[Federal Register: July 22, 2005 (Volume 70, Number 140)]
[Rules and Regulations]
[Page 42253-42254]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy05-1]
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Rules and Regulations
Federal Register
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[[Page 42253]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 831 and 842
RIN 3206-AJ39
Law Enforcement Officer and Firefighter Retirement
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing final
rules that permit certain police officers with the Metropolitan
Washington Airports Authority (MWAA) to elect coverage under the
special retirement provisions for law enforcement officers. We are also
amending the regulations governing special retirement provisions for
law enforcement officers and officers and firefighters employed under
the Civil Service Retirement System (CSRS) and the Federal Employees
Retirement System (FERS). These changes were made to clarify and
interpret previously promulgated regulations.
DATES: This final rule is effective July 22, 2005.
FOR FURTHER INFORMATION CONTACT: Mary Ellen Wilson, (202) 606-0299.
SUPPLEMENTARY INFORMATION: On July 25, 2001, we published (at 66 FR
38524) interim regulations to implement provisions of section 636 of
the Treasury and General Government Appropriations Act, 2001, enacted
December 21, 2000, which is incorporated by reference as Appendix C to
the Consolidated Appropriations Act, 2001, Public Law 106-554 (114
Stat. 2763). Section 636 of the Treasury and General Government
Appropriations Act, 2001, permits certain police officers with the
Metropolitan Washington Airports Authority (MWAA) to elect coverage
under the special retirement provisions for law enforcement officers.
The interim rules issued on July 25, 2001, established procedures for
these MWAA police officers to elect coverage under the special
retirement provisions for law enforcement officers. The interim rule
also made other amendments to previously promulgated rules regulating
law enforcement officer and firefighter retirement coverage under the
Civil Service Retirement System (CSRS) and the Federal Employees
Retirement System (FERS).
OPM received comments from one Federal agency. The commentor noted
that the revised definition of agency head at 5 CFR 831.902 and 5 CFR
842.802 deleted language from the second sentence of the definition.
Specifically, the phrase ``for provisions dealing with law enforcement
officers and firefighters'' was deleted from the definition of agency
head at 5 CFR 842.802, and the phrase ``or to the deputy department
head'' was deleted from the definition of agency head at 5 CFR 831.902
and 5 CFR 842.802. The commentor noted that the deletion of these
phrases could be interpreted as a new restriction on an agency's
ability to delegate decision-making authority. We agree with the
commentor. The definition of agency head was revised only to clarify
and interpret the existing extent of an agency head's authority. We are
restoring the deleted language to indicate that the existing ability of
an agency head to delegate decision-making authority is unchanged.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
will only affect a small number of employees of the Metropolitan
Washington Airports Authority.
List of Subjects in 5 CFR Parts 831 and 842
Administrative practice and procedure, Air traffic controllers,
Alimony, Claims, Disability benefits, Firefighters, Government
employees, Income taxes, Intergovernmental relations, Law enforcement
officers, Pensions, Reporting and recordkeeping requirements,
Retirement.
U.S. Office of Personnel Management.
Linda M. Springer,
Director.
0
Accordingly, the interim rule amending 5 CFR parts 831 and 842, which
was published at 66 FR 38524 on July 25, 2001, is adopted as a final
rule with the following change:
PART 831--RETIREMENT
0
1. The authority citation for part 831 is revised to read as follows:
Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5
U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; Sec.
831.108 also issued under 5 U.S.C. 8336(d)(2); Sec. 831.114 also
issued under 5 U.S.C. 8336(d)(2), and section 1313(b)(5) of Pub. L.
107-296, 116 Stat. 2135; Sec. 831.201(b)(1) also issued under 5
U.S.C. 8347(g); Sec. 831.201(b)(6) also issued under 5 U.S.C.
7701(b)(2); Sec. 831.201(g) also issued under sections 11202(f),
11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec.
831.201(g) also issued under section 7(b) and (e) of Pub. L. 105-
274, 112 Stat. 2419; Sec. 831.201(i) also issued under sections 3
and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.204 also
issued under section 102(e) of Pub. L. 104-8, 109 Stat. 102, as
amended by section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec.
831.205 also issued under section 2207 of Pub. L. 106-265, 114 Stat.
784; Sec. 831.301 also issued under section 2203 of Pub. L. 106-265,
114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2)
and section 2203 of Pub. L. 106-235, 114 Stat. 780; Sec. 831.502
also issued under 5 U.S.C. 8337; Sec. 831.502 also issued under
section 1(3), E.O. 11228, 3 CFR 1965-1965 Comp. p. 317; Sec. 831.663
also issued under section 8339(j) and (k)(2); Secs. 831.663 and
831.664 also issued under section 11004(c)(2) of Pub. L. 103-66, 107
Stat. 412; Sec. 831.682 also issued under section 201(d) of Pub. L.
99-251, 100 Stat. 23; Sec. 831.912 also issued under section 636 of
Appendix C to Pub. L. 106-554, 114 Stat. 2763A-164; subpart V also
issued under 5 U.S.C. 8343a and section 6001 of Pub. L. 100-203, 101
Stat. 1330-275; Sec. 831.2203 also issued under section 7001(a)(4)
of Pub. L. 101-508, 104 Stat. 1388-328.
Subpart I--Law Enforcement Officers and Firefighters
0
2. Amend Sec. 831.902 by revising the definition of agency head to
read as follows:
Sec. 831.902 Definitions.
* * * * *
Agency head means, for the executive branch agencies, the head of
an
[[Page 42254]]
executive agency as defined in 5 U.S.C. 105; for the legislative
branch, the Secretary of the Senate, the Clerk of the House of
Representatives, or the head of any other legislative branch agency;
for the judicial branch, the Director of the Administrative Office of
the U.S. Courts; for the Postal Service, the Postmaster General; and
for any other independent establishment that is an entity of the
Federal Government, the head of the establishment. For the purpose of
an approval of coverage under this subpart, agency head is also deemed
to include the designated representative of the head of an executive
department as defined in 5 U.S.C. 101, except that the designated
representative must be a department headquarters-level official who
reports directly to the executive department head, or to the deputy
department head, and who is the sole such representative for the entire
department. For the purpose of a denial of coverage under this subpart,
agency head is also deemed to include the designated representative of
the agency head, as defined in the first sentence of this definition,
at any level within the agency.
* * * * *
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY
0
3. The authority citation for part 842 is revised to read as follows:
Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also
issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under
sections 3 and 7(c) of Pub. L. 105-274, 112, Stat. 2419; Sec.
842.105 also issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec,
842.106 also issued under section 102(e) of Pub. L. 104-8, 109 Stat.
102, as amended by section 153 of Pub. L. 104-134, 110 Stat. 1321;
Sec. 842.107 also issued under sections 11202(f), 11232(e), and
11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 842.107 also issued
under section 7(b) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.108
aslo issued under section 7(e) of Pub. L. 105-274, 112 Stat. 2419;
Sec. 842.213 also issued under 5 U.S.C. 8414(b)(1)(B) and section
1313(b)(5) of Pub. L. 107-296, 116 Stat. 2135; Secs. 842.604 and
842.611 also issued under 5 U.S.C. 8419; Sec. 842.615 also issued
under 5 U.S.C. 8416 and 8417; Sec. 842.614 also issued under 5
U.S.C. 8419; Sec. 842.615 also issued under 5 U.S.C. 8418; Sec.
842.703 also issued under section 7001(a)(4) of Pub. L. 101-508, 104
Stat. 1388; Sec. 842.707 also issued under section 6001 of Pub. L.
100-203, 101 Stat. 1300; Sec. 842.708 also issued under section 4005
of Pub. L. 101-239, 103 Stat. 2106 and section 7001 of Pub. L. 101-
508, 104 Stat. 1388, subpart H also issued under 5 U.S.C. 1104; sec.
842.810 also issued under Appendix C to Pub. L. 106-554, 114 Stat.
2763A-164.
Subpart H--Law Enforcement Officers, Firefighters, and Air Traffic
Controllers
0
4. Amend Sec. 842.802 by revising the definition of agency head to
read as follows:
Sec. 842.802 Definitions
* * * * *
Agency head means, for the executive branch agencies, the head of
an executive agency as defined in 5 U.S.C. 105; for the legialative
branch, the Secretary of State, the Clerk of the House of
representatives, or the head of any other legislative branch agency;
for the judicial branch, the Director of the Administrative Office of
the U.S. Courts; for the Postal Service, the Postmaster General; and
for any other independent establishment that is an entity of the
Federal Government, the head of the establishment. For the purpose of
an approval of coverage under this subpart, agency head is also deemed
to include the designated representative of the head of an executive
department as defined in 5 U.S.C. 101, except that, for provisions
dealing with law enforcement officers and firefighters, the designated
representative must be a department headquarters-level official who
reports directly to the executive department head, or to the deputy
department head, and who is the sole such represenative for the entire
department. For the purpose of a denial coverage under this subpart,
agency head is also deemed to include the designated representative of
the agency head, as defined in the first sentence of this definition,
at any level within the agency.
* * * * *
[FR Doc. 05-14240 Filed 7-21-05; 8:45 am]
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