Legislation to Protect First Responder Retirement Clears Congress

A bill to ensure that federal first responders injured on the job receive fair retirement benefits, unanimously passed the Senate and now heads to President Joe Biden’s desk for his signature. Companion legislation passed the House by a unanimous vote in July. 

The First Responder Fair Return for Employees on Their Initial Retirement Earned (RETIRE) Act of 2021 (H.R. 521 ) addresses inequities that currently exist in the  federal retirement system, particularly for first responders who put their lives on the line doing dangerous jobs.  

Currently, if a first responder, including law enforcement, firefighters, and Customs and Border Protection agents, is hurt on the job and then transfers into a “non-6c” position, funds they paid for early retirement are eliminated.  “6c” refers to the section of the law that specifies the early retirement provisions for front line responders, which requires them to pay more into the retirement system upfront in exchange for an earlier retirement date.  

The legislation corrects those issues and allows injured responders to continue to pay into the accelerated retirement system, even if they move into a job that is not classified as a “6c” position. They will also remain entitled to their annuity after serving 20 years and reaching age 50, regardless of their federal workforce position.

The legislation also guarantees that federal first responders will receive a refund, if they should be separated from service before they are entitled to an annuity.

Senator Jon Tester (D-MT), Senator Susan Collins (R-ME), and Senator Kirsten Gillibrand (D-NY) introduced the Senate bill back in January.  

“I introduced this bipartisan legislation to make sure the folks who put themselves in harm’s way are made whole and are able to access the enhanced retirement benefits they’ve earned through years of selfless service,” said Senator Tester in a press release.

Rep. Gerry Connolly (D-VA) was one of the lead sponsors of the House bill (H.R. 521), along with Rep. Brian Fitzpatrick (R-PA) and Rep. Jim Langevin (D-RI).

Upon Senate passage, Rep. Connolly released a statement saying, “We have a responsibility to uphold our promise to those that are injured on the job and ensure their first responders’ benefits are fully protected. They shouldn’t be penalized, especially when they are still committed to public service.”

The bill’s passage was also praised by employee organizations representing federal first responders and front-line workers.  

Edward A. Kelly, General President of the International Association of Fire Fighters (IAFF) said, “Our job is dangerous, and the risk of injury is high. Providing federal fire fighters with access to their full retirement benefits if they're injured on duty is right and fair.”

The Fair RETIRE Act brings fairness to the retirement benefits afforded to the brave men and women in federal law enforcement who are disabled in the line of duty,” said Larry Cosme, National President of the Federal Law Enforcement Officers Association (FLEOA) in a press release. “It was FLEOA’s goal to see this bill passed into law this year, and we are extremely proud that goal has been achieved. We applaud Sen. Jon Tester and Rep. Gerry Connolly who have been our tireless congressional champions on this bill since it was first introduced.”

According to the Federal Times, agencies such as the U.S. Secret Service and the U.S. Forest Service, have testified that “they’ve struggled to hire and keep their public safety officers” amid low-pay, high turnover, and the dangerous nature of the jobs.


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