FBIAA – FLEOA Letter on Potential Reconciliation Action on FERS

Dear Speaker Johnson, Chairman Arrington, Minority Leader Jeffries, and Ranking Member Boyle,

On behalf of the FBI Agents Association (FBIAA) and the Federal Law Enforcement Officers Association (FLEOA), we write to express serious concern about provisions in the proposed budget reconciliation bill that would restrict access to the Federal Employee Retirement System (FERS) Special Retirement Supplement for federal law enforcement officers.

We appreciate the efforts made by the Oversight Committee to work with us to in many ways lessen the negative impacts of its proposed retirement system changes on federal law enforcement officers.  However, the changes approved by the Committee last month, which limit the supplement to only those who reach mandatory retirement age, continue to pose significant risks to national security and the retention of experienced federal law enforcement officers.  In short, these changes would not only make earned voluntary retirement untenable for the brave men and women of the FBI, Secret Service, Drug Enforcement Agency, ICE-Homeland Security Investigations, Customs and Border Protection, and every other federal agency, but it is patently unfair to change the rules on those who have dedicated their lives to the defense of this nation.

Federal law enforcement officers are required to retire at the age of 57. They are eligible to retire after serving our country for at least 20 years and reaching the age of 50, or after 25 years of service at any age. These retirement standards are nearly identical to those in place for almost every state and local law enforcement officer in the country. Along with the defined benefit component of FERS and the defined contribution component of the TSP, the FERS Special Retirement Supplement provides roughly one-third of a federal law enforcement officer’s retirement benefits.  Under current law, the supplement serves as a vital bridge until an officer becomes eligible for Social Security at age 62, ensuring financial stability for those who have dedicated their careers to protecting our nation.

The proposed changes would have far-reaching consequences, not just for the officers but also for the safety and security of the American public. Federal law enforcement agencies rely on experienced officers to address a wide range of threats, including fentanyl trafficking, cyber threats, violent crimes against children, immigration enforcement, and national security threats.  As the Office of Personnel Management reported in 2023, roughly 48,000 (34 percent) out of a universe of approximately 120,000 federal law enforcement officers are eligible to retire by FY 2028—this is the post-9/11 generation of federal law enforcement officers who joined up to serve this nation in the aftermath of the worst terrorist attack in our history. Cutting this benefit would have an immediate effect on attrition rates across the government and create a strong incentive for eligible federal law enforcement officers to retire earlier than planned—before the new rules take effect—draining agencies of institutional knowledge and seasoned leadership at a time of heightened national and global threats.

We urge you to reconsider the proposed changes to the FERS Special Retirement Supplement and exempt federal law enforcement officers from these cuts. Protecting the pay and benefits of those who dedicate their lives to the service of our nation is not a partisan issue; it is a matter of national security and public safety. Ensuring that these officers can retire with their earned defined benefits, and thus financial security, helps preserve a strong, capable federal law enforcement workforce. In addition, we also encourage you to exempt all federal law enforcement officers from the changes to FERS contribution rates and moving the annuity calculation from a “high-3” to a “high-5.”  The bill as passed by the House Oversight Committee provided exemptions from these provisions for those eligible for law enforcement retirement coverage. But this language would not extend to most uniformed federal police officers.

Thank you for your attention to this urgent matter. We stand ready to work with you on solutions that protect the interests of federal law enforcement officers and the safety of the American people.

Sincerely,