the 12(d) law link?


6(c)is still an active law is the point and is what was referenced as being modified by the recent bill that was passed, so I doubt it's outdated or not used is the point.

[formerNOPD]

FROM: Assistant Commissioner
Human Resources Management

On December 26, 2007, the President signed the Consolidated Appropriations Act, 2008, that included an enhanced retirement benefit for Customs and Border Protection Officers (CBPOs). The enhanced retirement benefit (section 535 of the Act) is similar to that provided for law enforcement officers. The provisions of this enhanced retirement package will be effective on July 6, 2008.

This is a momentous occasion for our CBPOs who have now been formally recognized for the essential work that they perform. On a daily basis, CBPOs perform as frontline officers in support of our homeland security mission which is critical to our nation. This recognition and retirement compensation package is well-deserved and long over-due.

This legislation will aid CBP's continued recruitment and retention of the best and brightest Officers and build a vigorous workforce for the future. CBP has already taken proactive steps to implement the law, including working closely with the Department of Homeland Security and the Office of Personnel Management to meet all of the milestones of the legislation. We will continue to work diligently over the next few months to implement the provisions of the legislation through a detailed schedule and implementation plan.

This is a great step for our frontline officers and well deserved. The Agency is proud of the efforts that our workforce makes on a daily basis to ensure the security of our great Nation. Over the next few months, we will be providing you with additional messages outlining the Agency's progress as well as options and resources that will be available to guide you through the process.

Robert Hosenfeld

Assistant Commissioner

[AndyWhite]

Ok, so I'm a little cornfused here.
I'm 35, finishing my CJ degree and just getting into LE work. Does this mean that by the time I apply and get a position that I'll be too old?
It looks like some people are taking years to get the process done.

[formerNOPD]

Ok, so I'm a little cornfused here.
I'm 35, finishing my CJ degree and just getting into LE work. Does this mean that by the time I apply and get a position that I'll be too old?
It looks like some people are taking years to get the process done.


Andy,
That could very well happen. If I were you, I'd start the process as quickly as possible.
Good luck,
Fmr

[Mangie2k]

Quick question on mandatory retirement. What happens if you turn 57 before you complete twenty years of service, do you have to separate? Also, could I convert my military time (21 years) to federal time? If so, what is that process like. Thanks in advance.

[Bearcat357]

Also, could I convert my military time (21 years) to federal time? If so, what is that process like.

You don't convert it....you sell it back.

If you get hired, you will need to get with HR and fill out a form....send it into your branch....and they will send some stuff back. HR comes up with the formula on how much you owe them...and they will take the money out of you pay...

At least that's how it was explaned to me. I am still trying to get the Army to send my forms back.....having sent the stuff off 4 times and not gotten anything back after 3 years.... :rolleyes:

I was assured by my new place of work (conveintly DOD) that they would get it straightened out when I start working there next week.....

I will post more when I figure things out....

[Mangie2k]

You don't convert it....you sell it back.

If you get hired, you will need to get with HR and fill out a form....send it into your branch....and they will send some stuff back. HR comes up with the formula on how much you owe them...and they will take the money out of you pay...

At least that's how it was explaned to me. I am still trying to get the Army to send my forms back.....having sent the stuff off 4 times and not gotten anything back after 3 years.... :rolleyes:

I was assured by my new place of work (conveintly DOD) that they would get it straightened out when I start working there next week.....

I will post more when I figure things out....

Thanks for the reply Bearcat. How about the mandatory age question, would I have to separate at 57 if I decide not to sell my time back?

[Bearcat357]

Thanks for the reply Bearcat. How about the mandatory age question, would I have to separate at 57 if I decide not to sell my time back?

You will have to ask the CBP guys that one....as I don't know....

I think you would have to be gone at 57 due to Federal Law.....

[formerNOPD]

Thanks for the reply Bearcat. How about the mandatory age question, would I have to separate at 57 if I decide not to sell my time back?


If you have 21 years military, then you must have a retirement from the military. If you want credit for those years for retirement purposes, you will have to give up all your retirement from the military. If you are not already in the process and have a date for the academy before July 2008, and you are over the age of 37 now, you will not be hired, so the age question is moot.

Under 6c you HAVE to meet one of the following: At least 20 years service By age 57 OR 25 years service at ANY age under 57.

If you cannot meet either and are not currently employed with customs then like I said, the question is moot. Try another agency that is not covered under 6c is your best bet.

[matyoka]

GREAT NEWS !!!!!!!

As of March 26th, Enhanced Retirement for CBP Officers is final as signed by Bush. No bull****, no vetoing, no more CBP does not deserve 6C. Retirement packets will be sent out to each and all of us starting next month. Wanted to attach the email, but too big for an attachment.

[Rather_Static]

Cool!

Going to FLETC april 10th, so I am glad this is legit now.

[qixfeet]

We were told by HQ that packets will start being mailed on monday.

[ICE Offcr]

Did they use the age of 37 or 40 as your enter NLT date?

How are the grandfathering people over the age limit for retirement purposes?

[rix031]

Did they use the age of 37 or 40 as your enter NLT date?

How are the grandfathering people over the age limit for retirement purposes?

there will be more information forthcoming, but as of right now, the 37 yr old age limit is waived until july 1, 2008. afterwards, anyone applying/hired will have to be under 37. in short, after july 1st, everyone must complete 20 or 25 yrs (depending on situation) to retire regardless of age or time in service if they accept the new system.

[kmille]

Hi,

I am kind of bummed out right about now. I took the CBPO test in October of 07, scoring a 87. I have been waiting to be called for my geographic region of TN and was hoping to hear from them soon. Problem is, I am now 48 years old. That age was fine back in October for the position. I am wondering if anyone knows if this will affect me or if the new age requirement will apply only to those who test after the law went into effect??

Keith
Retired Captain
NYC Dept of Correction:mad:

[will0861]

I know this is a little off topic, but it's retirement related at least. I was in the Marine Corps Reserve for 8 years, never did any active duty time besides boot camp, and MOS schools. Does any of that time count towards a CBPO's retirement?

Thanks,

[rix031]

I know this is a little off topic, but it's retirement related at least. I was in the Marine Corps Reserve for 8 years, never did any active duty time besides boot camp, and MOS schools. Does any of that time count towards a CBPO's retirement?

Thanks,

no

[OVERCBPII]

Hello Everyone. Don't be fooled by my login name. CBP has given much to me, however I am leaving the agency soon. If anyone would like some pre employment questions answered or advice or some straight talk without disgruntleness about life at the busiest land border in the world or at the agency as a hole feel free to PM me. I hope that I can be of some help to aspiring CBP Officers

[merlin436]

"agency as a hole"

Freudian slip?

[yoda]

Hello Everyone. Don't be fooled by my login name. CBP has given much to me, however I am leaving the agency soon. If anyone would like some pre employment questions answered or advice or some straight talk without disgruntleness about life at the busiest land border in the world or at the agency as a hole feel free to PM me. I hope that I can be of some help to aspiring CBP Officers

You should try the CBP Officer thread...:cool: